Law Colorado

[Baron23]

Colorado lawmakers again say no to cannabis clubs

Colorado legislators this week doused the latest attempt to establish licensed cannabis consumption clubs in the state, but another social-use bid remains alive.

A bill to establish a marijuana consumption club license and accompanying regulations for adult-use cannabis spaces failed on a vote of 6-1 in the Senate Committee on Business, Labor & Technology on Monday. Separately, a bill to allow for marijuana “tasting rooms” on licensed establishments will head to the House Appropriations Committee on Friday after clearing its first committee hurdle in mid-March.

The death of Senate Bill 211, “Marijuana Consumption Club License,” marks another failed legislative effort to develop a regulated regime for cannabis social use spaces in Colorado. Last year, at the behest of Gov. John Hickenlooper, a legislative bid for cannabis clubs was scrapped.

Backers of this latest effort say social use spaces will be an inevitable aspect of Colorado’s evolving legal marijuana regime and state law should adapt sooner rather than later.

Las Vegas: no marijuana lounges until 2019, monitoring Denver social use licenses

• Nation’s first social marijuana use license approved by Denver regulators

• City of Denver attorney recommends licensing of first legal marijuana club

• Proposal for Denver’s first marijuana club takes early steps

• First marijuana spa in U.S. applies to operate in historic Denver mansion

Under current regulations, cannabis consumption is prohibited in public spaces and places of business. Colorado is home to several unlicensed cannabis clubs. Denver officials are implementing a voter-approved initiative for licensed cannabis social use establishments.

“This is opening the door to begin the conversation to starting clubs,” bill sponsor Vicki Marble, R-Fort Collins, said Monday as she addressed the committee.

It didn’t take long for the door to close.

The bill entered Monday’s hearing “substantially changed” from how it was initially written, Marble said. The amended bill indicated that the licenses would not apply to where retail marijuana is banned, it stripped out licenses for medical marijuana clubs and deleted references that would have exempted clubs from the Colorado Clean Indoor Air Act, if ventilated.

Patrons of the licensed club would be able to buy up to the maximum amount allowed under a single transaction, purchase light snacks and store their purchased marijuana on-site.

However, the bill met staunch opposition from state marijuana regulators and members of the law enforcement and medical communities.

Senate Bill 211 “poses significant enforcement challenges and health and safety risks,” said Jim Burack, director of Colorado’s Marijuana Enforcement Division.

Among the red flags raised by Burack and opponents, including Colorado State Patrol Maj. Steve Garcia: The post-sale marijuana stored on site would be no longer subject to inventory tracking and could be at risk for spoiling or gathering mold; the clubs could increase the likelihood of drugged driving; and unlicensed and unregulated clubs could continue to operate under these new regulations pending license approval.

Marble prodded Burack on MED’s opposition to Senate Bill 211, noting the enforcement agency took a neutral position on House Bill 1258, which would allow for cannabis “tasting rooms” for existing establishments.

“In some part of our time, we have to allow marijuana clubs to exist,” she said.

MED has been active in discussions for both bills, Burack said, noting that the consumption club licenses would open up a slew of regulatory issues while House Bill 1258 represents an “incremental approach” for social use. MED is neutral on House Bill 1258, “Marijuana Accessory Consumption Establishments.”

House Bill 1258, which passed the House Committee on Finance in mid-March, is scheduled for a hearing Friday in House Appropriations

 

[Baron23]

#*&$% Denver Post pay wall. Here is the link if interested.

P.S. - found the text in the clear on another site, enjoy.


Sweet Leaf Marijuana Centers should be stripped of licenses after illegal sales scheme, hearing officer rules
Chain of shops made as much as $6.7 million on illegal medical pot transactions

The Sweet Leaf dispensary chain, shut down in December after a police sting, was a criminal enterprise that pocketed millions from an illicit “looping” scheme that allowed customers to purchase the maximum amount of marijuana multiple times in a day, a municipal hearing officer ruled.

As a result, Sweet Leaf Marijuana Centers should be stripped of its 26 retail, cultivation and manufacturing licenses, according to recommendations released Monday by Denver hearing officer Suzanne Fasing.
“Sweet Leaf’s scheme at the very least permitted the unlawful possession by its customers and its scheme was not the action of a ‘reasonable licensee,'” she wrote. “Not only did Sweet Leaf fail to take action to stop the illegal purchases, but it actively aided and abetted the illegal purchases through its looping scheme.”
Ashley Kilroy, the city’s director of marijuana policy will have the final say on Sweet Leaf’s fate, following a 10-day period for objections and a five-day period for a response. Kilroy’s determination could come in the next few weeks.

Officials for the city of Denver and Sweet Leaf could not be immediately reached for comment.
Sweet Leaf’s licenses were suspended on Dec. 14, when police raided eight Sweet Leaf facilities in Denver and Aurora following a year-long undercover investigation into illegal marijuana sales. More than a dozen arrests of budtenders and customers have been made in connection with the case.

The investigation zeroed in on alleged incidences of “looping,” in which Sweet Leaf budtenders would make repeated sales of up to 1 ounce of recreational marijuana — the maximum allowed for individual possession under Colorado law — to the same customer multiple times in a day.
Looping accounted for at least $6.7 million of medical marijuana sales in the 18-month period that ended when the stores were shut down, and at least $1.5 million in recreational marijuana sales, according to the hearing officer’s report.

At least half of the loopers had out-of-state IDs, Fasing wrote. She found that people from Arkansas, Nebraska, New Mexico and Texas purchased large amounts of marijuana to resell illegally in their home states. Some of those customers were convicted of criminal charges after being arrested with multiple pounds of Sweet Leaf marijuana in their possession.

Fasing heard testimony in Sweet Leaf’s case over several days in March and April. A central issue raised then was what constituted a “transaction.”

Colorado’s marijuana rules were amended on Jan. 1 to define a single transaction as including “multiple transfers to the same consumer during the same business day where the retail marijuana store employee knows or reasonably should know that such transfer would result in that consumer possessing more than 1 ounce of marijuana.”

Sweet Leaf’s attorneys argued that Colorado marijuana rules in place prior to Jan. 1 did not explicitly prohibit the sale of more than 1 ounce of recreational marijuana per day but rather it barred any single sale of more than 1 ounce of recreational pot. Multiple transactions to the same person would not have been in violation of state law, they said.

Fasing disagreed, citing a Marijuana Enforcement Division public notice that outlined how “sales that are structured as multiple, stand-alone transactions may be viewed … as an attempt to evade quantity limitations on the sale” of recreational marijuana.

Sweet Leaf’s owners Matthew Aiken, Christian Johnson and Anthony Sauro encouraged and directed the practice of looping, including training new employees to allow looping for retail customers if the customer left the premise after each purchase, she wrote.

Evidence cited by Fasing included messages from management on Sweet Leaf’s Slack channel promoting multiple sales to the same customer: “Looping is going to be going on until the new year most likely,” they wrote. “Please talk it up with (extended plant-count) patients. We need med sales up!”

“The evidence is clear in this case that respondents implemented a looping scheme that was intended to evade quantity limitations on the sale of retail marijuana,” she said.

 

[Baron23]

Colorado: Cannabis bills get mixed reception from Legislature


Colorado residents still can’t legally smoke weed in public after the state Legislature adjourned this month, but they will soon have some other options for consumption besides their own homes.

While legislation to allow for social cannabis clubs (Senate Bill 211) failed, House Bill 1258, “Marijuana Accessory Consumption Establishments,” has been sent to Gov. John Hickenlooper for his signature. “It’s been a long journey,” Rep. Jonathan Singer, D-Longmont, the bill’s primary sponsor, said of his efforts to address public consumption, a problem he’s been trying to resolve for over five years.

Now finishing his third term, Singer has provided leadership on both medical and recreational cannabis regulation since he was appointed in early 2012 to fill a vacancy. “The Legislature has set up an almost impossible situation in Colorado, especially for out-of-state folks,” Singer says.

The crux of the problem is that marijuana is legal, he explains, but there are no legal places to consume it outside of one’s private home. Tourists, apartment renters, public housing tenants, homeless folks, and parents with young children at home are all affected by the lack of legal consumption options.

HB1258 allows marijuana shops to set up separate “tasting rooms” where marijuana can be bought and nonsmoking consumption can take place. “It’s modeled after the tasting rooms found in wineries and breweries, which has worked well for the alcohol industry,” Singer says. “It’s a great way to keep it off the streets.”

Over 30 marijuana and hemp bills were introduced in the Legislature this session, and some made it past both the Democratic-controlled House and the Republican-controlled Senate, like a bill that allows for recycling of plants into fibrous products. Others were shot down, like a bill to mark buds in a way that tracks their origins.

Of the marijuana bills that did make it through the Legislature, many might best be described as “housekeeping,” making needed administrative changes that don’t significantly affect the state’s marijuana program.

For instance, in the 2017 session the Legislature inadvertently excluded some special districts from receiving marijuana tax money. Legislators squabbled and were unable to fix this during an ill-fated special session but corrected the problem moving forward with Senate Bill 88 this session, which was signed into law.

Here’s a look at some of the other key bills and their fate:

• House Bill 1092, “Marijuana Delivery Pilot Project” — Aimed largely at disabled medical marijuana patients, this bill was the Legislature’s second attempt to allow limited deliveries of marijuana. The bill made it all the way through the House, only to be defeated in the Senate Judiciary Committee, when Sen. Rhonda Fields, D-Aurora, joined Sen. Bob Gardner, R-Colorado Springs, and Sen. John Cooke, R-Greeley, to kill it before consideration by the full Senate. They argued it created too many headaches for law enforcement.
• Senate Bill 211, “Marijuana Consumption Club License” — This aforementioned bill was similar to Singer’s consumption measure that did pass, but broader. It would have provided social spaces for cannabis users to congregate, consume cannabis, and be involved in other activities, like games and art classes. Consumption clubs, like Studio A64 in downtown Colorado Springs, already exist but currently occupy a gray area of the law, at best. The bill would have allowed such private social clubs, which are similar to those that serve alcohol, like the VFW Hall and Elks Club. Jason Warf, the executive director of the Southern Colorado Cannabis Council, has been working on cannabis club legislation for four years. SB211 “failed miserably,” he said, describing the process as “similar to whack-a-mole,” where as soon as objections were addressed, new ones popped up. Warf’s version of the bill would have given a legal pathway to existing cannabis clubs now operating in the gray and black markets, and allowed the clubs to sell cannabis to consume on the premises. Sen. Vicki Marble, R-Fort Collins, has already committed to introduce the bill again next session. “She’s a champion for cannabis,” says Warf.
• House Bill 1263, “Medical Marijuana Use for Autism and Acute Pain” — Last year the Legislature took a new approach when they passed a state law that added PTSD to the conditions that permit residents to qualify for medical marijuana cards. This year they did the same with autism spectrum disorder. Although the original bill also included acute pain, that was struck during the legislative process. Rep. Singer, who sponsored the PTSD bill in 2017, observes that the autism bill “practically sailed through” with a comfortable majority. Warf, who also worked on the bill, credits a dedicated grassroots group of MAMMAs, or Mothers Advocating Medical Marijuana for Autism, who lobbied doggedly for its passage. HB1263 has been sent to the governor for his signature.
• House Bill 1286, “School Nurse Give Medical Marijuana at School” — In another victory for parents of children using medical marijuana, this bill expands the options for receiving it at school. Parents or caretakers can bring the child’s marijuana (non-smokable forms) to the school, and “a school nurse or the school nurse’s designee, who may or may not be an employee of the school, or school personnel designated by a parent” are authorized to dispense it, similar to how they do with other medications. HB1286 has also been sent to Gov. Hickenlooper.
• House Bill 1187, “Food and Drug Administration Cannabidiol Drug Use” — As difficult as it is to muster support for important cannabis laws, just get a pharmaceutical company involved and legislators of both parties jump on board. That is what happened with this bill that sped through both chambers with near-unanimous support and is now awaiting the governor’s signature. Greenwich Biosciences, the U.S. subsidiary of London-based GW Pharmaceuticals, got busy lobbying in anticipation of approval by the FDA to market its new CBD medication Epidiolex. The drug will only be available by prescription, yet Colorado pharmacies were prohibited from dispensing cannabis products. That was fixed very quickly in the Legislature, though not before the state’s hemp industry was able to insert some protections for their non-pharmaceutical CBD products.

While the state Legislature certainly had a productive session when it comes to cannabis legislation, most of the bills they passed haven’t become law just yet — the governor must sign them, veto them, or allow them to become law without his signature. That can lead to a little nervousness among the backers of key bills. Singer, for instance, says that while he has no reason to think Hickenlooper won’t sign his public consumption bill, he’s taking it “one step at a time.”

 

[Baron23]

Looping case charges dismissed for seven Sweet Leaf budtenders

Charges against seven of the fifteen budtenders arrested for alleged illegal marijuana sales at Sweet Leaf dispensaries have been dismissed, according to the Denver District Attorney's Office and Denver County Court documents.

Christopher Arneson, Andrea Cutrer, Cassidy Thomas, Joseph Gerlick, Ian Matthew Ferguson, Timothy Macrorie and Devin Wagiand, all of whom were facing misdemeanor charges of marijuana distribution or possession, each saw their charges dismissed recently.

Arneson, who now works for Westword, must complete 150 hours of community service, but charges against the other six were dropped completely. The only other former Sweet Leaf employees facing misdemeanor charges, Abel Alvarado and Jacob Knaust, still have open cases, with Alvarado yet to set a plea and Knaust set to go to trial in August.

Six more former budtenders still face felony charges.

It's been tumultuous times for Sweet Leaf and its present and former employees since December, when eight of its stores were raided by the Denver Police Department and various enforcement agencies after a yearlong investigation into one of Colorado's largest dispensary chains. The probe focused on alleged looping, or selling unlawful amounts of marijuana to customers.

Under the language of Amendment 64 at the time of the sales in 2016 and 2017, a customer was only allowed to buy one ounce of marijuana per transaction (two ounces for medical patients). But a statement by the state Marijuana Enforcement Division in May 2017 informed marijuana licensees that selling more than one ounce to same customer per day was illegal, and that was reiterated to Sweet Leaf in an MED email in August 2017, according to Denver City Attorney Susan Cho.

The six former Sweet Leaf budtenders arrested in connection with the raids who still face felony charges were initially charged with illegal marijuana distribution. Those charges were dropped within a few months of the arrests, but then the budtenders were quickly recharged with felony possession with intent to manufacture and distribute marijuana and possession of marijuana. "Even though some of the budtender cases have been dismissed, this is very much a wide-open and ongoing criminal investigation concerning Sweet Leaf, and we are not going to comment on actions being taken with respect to any of the cases at this time," says DA communications director Ken Lane.

The two budtenders still facing misdemeanor charges declined to comment or could not be reached. Jennifer Gersch, the attorney representing Gerlick, won't comment on the specifics of his case, but says she believes many of the arrested employees were guilty of nothing more than ignorantly doing what they were told.

"A lot of what is not necessarily clear in [Amendment 64] is a bit clarified in the MED rules and regulations, but when these cases were going on, there was a lot of confusion," she explains. "I think what's happening here is these people working in the marijuana fields were kind of unclear, either thanks to their bosses or supervisors. Maybe they didn't tell [their employees], or they didn't really know."

The company itself has remained silent about the status of its former employees, and didn't respond to requests for comment on their cases. No Sweet Leaf owners or management have been arrested in connection with the investigation, according to the DA. "The DA at the time, they're looking into the law, and they're looking into the front runners of this," Gersch adds. "The budtenders were the first to have real interactions with the customers, and they have the most interactions. They're the easiest people, I think, to prove a case on if the DA wants to prove something."

All 26 of Sweet Leaf's dispensary, cultivation and infused-product licenses in the City of Denver are currently suspended by the Denver Department of Excise and Licenses. A disciplinary hearing to help decide the company's fate in the city concluded in April, with city hearing officer Suzanne Fasing recommending that Excises and Licenses director Ashley Kilroy permanently revoke every license. Kilroy is expected to make a decision before July.

Sweet Leaf's dispensaries in Aurora, Federal Heights and Portland, Oregon, are still open, with another opening in Thornton in April.

 

[Baron23]

Why Colorado's black market for marijuana is booming 4 years after legalization

Marijuana grown in Colorado, the land of legal weed, is being smuggled out to states where it is still illegal.

When recreational marijuana went on sale in Colorado in 2014, the government's goal was to regulate and tax a drug that was already widely used and to squeeze out dealers and traffickers in the process.

But law enforcement authorities in the state say legalization has done the exact opposite.

Even though there are more than 500 recreational marijuana dispensaries in the state, the black market is booming. It's being driven by criminal organizations that grow weed in Colorado and smuggle their crop into states where it is still illegal and can be sold for a much greater profit.

The black market hasn't gone away within the state, either, because some marijuana users are deterred by the higher dispensary prices and are loyal to their long-time dealers.

Investigators say the illegal trade has flourished because the state laws around growing marijuana were overly generous in the beginning and hard to enforce.

As Canada prepares for legalization, CBC News spoke to insiders to get their perspective on why the black market is thriving in place where pot is legal.

When Gabrielle Cileli and her friends arrived in Denver from Michigan, one of their first stops was a recreational dispensary where they picked up a half-ounce of cannabis. But not everyone in the state has easy access to a dispensary, and many still rely on black market dealers.

The DEA

Investigators with the federal Drug Enforcement Administration (DEA) focus on the largest and most serious drug trafficking rings operating in the United States.

Paul Roach, a DEA supervisor, says his team spends about 15 per cent of its time on marijuana trafficking cases — a threefold increase from before legalization.

"Colorado has basically become the marijuana capital of the United States," he said.

"You find drug trafficking organizations moving here, setting up shop in Colorado and sending it back to their home states where they can sell it at incredible profit."

DEA agents document Operation Golden Gopher, in which they raided several Denver warehouses they say housed marijuana intended to be smuggled out of state:

This video shows a small portion of large grow operation that DEA agents raided in the Denver area. Marijuana was being grown in 13 warehouses and while the operators insisted it was for medical patients in the state, investigators say it was being smuggled out of Colorado.

Colorado's high-altitude weed is being trafficked to dozens of states, but some of its largest recipients are Florida, Illinois and Texas, according to a report by the Rocky Mountain High Intensity Drug Traffic Area. It works to support the national drug control strategy while co-ordinating investigations between different authorities.

When DEA agents raided this home in April, they found marijuana grow lights, dodgy electrical wiring, and mildew and mould. They say the people who were living here had hastily packed up.

Criminal organizations, including groups tied to Mexican and Cuban drug cartels, are growing marijuana in rental homes, warehouses and even on forested federal land.

In some cases, they are operating in plain sight and are disguised as legitimate operations.

"The cartels and drug trafficking organizations, in general, will go where they will make money," Roach said.

"If they see an opportunity in Canada to increase their profits by exploiting Canada's laws, then I expect them to do that."

The local sheriff

Jason Mikesell is sheriff of Teller County, Colo., a rural community nestled against the Rocky Mountains.

This picturesque county of 24,000 is favoured by young families and retirees, but Mikesell says criminal organizations are also moving in to smuggle pot out.

"Never would we have thought that we would have this issue going on in our community," he said.

Jason Mikesell, who will soon be up for re-election as Teller County sheriff, says the issue of illegal marijuana is a major concern for his rural community.

While he believes most of the illegal marijuana grown in Teller County is destined for out of state, he also says there is a local black market.

Last fall, Mikesell wanted to sell an SUV, so he listed it on Cragislist. A prospective buyer offered to trade for nearly two kilograms of pot.

Mikesell set up the trade, and when the buyers arrived, they were arrested and charged with illegal distribution of marijuana. One of them was convicted and recently sentenced to four years in prison.

Bucolic Teller County has seen an uptick in illegal activity related to marijuana following legalization of the drug in Colorado in 2014.

Mikesell says Colorado was the test subject for legal weed in the U.S., and the state regulations that made enforcement difficult because people were allowed to grow so much of their own marijuana.

In the beginning, each person could grow up to six plants, and they could pool them together in a co-op.

Medical patients could grow up to 99 plants and appoint a caregiver to grow it for them.

More restrictive laws were introduced earlier this year, limiting each residence to a maximum of 12 plants, so the sheriff's office has been able to ramp up enforcement.

The sheriff's team has raided eight houses so far this year and has seized more than $3.5 million US of marijuana. During those investigations, they arrested more than 20 cartel members with connections to Cuba and Miami.

Authorities in Teller County say there need to be even tighter restrictions on personal grow limits for marijuana because Illegal operators are pushing past what's allowed. (Teller County Sheriff)

Mikesell says his team has been tipped off about some the grow operations because people have called in complaining about strong odours in their neighbourhood.

"We know there are another 60 or 70 marijuana houses we haven't got to yet," said Mikesell.

Other local police departments in Colorado are getting similar calls from residents who also report excessive noise from air conditioning units and blown electrical transformers, according to the DEA.

The drug dealer

A dealer who agreed to speak with CBC News on condition that he not be named said he spends most of his days in the front seat of his sedan driving around Denver. An air freshener dangles from the mirror of his vehicle, but it can't disguise the lingering smell of weed.

On his lap, he holds a plastic bag containing marijuana buds.

"In a good day … I am making $400 to $500," he said.

The father of two advertises online along with dozens of others who grow and sell marijuana illegally.

He runs a delivery service and sells marijuana that he's picked up from a network of growers who have "extra" product, and he also grows his own. He compares himself to a pizza delivery man because, he says, he guarantees delivery to anywhere in Denver in less than an hour.

A dealer in Denver shows off his supply:

He says legalization hasn't had a big impact on his business because he caters to clients who don't want to be seen going into a dispensary.

"I have had nurses that have contacted me via the internet and have a delivery brought to their home or their office or wherever they feel comfortable," he said.

His clientele also includes a number of truck drivers, who are prohibited from using marijuana under federal transportation laws.

Dozens of ads listing cannabis for sale in bulk quantity can be viewed on sites like Denver Craigslist.

While the dealer's operation helps him provide for his family, it isn't his full-time job. He says he has a couple of more "respectable" side projects that keep him busy, but he says one of his goals is to make marijuana more accessible.

He does worry about being caught by the police but admits there are other risks to operating in the black market.

"I have had people sit right there ... with a gun to my head," he said, pointing to the front passenger seat.

"It's a definite risk."

The advocate

Whenever Larisa Bolivar, 42, wants to pick up some marijuana, she heads to one of her preferred Denver dispensaries where she can buy cannabis to smoke and edibles to eat.

As president of Colorado's Cannabis Consumers Coalition, she is both a longtime user and an advocate. For the past two years, she has conducted online surveys by polling marijuana users about just where they get their pot from. She reached out through the coalition's Facebook page, which has 17,000 members, and contacted people directly after obtaining customer lists from cannabis-related companies.

Larisa Bolivar, president of the Cannabis Consumers Coalition, conducted a series of online surveys asking people to disclose where they purchase their marijuana. The surveys found around 50 per cent of respondents are not getting their marijuana at dispensaries.

She had 527 people respond to her 2017 survey, and while she is still tallying the results for this year, she says the findings are consistent.

"There is still a larger percentage of people buying from the black market [than legally]," she said.

The results of Bolivar's Facebook survey suggested nearly 50 per cent of the respondents were not shopping at the state's licensed dispensaries. Bolivar says most are buying their pot off of friends or sticking to their regular dealers because they trust them.

In Colorado, you have to be 21 to buy from a dispensary, and you have show identification. Bolivar says accessibility is also an issue: not all communities have retail stores.

Colorado, which has a population of around 5.6 million, has more than 500 recreational marijuana dispensaries.

Taxes and fees on marijuana have brought in more than $250 million US to the state last year. Bolivar says those additional costs are the biggest driver toward the local black market.

"I really think a lot of it has to do with price," Bolivar says.

The tax rates vary by municipality. In Denver, for example, people buying recreational marijuana pay a tax of 23.15 per cent.

"If I can save $5 on a purchase, that is a cheap lunch," Bolivar said.

 

[Baron23]

So, why pay for a Dr cert when you can just buy rec legal??


Recreational booming, medical slowing in latest Colorado cannabis stats

The number of licensed recreational marijuana establishments in the state has nearly doubled over the past three years, leaping from 833 in December 2014 to 1,520 in December 2017.

A just-released report by the Marijuana Enforcement Division also found that this boom in the lucrative recreational sector has been accompanied by a slowing in the medical marijuana industry. Though total medical licenses increased modestly over the same period (1,416 to 1,531), 2017’s figures on new business licenses suggest that the overall cannabis industry is increasingly shifting focus to the recreational side of things. Of the 376 new business licenses issued in 2017, 77 percent were within the recreational sector — or “adult use” segment, as the Marijuana Enforcement Division recently labeled it, perhaps in an attempt to emphasize that marijuana is not for minors. The numbers continue a trend: In 2016, retail business licenses increased by 22 percent, while medical licenses grew by only 7 percent.

The division also reported a rise in “the percentage of non-qualified sales checks,” to insure that businesses comply with age limits and turning back minors. In 2016, businesses passed this check at a rate of 94 percent. In 2017, that rose to 95.1 percent. In its release of the 2017 numbers, MED director Jim Burack noted that though “we’re pleased that the percentage of licensees passing underage compliance checks increased from 2016, that number still isn’t good enough.”

While MMJ licenses are still growing, certain segments are dropping. Medical sales of edibles sank by 14 percent in 2017, while their rate of recreational purchase rose by 29 percent. Recreational sales of concentrates powerfully outpaced their medical counterparts, with 477 percent more units sold.

Denver is the indisputable epicenter of the state's cannabis industry. In pounds of usable marijuana per county, for instance, Denver accounts for 590,790 of the state total of 999,022. The same can be seen in harvested plant figures, with 1,552,598 of the state’s 2,500,592 plants falling within the boundaries of Denver County.

Pueblo County comes in second — though not a close second — with 125,970 pounds of usable marijuana in 2017. According to the report, Pueblo County (described as “known to have many outdoor cultivations”) experienced a 154 percent growth in cultivated plants between January and August 2017.

And all of this growth is happening while the majority of local jurisdictions, including huge swaths of the state, still ban marijuana sales.

 

[Baron23]

Yes, while good ole' boys are getting hammered in roadhouses and hitting the trail in their Ram trucks. There is just no logical consistency in our policies in this country anymore. Hard to tell what compass we are using to helm by.

@momofthegoons - can we please change the title of this thread to simply Colorado and delete the Medical part. Its a rather catch all thread for CO stuff. Thanks



Hickenlooper vetoes first-in-the-nation bill that would have allowed marijuana “tasting rooms” in Colorado
House Bill 1258 would have allowed adults at current recreational marijuana retailers to consume small amounts of pot through edibles or by vaping.


Colorado Gov. John Hickenlooper on Monday vetoed a bill that would have allowed licensed marijuana “tasting rooms” in Colorado — in what would have been a first-in-the-nation endeavor — citing health and safety concerns.

House Bill 1258 would have allowed adults at current recreational marijuana retailers to consume small amounts of pot through edibles or by vaping.

“We are concerned that marijuana use at consumption establishments could result in additional impaired or intoxicated drivers on our roadways,” Hickenlooper, a term-limited Democrat, wrote in a letter announcing the veto. “… This bill also poses public health risks. Allowing vaporization of marijuana in confined spaced poses a significant health risk for employees and patrons of consumption establishments.”


FRAKING PAY WALL

 

[Baron23]

"Sweet Leaf held 26 medical and recreational marijuana business licenses in Denver that covered seven dispensaries, several cultivations and infused-product manufacturing centers."
​

And its all gone now....price of greed, IMO.

Sweet Leaf officially ceases to exist in Denver

Denver wiped itself clean of Sweet Leaf marijuana stores today, July 5, after Denver's Department of Excise and Licenses executive director Ashley Kilroy revoked all of the dispensary chain's business licenses within city limits. The decision was somewhat expected, as city hearing officer Suzanne Fasing recommended the same move in April after a five-day hearing over the fate of the company's licenses.

Sweet Leaf held 26 medical and recreational marijuana business licenses in Denver that covered seven dispensaries, several cultivations and infused-product manufacturing centers. The company was one of the state's largest dispensary chains until eight of its stores in Denver and Aurora were raided by the Denver Police Department and various enforcement agencies in December 2017 after a year-long investigation into alleged looping, or selling unlawful amounts of marijuana to customers. Eighteen budtenders were arrested in connection with the investigation, although none of the company's owners or management have been charged.

Under the language of Amendment 64 at the time of the sales in 2016 and 2017, a customer was only allowed to buy one ounce of marijuana at a time (two ounces for medical patients). The company and its legal representatives argued that the limit applied per transaction and not per day, but a statement by the state Marijuana Enforcement Division in May 2017 informed marijuana licensees that selling more than one ounce to a customer on the same day was illegal, and that was reiterated to Sweet Leaf in an MED email in August 2017, according to Denver city attorneys. Like Fasing, Kilroy felt Sweet Leaf was undermining the regulatory framework.

A sign at Sweet Leaf's Walnut Street dispensary announces the store's license suspension. on Thursday, December 14.

“Enforcing rules when violations occur is an essential part of Denver’s successful regulation of one of the largest legalized marijuana markets in the world. After reviewing the overwhelming evidence, it’s clear the Hearing Officer made the correct decision in recommending the revocation of these licenses," Kilroy says in a statement. "Sweet Leaf’s illegal actions undermine the entire regulatory framework created by Amendment 64, the General Assembly and Denver City Council. This decision supports the will of the voters for a regulated legal marijuana market, safeguards the legal marijuana industry, and protects the safety and welfare of the public.”

During disciplinary hearings in April and March, city attorneys presented hours of video footage that included employee interviews and undercover purchases from Sweet Leaf stores by DPD officers. Evidence presented indicated that ownership and management encouraged employees to make multiple sales to the same customers under the belief that it was technically legal before January 1.

Customers arrested by the DPD subsequently reported purchasing numerous pounds of marijuana in a day during police interviews. According to MED figures cited by city attorney Emela Jankovic during the hearing, there were over 1,000 instances of medical marijuana looping totaling nearly $4 million at one Sweet Leaf dispensary during a stretch from 2016 to 2017, and one company district manager believed loopers accounted for 30 to 50 percent of overall sales for the company.

Sweet Leaf and its legal representatives did not respond to requests for comment. To appeal Kilroy's decision, the company would have to take its case to Denver District Court.

Although the company itself is having hard luck in Denver, the majority of the arrested budtenders have had their charges dropped. There are still three dispensaries open under the Sweet Leaf brand in Colorado, with its Aurora and Federal Heights locations reopening shortly after the December raids, and a new store opening in Thornton in April.

 

[Baron23]

experts have told Contact7 that current science can't determine if Adam was impaired or intoxicated at the time of his death.​

We all know this but the bureaucracy that administers Workman's Comp in CO apparently does not.

This is a travesty and once again its impact is on those least able to absorb this type of financial punishment.

Loveland ski worker's widow penalized for man's legal marijuana use

DENVER — A Colorado family is currently being denied half of its workers' compensation benefits because marijuana was found in the system of Adam Lee after he died on the job at the Loveland Ski Area, the Contact7 Investigative team has learned.

Erika Lee’s husband was crushed to death underneath a ski escalator in December of 2017.

"I'm scared, and I have no idea how we are going to make it,” the widow said during an exclusive interview. "We don't know if we will get any money, so I'm just looking now at how to survive.”

Toxicology tests after his death determined he had high levels of THC in his system at the time of his death.

Adam worked as an electrician at Loveland and died while trying to fix an apparent malfunction with the Magic Carpet ski escalator.

Erika described the incident.

“He got caught on the Magic Carpet, and when the Magic Carpet stopped, they just started it again and again and again — seven times total," Erika said.

The pain of her losing her husband became magnified months later when she learned the state intended to cut her workers' comp death benefit because of the presence of marijuana in her husband’s system at the time of his death.

“I am frustrated with the system that is saying because he smoked a legal substance, we are going to take away your benefits from you and your kids,” she said.

Adam's toxicology report

The toxicology report done shortly after Adam's death showed the ski area worker had high levels of marijuana in his system.

Testing can detect marijuana in a person’s system several days and even weeks after it was used. But experts have told Contact7 that current science can't determine if Adam was impaired or intoxicated at the time of his death.

“This is heartbreaking, and I think this should be a message to marijuana consumers in Colorado,” said Brian Vicente, a Colorado attorney who played a major role in the campaign to legalize marijuana in the state back in 2012.

"We voters spoke loudly and said marijuana should not be illegal for adults. Yet we still have some parts of the Colorado revised statutes that appear to penalize people who are using this substance,” he said.

Colorado law allows state workers' comp companies to cut benefits by 50-percent if tests return positive for marijuana or any other controlled substance.

“As it stands now, with a positive test result, an employer has the right to reduce those benefits," said John Sandberg, an administrative law judge with Colorado’s Department of Labor.

Contact7 Chief Investigative Reporter Tony Kovaleski asked Sandberg: “Following the law right now appears to be a disconnect between another state law that legalized marijuana in our state?

“You could look at it that way," Sandberg said. "The issue that you're raising Tony I think is a good social issue. It's one that probably needs to be brought to the general assembly in terms of how this impacts workers.”

The state of Colorado currently has no way of tracking how many other families have been impacted by the legal disconnect that now stands to cost Erika Lee and her children about $800 per month in denied workers' comp benefits.

Kovaleski also asked Adam Lee’s widow: “How many pot smokers in the state do you think realize they are putting their families at risk?”

"I imagine none of them do!” she replied.

Erika plans to appeal the decision by Pinnacol, a quasi-state workers' compensation agency, to cut her benefits. A hearing is now scheduled before an administrative law judge in the coming months.

 

[Baron23]

Her focus is on people exceeding home grow limits? Really? And that's where she thinks the thousands of pounds of diverted MJ is coming from?



New Colorado Director of Marijuana Coordination talks her priorities for the industry


Colorado has a new Director of Marijuana Coordination, she's been on the job for just about a week now and KRDO NewsChannel 13 is the first local station to hear from her about her plans.

Dominique Mendiola said her priorities for her time as Director of Marijuana Coordination for Colorado are two-fold.

Her first, addressing the marijuana black market. Mendiola specifically mentioned illegal home grows, hoping to offer even more help over and above the new plant count limit that went into effect Jan. 1, 2018.

"We do see an opportunity to continue to work with local law enforcement, understand what additional challenges that they're facing and identify ways to work with local law enforcement and equip them," Mendiola said.

Mendiola also wanting to work on data collection, to understand the impacts of legal marijuana on crime, health, safety and more.

"There is always a need to continue to expand on this data collection to allow us to understand what the impacts are - in particularly be able to understand what the negative consequences are so we can allocate resources to mitigate those consequences," Mendiola said.

For the director, data collection is crucial in the quickly expanding Colorado cannabis market, such as just what people are using.

"Where are we seeing any impacts in consumption," Mendiola said.

Marijuana tax revenue has been growing every year since legalization, the first six months of 2018 generated more than half of all of 2017's revenue.

But Mendiola said other states could affect that growth.

"We also are seeing other states coming online and legalizing marijuana so that may also have an impact on Colorado and what we're seeing revenue wise here," Mendiola said.

 

[Baron23]

State of Colorado “mandatory pesticide testing” does little to address exposure to toxic chemicals in cannabis products

Denver—August 1, 2018—Today the State of Colorado implemented “mandatory pesticide testing” for the first time. Many consumers may be surprised to learn that a highly taxed industry functioning within significant regulations in licensing, permitting and beyond, has little oversight on the pesticides used on plants that are ultimately consumed by humans.

While Colorado has outlawed many pesticides and approved hundreds more for use, enforcement has been left in the hands of cultivators, leaving the potential that bad actors could take advantage of the system. Today’s regulations barely scratch the surface, requiring testing that will detect just over a dozen of the thousands of potentially harmful chemicals that could end up on this plant.

The industry also grapples with the lack of standardization in Colorado’s licensed labs. With no consistency in machinery or equipment, one test is not the same as the next.

“With Colorado testing for only 13 harmful pesticides, cultivators are essentially directed to operate under the honor code,” said CCC’s Board Chair Ben Gelt. “This means in order to game the system, all a producer must do is use a product unrelated to those 13. There are literally tens of thousands of pesticide products on the market. that have been proven to be harmful to humans. Consumers have increasingly expressed concern about knowing what is in their produce at the grocery store, leading to the labeling of organic products. These same shoppers deserve greater transparency, so they can make smarter decisions about what they are putting into their bodies when they consume cannabis.”

#Whatsinmyweed is built to remind consumers that they insist on buying organic produce and other specialty goods when they shop for food and that they must begin to demand the same options from cannabis producers. A lack of national or state standards for organic, fair trade, pesticide free and other common methods of production continue to leave consumers in the dark with this nascent industry.

“The CCC and #Whatsinmyweed is a great advocate for the health and wellbeing of consumers,” said Peter Barsoom, CEO of premium edibles brand 1906 and founding sponsor of #WIMW. “1906 takes exacting measures to ensure the quality and safety of our product. We want our customers to have total confidence in the fact that they're getting pesticide-free, consistent and predictable experiences, and we appreciate #WIMW bringing this issue to the forefront as the cannabis industry grows exponentially.”

The #Whatsinmyweed campaign has gathered broad support in legal markets including Colorado, California, Oregon, Texas, Washington, Michigan, Arizona and other states. Founding sponsors of the campaign include L’Eagle, Yerba Buena, Grow Sisters, GrowCentia, Bud Fox, 1906, Mammoth Microbes, Organic Alternatives, High Country Healing, Verde Natural, Dawa Detroit, Stillwater Brands and Grasslands: A Journalism-Minded Agency.

About The Cannabis Certification Council:

The Cannabis Certification Council is a national non-profit promoting clean, ethical and sustainable production via www.Whatsinmyweed.org. In addition to the #WIMW campaign, the CCC is hosting the Third Annual Cannabis Sustainability Symposium in Denver on Friday, Oct. 26. Further information and tickets are available at CannabisSustainability.org. More information about The Cannabis Certification Council can be found online at CannabisCertificationCouncil.org. Continue the conversation on Facebook, Twitter and Instagram.

 

[Baron23]

Federal prosecutor threatens law-breaking pot businesses

DENVER


Colorado's top federal prosecutor says his office may take legal action against licensed marijuana businesses that violate state law or use their status under state law "as a shield" while selling their product on the black market.

U.S. Attorney Bob Troyer acknowledged that until now, federal officials in Colorado have largely focused on prosecuting the people running entirely illegal marijuana grows. The operations are often concealed on federal forest land or inside houses, spurring regular complaints from local law enforcement in some parts of the state.

"Now that federal enforcement has shot down marijuana grows on federal lands, the crosshairs may appropriately shift to the public harms caused by licensed businesses and their investors, particularly those who are not complying with state law or trying to use purported state compliance as a shield," Troyer wrote in an op-ed published late Friday.

After voters approved a constitutional amendment in 2012, Colorado became the first state to broadly allow the sale of marijuana to adults alongside its existing medical marijuana industry. State-tracked sales now total more than $1 billion per year.

The industry has only grown since, with a total of eight states and Washington, D.C., permitting adult use. Marijuana also is allowed for some form of medical use in 31 states. The trade publication Marijuana Business Daily estimates legal marijuana sales topped $5.8 billion last year in the U.S.

But pot remains illegal under federal law, and Troyer suggested even Colorado businesses operating within state law could face federal action.

"We make decisions based on safety," Troyer said. "Sometimes compliance with state law is relevant to that, and sometimes it's not. We do not make decisions based on labels like 'compliance with state law.' Labels are not relevant to us — people's safety is."

He did not give more detail on how a company could come under federal scrutiny.

Jacque Montgomery, a spokeswoman for Colorado Gov. John Hickenlooper, said Saturday that state officials have a solid relationship with federal partners and "share their concerns about abuses in the industry."

"We remain committed to maintaining the integrity of the system we've built," Montgomery said. "That means attentive regulatory oversight and enforcement and, where necessary, criminal enforcement against anyone who abuses our rules."

Industry representatives also said authorities should root out those using state law to hide illegal sales. But it would be unfair to focus on state-licensed companies that do strictly follow its laws, said Kristi Kelly, executive director of the Marijuana Industry Group, a trade association.

"Targeting legal dispensaries that are doing their best to follow the letter of Colorado's laws makes no sense without meeting with the owners and discussing their interpretation of the laws," she said. "We would have extreme concerns about that."

Troyer also told The Denver Post this week that his office plans to take action soon against a Denver-area chain of marijuana dispensaries.

He described the issue as an illegal drug-trafficking organization disguised as a legitimate business under state law. He did not name the company or provide more detail about its operations.

It's unclear how long Troyer will remain in charge of the office. He took the post in 2016 when former U.S. Attorney John Walsh, a nominee of President Barack Obama, resigned.

Jason Dunn, a former deputy attorney general to Republican John Suthers, was nominated in June to fill the post.

Dunn's nomination is awaiting U.S. Senate confirmation.

 

[Baron23]

Four Colorado weed industry rules that are about to change

Colorado’s cannabis industry is still changing at a rapid pace. The industry’s watchdog, the state Marijuana Enforcement Division, updates its rules and regulations every year in hopes of catching up with the expanding field, which is growing like a weed in more ways than one.

The MED’s annual meetings aren’t unique to cannabis; plenty of regulatory agencies update their rules each year. But governing a federally illegal industry that is continually developing new methods for ingestion, packaging and product extraction takes a lot of work. That’s why the MED held six stakeholder meetings over the summer and into the fall, with public health and regulatory officials, industry members, law enforcement representatives and other individuals that make up Colorado’s legal cannabis picture.

On Tuesday, October 16, the MED held its last stakeholder meeting before the new rules will be officially introduced. A final draft was presented for public comment, and the MED will consider written feedback before issuing new language prior to 2019.

“Stakeholder engagement allows the department to hear and incorporate much of the stakeholder feedback into final adopted rules,” MED director Jim Burrack explains. “In addition to working in partnership with the Colorado Department of Public Health and Environment and the Colorado Department of Agriculture to develop these rules, the Department of Revenue and the MED engaged in a collaborative process with various stakeholders including public health officials, public safety and children’s advocates, law enforcement, local licensing authorities, and members of the marijuana industry.”

Although the final details were still being ironed out after the meeting, what is and isn’t being changed has largely been determined. A majority of the rule updates were required after the passage of eight cannabis-related billsby the Colorado Legislature during the 2018 session, with the official language and schedule determined during the rulemaking process. Here are four ways the pot industry is expected to change in 2019 as a result:

Heavy Metals Testing
The MED’s new regulations would require every harvest batch of medical and recreational cannabis to be tested for heavy metals, including but not limited to arsenic, cadmium, lead and mercury. While the MED says heavy-metal testing requirements have been in place for a couple of years, testing was never mandated. That could change on July 1, 2019, the date when the current draft of the new rules says additional testing would be required.

Cannabis nutrients can carry levels of the aforementioned heavy metals as well as others, which seep into the soil and subsequently accumulate in the plant. The metals aren’t limited to chemical fertilizers, points out L’Eagle cultivation director Phillip Jacobson; organic fertilizers such as fish oils and bat guano can contain them because the fish and bats may have consumed polluted air, water and food.

If the heavy-metal rules kick in, Jacobson expects quite a few cultivators around town to rethink their growing practices. Because of a lack of both regulation and research, many growers simply don’t know about the residual metals left from nutrients they’re using. Jacobson suggests: “Go to the California and Washington [departments of agriculture] websites, and see what’s inside what you’re using.”

Nasal Sprays, Inhalers and Suppositories
Producers of cannabis-infused nasal sprays, inhalers and suppositorieswere concerned back in July, when the MED was suggesting that those “non-conforming” products would soon have to adhere to FDA-like standards of efficacy, and could be kicked off dispensary shelves for months or even years as manufactures got their facilities and manufacturing plans approved. After stakeholder engagement, however, the MED decided to instead label such products as “audited” and “alternative-use.” If the new language is adopted, they’ll have to be inspected and approved by an independent, certified quality audit or Good Manufacturing Practices auditor before gaining MED approval.

Waste Recycling
Believe it or not, cannabis has value beyond its buds and leaves. For example, both marijuana and hemp stalks can be recycled for their pulp and fibers, which can then be used to help make extremely efficient and durable building materials, paper, clothing and more. However, licensed cannabis cultivators were barred from attempting to recycle any waste from their plants, including the stalks and stems, until HB 187 passed and became law this summer, giving the MED the authority to allow cannabis growers to “transfer marijuana fibrous waste to a person for the purpose of producing only industrial fiber products.” Since the bill passed, this new rule will definitely be adopted, even if the fine print changes a little.

No More Vertical Integration
In a requirement known as “vertical integration,” medical dispensaries have been responsible for sourcing at least 70 percent of their products internally, meaning at least 70 percent of the flower and infused-products at a medical shop must come from plants grown in-house. But this session, the legislature approved HB 1381, which will allow medical dispensaries to gradually get more products from wholesalers. Once implemented, the law will allow medical shops to go from a 70 percent rate of required in-house products to 50 percent; ultimately, the requirement will be eliminated entirely. This change was made to align with the retail code, which already allows recreational dispensaries to source all of their products from wholesalers if they choose to do so. Does that suggest that all of your medical products will soon be wholesale? Not necessarily — those cultivations already in place will still be providing products — but you can expect a greater selection once the rule takes effect.

 

[Baron23]

This is HUGE. RICO is being misused by NIMBY.......er....well...people and I'm glad to see it shoved up their ass. Hopefully their legal bills are LARGE.

Michael and Phillis Hope Reilly (the plaintiffs) remind me of the jerk off who moved into a neighborhood next to our skeet and trap club. Club had been there 70 years, this person...eh, a few years. When he bought, it had a covenant about gun club noise....which he signed...and which he immediately ignored and started filing suits against us. We won all of the counts, but lost the club due to politics started by this guy. Nobody would ever tell me who exactly he was...which is probably for the best as I have no patience nor any sympathy for this kind of crap.

Cheers


Jury rules in favor of Colorado marijuana grower in racketeering lawsuit

A Colorado jury gave a cannabis grower in a racketeering lawsuit an important victory this week, and it’s a landmark win for the marijuana industry as it fights claims alleging MJ cultivators create “noxious odors” and other nuisances that could hurt nearby property values.

The jury “found that we were not responsible for any of the alleged damages,” attorney Matthew Buck told the Colorado Sun. He represented the Colorado marijuana business and its owner, Parker Walton.
Walton, who runs CannaCraft, a small-batch marijuana greenhouse in southern Colorado, suggested in a recent interview with Marijuana Business Daily that if he were to suffer a large monetary loss related to the suit, it would put him out of business.

Here are basics you need to know about the Racketeer Influenced and Corrupt Organizations Act (RICO) and the cannabis industry:

How to fight back against RICO
Click here for advice about heading off racketeering lawsuits.

• Suits using the same strategy have been filed in California, Massachusetts and Oregon, claiming the smell of marijuana damages neighboring owners’ ability to enjoy their land or depresses their property value. But this was the first time a jury heard a case.
• A recent federal court ruling in Oregon also suggested plaintiffs face a high burden of proof. In that case, the judge dismissed claims, ruling the plaintiffs failed to show a concrete loss in the value of their property.
• The suits have been filed under RICO, which allows private parties to claim their business or property has been damaged by a criminal enterprise.
• RICO was first enacted to fight the Mafia in the 1970s but expanded to include illegal drug trafficking. The law allows plaintiffs to be compensated for their damages times three, plus attorneys’ expenses.

CannaCraft’s Walton runs a state-legal MJ business, and the lawsuit was filed under the premise that cannabis is illegal on a federal basis.

The Colorado lawsuit was filed by Michael and Phillis Hope Reilly, who bought property adjacent to the cultivation facility.

They claimed in court filings the marijuana operation emitted a “noxious odor” that had

 

[Baron23]

Colorado issues report assessing legalization's impact on public safety


The Colorado Department of Public Safety has issued its first-ever baseline report assessing the impact of adult use marijuana regulations in Colorado. Lawmakers in 2013 passed legislation authorizing regulators to conduct the five-year review, which seeks to better identify ways in which legalization has impacted public health and safety.

Authors reported that the total number of marijuana arrests fell 52 percent between the years 2012 and 2017. In Denver, marijuana arrests fell 81 percent over this same period of time.

Authors also reported that youth marijuana use has remained largely unchanged since legalization. The report acknowledged “no significant change in past 30-day use of marijuana between 2013 and 2017.” Authors further reported that marijuana use by Colorado teens in 2017 was virtually no different than the national average. By contrast, the percentage of Colorado adults reporting marijuana use increased from 13.6 percent in 2014 to 15.5 percent in 2017.

Authors acknowledged that police are now more likely to make DUI arrests for drivers suspected of being under the influence of cannabis. Specifically, 15 percent of DUI arrests in 2017 involved cannabis versus 12 percent in 2014. However, authors cautioned that this uptick is may be partially due to “an increase in the number of law enforcement officers who are trained in recognizing drug use,” rather than as a result of any changes in driving behavior. Authors further reported that the total number of drivers involved in fatal accidents with elevated THC blood levels over 5ng.ml fell between 2016 and 2017.

 

[momofthegoons]

Your weed is still not welcome at DIA even as other airports allow it
Fivefold increase in marijuana "items" seized

DENVER -- If you have house guests this week and they like to consume marijuana, tell them to eat it or smoke it before they fly home from Denver. Contact7 learned it's still not allowed at DIA despite other airports changing policy in marijuana-friendly states.

"[DIA] has a policy that marijuana consumption and possessing marijuana is not allowed here on airport property," Emily Williams of Denver International Airport said. "It is federally illegal to transport marijuana in a plane. So, you're coming out here to the airport, you're flying in, you're flying out, there's really no reason for you to have it here at the airport."

In other words, generally, you're protected by state laws before passing through security, but must adhere to federal laws once you've cleared security.

For instance, Los Angeles International Airport (LAX), Seattle-Tacoma International Airport (Sea-Tac), and Ted Stevens Anchorage International Airport have more lax policies that allow passengers to carry personal amounts of marijuana onto airport property, a review of the latest policies shows.

Las Vegas's McCarran International Airport is like Denver, however, and asks weed-toting passengers to deposit the products into amnesty boxes at the airport.

At least two passengers who arrived at DIA believe the airport's policies might need a refresher soon.

"If they make it legal for outside [of the airport], I think they should bring it in," Lidya Weldehawriat, originally from Ethiopia, said.

"It doesn't bother me. I don't really care," Dan Warner from Florida said.

Contact7's request for public records produced evidence of a fivefold increase in marijuana "items" seized at DIA between January and August 2018 and January and August 2017 -- 635 in 2018 versus 115 in 2017.

Administrators at the Denver Police Department and Department of Public Safety said officers will take "items" as non-evidence and ultimately destroy them.

According to officials at DIA, a Denver police officer will typically explain the airport's rules to passengers who violate them.

Despite a growing, national push to legalize marijuana, DIA officials say airport policy is not likely to change any time soon.

"At this point, I think that's a pretty firm decision. If and when a federal law changes, then I think we will completely revisit that policy," Williams said.

 

[Whisper]

I wonder how much of confiscated material makes it to the destroy pile? I'd venture to say very little.

 

[Baron23]

Colorado marijuana access could expand greatly in 2019


2019 could be the single most important year in several years for marijuana advocates in Colorado.

In just a few months, current marijuana regulations will sunset -- meaning lawmakers need to have a thorough discussion about how to regulate the growing industry.

"The legislature will look at everything, all over again, to see what was working and what wasn't working," Peter Marcus, a spokesman for Terrapin Care Station, a Colorado cannabis company, said.

Marcus says there is reason for the industry to be hopeful. Governor-elect Jared Polis is perceived as being extremely friendly to the industry. Democrats control both chambers of the General Assembly.

"Governor-elect Jared Polis is very friendly, perhaps the most friendly elected official we have ever had in the cannabis world," Marcus added.

So how could access possibly change? For one -- those with autism could soon be eligible to receive medical marijuana.

The General Assembly passed a measure to do just that in 2018 but Governor John Hickenlooper vetoed it.

FOX31 asked Governor-elect Polis if he would sign it during the campaign. "I would have I think we should always error on the side of patient access," Polis told FOX31 Political Reporter Joe St. George.

What about marijuana delivery? Polis is also on board. "If you look at one of the dangers of having legal regulated marijuana it could lead to more people driving under the influence so yes I would view delivery as a way of preventing people driving under the influence," Polis said during an October interview.

Another issue expected to be revisIted according to Marcus -- tasting rooms. "We really just want one thing for consumers to have access," Marcus said.

Of course Democratic control doesn't necessarily mean all these measures will go into law. Last year Democratic State Senator Rhonda Fields helped lead the charge against marijuana delivery.

 

[Baron23]

Judge orders cannabis firm Sweet Leaf co-owners to pay $8.8 million for unpaid rent

A Denver court issued an $8.8 million judgment against the owners of the once-thriving Colorado marijuana chain Sweet Leaf for unpaid rent, late fees and interest in breaching four commercial leases in Denver.

Denver District Judge Edward Bronfin issued the decision against Sweet Leaf co-owners Matthew Aiken, Christian Johnson and Anthony Sauro on behalf of the properties’ landlord, RF Elati 4125. RF Elati’s principal is listed as Ryan Fox of Saguache, Colorado, according to Secretary of State filings.

Sweet Leaf earlier this year lost all 26 of its marijuana cultivation, processing and dispensary licenses in Denver for allegedly allowing customers to exceed daily purchase limits.

Subsequently in October, Aiken, Johnson and Sauro agreed to pay $2 million in fines to the state, sell Sweet Leaf’s remaining Colorado licenses and stay out of the state’s MJ industry for 15 years.
A Sweet Leaf store in Portland, Oregon, is still listed as open.

Denver cannabis law firm Greenspoon Marder represented RF Elati in the case against Sweet Leaf’s co-owners.

Rachel Gillette, chair of Greenspoon’s cannabis practice, said in a statement that the firm’s goal is to help marijuana businesses become a “normal and trusted part of the corporate world.

“This case represents justice for the business owner playing by the rules, regardless of the type of business.”

 

[Baron23]

Meet America’s first pot governor, Colorado’s Jared Polis
The governor-elect takes office at a significant moment in Colorado for the cannabis industry.

Jared Polis takes office Tuesday as Colorado’s new chief executive — and America’s first pot governor.

The Democrat’s long-standing support for legal marijuana, his embrace of the industry as a core part of his campaign agenda and his unique strategy to court cannabis voters in the 2018 election make him the nation’s most pot-friendly politician.

“There is no one that even comes close in my mind to Gov.-elect Polis,” said Christian Sederberg, a prominent cannabis-industry attorney based in Denver.

And the title is far more than a moniker. The governor-elect grabs the state’s reins at a significant moment for the cannabis industry — five years after recreational-marijuana sales began in Colorado and just as the regulations supporting the industry face a legislative review.

The cannabis industry expects Polis to champion their cause, sign legislation that his predecessor vetoed and help the industry reach mainstream status just as legalization spreads to more states and Canada.

“We made no secret of the fact that we supported Gov.-elect Polis mostly because he has been a vocal proponent at the local, state and national levels for our industry — since before it was an industry,” said Dean Heizer, the executive director and chief legal strategist at LivWell Enlightened Health, a prominent marijuana-dispensary chain.

“He doesn’t want to go slowly about pot at all”
Polis, a former five-term Boulder congressman, proposed legislation to help the medical marijuana industry in 2011, and in 2013, just months after Colorado voters approved Amendment 64 to allow recreational sales, he introduced legislation to legalize marijuana at the federal level.

In the 2018 election, Polis held fundraisers with the marijuana industry, met with advocates to develop a cannabis platform and toured hemp-research facilities on the campaign trail.

His campaign also launched a first-of-its-kind effort — as The Colorado Sun reported in November — to target industry employees with tailored messages, hired a cannabis outreach director and worked with dispensaries to distribute his campaign literature.

Polis came under fire from his opponent for his embrace of the marijuana industry in the final gubernatorial debate. Republican Walker Stapleton suggested Polis supported “expanding recreational drugs.” Polis dismissed the accusation and said he’s never smoked marijuana.

Gov. John Hickenlooper vetoed three marijuana-related bills in his final year in office. (Jesse Paul, The Colorado Sun)
The kinship between Polis and the industry represents a departure from outgoing Gov. John Hickenlooper and most other politicians who have kept the industry at arm’s-length.

In his final year, Hickenlooper vetoed three marijuana bills that established dispensary “tasting rooms,” eased requirements on outside investment in cannabis businesses and allowed people with autism to access medical marijuana. He expressed concern about marijuana’s impacts on impaired driving and brain development, as well as a possible crackdown by federal authorities.

“One of those vetoes was because we had it on fairly good authority that (then-)Attorney General (Jeff) Sessions would come in and make examples of parts of the industry, and we thought that was bad for everybody,” Hickenlooper told The Sun in a recent interview.

On the regulatory side, the cannabis advocates believed Hickenlooper’s administration made it tougher to do business, rather than helping to facilitate a burgeoning industry with an excess of $1 billion in sales in 2018.

“What do we expect out of Jared as the next governor of Colorado is obviously to have a more open mind to some of the issues that normalize the industry,” said Peter Marcus, a spokesman for Terrapin Care Station, a dispensary chain. Even though Hickenlooper “didn’t do anything to stop the cannabis industry from establishing roots in Colorado, he wasn’t necessarily helpful in continuing to normalize the industry from a business standpoint.”

Within hours of the final veto in June, Polis issued a statement saying he would sign all three, which he called “thoughtful bipartisan bills to help Coloradans with autism and grow our economy.”

Hickenlooper acknowledges that Polis will take a different approach. “He doesn’t want to go slowly about pot at all,” the term-limited governor said in the interview. “I’m not saying it’s wrong, it just different. We thought at the beginning we should go more cautiously. He wants to go fast.”

The industry looks to Polis to move it forward
Cannabis advocates hope to move quickly, too. Marijuana is expected to be one of the top issues in the legislative session that started Friday. And state lawmakers plan to reintroduce the bills that Hickenlooper vetoed and send them to Polis for his signature.

The discussion about whether to allow a pilot program for delivery of marijuana also is expected to return after the bill failed in the Republican-led Senate in 2018.

The bigger issue is what is known as a “sunset review” of the state’s medical- and recreational-marijuana regulations. The review is designed to make sure the regulations are working, and it provides an opportunity for lawmakers to make significant fixes, if desired.

The industry wants to see the medical- and recreational-marijuana codes combined into one to make them less burdensome. The Hickenlooper administration has recommended the move to lawmakers.

The broader approach to marijuana policy is where advocates hope Polis makes the largest difference. The industry wants to see cannabis featured as part of the economic development by the state and treated like any other legal business.

“Polis could make all the difference in allowing the state’s cannabis industry to continue to grow, and ensure it doesn’t fall behind as more states move forward with adult-use cannabis,” said Ean Seeb, a leading advocate for the cannabis industry.