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

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Presentation on theme: "Edson, Maytin & Matz LLP Colorado Criminal Defense Medical Marijuana Consultation Offices in Denver and Aspen www.WarrenEdson.com."— Presentation transcript:

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

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 14 Colorado Constitution Amendment 20 was enacted on July 1, Yes 915,527 No 786,983 Colorado Population: 5,024,748 Denver Population: 610,345 Patient numbers remained at about 2,000 from July 2009 A handful of “dispensaries”

5 Medical Marijuana Registry Application History % Change Jan % Feb % Mar % Apr % May % Jun % Jul % Aug % Sep Oct Nov Dec Totals % Increase/year43%42%88%141%771%

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 2010 House 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 ) Clones are Plants ) Signs Propagation, Vegetation, Flowing 1.205C Limited Access Area “Do Not Enter – Limited Access Area – Access limited to Licensed owners, employees and contractors only” 12” * 12” ½ inch in height 3) Occupational Licenses Key, Support, and Registration – $75 to $250 – Employee Manual 4) New Registry 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 (I)  Manifest 11.2 (d) 6) Dirty Hippy Rule Employee issues What happens? 7) Restriction on Moving Businesses (d) Good Stuff: They listened to privacy concerns, reduced camera requirements, separate licenses, outdoor growing recognized, increased plants recommendations legitimized.

12 HB The 1284 “fix” Signed by the Governor on 6/1/11 1)Extend the moratorium for businesses and communities 2)No more clone “Immature Plants” CRS (1.5) -can sell to patients or Primary Caregivers -can sell up to ½ the recommended plant count CRS ) Records now private CRS (d) 4) Some felons can play CRS (h) 5) Owners vs. Employees -Residency 6) OPCOs locations no longer confidential CRS ) 35 day rule is kind of sort of gone CRS (5) -Call CDPHE -Monday – Friday 8 am – 5 pm

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

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

15 Gambling and Booze

16 Reexamine the Numbers Colorado: 5,024,748 Denver: 610,345 Patients 123, % 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


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