Medical Marijuana Legal Seminar
HB11-1043: New Medical Marijuana Laws
A Live Phone Teleclass with Attorney Danyel Joffe
FOR MORE INFORMATION OR TO ENROLL:
Wed., May 25, 2011
– 6:00pm (Pacific Time)
– 7:00pm (Mountain Time)
– 8:00pm (Central Time)
– 9:00pm (Eastern Time)
LIVE TELECLASS: This will be a live phone teleclass. You will receive
call-in instructions with your enrollment.
HB 11-1043 (30 + pages) goes into effect on July 1. This bill made
significant changes to Colorado’s Medical Marijuana Code that all medical
marijuana providers (MMCs and IPMs) in Colorado need to be aware of. This
bill also contains a new requirement for caregivers to register themselves
and the location of their grows with the Department of Revenue. The laws go
into effect on July 1. Will your business be ready?
Danyel will give a brief overview of all the legal issues related to
operating a medical marijuana business in Colorado, with a focus on the HB
11-1043 for business owners and caregivers. Get all your questions answered
by a competent attorney and make sure you stay within the law.
Here are some of the issues in HB1043 that we will address in the
* Medical marijuana businesses that applied for a State license in a timely
fashion, but were subsequently closed down by local governments, may open
in a medical marijuana friendly locality.
* The 35-day rule will disappear July 1, when the bill becomes law. There
are some restrictions, so please read the bill carefully.
* Requires caregivers to register the location of their grows and the the
Registry ID numbers of their patients with the Department of Revenue.
* Allows the Department of Revenue to share locations of caregiver grows
with law enforcement and local governments with an address-specific
request, and exempts them from public records
* Eliminates Constitutional protection for the actions of MMC licensees.
Licensees “shall not be subject to the terms of” Article XVIII, Section 14
of the Colorado Constitution (Colorado’s Medical Marijuana Law).
* Extends the moratorium on new Medical Marijuana Center applicants in the
state for another year, until July 1, 2012.
* Restricts an MMC to sell only 6 non-flowering plants to a patient every 3
* Limits Medical Marijuana Infused Products Manufacturers to 500 plants
* Allows law enforcement to destroy plants and cannabis that they seize, in
violation of Article XVIII, Section 14 of the Colorado Constitution, which
requires law enforcement to preserve patient medicine.
* If an MMC license is revoked, that MMC’s marijuana will be immediately
considered to be a “controlled substance.” Presumably, then immediately the
owners and employees would be subject to criminal prosecution, since the
marijuana they possess would no longer be considered legal medical
* Clarifies that residency applies to owners only
* DOR may deny license for good cause
* Felony drug convictions are licensing disqualifiers
* MMC may provide samples to laboratory that has a testing license
* Procedures for license revocation
* Product may be destroyed or given to indigent patients
* If multiple centers, can grow all mmj at one cultivation site
* MMC subject to prohibitions on unfair business products – selling below
* Physician who owns a valid license only without condition or restriction
may provide medical marijuana recommendations
* Land that’s used for cultivation cannot be considered agricultural land
for tax purposes
* Medical marijuana are medical records for purpose of theft
* An established MMC may sell more than 30% to a MMC that has suffered a
catastrophic failure or to a new MMC, but only after receiving a waiver
from the MMED.
* Employees who do not own any part of the business need only be residents
of Colorado on the day they apply for an employee license (and of course
stay residents while working at the MM Business.)
* Until now, a business that owns 4 MMCs must have 4 separate and distinct
OPCs. They may now combine the 4 OPCs into one OPC, as long they strictly
follow all MMED regulations.
* Doctors who do not have restrictions that prevent them from being able to
recommend medical marijuana will be allowed to recommend medical marijuana.
What is a teleclass?
CTI’s teleclasses are live seminars that people listen to and participate
in over the telephone from anywhere in the world. After your enrollment,
you will receive a telephone number with a unique ID and password. You will
call the number at the specified time to listen to the teleclass. Questions
to the attorney will be taken by email before and during the teleclass. The
teleclass will last 50-60 minutes.
Continuing Legal Education
CLE credit from the Colorado Supreme Court Board of Continuing Legal
Education are available.
$49.00 per person
2 for $88.00
Provided as a Public Service by the:
Cannabis Therapy Institute
P.O. Box 19084, Boulder, CO 80308