Colorado is unique regarding the dispensing of Medical Marijuana. The Colorado State Constitution and corresponding state statutes were enacted based upon certain amendments to the State’s Constitution and has in effect made Medical Marijuana legal within the State of Colorado. There are various ways a person can be involved with Medical Marijuana legally; whether operating a dispensary, being a caregiver or as a patient.
While operating a dispensary may be legal under the laws of the State of Colorado State, it remains illegal under existing federal law. These contradictions and inconsistencies between state and federal law make owning and operating a dispensary and/or an off-site optional grow facility in the State of Colorado a legal challenge.
State law compliance in Colorado, with regard to the sale of Medical Marijuana does not constitute a legal defense in the event the federal government elects to bringing criminal charges based upon the unlawful sale or distribution of marijuana. Likewise, it does not provide a defense to the potential seizure of one’s real or personal property utilized in relation to the state authorized facility. It has been Mr. Marks’ experience, that the majority of the dispensaries that have been confronted by the federal authorities have not been in full compliance with Colorado State laws.
As a WARNING–If you own or operate a licensed Medical Marijuana dispensary or off-site licensed grow facility in Colorado, it is extremely important that you follow and adhere to all Colorado laws regarding that enterprise. However, it is imperative to understand and fully appreciate the fact that full State compliance is not a defense nor bar to a potential federal prosecution and/or seizure. Mr. Marks has represented numerous clients who have varying levels of involvement and participation in the newly established areas of Medical Marijuana.
If you own or are thinking of starting a Medical Marijuana Dispensary in Colorado, you should consult a Medical Marijuana Attorney as soon as possible regarding your compliance with current and upcoming statues. Colorado Drug Defense Attorney Stan Marks offers a complimentary phone consultation to Medical Marijuana dispensaries in Colorado and throughout the United States.