[bouldercouncilhotline] Hotline: Medical marijuana

[kohls at bouldercolorado.gov]

Sender: Becker, KC

Council:

A couple news articles from the last week in the Denver Post reported on a recent US Department of Justice memo which states that medical marijuana dispensaries are legitimate targets of prosecution. A July 1, 2011 Denver Post article states, "In a memo written earlier this week, Deputy Attorney General James M. Cole wrote that people, 'who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities' are in violation of federal law regardless of their state laws."  The article continues to state that, "federal officials have periodically re-asserted their authority to prosecute federal crimes, including marijuana distribution, regardless of state law. But Cole's memo is the clearest statement to date that the Obama Administration does not believe dispensaries should have legal shelter."

The entire medical marijuana industry in Boulder and all of Colorado, at least as I understand it, is predicated on the assumption that the dispensaries would be free from federal prosecution during the Obama administration and that the federal government would defer to state and local laws on the subject. This is obviously not the case. 

Given the recent announcements by the USDOJ, I'd like to City Council to get an update from the City Attorney's office on any discussion or efforts other Colorado cities, the state, its regulatory bodies, the State AG's office, the NLC or other groups are taking to address the status of the medical marijuana industry.  Given that prosecution of Boulder business owners, residents, and potentially city staff is quite possible because of a system that Council authorized, I don't think this is something we can ignore. We need to consider what, if anything, we should be doing in response to the memo and what other cities who have authorized dispensaries in Colorado may be considering.  For all I know, Colorado governments may be considering defending the relevant state and local laws, shutting down dispensaries, or just taking a wait-and-see approach. I'd like to get a better handle on potential options and strategies.

I know that our upcoming meetings are packed. Therefore, I'd like the Council Agenda Committee to schedule this discussion for an appropriate time in the next couple months. Because it could require a lot of time from city staff, I understand that I might need a nod of 5 to have staff proceed with any work. If such is the case, I'd like to get that nod at our next business meeting. 


For a link to the article, go to Federal memo: Medical-marijuana dispensaries are prosecution targets - The Denver Post http://www.denverpost.com/news/marijuana/ci_18391545#ixzz1RQHLwv1b



KC Becker
Boulder City Council Member