Dear Attorney General Holder,

As you know, the Colorado General Assembly is currently considering several bills designed to establish a legal framework to effectively regulate medical marijuana. Federal DEA raids of medical marijuana businesses, however, are complicating our legislative efforts.

While we realize it is unrealistic — and frankly unwise — to ask the Justice Department to suspend investigation or prosecution of those engaged in the trafficking and distribution of “recreational” marijuana, we hope you will consider imposing a moratorium on medical marijuana sector raids. These raids discourage dispensary operators, caregivers, growers and patients from providing testimony or recommendations to state lawmakers, hampering our ability to develop a workable and realistic regulatory arrangement for medical marijuana.

Again, we strongly support the efforts of state and federal law enforcement as they investigate, arrest, and prosecute the violent gangs and other criminal enterprises engaged in the illegitimate importation, production, and distribution of black market drugs. However, we believe it is a mistake to put the activities of the legitimate medical marijuana community in the same category as these criminal conglomerates.

We appreciate the Administration’s recognition of the very complex waters we are attempting to navigate between the Colorado Constitution and federal drug policy, and ask for your patience as we attempt to find that rational middle ground.

Thank you in advance for your assistance, and we look forward to hearing from you.

Sincerely,

Chris Romer
State Senator

Tom Massey
State Representative

Nance Spence
State Senator

Beth McCann
State Representative

Cc: President Barack Obama
Governor Bill Ritter, Jr.
Attorney General John Suthers
US Attorney David M. Gaouette
Resident Agent in Charge Tom Gorman, DEA
Special Agent Jeffrey Sweetin, DEA
Senate President Brandon Shaffer
Senator Joshua Penry
Senator John Morse
Speaker Terrance Carroll
Representative Paul Weissmann
Representative Mike May

See the workshop schedule below.

In response to recent raid activity, ASA Executive Director Steph Sherer and ASA CA Director Don Duncan will host special dispensary staff trainings and community response meetings.

Monday March 1st (Ft. Collins)
4:00-6:00p   Raid Preparedness Training
7:00-9:00p  Emergency Response Community Meeting

In a large showing of solidarity, Sensible Colorado along with its allies protested very visibly directly across the street from the Fillmore Auditorium where President Barack Obama was appearing.  The protest garnered tremendous media attention and drew attention to the recent DEA raids on legitimate medical marijuana facilities in Colorado.  Such raids violate the President’s formal policy on medical marijuana, and violate the Colorado Constitution.

DENVER, CO — On Thursday, February 18, at an event to be attended by President Obama, medical marijuana patients and supporters will participate in a protest of the continuing federal raids of medical marijuana patients and providers in Colorado.  This event is a response to the recent Drug Enforcement Administration raids of two front-range medical marijuana testing facilities and the Feb. 12 raid of a licensed medical marijuana grower in Highlands Ranch.

“These DEA raids are out of compliance with both the will of Colorado voters and that of the White House,” said Brian Vicente, event organizer and director of Sensible Colorado.  “In particular, the recent, armed raid and arrest of licensed medical marijuana provider Chris Bartkowicz, highlights the rogue nature of the regional DEA office.  “President Obama needs to be made aware of this agency’s miscreant actions.”

Colorado voters passed a medical marijuana law in 2000.  In October, 2009, the Department of Justice issued a memo instructing federal agents to refrain from focusing resources on the arrest and prosecution of individuals following state medical marijuana laws. That memo is available here.

WHAT:   Medical Marijuana Protest at Event Attended by President Obama

WHO:    **PHOTO-OPPORTUNITIES AVAILABLE** with Sign-Waving Medical Marijuana Patient, Providers, and Supporters.

WHEN:  Thursday, February 18 from Noon - 1:00 PM

WHERE:  Across from the Fillmore Auditorium, at the corner of Colfax and Clarkson in Denver, CO.  See Directions HERE

**Note ballots petitions are not yet available to sign.  Please check our website for further updates.**

On Monday, February 1, 2010 Senate Bill 109 passed the Senate by a vote of 34-1.  In addition to clarifying the definition of a doctor patient relationship the bill establishes the process for patients who qualify as indigent to have the annual medical marijuana registry fee waived.  “This is a tremendous victory for many seriously ill patients who are on fixed incomes and have been previously burdened with this expense for the past decade”, said Dan Pope of Sensible Colorado.  Answering the call of these patients was the Sensible Patient and Provider Coalition (SPPC) which strongly pushed for the waiver as it made it’s way through the Senate.  The SPPC, made up of various patient and provider groups, will continue to work with legislators as the issue of medical marijuana works it’s way through the capitol.

Please join the executive director of Sensible Colorado, Brian Vicente, as he addresses the Denver City Council during it’s final public hearing regarding the licensing of medical marijuana dispensaries in Denver. You can read Council Bill 34 clicking here.

WHAT: Denver City Council public hearing on the licensing of medical marijuana dispensaries

WHERE: Denver City Council Chambers, 1437 Bannock St., 4th Floor, Room 451, Denver CO

WHEN: Monday, January 11, 2010 at 5:30 PM

State-level Regulations:

• Establish statewide, uniform application and licensing for dispensaries and growers
• Establish a Board within DORA (Dept. of Regulatory Affairs) to serve as a licensing authority for clinics and growers.  The Board should be comprised of experts from the medical marijuana field including patients, caregivers, medical professionals, and others
• Establish a uniform sales tax statewide and a regular retail sales tax at city/county level
• Allow incorporated caregiver entities to be recognized as a caregiver, including protection for employees of these organizations
• Define differences between personal/small grower and commercial grower.  Provide the caregivers with ID cards.
• Utilize existing health and safety enforcement, food quality & labeling requirements for MMJ edibles
• Allow local municipalities to regulate zoning issues, but not ban dispensaries
• Establish a 24 hour call line for law enforcement personnel
• Prohibit employers from firing an employee on the sole basis of off-work, off-site medical marijuana use
• Provide Colorado universities the authority to research medical marijuana