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. - --- MAP posted-by: Jay Bergstrom