Medical Marijuana Debuts

      The medical marijuana retail business has recently become the state’s fastest growing business. This means that the consumption of available retail spaces either for lease or sites purchased for the legal distribution of medical marijuana has been recorded to outpace the start ups of restaurants, apparel shops and other more conventional retail businesses in the state. Why has this happened? I would tie the marijuana retail proliferation to a recent U.S. Justice Department policy to withhold federal prosecution for the possession of marijuana in states where local laws have legally allowed for the use of medical marijuana.

            The voters in Colorado amended the State Constitution in 2000 to allow for the legal use of medical marijuana. It took nearly a decade for the concept of dispensaries to arrive in Colorado and the genesis has indeed brought with it a series of issues, some public concern and a series of local government questions of how best to intervene in making governance policies, if any at all. In Denver, we have indeed seen an increase in the number of medical marijuana dispensaries that were opened in the last few months.  I have received several calls and e-mails from constituents both asking about my views on opening a dispensary in Northwest Denver or probing how can the city allow marijuana to be distributed so close to residential neighborhoods and schools.

            The City Council has taken up the issue this month with the intention of licensing medical marijuana distribution in accordance with what Amendment 20 purported to do. These are essential local government control matters that have nothing to do with the broader regulatory scheme that the State legislature will likely consider nest year. I believe that it’s well within the purview of the city to exercise a specific license process, regulate business sites and times of operation in relation to public places and schools. In other words, the public should know where a medical marijuana dispensary is located and that its owners are following the law. In addition these medical marijuana products are commodities and should be taxed at the retail level as any other consumer product is taxed.

            I believe that the public will be better protected from “fly by night” and the “get in quick to make a fast buck” types of future operators. Also, like many of my constituents, I do not want to have a medical marijuana dispensary on every commercial block in Northwest Denver. At the same time, responsible dispensary operators should not feel that the city is over regulating a legitimate and legal business.

            Colorado and Denver have long been viewed as progressive places where thoughtful and sensible laws are crafted by elected officials. We are at a new time in our public policy thinking that reasonable local government license and regulation are required to ensure that medical marijuana patients, care-givers and the general public are protected. This is a new era for medicinal marijuana use and Denver should again be a leader in finding a balanced governance approach. The latest draft legislation is available for review by clicking here.