Colorado Criminal Defense - Medical Marijuana Business Consultations
My Blog

August 2010

Law Suit re: $9,000,000 transfer

We,Kumin Sommers LLP, need
1) Tax payers
2) MMJ Patients
3) People who actually were around to vote for Amendment 20
4) Dispensary owners who have potentially been damaged by CDPHE's inability to tell you if you are the primary caregiver or currently the primary MMC for a patient.

If you are interested in potentially joining a class action law suit seeking an injunction against the Governor's attempt to move $9,000,000 from the patients fund to the General fund.

Please send an email to
warren@kuminsommers.

35 day question

Lots of questions as to where the 35 days waiting period comes from.
Basically:
 
A20 allowed you to sell to a patient as an Affirmative Defense caregiver once the patient got the Dr's recommendation.
 
The "go away at the door" defense under 2(b) kicks in once the patient gets the card AND names the person as a caregiver.
 
You are no longer caregivers.  You are medical marijuana centers.  Your right to break the law comes from 1284 now not A20.  Thus the only way you are left legally transferring med mj is through the Card and the resulting waiting period or actual arrival of the physical card.

Friday August 27th Meeting 2: DOR

The Colorado Department of Public Health and Environment and the Department of Revenue will hold a joint public meeting on Aug. 27, 2010, to receive public input on emergency rules adopted by the Department of Revenue and to be provided with an update from the industry, caregivers, patients and other stakeholders regarding the industry's current status. The time and place for this public meeting is as follows:

Aug. 27, 2010
1-3 p.m.
Department of Revenue
Gaming Conference Room
1881 Pierce St.
Lakewood, CO

Friday August 27th, Meeting: Workgroup

The first meeting of the workgroup to make recommendations to Matt D. Cook, Senior Director of Enforcement for draft rules pertaining to the Medical Marijuana Industry will be at9:00 AM., August 27, 2010, in the Gaming Conference Room, 1881 Pierce Street, Lakewood, CO 80214. Workgroup members will engage in a discussion concerning draft rules pertaining to HB 10-1284. The public is invited to attend and observe the discussion of the workgroup. There will not be an opportunity for non-workgroup members to participate in this meeting.

70/30 affidavit

 
The affidavit that needs to be signed by September 1, 2010 is here:http://www.colorado.gov/cs/Satellite/Rev-Enforcement/RE/1251575119584.
 

35 day waiting period

Yes we have a weird situation relating to Amendment 20 and 1284.  MMCs technically should not distribute medical marijuana to patients until a patient has a State Patient Card or the MMC is shown proof that the patient mailed the card to the State 35 days prior.
 
Yes this means that you should not distribute to new patients and those who did not renew at least 35 days prior to the expiration of their current card.
 
Not good news, but that's the way it reads.
 
 

Date of Operation

In the recent Denver denial of an MMJ license hearings, the hearing Judge has focused on both:
 
1) Date of retail sales tax license
 
and
 
2) Date of first sale
 
To qualify for the grandfather clause, you need to be able to answer both these questions with a date prior to 12/16/2009 as well as have filed for a Denver Medical Marijuana Center license prior to 3/1/2010.
 

One company per kitchen

No matter how many times I ask Matt Cook, he keeps telling me that 1284 only allows one cooking company per kitchen.
 
 

Hours of Operation

 
Not what anyone wants to hear but the hours of operation required by HB1284, 12-43.3-901 (l), 8 am - 7 pm, are in effect right now.
 

Employees

As indicated by Matt Cook at the DOR emergency rule making hearing on 8/2/10, HB 1284 section 12-43.3-307, the 2 year residency requirement and drug felon ban, applies to all associated people.
 
While Mr. Cook believes that this section also applies to employees.  State Senator Romer disagrees and indicates that was not the legislative intent.    Employee applications have been delayed until January or February 2011 to allow the legislature to resolve the disagreement.
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