NEWS: Medical Marijuana dispensaries in Elbert County?

On December 23, 2009 Elbert County Commissioners placed a moratorium on opening any medical marijuana dispensaries in Elbert County. The moratorium, set to last until June 23rd 2010 prohibits the 'construction, alteration or use of any building, structure or property in unincorporated Elbert County for medical marijuana dispensaries' and was put in place just as an an intention to open a dispensary In Elbert County was announced at that same Commissioners meeting. You can read the minutes to the Dec 23, 2009 meeting here.

With the moratorium in place, Elbert County officials are watching closely as State lawmakers present a number of new bills that would limit dispensaries and prescribing physicians in a number of ways.

February 3rd, a Bill was unveiled that would force dispensaries to become nonprofit "health centers" and would require more stringent background checks on both owners and employees. In addition the Bill includes a distinction between large and small-scale dispensaries with different requirements for each. The Bill has not yet been introduced.

Senate Bill 109, sponsored by Chris Romer (D- Denver) and Nancy Spence (R - Centennial) passed 34-1 this week and includes a requirement for patients 21 yrs and younger to get opinions from two doctors before being allowed to receive medical marijuana. In addition, physicians would be required to give full exams to anyone requesting the drug.

While lawmakers are presenting and passing Bills, law enforcement officers across Colorado as well as here in Elbert County are busy trying to make sense of it all. In some cases, this has brought about arrests including in Brighton Colorado on January 16th, officers arrested three people on suspicion of dispensing marijuana to patients without proper documentation. Allegedly, the dispensary was set up to both prescribe and provide marijuana to patients.

Many are asking the seemingly simple question - when is it legal for a medical marijuana patient to purchase - there seems to be no clear answer as yet. In fact, the entire topic of medical marijuana - both use and dispensaries - seems fraught with complexity, potholes in the law (no pun intended) and remarkably few clear answers. For law enforcement officers, there are many questions still unanswered including clarity in dealing with inmates who may have medical marijuana prescriptions.

In the workplace, complications for both employees and employers arise as some ask if medical marijuana patients are protected from discipline at work - in most cases so far it would seem that the answer is a firm 'no'.

One thing is clear on an issue that is otherwise anything but clear - stay tuned!

Source: Examiner