Medical and Recreational Marijuana - Legalization Issues 2014 NCCAE Conference
The times they are a-changin' - Bob Dylan
Down the Rabbit Hole We Go!
How does a county organization come to consensus when its membership is incredibly diverse?
How Do We Influence the Policy?
Ballot Initiative vs. Legislation If ballot, can you reach out to drafters? What legal role (if any) can you play in initiated measures
Amendment 64 Task Force Governor creates task force to make recommendations to legislature on implementing Amendment 64. Comprised of 5 Working Groups. Legislature Local Authority and Control - Role of local government in the regulatory model Amendment 64 Task Force Tax/Funding and Civil Law - Potential revenue sources and testing requirements Criminal Law Issues - Required changes to existing criminal statutes Regulatory Framework - Licensing program and rule making. Consumer Safety/Social Issues - Substance abuse and prevention, advertising, and labeling. 10/30/2014 14
Lobby, lobby, and then lobby some more
How do we protect/ensure local control?
Local Government Powers Under Amendment 64 A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE (Colorado Constitution, Article XVIII, Section 16, 5 (f))
Local Government Powers Under Amendment 64 A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) (Colorado Constitution, Article XVIII, Section 16, 5 (f))
Local Control - Colorado Counties are authorized to ban recreational and medical marijuana businesses altogether If a county decides to allow businesses, the BOCC can decide to allow one or more of the four different types of recreational/medical marijuana licenses
Medical vs. Medical
How do you create a system that is resistant to fraud? What re the roles/responsibilities of the doctors? Patients? What does patient access look like? Who regulates the bad actors? State? Local?
Who should issue licenses? The county? The state? Both?
Local Government Powers Under Amendment 64 A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) (Colorado Constitution, Article XVIII, Section 16, 5 (f))
Types of Marijuana Licenses in Colorado
1. Retail Marijuana Store
2. Marijuana Cultivation Facility
3. Marijuana Product Manufacturing Facility
4. Marijuana Testing Facility (Recreational Marijuana Only)
How do we pay for all this?
Revenue Options License and application fees (state and/or local) Sales and/or excise taxes (state and/or local)
Major Issues Regarding Retail
Location, location, location? What is the expectation of your respective constituents? Control vs. the illusion of control
What about counties rights as employers?
Employers' Rights - Colorado Colorado Constitution, Article XVIII, Section 16, (6)(a) Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.
What about the Feds?
Issues that the Feds have indicated are concerns Preventing distribution of marijuana to minors Preventing the involvement of criminal enterprises, gangs and cartels in legal marijuana industry Preventing the diversion of legalized marijuana to other states
Other Issues that Counties are Currently Dealing With Kitchen inspections of infused product manufacturers by county health departments Continued concerns over the safety of edibles Building department inspections and safety concerns Lack of prosecution of illegal grow operations
Questions?
Medical and Recreational Marijuana - Legalization Issues 2014 NCCAE Conference