November 03, 2009 07:48 PM UTC

MMJ City Council Meeting and Secret Board of Health Meeting

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• by: Whiskey Lima Juliet

(Smoke ’em if you got ’em. – promoted by Colorado Pols)

As a blogger, owner of a dispensary, a restaurant and as a private citizen, here is what I saw last night.

I attended last night’s council meeting about MMJ.  All I can say is the City is very confused on what to do, how to do it and exactly what an MMJ dispensary or patient is.

Here is how the POST saw it…

Two Denver councilmen back medical-marijuana sales tax

http://www.denverpost.com/sear…

We heard from Bruce Moore at the City Treasury and taxing authority.  He has no idea how to tax or what to tax.  By no fault of his own, there are some deep issues with Amendment 20 being in our Constitution and illegal on the Federal level.

Right now the State does not tax MMJ.  You heard right.  Most dispensaries pay sales tax so that they can not be prosecuted for tax evasion, but there is no clear authority to take the tax.  The City can not tell you today how much money has been raised through MMJ tax dollars, because they do not track it.  All dispensaries simply have a retail license. Members of the Council do believe we should be taxing MMJ, so do I.

We heard from Penny May at Excise and Licensing and Mike May in Zoning.  Both offered up no plan.  By no fault of their own or their departments.  It is hard to zone or license something that that doesn’t seem to “exist” legally.

Then we heard from Environmental Health, Nancy Severson.  There were some good points that I feel should be looked at.  MMJ Edibles are made anywhere, in any kitchen.  I do have an issue with this.  I am a licensed restaurateur; the public knows that coming into 8 Rivers, we understand what temperture food should be cooked, processed and stored.  We can also give ingredients and ensure that people with peanut and gluten allergies can safely eat at our restaurant.  Edibles at MMJ dispensaries have no control.  

THEN WE HEARD FROM THE POLICE.  

All I can say is WOW!  WOW!  WOW!  Ernie Martinez and Bill Nagle.  As a former Military Officer, I get policing and keeping order.  What burned me last night is that the cops want to create a boogie man.  And they are effectively doing so by repeating half truths and misunderstanding of the law.

Ernie Martinez stated that there is a spike in crime in surrounding dispensaries.  He gave no specifics, except for a number of home invasion robberies.  Councilman Chris Nevitt called him out on it immediately.  Nevitt stated that they have no idea if the home invasions have anything to do with MMJ.  He pointed out that his house was robbed three nights ago and that home invasions are a part of living in city.  The police officer had no response.

Martinez then went on to discuss that dispensaries are selling a “joint” for $7 – $10.  So, why are the cops concerned with what the free market gets for a product?  He stated that the mark up is three times higher than street value.  OK, so what?  The street criminal doesn’t pay employees, insurance, rent, and advertising.  The street criminal doesn’t provide a safe place for patients.  And besides all that, since when do the cops decided what my profit margin is?  And BTW, the mark up on a bottle of wine at a restaurant is 4 to 5 times cost. Are the cops going to regulate what I can sell my rum for?

In a startling part of the conversation, Martinez then also suggested that the Black Market is buying from dispensaries since a patient can buy 2 ounces every day.  Martinez suggested that patients load up and then sell it illegally on the street. Nevitt blasted him once again saying, “What dumb ass would buy for more than street value and sell it at a loss?”  By Martinez’ own statements he said dispensaries charge more than street value.

Why are the cops trying to create a boogie man?  Why are they misleading the public with fears that have not happened? The truth is for every dime that is spent at a dispensary, it takes a dime out of the Black Market.  Of the dispensary owners that I have met, none are invovled with the Black Market.

I was also shocked to see Bill Nagle show councilman Garcia his PFIZER tie that his brother the doctor, who works with Pfizer, gave him.  So the cops are connected to Big Pharma? WOW! He said this in front of me as I was standing there speaking with both men.

Anyway, on another low point, the Board of Health then called a secret meeting in a room that only holds 20 people for today at 10:30AM.  Please call in or show up.  Here are the details:

**EMERGENCY ALERT– PLEASE FORWARD WIDELY**

In an underhanded move, the Colorado Board of Health will be voting to

weaken the medical marijuana law at an “emergency” meeting on Tuesday,

November 3 at 10:30am in Denver.  At this stealth meeting the Board

will be voting to redefine what a “caregiver” is to require such

individuals to provide supplementary– and often unnecessary–

services beyond simply providing sick patients with medical marijuana.

”  This is like requiring my pharmacist to give me a massage or make me

a sandwich,” said Dan Pope, muscular dystrophy patient and medical

card holder.  “I can do those activities myself.  I need a caregiver to

give me medicine.  End of story.”

This meeting, which was announced in a late afternoon email to a small

handful of patient advocates, is another example of the state engaging

in underhanded tactics in their effort to undermine the medical

marijuana law and the will of the Colorado voters.  Please help hold

them accountable.

Here’s How You Can Help:  

(1) Attend the Meeting.  This meeting will occur at 10:30am on Tuesday,

November 3 in the Snow Room, 1st Floor Building A of the Colorado

Department of Public Health and the Environment, 4300 Cherry Creek Dr.

South, Denver CO.

(2) Call-in to the Meeting.  While we strongly prefer that you attend

in person, you can also call-in at 1-866-899-5399, conference code

3529725

(3) Spread the Word.  Please tell friends and family to attend the

meeting and forward this alert widely!