Sensible Colorado

Strategic Plan for 2012

Brian — Thu, 22 Dec 2011 01:15:17 +0000

2012 is shaping up to be the most exciting year in Colorado marijuana reform history. Read below to learn how you can plug-in, and if you support this plan, don’t forget to become a monthly donor today!

Adult Marijuana Regulation

Working with an unparalleled coalition of state and national organizations, Sensible Colorado Action helped author and qualify a landmark measure which is poised to appear on the statewide ballot in November 2012. This initiative, the Regulate Marijuana Like Alcohol Act of 2012, will make Colorado the first state in history to tax and regulate marijuana for adults 21 and over. It will also legalize the production of industrial hemp and produce tremendous amounts of new tax revenue, with the first $40 million earmarked annually for public school construction. To learn more about the campaign– which currently has support from over 50% of Colorado voters– click here.

Medical Marijuana

Sensible’s four year campaign to assist low-income medical marijuana patients has finally succeeded! Starting January 1st, 2012, the annual medical marijuana registry fee will be lowered from $90 to just $35. For patients making under 185% of the federal poverty level (less than $20K a year for an individual), the registry fee will be completely waived. Finally, all sales at medical marijuana centers to low-income patients will be tax-free.

This upcoming year is poised to yield even more victories for patients. Sensible’s Director, Brian Vicente, has been reappointed to the Colorado Medical Marijuana Regulatory Advisory Board where he will continue his role in advocating for patients and providers. If you have ideas about how our medical marijuana laws can better serve patients, please contact our office.

Soon, we will be unveiling a new patient-centered public education campaign. This large-scale effort will encourage patients to “tell their story” to friends and community members, thereby combating prejudice and forging relationships between patients and the broader public. We need your help to launch this campaign! If you have a compelling patient story, please e-mail it today to Josh@SensibleColorado.org.

In another exciting step, Sensible plans to file another petition to add Post Traumatic Stress Disorder (PTSD) as a qualifying condition under Amendment 20. If you or someone you know has PTSD and uses medical marijuana please contact us.

Want to see this work happen in 2012? A donation of just $5, $10, or $50 a month can help us execute this ambitious plan, and solidify Colorado’s position as the national leader on commonsense drug policy. Become a monthly donor to Sensible Colorado today.

Historic Campaign Launched!

Brian — Thu, 07 Jul 2011 21:08:38 +0000

Massive Campaign Launched to Regulate Marijuana for Adults in Colorado

Learn More!

This week, Sensible Colorado, along with a broad and growing coalition of organizations and supporters launched a full-scale effort to legalize marijuana in Colorado in 2012. In a matter of days, signature gatherers will be stationed around the state educating voters and gathering the necessary support to place an initiative on the November 2012 ballot. The initiative will remove penalties for private marijuana possession and limited home growing, and establish a legal and regulated marijuana market for adults 21 and over.

To read the initiative and learn more about the effort check out the campaign’s BRAND NEW WEBSITE HERE.

The campaign went through an exceptionally exhaustive five-plus-month process to produce the initiative language, which we believe is incredibly strong and presents the best route to ending marijuana prohibition here in Colorado. We coordinated with dozens of organizations, attorneys, activists, patients, marijuana business owners, and other stakeholders, both in Colorado and around the country. We also solicited comments from the public via our organizations’ lists of thousands of Colorado reform supporters, magazine ads, and events around the state and incorporated much of this input. Please get in touch today to volunteer or learn more!

And don’t forget to DONATE to support this historic effort!

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*MEDICAL MARIJUANA UPDATE*

In other news, a time-sensitive effort is underway to overturn Longmont’s recent ban on medical marijuana dispensaries. Please contact Derek King who is leading an effort this weekend to overturn this heartless ban at 720 381 2581 to help.

Help Save Caregivers!

Brian — Tue, 07 Jun 2011 16:31:04 +0000

On June 15th, 2011 the Colorado Board of Health will consider adopting a set of sweeping rules that would end the caregiver model as we know it and further reduce patient rights. The Board of Health will consider rules; limiting caregivers to assisting five patients, requiring caregivers to perform daily activities for patients regardless of whether the patient needs or wants these activities, limiting when and how often a patient can change a caregiver, allowing law enforcement expanded power to access the patient registry, and other troubling amendments.

Please come to the hearing on June 15th, 2011 and tell the Board of Health to either adopt the minority reports or to go back to the drawing board. It’s time for the Board of Health to stand up for patients and caregivers and to stop pandering to the Attorney General’s anti-patient stance!

WHAT: Board of Health Public Rulemaking Hearing to limit patient and caregiver rights

WHEN: 9:00 am – June 15th, 2011

WHERE: Colorado Public Health and Environment, Sabin-Cleere Conference Room, Bldg. A, 1st Floor, 4300 Cherry Creek Drive South, Denver, CO 80246

WHY: To tell the Board of Health to stand up for patients and caregivers

PROPOSED CAREGIVER RULES

Allows the CDHPE to release patient information to local and state law enforcement upon request with either the patients’ registry number or the person’s name and date of birth.
Limits the number of patients a caregiver can serve to five, unless the patient obtains a waiver from the department for the primary caregiver to serve in excess of five patients
Requires caregivers to regularly assist their patients with “daily activities” regardless if the patient needs or wants such assistance.
Prohibits caregivers from joining together for the purpose of cultivating marijuana, but makes an exception if the caregivers live in the same house.
Prohibits caregivers from forming business ventures with other primary care-givers.
Stipulates what documentation a caregiver must have on hand if stopped by law enforcement.
May or may not allow caregivers to consult with and educate patients regarding the use of medical marijuana to fulfill the statutory requirement of having significant responsibility for managing the well-being of a patient.[1]
Requires caregivers to have their registry identification card or a copy of the patient’s application for the medical marijuana registry in their possession at all times that the caregiver is in possession of medical marijuana on behalf of the patient.
Prohibits delegation of the caregiver’s responsibilities for the patient to another person.
Prohibits caregivers from possessing or engaging in the use of medical marijuana in certain circumstances.
Allows individuals to notify the department of their willingness to be a primary caregiver and allows release of their contact information to patients and doctors solely for this purpose.
Limits caregivers to charging no more than the cost of cultivating or purchasing medical marijuana, plus charging for services provided.

PROPOSED PATIENT RULES

Prohibits patients from changing their caregiver more than once a month.
Prohibits a patient who designates a primary caregiver from being a primary caregiver for another patient.
Limits a patient to having only one primary caregiver at a time.
Sets strict waiver requirements for a patient to apply for a one year waiver from the five patient per primary caregiver limit, and allows the CDPHE to impose whatever terms or conditions it believes necessary on the waiver.
Sets the waiver requirements for a patient to apply for a transportation waiver due to the patient’s status as homebound or a minor, and provides appeal rights to patients regarding the department’s disposition of the waiver request.
Requires patients or caregivers to pay $200 per hour plus lodging and meals to subpoena a member of the CDPHE to testify in court, but waives the fee for state or federal government requests.
Allows the CDPHE to reject patient applications that are incomplete or missing an item and then allows them to completely deny the application if they reject it twice. (A complete denial means the patient would not be able to re-apply for 6 months!)
Requires a patient to renew their registry card if they are convicted of certain criminal offenses.
Prohibits patients from using medical marijuana in public or in a place open to the general public.
Prohibits patients or caregivers from possessing medical marijuana on school grounds or using it in any vehicle, motorboat, or aircraft.

[1] Since the Advisory Committee’s approval of the language allowing education and consultation to qualify as significant responsibility, the Office of the Attorney General has concluded that this language does not meet the statutory requirement that primary care-givers must do more than provide medical marijuana. Due to this legal insufficiency, the CDPHE is proposing new language for this definition and is soliciting public comment. The department will consider these comments, in addition to the comments of the Medical Marijuana Advisory Comittee members, and bring any revisions to the permanent rulemaking hearing before the Board.

2012: An Update on Legalization

Brian — Wed, 25 May 2011 16:57:47 +0000

As you might have read or heard, a broad coalition of organizations that includes Sensible Colorado has submitted language for a 2012 statewide legalization initiative in Colorado. The yet to be finalized measure would remove penalties for private marijuana possession and limited home growing, and establish a legal and regulated marijuana market for adults 21 and older.

We went through an exceptionally exhaustive five-plus-month process to produce the filed initiative language, which we believe is incredibly strong and presents the best route to ending marijuana prohibition here in Colorado. We coordinated with dozens of organizations, attorneys, activists, patients, marijuana business owners, and other stakeholders, both in Colorado and around the country. We also solicited comments from the public via our organizations’ lists of thousands of Colorado reform supporters, magazine ads, and events around the state. We are still engaged in the process of fine-tuning the initiative, so please do not hesitate to reply to this e-mail if you have any specific concerns or questions, which we will take into strong consideration and address as quickly as possible.

As you can imagine, it is incredibly difficult if not impossible to produce initiative language on which everyone will agree entirely. But it remains our sincere hope that supporters of reform across Colorado will feel comfortable with the final product, become part of this growing coalition, and work together toward our shared goal of ending marijuana prohibition.

Please e-mail us or give us a call to participate in this process. info(at)sensiblecolorado.org or 720 890 4247

Tell the US Attorney to Quit Playing Politics with Patients!

Brian — Thu, 28 Apr 2011 22:50:02 +0000

On April 26th, 2011, the US Attorney for Colorado, John Walsh, issued a politically-charged memo reminding Coloradans that his office reserves the right to prosecute medical marijuana patients (if Walsh doesn’t believe they are “seriously ill”) and medical marijuana providers—including licensed dispensaries that are following state laws! (See memo HERE)

This memo was one of five issued by U.S. Attorneys in different medical cannabis states in response to pending state medical marijuana legislation. While we think a large-scale crackdown on Colorado’s MMJ licensees is unlikely and this memo is largely political, we need you to let John Walsh know that he should stop grandstanding to the detriment of sick patients and should TAKE ACTION to establish a Medical Marijuana Advisory Committee to the U.S. Attorney’s Office for the District of Colorado. Click above to send an already drafted e-mail–it only takes 1 minute to help!

Sensible Colorado is committed to working with government officials to secure patient access to medicine, and would happily serve on an Advisory Committee comprised of patients, doctors, law enforcement, industry professionals, government officials, and other stakeholders.

Caregivers Under Attack (Again)

Brian — Thu, 28 Apr 2011 22:23:12 +0000

Once again, the Colorado Health Department (CDPHE) has launched an attack on medical marijuana caregivers.

Hiding behind the Attorney General’s questionable legal interpretation, the CDPHE has rejected the proposed definition of “caregiver” as put forward by the CDPHE Medical Marijuana Advisory Board. After studying the issue, the Advisory Board concluded that providing education about medical marijuana was sufficient to meet the definition of “caregiver”. The CDPHE rejected that idea (and disbanded the Advisory Board!) and is now attempting to require caregivers to regularly assist patients with “activities of daily living” including transportation, housekeeping, meal preparation, and more. This ruling will limit patient choice and force patients to find caregivers who will not just provide quality medicine, but also provide additional, and often unnecessary, services.

The CDPHE is taking public comment on the proposed rules until April 20th, 2011 at 5:00p. Please tell the CDPHE to amend their proposal to allow patients to choose what services their caregiver should provide! Send them an email here: cdphe.MMRAdvisoryCommittee@state.co.us

Just Say NO to a Caregiver Registry

Brian — Wed, 06 Apr 2011 18:11:54 +0000

Today the Colorado legislature will consider HB 1043. Like most legislation, it’s a mixed bag with both good parts– including expanded access for indigent patients– and bad parts.

One particularly bad provision would require medical marijuana caregivers– private individuals who grow for small numbers of needy patients– to register their grow locations with the Department of Revenue (DOR). This provision authorizes the DOR to give this information to local law enforcement who could check on these caregiver locations to ensure compliance with local laws. This is a solution in search of a problem. For years private caregivers have provided inexpensive medicine to patients, especially in areas where dispensaries are banned and patients have limited access to medical marijuana. If required to register and subject themselves to potential harassment by local police, many caregivers may leave the program and patients will have fewer options for accessing medicine.

Please call your state representative today to ask them to Remove the Caregiver Registry from HB 1043!

DOR Medical Marijuana Enforcement Division (MMED) Listens

Brian — Wed, 06 Apr 2011 18:09:01 +0000

After hours of testimony regarding patient privacy by activists like you, the MMED listened. On Friday, the State Licensing Authority and the state Attorney General’s Office approved and published its final rules for commercial medical marijuana businesses. The approved rules do NOT include the most onerous big brother provisions which would have required all patient sales to be videotaped with the patient’s ID placed on a 12 x 12 square along with the patient’s medicine. These final rules will not go into effect until July 1st, 2011.

Don’t let Medical Marijuana Patients get caught in the DUI dragnet!

Brian — Wed, 06 Apr 2011 18:06:14 +0000

The Colorado House of Representatives initially approved a bill that could criminalize sober drivers for “driving under the influence.” HB 1261 would declare anyone with five nanograms of THC per milliliter of their whole blood guilty of driving under the influence — even if the person could prove they were actually not impaired! The House of Representatives sent this bill over to the Senate. Please call your Senator and ask him or her to amend this bill to give drivers a chance to prove their innocence, by changing the “per se” limit to a rebuttable presumption.

No one, including us, would argue that people should be allowed to drive while impaired (be it from alcohol, marijuana, prescription narcotics, or Benadryl), so we support legislation that would take those drivers off the roads. However, by making a hard and fast limit for THC, Colorado’s DUID law will unfairly target medical marijuana patients who could have a higher level of THC in their blood without being impaired.

Please call your senator and ask that this THC count only be used as a presumption of being impaired, not a per se limit.

Legalization in 2012: What do YOU think?

Brian — Wed, 06 Apr 2011 18:03:27 +0000

Supporters of marijuana policy reform are coming together to produce a statewide ballot initiative that would end cannabis prohibition in Colorado in 2012. No single organization or individual is heading the effort; rather, there is a wide variety of activists, organizations, businesses, professionals, and other stakeholders working together to create and pass the best law possible.
Sensible Colorado, along with SAFER and other allies and organizations, are working to engage everyone possible in the process. We are soliciting input and feedback from the community, which we will bring to the table as an initiative is drafted by some of the most qualified attorneys and advocates from across Colorado and around the nation.

If you would like to take part in the process of putting together the best possible legalization initiative for 2012, please send an e-mail HERE. Let us know what you do or do not want to see in the initiative, or just let us know if you have any ideas or thoughts on the process. As you can imagine, we probably won’t be able to respond to every e-mail, but we assure you they will all be read and taken into consideration.