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Edson , Maytin & Matz LLP

Edson, Maytin & Matz LLP provides expert counsel on Colorado's medical marijuana laws and offers criminal defense services. Visit our offices in Denver and Aspen. www.WarrenEdson.com

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Edson , Maytin & Matz LLP

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  1. Edson, Maytin & Matz LLP Colorado Criminal Defense Medical Marijuana Consultation Offices in Denver and Aspen www.WarrenEdson.com

  2. Rapture Date: July 1, 2011 The Day Grey becomes Black and White

  3. Possession, Manufacturing, and Distribution of Marijuana is Illegal.

  4. Article 18 Section 14Colorado Constitution • Amendment 20 was enacted on July 1, 2001. Yes915,527 No786,983 • Colorado Population: 5,024,748 • Denver Population: 610,345 • Patient numbers remained at about 2,000 from 2001- July 2009 • A handful of “dispensaries”

  5. Medical Marijuana Registry Application History

  6. Patient Explosion

  7. Industry Explosion August 2009 June 2011 • 8,000 Patients 123,890 Patients • Dispensaries: ? 773 MMCs • Grows: ? 1,219 OPCOs • IPMs: ? 309 IPMs

  8. Legislative Session 2010House Bill 1284 Senate Bill 109

  9. 3 New Statutory Defenses • 1) Medical Marijuana Centers (MMC) • No more dispensaries • For profit • Can make retail sales to patients • Can make wholesale sales to other MMCs and IPMs • 2) Optional Premises Cultivation Operation (OPCO) • Grow Operations • Has to be directly connected to one MMC • Is a manufacturing operation • 3) Infused Product Manufacturer (IPM) • Can wholesale to any MMC. Can not make retail sales. • Can own their own OPCO or acquire medical marijuana from an MMC • All the medical marijuana from their OPCO must go into their infused products

  10. DOR 77 Page “Micro Rules”March 2011 • 1) Clones are Plants 1.205 • 2) Signs • Propagation, Vegetation, Flowing 1.205C • Limited Access Area 10.100 “Do Not Enter – Limited Access Area – Access limited to Licensed owners, employees and contractors only” 12” * 12” ½ inch in height • 3) Occupational Licenses 8.100 • Key, Support, and Registration • $75 to $250 • Employee Manual • 4) New Registry 1.200 • MMC registers with MMED. • Include relative plant count BUT do your homework • 72 hours

  11. DOR Micro Rules • 5) Tracked • Weigh. • Processed. Transport within 48 hours to the MMC. 1.205 (I) • Manifest 11.2 (d) • 6) Dirty Hippy Rule 12.100 • Employee issues • What happens? • 7) Restriction on Moving Businesses 16.110 (d) • Good Stuff: They listened to privacy concerns, reduced camera requirements, separate licenses, outdoor growing recognized, increased plants recommendations legitimized.

  12. HB 11-1043The 1284 “fix” Signed by the Governor on 6/1/11 • Extend the moratorium for businesses and communities • No more clone “Immature Plants” CRS 12-43.3-104 (1.5) -can sell to patients or Primary Caregivers -can sell up to ½ the recommended plant count CRS 12-43.3-402 3) Records now private CRS 12-43.3-202 (d) 4) Some felons can play CRS 12-43.3-307 (h) 5) Owners vs. Employees -Residency 6) OPCOs locations no longer confidential CRS 12-43.3-310 7) 35 day rule is kind of sort of gone CRS 12-43.3 (5) -Call CDPHE -Monday – Friday 8 am – 5 pm

  13. HB 11-1043The 1284 “fix” 8) Vending machines???? CRS 12-43.3-402 (5.5) 9) Labs can now develop, test, and produce “marijuana-based products.” CRS 12-43.3-402 (6) • But no ownership interest in MMCs or IPMs CRS 12-43.3-404 (10) 10) 500 Plant limit on OPCOs connected to IPMs. CRS 12-43.3-404 9(a) -huge out clause

  14. HB 11-1043The 1284 “fix” 11) Single grow for common owned centers. CRS 12-43.3-403(2) 12) Can give away MMJ: • indigent patients -State Health Agency • hospice care. CRS 12-43.3-403 9(c) 13) Physician issue addressed CRS 25-1.5-106 14) Caregivers, ALL, have to register with the State Medical Marijuana Licensing Authority. CRS 25-1.5-106 7(e)

  15. Gambling and Booze

  16. Reexamine the Numbers • Colorado: 5,024,748 • Denver: 610,345 • Patients 123,890 • 2.5 % of the TOTAL Population • Number of 7-11’s in Denver? -69 • Number of Starbucks in Denver? -84 • Number of Dunkin Donuts in Colorado? -0 • Number of MMCs in Denver? -270 • One for every 2,260 Denver Residents • Statewide 159 Patients per MMC • Over 1,100 different MDs have signed an MMJ recommendation.

  17. Rapture Date 7/1/11 • Caregiver registry • New MMC registry through MMED • Occupation licenses required • Sanitation Rules • Packaging/labeling required • Cameras required • Manifest required • Labs can manufacture • Increased recommendations recognized. • New MMC registry through MMED • Packet from MMED will be out this week

  18. Edson, Maytin & Matz LLP Colorado Criminal Defense Medical Marijuana Consultation Offices in Denver and Aspen www.WarrenEdson.com

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