Colorado marijuana lawyer

March 1, 2017

Colorado Supreme Court Rules Cops Can’t be Compelled to Return Your Cannabis

A Colorado Springs resident lost his bid to recover the marijuana that was seized from him by police – even though he’d been acquitted of crimes related to that possession – because, as Colorado Supreme Court justices ruled: Doing so would require that police officers become distributors of marijuana. As such, they would be violating state law to do so. police

This precedent-setting ruling, which overturned the Colorado Court of Appeals, has the potential to influence sister courts in other states, and in the event there is conflict, the possibility that it will require input from the U.S. Supreme Court. The state-level appellate court had held that police officers were required to return marijuana to defendants who won their court cases alleging illegal possession.

But now, the Colorado Supreme Court justices say that to do so would require police to become complicit in violating the Controlled Substances Act. Continue reading

January 6, 2017

Cannabis Surveillance Systems Are Growing Industry

By Cannabis Law Group

Of all the industries to crop up around marijuana legalization, surveillance systems are among those that are growing the fastest.

You have probably taken note if you have moseyed on into a marijuana grow operation in Colorado an array of colored bar codes. Every single plant is tagged with either a blue or a yellow bar code, either stuck in the soil or tied to the stalk. Each tag has a bar code and a Radio Frequency ID chip. Then, if you take a glance around, you’ll probably notice there are security cameras watching your every move at all times. The badges worn by workers allow the company to follow them from room-to-room. Inspectors may drop by without prior notice, just to make sure the amount being produced matches the records on file with the state, which tracks it all in real time.

All of these security systems are high-tech – and costly. It’s budding into a multi-million dollar industry, and it’s one of the only reasons we’re able to safely shift this plant from the black market to a major commodity sold to the over-21 public on store shelves. Continue reading

November 25, 2016

Social Marijuana: Coming to Denver in Bars, Restaurants, Yoga Studios

By Cannabis Law Group

California was one of the first states to approve recreational marijuana and now, it will be the location of the first “social marijuana” allowances. That is, marijuana is going to be allowed in bars, restaurants and other venues, per Proposition 300. This was approved by voters in Denver the same day California and two other states legalized pot for all adults. (Five other states approved marijuana for sick patients.)

This measure will make Denver the first in the nation to allow bars and restaurants the option of offering patrons the chance to use marijuana while they’re drinking a cocktail or enjoying a meal. However, there is a big catch: Patrons will not be allowed to imbibe indoors. Only outdoor smoking will be allowed, and even then, businesses will have to first get the green light from their neighbors. Patrons could still use cannabis or derivative products inside the establishment, but only if it wasn’t smoked.

The measure is just one of an increasing number of indications that our society’s tolerance of the drug is growing. Supporters are calling the move “sensible,” and an effort to allow adults to enjoy – but responsibly. Continue reading

November 7, 2016

Legal Liability for Commercial Marijuana Landlords

By Cannabis Law Group

A Forbes finance and technology reporter recently explored the ways in which the legalization of marijuana across the country has created a scramble for those in the real estate industry. Snapping up commercial warehouses and other properties that will be desirable for marijuana cultivation, processing and distribution is a focus of many investors at this juncture.

warehouse

The Wall Street Journal reported that growers are most interested in warehouses bigger than 80,000 feet. Some indoor marijuana farmers want warehouses that are between 8,000 feet and 20,000 feet. These spaces can be primarily used for processing, packaging and storing.

We’re already seeing how this can be profitable for those in commercial real estate. Take Colorado, for example, where CBRE (Commercial Real Estate Services) reports that lease rates for industrial properties in northern Colorado (near Denver) are up to $8.40 per square foot in the first six months of 2016. compare that to the national average for industrial rent, which is at $6.30 per square foot. The marijuana industry has increased the cost of warehouse space for 60 percent, and renewal rates have spiked by 25 percent. Continue reading

October 31, 2016

Report: Colorado Marijuana Potency Higher Than Most

By Cannabis Law Group

It’s been more than two years since Colorado began allowing the sale of recreational marijuana. Now, according to a new report by CNN, consumers in that state have access to some of the most potent pot in the country.

As of right now, there are no regulations in Colorado that limit the amount of THC there can be in the drug’s plant form or in edibles. There was proposed amendment on the table, filed by state lawmakers, that would cap the amount of allowable THC in any given marijuana product to 16 percent. According to one state study, the average potency for marijuana products in Colorado is more than 17 percent for cannabis flowers and 62 percent for marijuana extracts.

Supporters of these potency limits say more research needs to be conducted in order to determine what is a “safe” level of the drug, as the health impacts of consuming high concentrations of the drug are largely unknown. However, opponents say the 17 percent figure is arbitrary, and perhaps even “unconstitutional.” The proposal failed to garner enough support to pass this most recent session, though it is certainly not considered a dead issue, by any means. Continue reading

October 2, 2016

Report: Summer Sales of Marijuana Break Records in Colorado

By Cannabis Law Group

Colorado’s monthly marijuana sales tore through records this summer, reaching an all-time high in July of nearly $123 million. That accounts for sales of both recreational and medicinal marijuana, and it represents a 27 percent boost from the sales of July 2015.

Money in the form of many large bills

July marijuana sales also soared past the previous record, set in April 2016 (during a month that includes the yearly 4/20 marijuana holiday), which was $117.4 million. Medical sales accounted for about $41 million of that total, while recreational marijuana sales totaled about $77 million.

Meanwhile this July, sales of recreational marijuana in Colorado spiked at $83.8 million, according to the state’s department of revenue. Continue reading

September 7, 2016

Federal Appeals Court: License Plate Profiling Illegal

By Cannabis Law Group

Drivers from states where marijuana is legal cannot lawfully be singled out by patrol officers just because they have an out-of-state license, justices with the U.S. Court of Appeals for the Tenth Circuit ruled in a 2-1 decision. police3

In Vasquez v. Lewis, the Denver-based justices ruled it’s unconstitutional to pull over a driver simply because they have out-of-state plates. The civil lawsuit was against two highway patrol officers form Kansas who conceded they stopped a driver at least partially because his license plates were from a state “known to be home to medical marijuana dispenaries.” Officers characterized the entire state of Colorado as a “known drug source area” and the highway on which the driver traveled is a “known corridor.” Mind you, the highway to which the officers were referring is Interstate 70, which is 2,000 miles long and spans all the way from the East Coast to Utah. The driver also had a blanket in his vehicle, which officers asserted, “Might have obscured something.”

The officers also asserted the driver was “acting suspiciously” and was “nervous.” He also reportedly had a temporary tag taped to the inside of his tinted rear window, which officers said they were unable to see. However, the court rejected these other arguments. Justice Carlos Lucero, writing for the majority, wrote that police have to abandon this pretense that citizenship in certain states justifies traffic stops, particularly given that medical marijuana is now legal in 25 states, plus Washington D.C. If such practice was allowed, that would mean police would have reasonable grounds to justify the search and seizure of citizens in more than half the states in the U.S. Continue reading