Congratulations to Colorado and all the supporters out there for their hard work in making history by passing Amendment 64, the initiative to regulate marijuana like alcohol. Our firm was proud to participate in a significant way in this campaign. Here’s a couple of reminders about what the passage of 64 means for you and your patients. Please contact our office at any time if you have any questions or concerns.
- MMJ rules stay in place, you can’t sell to anyone with out a red card: Most of you know this, but many have the misconception that they can walk into a Center today and purchase marijuana as long as they are 21. No rules have changed in the MMJ system, and you still cannot sell to anyone without a red card. You can’t purchase marijuana in a manner not authorized under the Code. The retail part of 64 will not go into effect until January 2014, so that the State and localities have time to develop regulations.
- What goes into effect now? Once the election is certified in the next 30 days, there will be no legal penalties for personal possession of up to one ounce and home-growing of up to 6 plants is permitted.
- Will localities be able to ban legal marijuana establishments? Yes, similar to the MMJ Code, localities can vote to ban these establishment through their local government or through ballot initiatives.
- Do I have to change from medical to retail? No, you don’t. If you remain a medical marijuana center, you will not be subject to the excise tax that will be imposed on the non-medical facilities.
- Do MMJ centers get any preference in the new system if they open a non medical retail store? Yes, licensed MMJ centers wishing to apply for a separate retail marijuana establishment license get a preference in the permitting process. Your experience and compliance will be considered in your application.
- When will regulations be developed for implementation of the retail system? July 2013
- When will applications be accepted? October 2013.
- How much will they cost? To be determined, but cannot exceed $5,000.00
- What should we do now if we want to transition to retail in 2014? You can start planning and looking for locations. Remember, there is no vertical integration requirement in the new system, and as of now no residency requirement. However, zoning is an important consideration that you should plan ahead for.
- Some other important things to advise your patients of. This doesn’t mean the laws have changed regarding driving or marijuana use in public. You still cannot drive while impaired by marijuana, you still cannot use marijuana in public or on site at a Center. People should also be advised to keep marijuana away from their children.
Please contact us at any time with any questions or concerns. Congratulations on making groundbreaking history and becoming leaders in the Nation in effectively regulating marijuana and ending prohibition.