As the Denver city council prepares to vote on a series of MMJ regulations this evening, the most contentious issue remains zoning. While new restrictions may prove to have devastating consequences for growing operations in Denver, here are five issues we feel the city council has failed to adequately address:
1. Proposed licensing fees would cost small businesses thousands of dollars(Sec. 32-9). Fees for licensing grows and infused products manufacturers would be nearly twice what the state chargers, which lead some to ask if city employees were working at half the speed. The logic breaks down further considering the lowest fees are charged for the application process (where a majority of the work is done) and the highest fees are the licenses themselves. Penny May of Excise and License claims the fees are based on what it cost to license MMC’s, where they claimed they “hit their mark”. We’re expected to believe that the department guessed how much it would cost to license an entirely new industry AND that they nailed the number? That’s like saying you guessed how many jelly beans are in the jar at the state fair, then claiming you can do it again next year. We’d like to see the numbers instead of having the same fictitious ones rolled over each year.
Alternative: Increase initial application fees, reduce the cost of overall licensing, and combine businesses with multiple classes of licenses to a single fee.
2. Denver will ban MMC’s from delivering to homebound individuals (Sec. 24-508 -6-d). This provision would restrict access for patients that have the most devastating medical conditions. The only option for these severely ill patients is finding a caregiver who can purchase medicine on their behalf. Unfortunately, these same caregivers were banned from growing by the council last year. Needless to say, there aren’t many left.
Alternative: Amend this section to allow delivery to homebound individuals, as defined by the CDPHE, or allow caregivers to grow plants for up to five patients, as allowed by the state.
3. Licensed centers will be required to provide a $5000 tax bond (Sec. 24-508-a). The industry is being unfairly punished on the whole for the actions of a few by requiring a bond that is not required of similar businesses. Members of the medical marijuana community contribute a great deal in tax revenue to the city and are, for the most part, responsible business owners. Additionally, a $5000 bond does little to deter those who seek to “take their money and run”.
Alternative: Drop the city bond altogether.
4. Licensed centers may not be located within 1,000 feet of drug or alcohol treatment facilities (Sec. 24-508-4). This section is based on the misconception that anyone can simply walk in and purchase medical marijuana. That is not the case. Drug and alcohol treatment facilities are regularly located near liquor stores and bars, where they have immediate access. The argument was raised that seeing a medical marijuana center could trigger relapse, but so can a variety of stimuli.
Alternative: Remove the 1,000 ft spacing requirement or make it applicable to other relapse triggers: pharmacies, liquor stores, bars, and adult entertainment.
5. Denver would ban false or misleading advertising (Sec. 24-508-5-B). While this rule on face seems fair, it lacks any enforcement arm or penalties. Patients have no recourse if a center fails to live up to their side of a growing agreement after they are designated as a provider. Many ads promise far more than they can deliver, as well, putting honest centers at a competitive disadvantage.
Alternative: Provide specific penalties for false or misleading advertising.
The city council meets tonight at 5:30 at 1437 Bannock St. and will be accepting public comment. If you cannot attend, please visit their website and e-mail your representative regarding these issues.
