Mixed Reaction to Senate's Decision to Kill Measure That Targeted Stoned Driving

Both the medical marijuana community and the Colorado Attorney General yesterday were buzzing about the legislature's decision to a kill a measure that would have set a limit for how much marijuana a person could have in their system while driving.

The Colorado Senate Monday evening surprised many people by killing House Bill 1261 on a voice vote. The bill would have allowed a person who drove with a tetrahydrocannabinols (THC) the psychoactive substance found in marijuana content of five nanograms or more in their blood to be charged with a DUI per se.

[continues 266 words]

Dear Editor:

The people of the state of Colorado voted in favor of medicinal marijuana. Now the politicians want to stop it. Who do the politicians work for?

The laws against marijuana are creating violence. A large percentage of the world population smokes marijuana and to think otherwise is ignorant. Do you want your kids to deal with criminals to buy marijuana? Because they are.

People drink alcohol and beat there wives. People smoke pot and fall asleep or become too lethargic to be upset. It is time to evolve. People smoke pot and laws aren't going to stop it.

[continues 63 words]

When will our elected state officials, governor, attorney general, district attorneys, sheriffs and police standup against the Constitution-ignoring feds and protect the citizens of their states?

In 2009, Attorney General Eric Holder's Justice Department (DOJ) issued a memo stating that it would not prosecute medical marijuana patients, suppliers or caregivers in states that have passed voter initiatives to legalize the drug's use -- so long as they were all abiding by that state's laws. Now the DOJ is sending letters to states threatening to jail anyone associated with the medical marijuana business, including state employees. This has been reported in several sources, including an article May 3, in The Gazette.

[continues 216 words]

Just a point of clarification to your May 6 editorial: You state that "Colorado voters amended the state constitution in 2000 to allow the buying, selling and use of medical marijuana."

The fact is that nothing in Amendment 20 allows for the commercial sale or purchase of marijuana. The 2000 Blue Book underlines this conspicuous fact, stating, "The proposal does not provide any legal means by which a patient may obtain marijuana. Under state criminal law, it will still be illegal to sell marijuana or marijuana plants to another individual, including a patient on the state registry." If there was any uncertainty in spite of the plain text of the Colorado Constitution - which the editorial fails to quote from - the Colorado Court of Appeals underlined the Blue Book's plain reading of Amendment 20 in an October 2009 ruling in People v. Clendenin, 232 P.3d 210 (cert denied by the Colorado Supreme Court). Dispensaries come to us courtesy of the Colorado General Assembly, not the Colorado Constitution.

[continues 145 words]

Proponents are happy that a proposed DUI law for mediclal or illicit pot smokers now has teeth in it again, but there is just too much risk that the measure could infairly bite too many.

The measure by Boulder Democrat state Rep. Claire Levy seeks to set a blood-level limit for the active ingredient in marijuana, THC, that has made it so sought after by tens of thousands of Coloradans seeking relief from pain, a way to end nausea, find an appetite or just get high. Currently, the bill is suggesting that anyone driving a car with a THC blood level of 5 nanograms per milliliter of blood be considered intoxicated and charged with driving under the influence. It's much like the system used to snag drunk drivers.

[continues 292 words]

Colorado Senate snuffs out bill that would set pot limits on drivers A proposal at the state Capitol to set a limit for how stoned is too stoned to drive died Monday night in the Senate.

In a crucial vote, lawmakers rejected a hard cap on the amount of THC - - the psychoactive chemical in marijuana - that drivers could have in their systems above which they would be presumed too high to drive. Instead, a divided Senate sided with medical-marijuana advocates, who urged more study of the proposal.

[continues 324 words]

Bait and Switch Will Hurt Colorado

A pending federal crackdown on Colorado's medical marijuana patients and wellness providers will destroy livelihoods, hurt the economy and cost Colorado Springs and El Paso County precious new tax revenues. The Obama administration is backing off its principled state's rights approach to medical marijuana, just as it has abandoned other promises of hope and change.

Colorado voters amended the state constitution in 2000 to allow the buying, selling and use of medical marijuana. Today's thriving medical marijuana trade, which has freed patients from underground drug dealers, didn't take off until Obama took office and directed Attorney General Eric Holder to announce new formal guidelines for federal prosecutors in medical marijuana states. An Oct. 19, 2009 memo by Deputy Attorney General David Ogden told United States attorneys that they "should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." (See full Ogden memo )

[continues 589 words]

DENVER - Colorado lawmakers are reducing the permitted size of medical marijuana growing operations following a federal warning that it's still a violation of federal to grow and possess marijuana.

The Senate Judiciary Committee approved a bill Monday that changes rules for how the drug can be grown and sold. Changes included the number of plants that can be grown and cutting back on laws banning industry employees from having felony records.

Last week, the top federal prosecutor in Colorado sent a letter to legislators saying pot regulations could put growers at risk of federal prosecution.

Lawmakers from both parties have said they intend to move ahead with this year's bill, which addresses who can work at dispensaries and changes other regulations. The bill was up for review before the federal warning.

[end]

In the wake of another successful 4/20 smoke-out on the University of Colorado Boulder's campus, some folks are whining about the $50,000 CU spent on law enforcement to ensure the event, which CU unwillingly hosts each year, remains safe. Think of everything that money could go toward if it weren't being wasted on police keeping an eye on a bunch potheads, they say.

Apart from traffic and crowd control, it is stupid to bring law enforcement in to watch over the smoke-out. These are pot smokers, not crackheads. The worst thing they'll do is eat the hell out of a bag of Cheetos and litter.

[continues 158 words]

DENVER - Colorado is the latest state to receive marijuana warnings from the federal government as state lawmakers mull regulating the drug.

The top federal prosecutor in Colorado sent a letter Tuesday to Colorado Gov. John Hickenlooper and some lawmakers. The letter says states shouldn't pass bills that appear to authorize the medical marijuana business because the drug is still illegal under federal law.

Other states considering marijuana legislation have faced federal questions. Earlier this month, Washington Gov. Chris Gregoire said she may veto a bill to license marijuana dispensaries after the Justice Department warned it could result in a federal crackdown.

Montana lawmakers passed an outright repeal of medical marijuana in that state after federal raids. The repeal was vetoed, but a bill limiting marijuana dispensaries awaits Democratic Gov. Brian Schweitzer.

[end]

The federal government is sending mixed messages about state-sanctioned medical marijuana with its IRS audits.

The Internal Revenue Service's audits of medical marijuana businesses in Colorado and elsewhere around the country seem to be within the agency's legal authority, but prompt a larger question for the Obama administration.

What is the federal government's over-arching policy on state-approved medical marijuana activity?

The Justice Department issued a directive in 2009 saying federal drug enforcement resources wouldn't be used to prosecute medical marijuana interests clearly acting within the frameworks established by states. That directive, partly, caused the industry to boom in Colorado.

[continues 380 words]

The U.S. attorney for Colorado warned state lawmakers Tuesday that pending legislation adjusting rules for medical marijuana would conflict with federal law and could lead to federal prosecutions.

U.S. Attorney John Walsh's letter was sent to Colorado Attorney General John Suthers in response to his request for clarification on how federal treatment of medical marijuana use may conflict with pending legislation now under consideration in House Bill 1043.

"The Department of Justice remains firmly committed to enforcing the federal law and the Controlled Substances Act in all states," Walsh wrote. "Thus, if the provisions of H.B. 1043 are enacted and become law, the Department will continue to carefully consider all appropriate civil and criminal legal remedies to prevent manufacture and distribution of marijuana and other associated violations."

[continues 620 words]

Recently I was walking downtown in our lovely Glenwood Springs with my 9-year-old granddaughter, and I had to explain to her the realities of our numerous businesses promoting marijuana usage.

We realize that marijuana is a naturally occurring plant, and that in 2000 Coloradans approved the use of marijuana for a limited number of life-threatening and painful diseases under the supervision of a doctor.

However as most things approved by voters for a specific use, as soon as it's approved the lobbyists have the right to get the legislators to morph the law in committee to conform to a liberal mindset.

[continues 101 words]

There are at least two groups that intend to put marijuana legalization initiatives on the Colorado ballot in 2012, but neither has as of yet put forward an actual proposal. Here's mine.

If it were up to me, what I'd put on the ballot would be a proposed amendment to the Colorado Constitution consisting of just three sentences:

"The use of marijuana and its possession for personal use shall not be punished. Legal residents of the state of Colorado may cultivate up to six marijuana plants for their personal use within their domiciles (with the permission of the landlord in the case of rented accommodations) or within facilities rented for the express purpose of marijuana cultivation. The Colorado Legislature may in its own good time adopt laws providing for the regulated sale of marijuana and for its production for sale and for its taxation."

[continues 705 words]

The Internal Revenue Service has opened an audit of a Denver medical-marijuana dispensary, the latest action in what one observer calls a "guerrilla campaign" by the federal government to push back against the cannabis industry.

The audit is believed to be the first of its kind in Colorado and follows audits of numerous medical-marijuana dispensaries in California and other states.

Investigators are examining whether it was unlawful for the dispensaries - which are illegal enterprises under federal law - to deduct business expenses from their federal taxes, said Jim Marty, a Denver accountant who represents the Colorado dispensary.

[continues 468 words]

BOULDER - University of Colorado officials are discussing the possibility of shutting down an annual marijuana celebration event that costs the school tens of thousands of dollars to manage.

Vice Chancellor for Administration Frank Bruno says CU pays about $50,000 annually to hire personnel from the sheriff and police departments as security for the event that draws as many as 10,000 pot-smokers to the school on April 20. CU also pays for security to check student's identification at buildings that day.

[continues 60 words]

When the results came back from the lab, Ean Seeb, an owner of the medical-marijuana dispensary Denver Relief, had every reason to be thrilled.

One of the store's most prized marijuana strains had tested at 29 percent THC - the psychoactive component of marijuana - a result that seemed to confirm the strain's formidable punch.

But, for Seeb, the number also seemed to confirm another hunch: There's something screwy with medical-marijuana potency testing in Colorado.

"We have one of the highest tests ever that was performed at one of these labs," Seeb said, "and we don't believe it."

[continues 485 words]

Now that Colorado is all grown up about how it's handling the medical marijuana issue, it's obvious it will years before the smoke clears on how to handle laws prohibiting intoxicated drivers from getting behind the wheel.

This is tough stuff. Who knew when Colorado voters signed onto making the state one of the first to allow for the medicinal use of marijuana that it would come to House Bill 1261?

That measure by Boulder Democrat state Rep. Claire Levy seeks to set a blood-level limit for the active ingredient in marijuana, THC, that has made it so sought after by tens of thousands of Coloradans seeking relief from pain, a way to end nausea, find an appetite or just get high. Currently, the bill is suggesting that anyone driving a car with a THC blood level of 5 nanograms per milliliter of blood be considered intoxicated and charged with driving under the influence. It's much like the system used to snag drunk drivers.

[continues 250 words]

Federal Ban on Marijuana Clouds Business Deductions.

BOULDER -- Tax time places the owners of medical marijuana businesses in a bit of a bind.

The product they sell remains illegal at the federal level, and a section in the tax code prohibits any deductions or credits for business expenses if the business "consists of trafficking in controlled substances."

But if they file without deducting any of their business expenses, they are faced with enormous tax liabilities as their business looks like pure profit.

[continues 668 words]

Feds in Colorado Explain Why They're Not Turning Up Heat on Dispensaries

Despite federal efforts in other states to crack down on dispensaries, feds in Colorado say they haven't changed their tune on how they deal with medical marijuana and have no plans to do so.

They say they are focused on large-scale, illegal distribution and sales operations, not the individual patient or the dealer on the street corner.

While dispensaries seem to be a bit of a gray area, it seems that if federal officials in this state stick to 2009 guidelines set by the U.S. attorney general's office, Colorado dispensaries that keep their noses clean should not attract the attention of federal prosecutors and drug enforcement officers.

[continues 1706 words]