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Susan J.

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Bill Regulating Medical Marijuana Dispensaries Passes First Hurdle

Posted by S. Bergstrom

on Friday, January 29, 2010

Bill Regulating Medical Marijuana Dispensaries Passes First Hurdle

A bill sponsored by Senators Romer and Spence has cleared the Health and Human Services Committee and is headed to the full Senate for a vote.

A bill that will further define the doctor-patient relationship as it relates to medical marijuana and medical marijuana dispensaries has cleared its first legislative hurdle. Sponsored by Senator Chris Romer (D-Denver) and Nancy Spence (R-Centennial), Senate Bill 10-109 will bar medical marijuana dispensaries from remunerating physicians as well as set guidelines for physicians to ensure their objectivity. The bill was passed by the Health and Human Services Committee by a 6-1 vote and will now head to full senate for consideration.

While the specifics of the bill will doubtlessly be amended, it now contains no language that will jeopardize the existence of medical marijuana dispensaries as such. This is a welcome change from the rhetoric that has weighed down the medical marijuana issue in recent weeks. The alternative House bill sponsored by Representative Tom Massey which would eliminate all dispensaries in Colorado has yet to gain significant traction, despite the fact that it's supported by both Attorney General Suthers and the Sheriffs' Association.

Indeed, the bill sponsored by Romer and Spence is gaining in popularity among dispensary owners who see it as a far less draconian alternative to going out of business entirely, as they would under Massey's proposal. The Romer/Spence bill specifies that dispensaries may not remunerate physicians for referrals, and physicians may not offer discounts or incentives at specific dispensaries. The bill would also create a review board that would review and approve the medical marijuana applications of non-veterans under 21 years of age. This is a dramatically scaled-back version of the review board Romer originally proposed last month.

All in all, those supporting the rights of Coloradans to obtain medical marijuana as is guaranteed to them under our state's constitution should be pleased with the developments so far this legislative season. It was widely expected the General Assembly would take up the issue, but it was unclear exactly what would be proposed. We are glad to see that moderate voices supporting sensible regulation have so far prevailed.