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Old 10-24-2009, 02:41 AM
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Default Panel Mulls Medical Marijuana Policy

Currently a hot topic across the nation, the regulation of medical marijuana dispensaries hit closer to home Wednesday afternoon.

The Cañon City General Government Committee directed City Attorney John Havens to draft an ordinance that will allow the sale of marijuana in certain medical instances only as a permitted use in the city’s business district.

Medical marijuana is not considered a prescription drug, meaning the treatment is subject to sales tax laws. The city already has issued one sales-tax license for a medical marijuana dispensary.

Colorado voters approved the possession, use and distribution of marijuana for medical purposes without the risk of prosecution and conviction in 2000. Non-medical use still is prohibited, as is the sale of marijuana to those not qualified to receive it for medical use.

However, federal statutes continue to prohibit the sale, possession and use of the drug, which effectively prohibits the very treatment the Colorado Constitution now permits. Just this week, the U.S. Justice Department issued a new policy memo telling federal prosecutors they should not arrest people who use or provide medical marijuana, providing they are in strict compliance with state law.

“The policy switch says the core priority is to deal with trafficking of illicit drugs, including marijuana,” Havens said, “rather than focusing on individuals in clear and unambiguous compliance.”

Municipalities throughout the state cannot agree on the regulation of medical marijuana dispensaries.

“There is no uniform approach, or even a group of approaches,” Havens said.

The only area of consensus is medical marijuana products are subject to sales tax, he said.

Havens will draft an ordinance to be reviewed first by the Cañon City Planning Commission and then City Council. Both boards will have public hearings on the issue.

http://www.420magazine.com/forums/in...na-policy.html
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