Marijuana

Hickenlooper: States have ‘sovereignty’ on recreational marijuana issue, a ‘great social experiment’

DENVER – Colorado Gov. John Hickenlooper seems to have warmed to the legal recreational marijuana industry in the state, according to comments he made Sunday on NBC’s Meet The Press.

Moderator Chuck Todd asked Hickenlooper, who is in Washington for the 2017 National Governors Association Winter Meeting, on his thoughts about the recreational marijuana industry and how it might be affected by new U.S. Attorney General Jeff Sessions. Continue reading

Data: Crackdown on legal marijuana industry would cost thousands of jobs, billions in revenue

DENVER – White House Press Secretary Sean Spicer’s Thursday statements that the Department of Justice may crack down on states with legal recreational marijuana could lead to far-ranging effects on the burgeoning industry should they hold any water.

A Forbes report based on data from New Frontier Data says that if the legal marijuana market continues to grow unimpeded by the federal government, the industry would create more jobs than the manufacturing industry by 2020. Continue reading

White House compares recreational pot to opioid crisis, says DOJ will be ‘taking action’

WASHINGTON – White House Press Secretary Sean Spicer said at Thursday’s daily press briefing that he expects the Department of Justice will be “taking action” against states that have legalized recreational marijuana, and at the same time seemingly compared recreational use to the nationwide opioid crisis.

“There’s a big difference between [medical] and recreational marijuana,” Spicer said. “And I think that when you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing that we should be doing is encouraging people.” Continue reading

Adams Co. marijuana grow leads to uncovering of large grow, distribution operation linked to Neb.

DENVER – A Westminster man’s illegal marijuana grow led North Metro Task Force and federal agents to four of his other grow-houses and uncovered a distribution ring that linked to Nebraska.

The bust was described in court documents filed Thursday in the U.S. District Court of Colorado that backed a U.S. attorney’s notice of complaint for forfeiture of around $65,000 in cash seized from the man’s grow-houses.

The task force first found out about Timothy Koch’s alleged grow and distribution operation in May 2016, when they went to a home in the 11000 block of Clay Court in Westminster on a complaint that the house smelled of marijuana.

Inside, they found Koch’s brother, Jason Koch, who eventually agreed to let officers inside to inspect the grow. Jason told officers his brother was renting the house, and that he had recently moved to Colorado from Nebraska and was being paid $20 an hour to trim and package the marijuana for his brother.

After getting a full search warrant, detectives found 278 pounds of marijuana, 2 ½ pounds of marijuana concentrate, $65,119 in cash, a money counting machine and paperwork for other properties Timothy owned or was renting.

Jason told investigators that people in a white pickup from Nebraska would come to Westminster every few weeks to pick up between 60 and 120 pounds of marijuana from the house.

Jason said Timothy would leave shortly after the pickup and head to Nebraska as well. Jason said Timothy would return a few days later each time with between $80,000 and $120,000.

He also told investigators that Timothy was renting or owned four other properties across Colorado, in Thornton, Broomfield, Dacono.

Timothy’s neighbor across the street in Westminster also had a marijuana grow operation that was allegedly part of the distribution ring.

Agents raided those facilities as well, and by the end of the raids, had seized 360 pounds of dry marijuana, 2.67 pounds of marijuana concentrate, 638 plants and the $65,119 that is in DEA custody.

Also found at the houses, according to the complaint, was a rejection letter from the state Medical Marijuana Registry and documents related to the properties and several marijuana-related businesses.

The DEA agent who compiled the report added that Timothy had reported a combined $31,000 in combined income in 2015 and 2016 via Smile Labs, a company registered in his name.

Timothy Koch has been charged in Adams County with marijuana cultivation, marijuana distribution of between 25 and 50 pounds, marijuana possession with intent to distribute between 25 and 50 pounds, manufacturing marijuana concentrate and marijuana conspiracy.

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Colorado marijuana leader says dismantling of industry would cause a recession

DENVER – Despite new figures that show Colorado’s marijuana sales topped $1 billion for the first time ever last year, there is some concern in the state over what could happen to the burgeoning business under new U.S. Attorney General Jeff Sessions.

Sessions is on record in the past saying that “Good people don’t smoke marijuana” and that “marijuana is not the kind of thing that ought to be legalized” and that it is “a very real danger.” Continue reading

Colorado officials say they’ll stand up to Trump’s immigration orders, but some Coloradans fearful

DENVER – President Donald Trump issued an executive order Wednesday that would strip all federal funding from cities and counties, including several in Colorado, that do not help federal agents target and deport people specifically for living in the U.S. illegally.

Another order signed Wednesday will affect visas and immigration from a handful of predominantly-Muslim nations in Africa and the Middle East that have large immigrant populations in the Denver area, and is causing further concern and questions among those groups. Continue reading

Denver law group suing DEA over its blanket classification of cannabinoids

DENVER – A Denver-based law firm specializing in cannabis law is suing the Drug Enforcement Agency over its December announcement that it would be applying a Schedule-I classification to extracts with any cannabinoids derived from the cannabis plant.

The Hoban Law Group filed the lawsuit Jan. 13 in the U.S. Court of Appeals for the Ninth Circuit, based in California, on behalf of three of its clients: the Hemp Industries Association, RMH Holdings, LLC and Centuria Natural Foods, Inc. Continue reading

Proposal to fix K-12 funding shortfall calls for higher pot tax, less in senior property tax breaks

DENVER – Colorado Gov. John Hickenlooper wants the state Legislature to cut a property tax exemption for senior homeowners and to increase the state special sales tax on marijuana for the upcoming fiscal year in order to bridge a state budget gap that hits K-12 education the hardest.

The request, made by the governor and the Office of State Planning and Budgeting and submitted Tuesday to the Joint Budget Committee, seeks to address a projected $106.2 million shortfall in the budget first submitted last November. Continue reading

Adams County appeals to Colorado Supreme Court to uphold special marijuana sales tax

ADAMS COUNTY, Colo. – Adams County will appeal to the Colorado Supreme Court to try to continue collecting a tax on marijuana sales that goes to a scholarship fund for low-income county students.

The county had been collecting a 3 percent tax on recreational pot since summer 2015 after it was approved by voters, but the cities of Northglenn, Aurora and Commerce City sued the county over the taxes, saying it didn’t have the authority to impose the tax.

The Adams County District Court ruled in September 2015 that the tax would be allowed, but that decision was reversed by the Colorado Court of Appeals in December.

Now, the county is appealing to the state’s high court to uphold the taxes, which it continues to collect pending the appeal.

The money from the tax goes to the Adams County Scholarship Fund and is matched by the Colorado Opportunity Scholarship Program. The four-year scholarships go to students who are part of free and reduced school lunch programs in Adams County.

The county says the tax generated $500,000 for the fund in its first year. It says more than 50 students received scholarships from the program in May, and that another $1 million in scholarships will be awarded this year.

“Our residents understood the money generated from this tax could be used for education, and they overwhelmingly supported the tax by voting for this measure,” said Board Chairman Steve O’Dorisio in a statement. “The county will pursue all legal avenues to preserve its authority to collect this tax on retail marijuana that voters in every municipality approved.”

Some recreational marijuana sellers in the county have argued that the tax rate being higher than other cities and counties put them at a competitive disadvantage because of higher prices.

The county says it plans to file its petition with the supreme court sometime this month.

Should the court agree with the appeals court ruling, the county may have to pay the money back.

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New laws on medical aid in dying, minimum wage, HOV lanes, medical marijuana in effect

DENVER – A handful of Colorado laws will take effect either by the end of this month or as of Jan. 1 next year that will bring major changes for drivers, workers and the terminally-ill, among others.

PROPOSITION 106 – MEDICAL AID IN DYING

The first law to come into effect is likely to be the “right-to-die” measure, Proposition 106, which was approved by voters in the Nov. 8 General Election.

Colorado Secretary of State Wayne Williams certified the state’s election results and signed off on the measure late last week.

Now, Gov. John Hickenlooper has 30 days to sign the measure, and other successful ballot measures, into state law. Should he not sign off on the successful measures, they will automatically become law after the 30-day deadline.

But Hickenlooper is expected to sign Proposition 106 by the end of the month.

Voters approved Proposition 106 by 64.9 percent. Terminally-ill patients seeking end-of-life prescriptions will be able to start requesting them as soon as Hickenlooper certifies the results.

The proposition would change Colorado statutes to allow any “mentally-capable” adult aged 18+ with a diagnosed terminal illness that leaves them six months or less to live to receive a prescription from a licensed physician that can be taken voluntarily to end their life.

The person’s primary physician and a secondary physician would both have to confirm the person has six or fewer months to live, and would also have to be deemed mentally-capable enough to make the end-of-life decision by two physicians as well.

The change in statute would create immunity from civil or criminal lawsuits, as well as from professional discipline, for the physicians aiding the patient in dying. Under current law, those physicians face felony manslaughter charges for doing so.

But it would also be a class-2 felony for anyone to tamper with a request for the end-of-life medication or coerce a patient into making an end-of-life decision

Colorado is the fifth state to legalize similar measures. Oregon, California, Vermont and Washington already have similar laws on their books. Montana’s law books leave the question open as to whether such measures are legal in the state.

Read more on Proposition 106 here.

MINIMUM WAGE INCREASE KICKS IN JAN. 1

Another ballot measure that will go into effect almost immediately will be the state minimum wage hike – which was approved by 55.4 percent of voters in November under its ballot moniker, Amendment 70.

Starting Jan. 1, the statewide minimum wage will change to $9.30 per hour for non-tipped workers. It will rise by $0.90 per hour each year until it reaches $12 an hour on Jan. 1, 2020.

The current minimum wage for non-tipped workers is $8.31 per hour and $5.29 for tipped workers. Starting Jan. 1, tipped workers will make $6.28 per hour. Colorado law mandates tipped wages remain set at $3.02 less than non-tipped wages.

By 2020, the minimum wage for tipped workers will be $8.98.

The current federal minimum wage is set at $7.25 per hour for non-tipped workers and $2.13 per hour for tipped workers.

Starting in 2021, the minimum wage will again be tied back to the state’s consumer price index, though Amendment 70 would change the constitution to prevent a decrease in the minimum wage if the cost of living falls.

THREE-PERSON HOV LANE REQUIREMENTS START JAN. 1

Also beginning on New Year’s Day will be the three-person requirement in order to use the HOV express lanes between Denver and Boulder.

Currently, drivers only need one passenger to use the lanes, but the Colorado Department of Transportation made the new plans to require an extra passenger in 2013.

CDOT told Denver7 earlier this month the three-person requirement will keep the lanes from getting too crowded, and that toll revenue generated by users will help offset the costs of building and maintaining the lanes.

Anyone who breaks the new three-person rule is subject to a $250 fine.

Resources for finding carpoolers can be found here.

NEW RULES FOR MEDICAL MARIJUANA GROWERS, CAREGIVERS

Also set to become effective Jan. 1 are new rules for medical marijuana growers and primary caregivers for medical marijuana patients passed in a bill in 2015.

The rules were part of the bill that targeted people selling illegal marijuana by implementing more oversight over growers.

Starting Jan. 1, primary caregivers will be the only person allowed to grow and provide medical marijuana to a patient if they utilize a caregiver. Licensed medical marijuana growers will also be allowed to sell medical pot.

But the primary caregivers growing medical marijuana will have to register the location of their grow, their patients’ registration numbers in the medical program and plant counts with the state.

Transporters will also have to tell the state the number of plants or amount of medical marijuana going to each patient, as well as who the product is going to.

Primary caregivers will also be limited to growing and transporting up to 36 plants unless their patients have an extended plant count. They will be limited to 99 plants even with the extended count.

Also included in that bill and set to go into effect Jan. 1 is a voluntary patient registration for people growing more than six plants. They are allowed to grow up to 99 plants. The law says any information from voluntary registrants will be kept private, though their grow locations would be verified by the state.

The law says most of the new facets going into effect Jan. 1 are aimed at protecting growers and patients from law enforcement operations targeting illegal grows, after some agencies voiced concerns over a lack of knowledge of who was growing legally and who wasn’t.

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