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State Scrambling To Enforce New Med Pot Rules

Full Enforcement Could Be Months Away

POSTED: 9:26 pm MDT September 1, 2010
UPDATED: 10:26 am MDT September 2, 2010

New regulations requiring marijuana dispensaries to grow a majority of their own marijuana went into effect Wednesday, but 7NEWS discovered that for the time being, there is little to no enforcement of the law.

Department of Revenue Senior Director of Enforcement Matt Cook said there are currently only three permanent employees who are capable of enforcing the regulations, and they are overloaded. But Cook said that does not mean dispensaries will not be subject to random checks.

“Local government may be checking it; other law enforcement agencies may be checking it,” said Cook. “We'll be responding to complaints as they come in.”

Cook said state law gives the department until July 2011 to issue licenses and offer full-fledged enforcement.

Dispensaries and medical marijuana advocates said until then, labor shortages at the Department of Revenue are leaving dispensaries to police themselves.

"It's up to the dispensaries to self-enforce," said Anthony Armor, the owner of Denver's Burnzwell medical marijuana clinic, which grows its marijuana in Fort Lupton and Commerce City. "I don't think the state of Colorado has the manpower."

Dispensaries are only required to submit a notarized, one-page form stating that they grow 70 percent of their own marijuana.

“Essentially what the Department of Revenue is asking for is an affidavit,” said Brian Vicente, executive director of Sensible Colorado. “We're not really sure how the enforcement of that one-page document is going to take place. Are they going to be knocking on peoples' doors tomorrow to see if they're in compliance? I think that's very unlikely.”

“It’s likely,” Cook insisted. “Very likely.”

Cook said the Revenue Department will check to see which dispensaries submit forms and which do not, and go after the dispensaries that are not compliant. On site enforcement will increase over the next year as the department hires and trains up to 80 employees to assist with enforcement.

Vicente said as enforcement ramps up, some dispensaries are still scrambling to comply with the new rules.

“We're seeing a number of shotgun weddings and mergers of dispensaries and growers as they try to figure out how they can both produce and retail this product,” said Vicente.
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