(719) 630-1123

2 N Cascade Ave Ste 1100
Colorado Springs, CO 80903
 (Map to Office)

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This law firm is a leader in providing legal advice for businesses in the medical marijuana industry.  Attorney Clifton L. Black, partner of Black & Graham, LLC, is legal council for NORML (National Organization for the Reformation of Marijuana Laws), a board member of the Colorado Springs Medical Cannabis Council, appointed on the Colorado Springs Medical Marijuana task force to create local ordinances, and has taught numerous classes and at seminars on the laws regarding medical marijuana in Colorado.

Medical Marijuana was approved by the voters of Colorado in 2000 as an amendment to Colorado’s Constitution.  Patients were allowed to apply for a medical marijuana registry card with the Colorado Department of Public Health and Environment in 2001.

The basics of the constitutional amendment is that a patient and the patient’s primary caregiver may collectively be in possession of 6 plants, with no more than 3 flowering, and up to 2 ounces of usable marijuana.

However, marijuana remains illegal under Federal law.  Since Federal law trumps Colorado state law many people were not willing to become a patient or caregiver.

In October 2009 the Federal Government issued a memo stating that its limited Federal resources should not be used to go after patients and their primary caregivers in states that allow medical marijuana as long as the patients and primary caregivers were in complete an unambiguous compliance with the state law.  This memo created the first rush to the market place for people that wanted to be primary caregivers, providing medical marijuana to patients.  In Colorado, dispensaries were opening at a rapid pace throughout Colorado.

The Colorado legislature became concerned that the business was out of control.  To gain control of the flourishing industry, the Colorado Legislature approved HB 10-1284 which was signed by the Governor in June of 2010.  This was the first attempt by a state in the United States to regulate the medical marijuana industry.  One of the provision of HB 10-1284 required medical marijuana business to be in business by July 1, 2010.  There was a moratorium that prevents new medical marijuana businesses from entering the market place.  The July deadline created the second rush to the market place creating market saturation.

In 2011 the Colorado Department of Revenue created 73 pages of rules that medical marijuana businesses must comply with.  Additionally HB 11-1043 became law changing some of the legalities in HB 10-1143.

Because the laws regarding the cultivation, possession, distribution of marijuana are so complex and cumbersome, it is vitally important to have competent legal council before even considering entering into this industry.  This firm represents countless people who have been charged with offenses relating to marijuana.  The main reason people get charged is because they do not seek competent legal council, get bad advice from attorneys that do not understand the medical marijuana laws, relay on rumors of what a person is allowed to regarding medical marijuana, or attempt to reach a legal conclusion based on internet research.  Do not risk your liberty by entering into the marijuana industry without complete competent legal advice from an attorney that focuses on this area of law.

Exploring patient/caregiver rights? Black & Graham can help.

(719) 328-1616

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