In a 2015 Denver Post interview, a Colorado lawmaker predicted that Cannabis Clubs, similar to bars, would soon be coming to Colorado.
Obviously there is a large segment of our population who prefers smoking cannabis to drinking alcohol.
And there is no doubt a group of enterprising entrepreneurs who would provide the supply for that demand in the form of cannabis clubs.
Currently the City of Denver has an initiative on the ballot THIS WEEK that would allow the opening of cannabis clubs in the city of Denver.
My Response Is: It’s About Time!
Many cannabis proponents such as myself are hoping this initiative will pass, as we believe this is the direction in which we are going anyway.
But with the introduction of cannabis clubs, their new owners need to consider a lot of potential legal issues that could arise.
They need to anticipate these issues, prepare for them, protect themselves in advance, and be ready if a lawsuit arises.
THARPE LAW and ONRETAINER.CO, a law firm and consulting agency specifically focused on the cannabis industry, can help you.
A Chilling Effect on Your Cannabis Business
Will the police be waiting around the corner of every cannabis club hoping to make DUI arrests?
This of course could create a chilling effect on your cannabis business.
Will there be any smell, noise or parking issues with any neighboring residential areas?
Will there be both indoor and outdoor smoking areas? How will they be ventilated? Will the smoking areas be away from public view?
What about liability for cannabis clubs if a patron has an unintended overdose or adverse reaction? Who’s responsible for that?
If a patron leaves a cannabis club, gets behind the wheel, and then gets into an accident, who’s responsible for that?
Would cannabis clubs be liable under a Dram Shop-type theory of liability—like bars that continue to serve intoxicated customers who later have auto accidents that injure or kill people?
How do operators of cannabis clubs know when a person is intoxicated—especially since the effects of some cannabis products have a somewhat delayed effect?
How do operators of cannabis clubs know what a patron may have ingested prior to arriving at the club?
What Does the Policy Say?
Are you able to obtain premises liability insurance coverage for your business?
What are you covered for? What are your exclusions? What are your policy limits? What are you responsible for if you get sued?
All of these are legal issues that need to be considered thoroughly when entering the cannabis business.
Take the First Step
The first step is associating an effective attorney to be a member of your team. Call 956-255-5111 today to schedule an appointment!