Marijuana Laws: Monitor and Challenge

Pursuant to Colorado state law on cannabis, local municipalities have the right to vote in restrictions within their local jurisdictions. Some of the restrictions that we’ve seen include:

  • Limiting the number of licenses granted in that city (imposing caps)
  • Allowing dispensaries for medical patients only (no recreational sales)
  • Not permitting any sales after 7:00 p.m.

Cities can even vote to prohibit cannabis consumption altogether, and there is an initiative like this on the ballot this November in Pueblo, Colorado.

Denver Approves Caps

Earlier this year, the Denver City Council approved caps on the number of stores and grow houses within city limits, which will strictly limit new business trying to enter the cannabis industry.

Until it is challenged, the Denver ordinance makes permanent the closure of the medical market to new dispensaries and grows.

Entrepreneurs who want to enter the cannabis industry will need to open in areas other than Denver.

Courageous business leaders and creative attorneys need to challenge city-mandated quotas on Constitutionality and theories of Restraint of Trade and Discrimination.

Constantly Changing Marijuana Laws

The flux of new laws in this area—and what seems like constant change—requires that if you are in the marijuana business, you need an attorney on your team who is smart, aggressive, passionate about the cannabis industry, and knows how to navigate this area of the law.

The new rules also require recreational grows to be at least 1,000 feet from schools and residential zones. And all license seekers, including those seeking renewal, must submit “good neighbor” plans.

Odor ordinances are also being proposed for future legislation.

Clearly, the voices against the cannabis industry are being heard by local governments. The marijuana industry needs to have a voice in this process as well.

Certainly, neighborhood concerns must be considered, but city councils need to hear the concerns of the cannabis industry as well.

Our business has been authorized by state law and the voice of the people.

Yes, agreements and concessions need to be made, but where demand clearly exceeds supply, as is the case in Denver, the number of dispensary licenses do not need to be restricted.

Since the marijuana industry is newly regulated—and legal—many new startups have no experience running a proper legal business.

You will need:

  • a real estate agent to help you obtain a location;
  • an accountant and financial planner;
  • a bank (if you can find one that accepts cash, and an alternative banking system if necessary);
  • a security system in place;
  • insurance (specialized coverage can be obtained);
  • a marketing plan
  • Specific businesses may need a master grower/extractor, or other specialized personnel.

Legal expertise is what we provide, and why you need US on your team from day one—from startup to the day you open your doors, plant your first seed or clone, or make your first harvest.

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