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Tag: Colorado

  • Colorado Cannabis Bill Aims To Ease Restrictions For Parents

    Colorado Cannabis Bill Aims To Ease Restrictions For Parents

    Parens of children who depend on cannabis-based medications for epilepsy and other medical conditions are championing the new bill. 

    A Colorado bill aims to make it easier for parents of children enrolled in the state’s medical marijuana program to get the cannabis-based medications that their children need. 

    According to current state law, children in the medical marijuana program — who are often severely ill — can have only one primary medical marijuana caregiver who is permitted to pick up his or her cannabis medications, according to Westword.com.

    Having to choose just one parent who has this permission can be stressful for families like that of Christine and Matthew Cerrato, whose four-year-old son Ethan uses cannabis to treat epilepsy and other medical conditions. 

    Because their son in so young and medically fragile, the Cerratos need to travel 80 miles to secure his medication, which is not sold locally. This is complicated by the fact that Ethan is often in the hospital: He was there 11 times just last year. 

    “For the first year, I was the caregiver. But when we’d be at the hospital, I couldn’t just leave this small child, who is sick yet also very cognitively aware, with strangers. But on the other side, what else can I do, let him lapse in treatment? There is this really bizarre gap here,” said Christine. Matthew is Ethan’s primary medical marijuana caregiver, so only he can go to the dispensary. 

    “We’ve got other kids and have to take care of groceries and meals. Matt has the availability to go [to the dispensary], but if he’s sick or occupied, he still needs to go, even though I’m totally healthy and able-bodied to do this myself,” Christine said. She pointed out that although their family can manage, other parents find the situation even more complicated to navigate. 

    “But we’re still lucky: We’re part of this gap that is married, in the same home, and Matt’s not traveling for work. We’re able to manage it, but I’ve had friends in the cannabis community go through ugly divorces… . Whatever the parental situation might be, it just doesn’t make sense,” she said. 

    When Christine posted her frustrations on Facebook one night, State Representative Matt Gray answered. After learning more about the issue he introduced the bill to allow both parents to be medical marijuana caregivers. The measure will be considered this week, but Gray says he doesn’t anticipate any opposition. 

    “This is a common-sense idea. The idea that one parent can give their kid medicine and the other can’t is kind of ridiculous,” he said. 

    Christine hopes the strange law changes soon. 

    “We’re all busy. Both of us being able to make Ethan’s purchases just makes things run more smoothly,” she said. 

    View the original article at thefix.com

  • Illegal Marijuana Exporters Thrive In Colorado

    Illegal Marijuana Exporters Thrive In Colorado

    Authorities and regulators admit that this rise in black market activity is partly a growing pain, resulting from unforeseen consequences of legalization.

    The relaxed attitude about marijuana use has emboldened some growers and dealers who do business without a license.

    Legalization was supposed to kill the black market for marijuana, creating avenues for official businesses that would raise some tax income for the state of Colorado. However, some dealers have chosen to stay in the black market, taking advantage of the new, relaxed attitude towards the drug to expand their illegal grow and deal operations.

    “We thought that the black market would disappear,” said Gov. John Hickenlooper. “Evidently it contracted and then began to expand again, and that’s counter-intuitive, right? It is not what you would expect.”

    Colorado voted to legalize the drug in 2013, reasoning that jailing citizens over a relatively harmless drug was doing more harm than good. The state allows people 21 years of age or older to buy or grow reasonable amounts of marijuana. But despite these good intentions, some have taken advantage of the new, destigmatized political climate to upgrade their operations to the point where they are “just like a corporation,” according to Bob Troyer, Colorado’s former US attorney.

    These organizations also smuggle the goods outside to illegal states. Authorities have found contraband Coloradoan marijuana in more than 34 states. The pot can be traced back to huge illegal grow operations found in state parks, farmland or even inside neighborhood homes. A significant portion of the marijuana black marketeers hail from outside the United States, from places as far as Mexico, Cuba and even China.

    “The thing that nobody predicted (was that) normalization, commercialization, would be a magnet for international black market activity,” explained Troyer.

    Authorities and regulators admit that this rise in black market activity is partly a growing pain, resulting from unforeseen consequences of legalization.

    “I think one of the mistakes that was made in Colorado and some other states is allowing for home cultivation,” said Chris Woods, who founded a marijuana grow and retail business called Terrapin Care Station. “What we’re seeing right now is a lot of clean-up from the mistakes that have been made.”

    At least one regulation has been overturned and cleaned up since legalization: the 99 plant rule. Originally, the state allowed medical marijuana patients, and their caregivers, to store and grow up to 99 plants.

    “I think the 99 plant thing really opened the floodgates. No other states (allowed) any numbers like that,” said DEA agent Kevin Merrill. “Outside organizations took advantage of that … If you got 10 people signed up, you effectively could have 999 plants in a residence.”

    Authorities believe that as long as there is demand from illegal states, the black market will continue to grow.

    View the original article at thefix.com

  • "Weeded Out" Game Show Aims To Educate Teens About Cannabis Use

    "Weeded Out" Game Show Aims To Educate Teens About Cannabis Use

    Some of the show’s target audience of young people have questioned whether Weeded Out presents all sides of the argument for or against marijuana use.

    The city of Denver, Colorado has launched a new marijuana education initiative aimed at providing teenagers with facts about cannabis use, as well as related health and policy issues.

    The campaign takes a decidedly different approach than previous programs: it’s a game show called Weeded Out, which quizzes teen contestants on marijuana fact and fallacy.

    As both High Times and CBS This Morning noted, the game show—which is reportedly funded by tax revenue from cannabis sales in Denver—underscores the city’s hopes that marijuana education programs can contribute to a decline in cannabis use among teenagers. But the show’s target audience of young people has questioned whether Weeded Out presents all sides of the argument for or against marijuana use.

    Weeded Out—which airs on social media—follows a traditional quiz show structure, with a panel of teenage contestants answering questions about marijuana. Those that answer incorrectly are “weeded out” until a final group of nine players is left. As High Times noted, the show adopts a Jeopardy-style format, with contestants fielding questions until a final winner is declared.

    Education programs like these make a difference, according to Ashley Kilroy, executive director of marijuana policy for the city. According to her, recent statistics show that the number of young people who report using marijuana over a 30-day period has dropped from 26% to less than 21% over the last two years—a trend also echoed in other states where marijuana is legal. “The numbers are showing that use has dropped significantly,” she said.

    But CBS This Morning found that the focus and tone of the questions asked on the show skew towards the risks involved in cannabis use, and do not always address possible medical benefits. Both the homepage and the Facebook page for the initiative, called High Costs, appear to lean towards a fairly gloomy view of marijuana use; videos on the latter address the connection between cannabis and bronchitis, performance and reaction time, depression and other issues.

    Students have picked up on the tone as well. “There’s obviously medical benefits to it, otherwise it wouldn’t be legal,” said high school junior Isaiah Diaz. “It’s not properly balanced.” Senior Hana Elghoul echoed his sentiment: “I think they are afraid to tell us the good side, just because they think it might influence the way with think,” she said. “They might encourage us to use it.”

    Some teachers who have observed the program and students’ reactions to it also feel that a more balanced approach could have greater impact on its audience. “I think at the end of the day, they want the whole truth,” said North High School teacher Vince Trujillo. “If you were able to bring both sides, I think more students would be in tune with that.”

    View the original article at thefix.com

  • Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    The Colorado couple say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    A couple of disgruntled property owners in Colorado are taking their neighbor to court over growing cannabis, which they claim has brought down the value of their property.

    According to the original lawsuit filed on behalf of Hope and Michael Reilly, “growing recreational marijuana is ‘noxious, annoying or offensive activity’ by virtually any definition because marijuana plants are highly odorous, and their offensive smell travels long distances.”

    The lawsuit, filed in 2015, saw its first day in Denver federal court on Monday (Oct. 29). Colorado has had a legal market for cannabis for adults 21 and older since January 2014.

    The Reillys, who own a little over 100 acres of rural property in Rye, Colorado, say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    It’s now up to a jury to decide if the Reillys have a case. Similar lawsuits against state-legal cannabis operations have been filed in California, Massachusetts and Oregon, according to the Associated Press.

    The neighbor targeted in the Reillys’ lawsuit is Parker Walton, who purchased 40 acres in Rye in 2014. Since then, he has built a 5,000-square-foot indoor cannabis growing and harvesting facility on his land, to sell his product to retailers.

    The defense says it can prove that the Reillys’ property value has not been harmed. In fact, according to the AP, the defense will argue that tax valuations of the couple’s property have gone up over time.

    Lawyers for the Reillys are suing under the Racketeer Influenced and Corrupt Organizations Act (RICO), federal anti-racketeering laws established to target the Mafia in the 1970s. In this case, RICO allows private parties to sue claiming their business or property has been damaged by a criminal enterprise, AP explains.

    If they can prove their case, they may be financially compensated for three times the damages plus attorneys’ fees.

    According to the Safe Streets Alliance, which filed the Reillys’ lawsuit, the lawsuit could impact the future of other state-legal cannabis operations.

    “In addition to shutting down the operations targeted in its suit, Safe Streets hopes that its use of the federal racketeering laws will serve as a model for other businesses and property owners who have been injured by the rise of the commercial marijuana industry,” reads its website.

    View the original article at thefix.com

  • Marijuana-Involved Traffic Death Report Shows Mixed Results For Colorado

    Marijuana-Involved Traffic Death Report Shows Mixed Results For Colorado

    The number of fatal crashes in which the driver tested positive for cannabinoids rose from 75 in 2014 to 139 in 2017.

    A new report on traffic deaths involving marijuana in Colorado has presented what seems like contradictory information: the number of fatal vehicular accidents involving Centennial State drivers who tested positive for marijuana rose in 2017, but the number of such fatalities in which the driver could be considered legally impaired by marijuana experienced an even greater decline.

    The dichotomy between the results underscored, as Reason noted as one of the primary challenges of ascribing marijuana use with traffic fatalities: that THC, the psychoactive compound found in cannabis, can be detectable in the system for up to 30 days, depending on a number of factors, so drivers who test positive at the time of a crash may not be legally impaired.

    The CDOT study essentially summed up the conundrum by noting, “The presence of a cannabinoid does not necessarily indicate recent use of marijuana or impairment.”

    According to the CDOT report, the number of fatal crashes in which the driver tested positive for cannabinoids rose from 75 in 2014—when legal recreational sales began in Colorado—to 139 in 2017.

    However, the number of fatalities in which the active THC level in the driver’s blood concentration could be considered legally impaired—which by state law is five nanograms per milliliter or more—dropped sharply during the same time frame, from 19 “cannabis-involved fatalities” in 2014 and 2015, which rose to 52 in 2016 before dropping again to 35 in 2017.

    CDOT spokesperson Sam Cole said that the department regards the number of traffic deaths in which the driver was legally impaired to be the most accurate means of measuring how the drug is impacting road safety in Colorado. As the Colorado Springs Gazette noted, that would indicate that marijuana-related deaths as a whole were on the decline.

    And while Cole reiterated the study’s assertion that the presence of THC does not necessarily indicate impairment, he told the Denver Westword, “Marijuana and driving is still a huge problem in Colorado. About 10% of our fatalities involve a driver who was at or above the legal limit for active THC, and we need to get that number way down. Any fatality above zero is one fatality too many.”

    Henny Lasley, co-founder of Smart Colorado, a non-profit that formed after the passage of Colorado’s recreational marijuana law, essentially echoed statements by the National Highway Traffic Safety Administration and the AAA Foundation for Traffic Safety, which noted, “The science of impairment is lacking.”

    What concerned Lasley in the report was an increase in the number of traffic fatalities involving drivers with more than one substance in their systems; drivers that tested positive for cannabis, alcohol and any other drug tripled from eight in 2016 to 25 in 2017.

    “The combination is very concerning,” she said.

    View the original article at thefix.com

  • Widow Denied Benefits Because Husband Used Pot

    Widow Denied Benefits Because Husband Used Pot

    “I am frustrated with the system that is saying because he smoked a legal substance, we are going to take away your benefits from you and your kids.”

    The widow of a Colorado worker killed in a ski lift accident is being denied half of the workers’ compensation benefits that she would normally be entitled to because her husband had THC in his system, despite the fact that recreational marijuana use is legal in the state. 

    “I’m scared, and I have no idea how we are going to make it,” Erika Lee told The Denver Channel. “We don’t know if we will get any money, so I’m just looking now at how to survive.”  

    Lee’s husband Adam was working as an electrician at a ski area when he was killed on the job in December. A toxicology report showed that Adam had high levels of THC in his system. However, current testing is not able to say whether he was impaired at the time, or had just used marijuana recently. 

    Still, Colorado state law allows employers to cut benefits by half if toxicology reports show drugs in a worker’s system at the time of death. This is true even for marijuana, which is legal to use for medical and recreational purposes in Colorado. Lee says that this means her family—including the couple’s children—will receive $800 less per month than they were expecting. 

    “I am frustrated with the system that is saying because he smoked a legal substance, we are going to take away your benefits from you and your kids,” Lee said.

    Even in states like Colorado where marijuana use is legalized, there continue to be grey areas in the policies around cannabis. This is especially true for workers, who have to follow their employer’s policy as well as state law.

    In fact, workers can still be legally fired for using cannabis, even though it is legal in the state. 

    “This is heartbreaking, and I think this should be a message to marijuana consumers in Colorado,” said Brian Vicente, a Colorado attorney who helped legalize marijuana in the state back in 2012. “We voters spoke loudly and said marijuana should not be illegal for adults. Yet we still have some parts of the Colorado revised statutes that appear to penalize people who are using this substance.”

    Lee plans to appeal the reduction to her benefits. However, experts say that the ruling is currently in line with state law. 

    “As it stands now, with a positive test result, an employer has the right to reduce those benefits,” said John Sandberg, an administrative law judge with Colorado’s Department of Labor.  

    Lee hopes that by sharing her story other people who use cannabis will be more aware of the potential risks. 

    View the original article at thefix.com

  • Marijuana “Tasting Rooms” Proposal Vetoed By Colorado Governor

    Marijuana “Tasting Rooms” Proposal Vetoed By Colorado Governor

    Critics contend that Hickenlooper’s veto will backfire, driving the rise of more unregulated, indoor clubs.

    Colorado governor John Hickenlooper vetoed a bill on Monday that would have allowed marijuana sellers to establish “tasting rooms” for their product. And while some observed that it wasn’t the first time Gov. Hickenlooper has shot down similar bills, the veto took the wind out of many Colorado pot retailers’ sails.

    Many sellers had hoped their state would allow people to use marijuana in a regulated, public space. In a statement explaining his veto, the governor cited concerns about impaired drivers and other public health issues.

    “We may agree with the proponents’ goals to protect the public and children; however, we strongly disagree that this bill is the correct path to achieve those goals,” Hickenlooper wrote.

    He was also concerned that passing the bill might prompt a federal crackdown on Colorado’s pot industry.

    The governor did, however, acknowledge that the most recent version of the bill was a far cry from previous versions. In fact, the bill “dramatically scaled back some advocates’ ambitions for stand-alone businesses reminiscent of a neighborhood bar or an upscale club,” The Washington Post reported.

    Interestingly, the bill that Hickenlooper vetoed didn’t allow marijuana to be smoked in the establishments themselves and also left it up to local municipalities to make decisions around “tasting rooms.”

    Proponents of the bill believed it could “resolve a stubborn conflict in Colorado and other states with legal marijuana,” given that while pot possession in Colorado is legal, public use (including in streets and parks) could lead to a police citation. By and large, most states have delayed developing statewide systems for public consumption.

    Alaska, the Post added, is one notable exception: regulators there will begin discussions later this month about letting people smoke pot inside stores.

    Denver regulators were forced by a voter-backed initiative into allowing sites, otherwise known as “social consumption facilities,” where customers bring their own weed.

    Still, state and local regulators assert a tight grip on the business models that govern those facilities. In fact, as the Post notes, “permitted locations have limited interest”—perhaps an understatement, given that Denver officials have issued one permit for a pot club, not to mention only receiving two applications overall since last summer.

    Meanwhile, others continue to watch Denver’s system closely: Las Vegas-area officials, for example, have been playing a wait-and-see game with their own licensure. If Denver’s system works, Las Vegas may follow suit.

    Until then, San Francisco is the only city in the U.S. that allows lounges where people can legally smoke marijuana products.

    In the meantime, critics contend that Hickenlooper’s veto will backfire, driving the rise of more unregulated, indoor clubs. Despite the setback, though, many proponents of the bill remain resolute.

    “In its wisdom, the Colorado Legislature sought to close a significant gap in regulation,” said Chris Woods, the owner of an Aurora-based marijuana retailer. “It’s unfortunate that the governor chose not to offer another regulatory tool to state and local regulators. This fight is not over.” 

    View the original article at thefix.com