A Look Back At 2010

MEDICAL MARIJUANA A HOT-BUTTON ISSUE FOR MOST OF YEAR

The Daily Record Editor's Note: The Daily Record's No. 1 story of
2010 is Medical Marijuana.

It's the issue that has divided communities around the state, sparked
an industry and forced the government to take notice and develop new
regulations.

Medical marijuana has been the hot-button issue of 2010 with several
changes in regulations and policy in Fremont County and the state.

Two major pieces of legislation were signed into law in June by Gov.
Bill Ritter.

Both bills were developed and sponsored by Sen. Chris Romer and Rep.
Tom Massey.

Senate bill 109 requires doctors who recommend the use of medical
marijuana to their patients have "bona fide" relationship with those
patients.

This relationship requires that doctors are familiar with a patient's
medical history, current condition and have conducted a personal
physical examination.

Physicians also have to document for the Colorado Department of Public
Health and Environment the malady for which he is recommending the
medication. Doctors also will not be permitted to perform the physical
exams at a dispensary or have any financial connection to a dispensary.

Meanwhile, House Bill 1284 -- the lengthier of the bills -- deals with
regulation of the dispensary system itself.

The concept of retail outlets for medical marijuana was not
contemplated in Amendment 20 -- establishing the rights of patients
and caregivers -- when it was approved by the state's voters in 2000.

The legislation provides a licensing structure similar to that used in
liquor establishments. It also includes language taken from gaming and
racing regulation.

The law allows municipalities or counties to choose to "opt-out" of
having dispensaries -- now called medical marijuana centers. This can
be done either by the city council or county commissioners or by a
vote of the citizens. Implementing a ban, however, would not exclude
patients or caregivers -- limited to caring for five patients -- from
operating within the jurisdiction.

Since the laws were enacted Fremont County, Canon City and Florence
governments have taken action to deal with dispensaries in their
communities.

Fremont County and Canon City have each enacted regulations of
dispensaries within their jurisdictions, allowing the companies to
operate.

Florence City Council, however, recently voted to prohibit
dispensaries and associated operations within the city limits.