Do Marijuana Collectives Have a Future in Colorado?
Category: Dispensaries | Posted on Sat, June, 1st 2013 by THCFinder
The marijuana legislation signed by Colorado Gov. John Hickenlooper on Tuesday includes language aimed at preventing unlicensed pot stores from operating as nonprofit corporations:
No person shall form a business or non-profit, including but not limited to a sole proprietorship, corporation, or other business enterprise, with the purpose or intent, in whole or in part, of transporting, cultivating, processing, transferring, or distributing marijuana or marijuana products without prior approval of the state licensing authority and the local jurisdiction.
The Denver Post reports that MJ Proper, a 501(c)(3) organization that delivered marijuana buds and marijuana-infused beer to its members, has suspended operations in response to this provision. The paper says "collectives that provide pot to members at or below cost...face uncertain prospects now that laws governing legalized marijuana in Colorado are on the books." But on its face, the new prohibition applies only to formally organized nonprofits like MJ Proper, not to collaborative efforts by friends, neighbors, or acquaintances. And a mere statute cannot override Amendment 64, the marijuana legalization initiative that is now part of the state constitution. Among other things, Amendment 64 allows people to grow up to six plants for personal use, possess the marijuana produced by those plants, transfer up to an ounce at a time "without remuneration," and "assist" others in growing and consuming marijuana. That leaves considerable leeway for people to pool their efforts and resources to produce marijuana, either as an alternative to state-licensed outlets or as a stopgap measure before they open next year.
Read more: http://reason.com
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