Articles Posted in Colorado marijuana lawyers

Since Colorado legalized marijuana for recreational use in 2014, there have been concerns about whether consumers would be able to easily detect whether an edible was laced with marijuana or not. brownies

Now, a new state law that went into effect this months requires all edible marijuana products to come with a diamond-shaped stamp and the clearly-marked letters, “THC.” The letters will be stamped not just on the packaging, but also directly onto the food item. This feature is to go not just on the brownies, but on candy and other edibles. The rule came about after numerous complaints from the public that marijuana candies and edibles looked to similar to those that did not contain the drug.

Colorado is the first state among those that have passed recreational marijuana laws to have passed such a requirement. This new rule mandates a symbol that will be universal for all foods that contain marijuana so that consumers will easily be able to tell just by looking at the packaging – or the food itself – whether it contains the drug. This should also help parents and teachers too. A marijuana-laden cookie being passed around the table at a school cafeteria will be more easily identifiable to someone simply looking at the treat, without having to actually smell or taste it.  Continue reading

Treyous Jarrells played football from the time he was just a child. He endured hit after hit. There were concussions. There were torn ligaments and stretched muscles. The pain became chronic. football3

But he was chasing a dream. He landed a scholarship to Colorado State University, where he excelled. He averaged 5.2 yards per carry during his 2014 sophomore year. But what school officials didn’t know was that Jarrells was always under the influence of marijuana. He practiced high. He played almost every game high. He worked out high. None of his teammates or coaches or fans ever knew it, he says.

It wasn’t for the fun of it. It was to relieve the chronic pain without the risk of long-term damage. Specifically, he notes how common it was to see other players down five to 10 ibuprofens prior to practice every single day. Over the course of a few years, he says, that could do severe damage to one’s liver. For him, marijuana was his medicine. In fact, he was one of the 103,000 people in Colorado with a medical marijuana license who was legally allowed to grow the plant. The only risk, he says, was that he might get caught by his coaches, be sanctioned by the NCAA and lose his scholarship. Continue reading

Drivers from states where marijuana is legal cannot lawfully be singled out by patrol officers just because they have an out-of-state license, justices with the U.S. Court of Appeals for the Tenth Circuit ruled in a 2-1 decision. police3

In Vasquez v. Lewis, the Denver-based justices ruled it’s unconstitutional to pull over a driver simply because they have out-of-state plates. The civil lawsuit was against two highway patrol officers form Kansas who conceded they stopped a driver at least partially because his license plates were from a state “known to be home to medical marijuana dispenaries.” Officers characterized the entire state of Colorado as a “known drug source area” and the highway on which the driver traveled is a “known corridor.” Mind you, the highway to which the officers were referring is Interstate 70, which is 2,000 miles long and spans all the way from the East Coast to Utah. The driver also had a blanket in his vehicle, which officers asserted, “Might have obscured something.”

The officers also asserted the driver was “acting suspiciously” and was “nervous.” He also reportedly had a temporary tag taped to the inside of his tinted rear window, which officers said they were unable to see. However, the court rejected these other arguments. Justice Carlos Lucero, writing for the majority, wrote that police have to abandon this pretense that citizenship in certain states justifies traffic stops, particularly given that medical marijuana is now legal in 25 states, plus Washington D.C. If such practice was allowed, that would mean police would have reasonable grounds to justify the search and seizure of citizens in more than half the states in the U.S.  Continue reading

Colorado has been seeing more green than ever since it granted approval of recreational marijuana.
The Colorado Department of Revenue has reported regulated and licensed marijuana stores in the state sold nearly $1 billion worth of medical and recreational cannabis last year.

Sales of recreational marijuana first started there on Jan. 1, 2014.

It’s safe to say other states are likely taking notice of this, particularly when you consider the state itself collected more than $135 million in fees and taxes last year. Of that, more than $35 million has been set aside for school construction projects.

One of the main drafters of the original amendment that legalized cannabis in the state called those figures, “amazing.” He was especially impressed with the tax revenue figures.
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While much of the nation is moving toward support of medical marijuana use and marijuana decriminalization and outright legalization, those in opposition to this are taking their case to the Supreme Court of the United States (SCOTUS).

ussupremecourt2.jpgIn a recent case, officials from Oklahoma and Nebraska are claiming Colorado’s landmark legalization of marijuana for recreational use is causing an increase in drug crimes in their respective states. Specifically, they claim the increase in drug trafficking in their states has caused a “dangerous gap in the federal drug control system.”
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Those who advocate for safe, legal access to marijuana for adults are calling for a boycott against New Vision Hotels Two, the company that owns Holiday Inn, after the company filed a lawsuit aiming to challenge legal marijuana in Colorado.
In Safe Streets Alliance and New Vision Hotels v. Medical Marijuana of the Rockies et al., filed in the U.S. District Court of Colorado, plaintiffs allege a state-licensed marijuana store violates federal law and caused the hotel to lose business. The law seeks treble damages, costs and attorneys’ fees. The business also claims its brand could be damaged by the store.

However, the site in question hasn’t even opened yet.
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Under federal law, certain kinds of taxes have to be paid electronically.
This has proven a major problem for many marijuana dispensaries because they are unable to find a bank willing to allow those organizations to set up an account. Banks are leery because federal law considers marijuana to be an illegal Schedule I narcotic, and a financial institution that helps a marijuana distributor could be prosecuted for money laundering.

But without a bank account, these marijuana dispensaries have no way to pay those required taxes electronically because they can’t transfer funds. In one case out of Denver, a dispensary known as Allgreens LLC has racked up major fines for not following the letter of the law. The organization contested those fines, arguing it has tried for the last two years to secure a bank account, and has so far been unsuccessful. Those efforts are well-documented.
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The U.S. Supreme Court has granted the state of Colorado an extension as it prepares to defend against a lawsuit filed by Oklahoma and Nebraska, alleging their states are being polluted with marijuana by their neighbor.
Originally, Colorado was required to file a response to the litigation by February 16th. But in a one-sentence order, the highest court in the land allowed for a one-month extension, giving the state until March 27th to respond.

The lawsuit is being closely-watched, as it could be precedent-setting. Colorado was one of the first two states to allow for legalized marijuana for recreational use. Washington was the other. Twenty-three other states plus the District of Columbia have allowed for medicinal marijuana, and several others have largely decriminalized possession of the drug in small amounts by non-patients, though it remains a civil infraction in those areas.
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All businesses have their challenges, but there is one unique to those in the marijuana industry: Banking.
Despite the legalization of cannabis in a growing number of states, the federal government still considers marijuana illegal. That means traditional banks don’t want to risk being slapped with charges of money laundering for aiding and abetting known drug dealers. Where existing pot-based businesses had accounts, they’ve largely been shut down. Most in the industry have never had a bank account, never mind a loan.

This has led to a very serious dilemma: How can those in the marijuana business safely, effectively and legally manage their money without the assistance of banks?
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Nationwide, parents, medical experts, researchers, and activists have pushed for reform to help children with epilepsy gain access to medical marijuana. In an attention grabbing twist before the General Assembly, a child who was present to lobby in favor of medical marijuana testing had a seizure. According to local reports, the young girl whose family was spearheading charge to loosen medical marijuana restrictions in Virginia had a seizure at the General Assembly. Witnesses said that it was a powerful testament to the need for medical marijuana use in the state.

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The mother of the epileptic girl testified that she believes her daughter should be permitted to use medical marijuana. Based on prior experience, cannabis oil has previously alleviated and helped to curb her daughter’s seizures. Like many states where marijuana has not yet been legalized for medical use, parents and patients are becoming impatient with legislators who are resistant to changing state laws.
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