Boulder Regulations inevitable

Last night the Boulder City Council moved forward with plans to roll out extensive medical marijuana business regulations by the end of March. A second reading of the proposed regulations is scheduled for 3/16. At this point, it appears the the regulations, in their current form, are inevitable.

Accordingly, it is time for all City of Boulder medical marijuana businesses to get moving toward compliance with the regulations.

Among other things, dispensaries and growing operations can’t operate within 500 feet of schools or day-care providers, or in areas that already have three or more dispensaries.

The regulations would create a licensing system for medical marijuana businesses. The city is proposing licensing fees of $6,000 for the first year, with a $2,000 annual renewal fee. The rules also would set security requirements, require owners to submit business plans and plans for being a good neighbor, prohibit on-site consumption of medical marijuana and require businesses to keep detailed patient records. Also being considered is restricting the amount of marijuana a business can have based on the number of patients it serves.

Once the regulations are enacted, Gard & Bond is glad to assist you with ensuring that you are in compliance before any deadline is reached and will be associating with other professionals (architects, security professionals, etc.) to help you. This process is likely to be complicated and we don’t want any businesses to suffer for lack of detailed preparation (like those poor folks in Denver!). Please call us to schedule a meeting to review and prepare the necessary paperwork. Also, stay on top of all medical marijuana laws and changes using our website: www.medicalmarijuanalawcolorado.com, which contains an up-to-the-minute Google newsfeed. Stay legal.

Jeff Gard

Read more: Boulder advances medical marijuana rules – Boulder Daily Camera http://www.dailycamera.com/ci_14501071#ixzz0h8DkeL3h

Doctors and dispensaries – a “no-no”

In anticipation of SB109 or whatever it becomes, it is important for doctors to continue working with patients independent of any relationships the doctor or patients may have with a primary caregiver/primary caregiver business. It is unclear whether a doctor’s association with a referral business will be affected. The transaction between primary caregivers should be seperate from any renumeration to the doctor. Better yet that the patient pays the doctor directly for the examination. If the doctor is shareholder of such a business and primary caregivers/primary caregiver business is a source of revenue, it will be quite problematic.

Also, the doctor is not permitted to see patients at any dispensary. It is unclear whether an office rented or occupied by the referral business would permitted. As we seek to restore our image with the public, it is necessary that legitimate doctors are making independent medical marijuana recommendations for legitimate patients. Even the appearance of impropriety should be avoided. In doing so, we are helping patients and their caregivers stay legal and avoid further media criticism.

Stay legal!

Jeff