The Colorado Story

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The Colorado Story. Cook Consulting, LLC Matt D. Cook Cook.consulting@comcast.net mattcookco@gmail.com www.mattdcook.com (303) 949-8639. History of The Law Constitutional Amendment Statutory Provisions The Regulatory Scheme The Process – Why it Works. “History of the Law”. - PowerPoint PPT Presentation

Transcript of The Colorado Story

  • The Colorado StoryCook Consulting, LLC

    Matt D. CookCook.consulting@comcast.netmattcookco@gmail.comwww.mattdcook.com(303) 949-8639

  • History of The LawConstitutional AmendmentStatutory ProvisionsThe Regulatory SchemeThe Process Why it Works

  • History of the LawConstitutional Amendment 20Passed in the year 2000Caregiver Patient relationshipsAffirmative defensesPossession 6 plants per patient (5 patients)Possession of not more than 2 ouncesNo clarity 100s outletsMass confusionConfidential Patient registry Health

  • House Bill 10-1284Statutory not ConstitutionalMedical Marijuana CodeRetail For Profit Business ModelCenters (MMC), Grows (OPG), Infused Products (MIPS)License unique to person/placeOccupational licenses (owners, managers, employees, contractors, etc.)

  • History ContinuedVertical Integration ModelMMC-OPG Identical OwnershipMay have more than 1 GardenPlant Count/Patient Ratio6 plants 2 ounces per patient Ensures accountabilityTracked from seed to saleBioTrackTHC.ComRetail taxed sales from MMC Patientsbud, tinctures, oils, edibles, clones

  • Wholesale TierManufacturers of Infused ProductsEdibles, Tinctures, OilsMIPS may have garden/s (identical licd)Contracts with MMC No retail sales500 count Plant limit MaxWaiver available from MMEDALL retail sales Retail Centers ONLY

  • Cash Fund Created

    Industry pays for 100% - regulation NO General Fund DollarsNo taxpayer dollars usedCash Fund (Need + 16.5% Reserve)Need Total number of licensees1-10 FTE to Licensee ratioApplication fees

  • Application FeesMMC - 0-300 Patients- $7,500.00MMC - 301-500 Patients- $12,500.00MMC +500 Patients - $18,000.00MIPS - $1250.00OPCS - $1250.00

    8.3 Million Dollars

  • Regulatory SchemeThe Framework Legislative Process Best PracticesApplication Process (Approx. 35 pages)Business License ApplicationMedical Marijuana Center Optional Premises Cultivation License Infused Products Manufacturer

  • Key and Support LicensesDefined 12-43.3-401 (Background)Arrests 10 yearsFuture arrests (10 days)Tax Returns Two yearsIRS Authorization for release of InformationBalance SheetsSchedules all notes, mortgages, assets, etc.Denial, Suspension, Revocation - Any Professional LicensesResidences 5 years (2 years unless app. by 12/15/10 12/15/09 Employment History From Age 18Bank Statements 1 year (Individual & Joint)Credit Card Statements (Six months)Civil suits, any other lawsuitsGovernment Obligations - Child Support Current

  • World Wide Web Law Enforcement AccessCBI/DOR/CDPHE Workgroup CCIC QueryWeb Based InterfaceCenter validates PatientChecks System and Physically verifies IDReconcile Plants to patientsPrimary Center? Other Center?No Constitutional Protection (Statutory)Allowed 6 Plants - 2 Ounces per patientPOS System requirements 1200 noon Denver, C/Spgs, Pueblo???

  • Web Based Video SystemAccess From Anywhere, AnytimeOff Site DVR Back up RequiredRecords RequirementsEntire Limited Access Area (Anywhere MMJ)Visible Badge BackgroundTax DeterminationPharmacy, Cashier cage casinoTrack Seed - Plant - Patient (BioTrackTHC)100% Accountability (All activity)

  • Rule Making Work Group ParticipantsPatients, MMC, OPG, MIPS, local-State Gov, Law Enforcement, Legal Profession, Health, Agriculture, Testing Labs, Public at Large.Not always going to Agree.Record Rational BasisMust conduct a Public Hearing for all to testify AFTER Notice. (January 2011)

  • Rules Identified:Necessary for Control and RegulationPenalties (Fines - Up to $100,000)Duties of Officers SLA and local LLAInspections, Investigations, Searches and SeizuresUnfair Practices (below cost sales)I.D. Cards Employee requirements

  • Rules ContinuedSecurity, lighting, video, Alarm Requirements and other minimum procedures for Internal Control as deemed necessary by the SLA to Administer and Enforce LawsReporting RequirementsModifications of the Licensed PremisesStorage, Warehouses, TransportationSanitary Requirements

  • Rules ContinuedAcceptable IDs used for purchasesRecords to be kept and availability ofLicensing ProceduresReporting Monthly Sales Taxes and access to information by Staff to Verify.Administrative Citations, Penalty scheduleANY OTHERS MATTERS AS NEEDED for the fair, comprehensive administration of law.May NOT Set Prices.

  • Rules ContinuedUnlawful Financial AssistanceNOTHING shall be construed to LIMIT a Law Enforcement Agencys Ability to Investigate Unlawful Activity at ANY Licensed Premises.

  • Final RequirementsCoordinationApplicantLocal AuthoritiesRegional BasisSecurity systems, (Physical/video) POS systems, Records, Limited Access Areas Marked, Employees Approved -Badges, Questions Local Licensing AuthoritiesStatutory ComplianceLicense Issuance

    One of our officers recently stopped at a ranch in the Mountains , and talks with an old rancher. He tells the rancher, "I need to inspect your ranch for illegally grown marijuana."

    The rancher says, "Okay , but do not go in that field over there," as he points out the location. The officer verbally explodes saying, "Mister, I have the authority of the Government with me." Reaching into his rear pants pocket, he removes his badge and proudly displays it to the rancher. "See this badge? This badge means I am allowed to go wherever I wish, on any land. No questions asked or answers given. Have I made myself clear? Do you understand? "

    The rancher throws down his tools, runs to the fence and yells at the top of his lungs..... Show him your badge~! Show him your badge!

    Not the right way.more structured approach