Letter of the Law

A new movement arises as nearly two dozen Colorado dispensaries get put on notice by the feds

Rumors had circled for weeks about which state would be “next.” United States attorneys had already issued cease-and-desist letters last fall to collectives in Washington, Montana and other states that were near schools and parks. With medical marijuana enshrined in the Colorado constitution, many believed that the feds would leave the issue to the state. Others thought the fact that the local industry was so highly regulated would be enough to quell DEA concerns.

They all received their answer on Jan. 12.

When U.S. Attorney John Walsh issued similar letters to 23 Colorado dispensaries, the industry took notice as it marked the largest federal intervention in the fledgling market. Business owners were struck with a difficult proposition: find a way to move their operations or stop them all together. If they’re attempting the former, they may have a difficult road ahead.

The crux of the problem lies in square footage. Federal drug penalties double in areas that are located 1,000 feet from schools, parks and public housing. With schools loosely defined and a robust city park system—Denver has the most in the nation at 205—it’s tough for dispensaries to avoid them. Additionally, many centers that operate within that 1,000-foot barrier were grandfathered in by the municipalities in which they resided, making them legit under state law. It wasn’t just the shops near these restricted areas that were alarmed, however.

“We assembled a community meeting at Sensible Colorado and brought in as many industry and patient stakeholders as we could,” explains Brian Vicente of Sensible and Vicente Consulting LLC. When most industry groups in Colorado showed up, it became clear they’d need to divide into committees and figure out a plan of action. Or a day of action.

Stakeholders decided to host this “Day of Action” on Jan. 25, according to Vicente, to “get as many patients, activists, and business owners to call their federal representatives.” Using social media outlets like Facebook and Twitter, hundreds of volunteers were soon dialed in to the joint effort. Participating centers distributed fliers and sent out emails to educate their patients as well.

While Vicente describes many owners as “scared, angry and confused,” they did manage to find common ground.

“I think one positive thing to come out of this is it brought what was previously a fractured movement together,” he says. “We had every major medical marijuana group in the state getting together for this one day of action, and that’s remarkable.”

Still, with orders to cease operations by Feb. 27, some owners may not have a stake in those groups much longer. Some municipalities will allow for dispensaries to move into new digs, but there are just as many questions that arise as problems solved for most. Since few state licenses have been issued, many are in the midst of lengthy application processes that involve inspections and diagrams of the to-be licensed premises.

PART OF THE SOLUTION

For patients looking to get involved, there are a number of ways to make an impact. Brian Vicente of Sensible Colorado encourages folks to contact Sensible Colorado “or any of the other major advocacy groups in the state—even reach out to your dispensary owner and ask them to be a part of the coalition.” You can contact Sensible Colorado at (720) 890-4247 or info@sensiblecolorado.org.