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New Colorado Rules for Medical Marijuana Centers

The Colorado Department of Revenue has issued new rules relating to Medical Marijuana Centers (MMCs) in Colorado. They go into effect July 1, 2011. You can read the 77 pages of rules here.

Via e-mail received from Cannabis Therapy Center, which is still studying the rules, the Department of Revenue made some effort to comply with patient privacy and confidentiality but they fall short in some areas, for example: [More...]

The new rules state that "Surveillance recordings and clear still photos must be made available to the Medical Marijuana Enforcement Division and law enforcement upon an administrative or law enforcement request demonstrating that the information sought is relevant and material to a legitimate regulatory or law enforcement inquiry."

There is no definition of the word "legitimate", so this would probably require medical marijuana centers to give patient surveillance recordings to the Department of Revenue or any other law enforcement agency on demand, unless the medical marijuana center was willing to go to court to challenge the "legitimacy" of the request.

Here's a "Cliff Notes" version I just made from a first reading of the rules. Disclaimer: Do not take this as legal advice. This is intended only to inform readers and members of the public, in a general, non-legalese way of what the rules provide. It's not intended for those involved in the business of medical marijuana. Nor does it cover every section.

Authority for the rules: The State Medical Marijuana Licensing Authority was granted authority to make rules by the Colorado Medical Marijuana Code which went into effect on July 1, 2010.

The rules cover both medical marijuana centers (aka dispensaries and retail sales) and those engaged in medical marijuana cultivation. The cultivation sites are called "Optional Premises Cultivation Operation (OPC)." Both medical marijuana centers and OPC's can have an inventory of 6 plants or 2 ounces of marijuana for each patient that has designated them as their primary caregiver. If the patient is allowed more under state law, the centers and OPC's can have the increased amount.

Terms to become familiar with, particularly with respect to how inventory is counted