Pubdate: Mon, 28 Jan 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold, The Denver Post

RULES REWRITE KEEPS IT SIMPLE

The Project May Serve As a Guide for Regulations in the Works for
Recreational Pot.

The idea was promoted as very Big Brother, but in a good
way.

When Colorado rule makers drew up regulations for the state's
medical-marijuana industry in 2010, they put in a requirement that
video-surveillance systems in stores and growing facilities be able to
connect to the Internet. The intention was that state auditors-day or
night, in their office or on the go - could sit before a computer and
remotely monitor every minute detail of a medical-marijuana business
to ensure full compliance. Someone would always be watching. Three
years later, the state has quietly acknowledged it hasn't been looking.

In a draft of new rules for medical-marijuana businesses, rule makers
have pulled the Internet-connectivity requirement for surveillance
systems.

"It is not technically or financially feasible," state Medical
Marijuana Enforcement Division spokeswoman Julie Postlethwait wrote in
an e-mail.

In fact, the entire rule book is being rewritten to make it sleeker,
more easily enforced and less ambitious. Postlethwait said experience-
plus an executive order instructing all state agencies to improve
their rules - prompted the rewrite.

"It's about figuring out more efficient ways to make it work," said
Mike Elliott, the head of the Medical Marijuana Industry Group, a
trade association.

"We can see it now," he said. "We have a much better idea of what
works and what doesn't work."

That is a message for another set of rule writers to consider as they
create regulations for the state's forthcoming recreational-marijuana
industry.

A task force is developing suggested rules for lawmakers to adopt
after the passage of Amendment 64, which legalized limited possession
and retail sales of marijuana. That task

force has divided into five subgroups to study issues related to
criminal law, social concerns, employment relationships and others.
Some of those subgroups have now divided into sub-subgroups to further
study the matter.

The entire apparatus has only about a month left to write its report.
Last week, it adopted its first recommendations - to urge the governor
and Colorado's congressional delegation to work toward resolving the
federal-law conflicts that prevent banks from working with marijuana
businesses.

In brainstorming sessions, task-force members have identified close to
100 marijuana-related issues that the group should ponder. But
task-force leaders have begun to temper expectations about how
polished or comprehensive that group's proposed rules will be.

"We don't have to cross all the T's and dot all the I's," said
task-force co-chairwoman Barbara Brohl, the head of the state Revenue
Department. "As long as we come up with fairly robust recommendations,
we believe the legislature and others will be able to take that and
dot all the I's and cross all the T's."

Elliott said that is a wise approach because, as the medical marijuana
rules show, the regulations will likely need to be reconsidered soon
after being implemented.

The state's Medical Marijuana Enforcement Division has released a
revised draft of one chunk of rules and plans to release more drafts
by Friday. There is a stakeholder forum on the revised rules scheduled
for Feb. 15 at the Jefferson County courthouse.

Postlethwait said division officials decided most of the
medical-marijuana business rules needed "amendment or clarification"
after nearly three years of enforcing them.

"The intent of this rule making process is to... improve efficiency
while still providing a solid regulatory scheme," Postlethwait wrote
in an e-mail.

The section governing video surveillance systems in the old rules
spanned nine pages and included detailed technical requirements for
security cameras - which medical-marijuana business owners said were
soon obsolete. The new proposed rules for security cameras cover four
pages. On the technical specifications for cameras, the rules refer
business owners to a guide on the division website.

"Overall, I think it's a good thing for the industry," Elliott said.
"It was in a sense over-regulation. ... They're still getting the
security they need." 
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MAP posted-by: Jo-D