Pubdate: Sun, 11 Jan 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Pubdate: 11 jan 15
Author: Larisa Bolivar
Note: Larisa Bolivar is executive director of the Cannabis Consumers Coalition.

FIX POT LAWS, BUT LEAVE AMENDMENT 20 ALONE

The opening session of the Colorado General Assembly on Wednesday saw 
the introduction of Senate Bill 14, which would greatly limit medical 
marijuana patient and caregiver rights under Article XVIII of the 
Colorado Constitution (Amendment 20).

The reasoning behind the bill-sponsored by Sen. Irene Aguilar, 
D-Denver, and Rep. Jonathan Singer, D-Longmont-is the lack of tax 
revenue being generated from medical marijuana licenseholders. The 
argument to support the bill is that medical marijuana patients and 
caregivers are trumping laws to avoid paying taxes, and that 
caregivers are diverting marijuana to the black market.

Neglecting the many other reasons for black market growth, lawmakers 
are instead proposing laws that hurt everyone who voted for Amendment 
20 in good faith, and those who are not abusing the program.

In November 2000, Coloradans voted to allow medical marijuana use to 
treat qualifying conditions. Voters approved medical marijuana for a 
variety of reasons, but cannabis users and nonusers equally agreed 
that we should allow for the compassionate use of medical marijuana 
through bona fide relationships between patients, doctors and caregivers.

Fast-forward to the approval of recreational marijuana, and now 
medical marijuana is under attack and being blamed for things like 
tax evasion and fueling black market growth. While there is no 
argument against the fact that people are abusing cannabis laws, it 
is no different from people abusing laws in general (criminals will 
be criminals regardless of the vice). Attacking constitutionally 
protected rights and a law that people voted for in good faith is not 
the answer.

Instead of taking away the constitutional rights of law-abiding 
citizens because of the potential for bad players by putting burdens 
on patients-such as paying taxes, limiting plant counts, or violating 
confidential patient-doctor relationships-we should look at other 
ways to regulate the medical marijuana program. This means seriously 
considering the failings of the recreational market as well.

The most recent report prepared for the Department of Revenue on the 
marijuana market exclusively blames the medical marijuana program for 
black market activity, and ignores the multiple causes linked to the 
retail market, many of which have resulted in violations being issued 
by the Colorado Department of Revenue.

Keeping the existing medical marijuana program provides cannabis 
consumers with debilitating health conditions a choice in how they 
want to manage their individual care. Some people prefer the 
caregiver model, and some would rather just go to a store. The 
benefits of a caregiver are tremendous. They provide access to 
cannabis in remote areas or in localities that have opted out of 
medical and retail marijuana. Most important, even if they are only 
growing medical marijuana and not providing any other services, a 
caregiver is still a part of a patient's personal network of care, 
which is often too small.

As the 2015 legislative session gets underway, caregivers, patients, 
cannabis consumers, the cannabis industry and other stakeholders will 
have to be prepared to battle the backlash against the new cannabis 
laws. It is possible for a recreational market and medical marijuana 
program to coexist. It is up to everyone to work together to come up 
with laws that are fair while respecting the will of those who voted 
for Amendment 20 in good faith.
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MAP posted-by: Jay Bergstrom