BORDER POT SHOP WATCHING LEGISLATURE

DENVER - Marijuana dispensaries statewide will be forced to change
their business models if state legislators have their way.

A bill introduced in the House earlier this month would require
dispensaries to be designated as state nonprofits and would allow
cities to regulate or ban dispensaries at their discretion. House
Bill 1284 is sponsored by Rep. Tom Massey, R-Poncha Springs, and
would also impose a one-year moratorium on the opening of new medical
marijuana centers.

The owner of Jane Medicals at the Denver-Aurora borderline is one of
many dispensary owners that might have to adapt to the proposed
legislation or face being run out of business in the coming weeks.

"What they're trying to do is keep businesses from actually
flourishing in this industry," said the owner, who goes by the name
James Hale. Hale doesn't use his real name because he's enrolled at
the University of Denver's law school and fears that pending state
legislation might damage his prospects of finding a job in the
future. He opened Jane Medicals four weeks ago. "I don't understand
the rational basis behind a lot of things they are proposing."

Another proposal, Senate Bill 109, would tighten restrictions for
patients seeking medical marijuana and doctors approving it for them.
Hale says he agrees with some of that bill's provisions but thinks
legislators ultimately want to limit or ban dispensaries.

"There are people that are abusing the system but that is not a
reason to deny all the people that really need it," said Hale, "We
have many, many patients that have real issues like migraines,
chronic soreness, depression, fatigue, injuries ... Just because
people abuse the system is no reason to get rid of the system."

Dispensaries shouldn't be treated any differently than liquor stores
or pharmacies, which are for-profit businesses, he said.

Massey says a change to a nonprofit model will not prevent dispensary
owners from making money.

"In essence, it changes their name and sets up a little different
model for them, but they can still operate within the parameters of a
regulated structure," Massey said. "If (they) adhere to the
regulatory model we put in place, they stay in business." His bill
would also require dispensaries to grow their own marijuana or
purchase it from another licensed medical marijuana center, as well
as require the businesses to report and pay monthly sales taxes.
People growing and supplying marijuana to five or fewer patients
would be protected under the bill.

Sen. Chris Romer, D-Denver, sponsor of S.B. 109, says the Legislature
is simply trying to find a middle ground in the medical marijuana debate.

"There are going to be people on both sides of this debate who will
be disappointed in the bill," he said. "We're going to figure out
something in the middle that's going to be a set of common-sense
rules for a new industry."

His bill would prohibit doctors from being paid by dispensaries to
write recommendations for medical marijuana, and it would require
doctors to assess the patient's medical history and conduct a
thorough physical exam before recommending medical marijuana to him or her.

The bill has passed through the House Judiciary Committee and is also
incorporated in Massey's bill.

Hale argues that some patients might not be able to afford doctor's
visits and would therefore obtain medical marijuana illegally.

"That's a legitimate point," Sen. Romer said. "We're particularly
worried about veterans who by definition cannot have their primary
physician write their prescription. I'm particularly sympathetic to
that, and I'm hoping that medical marijuana centers or clinics will
create a policy where they'll reimburse veterans for their medical
marijuana expenses."

But Rep. Massey says Hale's argument is invalid.

"If you have a problem with having a physical exam before you're
given a recommendation then I would have to question your
authenticity," he said.

Local medical marijuana advocacy groups are paying close attention to
the language in the proposed bills, making sure that patients' rights
are at the forefront of legislators' minds.

One of the main concerns for Brian Vicente, executive director of the
nonprofit advocacy group Sensible Colorado, is the provision in
Massey's bill that cities can ban dispensaries at their discretion.

"We think that just simply hurts patients," he said.

Ultimately, Vicente believes that the dispensary model will not be
threatened because voters will not allow that.

"I think we have a good chance of protecting the dispensary model,
that's generally the best way for sick people to access medical
marijuana," he said. "We also feel confident that if we're forced to
go to a vote of the people statewide, that we will win."

Polls show about 65 percent of Coloradoans support regulated
dispensaries, he said.

Aurora Police Chief Dan Oates has advised city council members at
committee meetings to oppose a dispensary model because he says there
is crime associated with the proliferation of dispensaries.

Vicente says his group receives dozens of calls each year from
patients who would like to see medical marijuana dispensaries in Aurora.

Thus far, applications for marijuana dispensary licenses have been
denied in Aurora.

"There's a growing frustrating that city councils, like Aurora's,
aren't looking out for the best interest of their sick citizens," he
said. "It's our hope that we can take action at the state level to
make sure that people in places like Aurora get protected."