Pubdate: Fri, 12 Feb 2010
Source: Aurora Sentinel (CO)
Copyright: 2010 Aurora Sentinel
Contact:  http://www.aurorasentinel.com/
Details: http://www.mapinc.org/media/1672
Author: Sara Castellanos
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

BORDER POT SHOP WATCHING LEGISLATURE

DENVER - Marijuana dispensaries statewide will be forced to change 
their business models if state legislators have their way.

A bill introduced in the House earlier this month would require 
dispensaries to be designated as state nonprofits and would allow 
cities to regulate or ban dispensaries at their discretion. House 
Bill 1284 is sponsored by Rep. Tom Massey, R-Poncha Springs, and 
would also impose a one-year moratorium on the opening of new medical 
marijuana centers.

The owner of Jane Medicals at the Denver-Aurora borderline is one of 
many dispensary owners that might have to adapt to the proposed 
legislation or face being run out of business in the coming weeks.

"What they're trying to do is keep businesses from actually 
flourishing in this industry," said the owner, who goes by the name 
James Hale. Hale doesn't use his real name because he's enrolled at 
the University of Denver's law school and fears that pending state 
legislation might damage his prospects of finding a job in the 
future. He opened Jane Medicals four weeks ago. "I don't understand 
the rational basis behind a lot of things they are proposing."

Another proposal, Senate Bill 109, would tighten restrictions for 
patients seeking medical marijuana and doctors approving it for them. 
Hale says he agrees with some of that bill's provisions but thinks 
legislators ultimately want to limit or ban dispensaries.

"There are people that are abusing the system but that is not a 
reason to deny all the people that really need it," said Hale, "We 
have many, many patients that have real issues like migraines, 
chronic soreness, depression, fatigue, injuries ... Just because 
people abuse the system is no reason to get rid of the system."

Dispensaries shouldn't be treated any differently than liquor stores 
or pharmacies, which are for-profit businesses, he said.

Massey says a change to a nonprofit model will not prevent dispensary 
owners from making money.

"In essence, it changes their name and sets up a little different 
model for them, but they can still operate within the parameters of a 
regulated structure," Massey said. "If (they) adhere to the 
regulatory model we put in place, they stay in business." His bill 
would also require dispensaries to grow their own marijuana or 
purchase it from another licensed medical marijuana center, as well 
as require the businesses to report and pay monthly sales taxes. 
People growing and supplying marijuana to five or fewer patients 
would be protected under the bill.

Sen. Chris Romer, D-Denver, sponsor of S.B. 109, says the Legislature 
is simply trying to find a middle ground in the medical marijuana debate.

"There are going to be people on both sides of this debate who will 
be disappointed in the bill," he said.  "We're going to figure out 
something in the middle that's going to be a set of common-sense 
rules for a new industry."

His bill would prohibit doctors from being paid by dispensaries to 
write recommendations for medical marijuana, and it would require 
doctors to assess the patient's medical history and conduct a 
thorough physical exam before recommending medical marijuana to him or her.

The bill has passed through the House Judiciary Committee and is also 
incorporated in Massey's bill.

Hale argues that some patients might not be able to afford doctor's 
visits and would therefore obtain medical marijuana illegally.

"That's a legitimate point," Sen. Romer said. "We're particularly 
worried about veterans who by definition cannot have their primary 
physician write their prescription. I'm particularly sympathetic to 
that, and I'm hoping that medical marijuana centers or clinics will 
create a policy where they'll reimburse veterans for their medical 
marijuana expenses."

But Rep. Massey says Hale's argument is invalid.

"If you have a problem with having a physical exam before you're 
given a recommendation then I would have to question your 
authenticity," he said.

Local medical marijuana advocacy groups are paying close attention to 
the language in the proposed bills, making sure that patients' rights 
are at the forefront of legislators' minds.

One of the main concerns for Brian Vicente, executive director of the 
nonprofit advocacy group Sensible Colorado, is the provision in 
Massey's bill that cities can ban dispensaries at their discretion.

"We think that just simply hurts patients," he said.

Ultimately, Vicente believes that the dispensary model will not be 
threatened because voters will not allow that.

"I think we have a good chance of protecting the dispensary model, 
that's generally the best way for sick people to access medical 
marijuana," he said. "We also feel confident that if we're forced to 
go to a vote of the people statewide, that we will win."

Polls show about 65 percent of Coloradoans support regulated 
dispensaries, he said.

Aurora Police Chief Dan Oates has advised city council members at 
committee meetings to oppose a dispensary model because he says there 
is crime associated with the proliferation of dispensaries.

Vicente says his group receives dozens of calls each year from 
patients who would like to see medical marijuana dispensaries in Aurora.

Thus far, applications for marijuana dispensary licenses have been 
denied in Aurora.

"There's a growing frustrating that city councils, like Aurora's, 
aren't looking out for the best interest of their sick citizens," he 
said. "It's our hope that we can take action at the state level to 
make sure that people in places like Aurora get protected."
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MAP posted-by: Richard Lake