Sunday, September 30, 2012

All Things MMJ with Jessica LeRoux - Sept. 30, 2012

Hey Now,
Well there went the Summer, I hope some of you at least made a couple good days of it while keeping up with the changes and challenges of the MMJ business in these confusing times. As of this week we will be delivering to Co Springs EVERY tuesday, so get your orders in ASAP for this week's delivery... And go see the freekin colors, the Aspens in vail are boomin, Telluride is Amazing, and the drive over from T-ride to Durango is off the Hook, top prize in the state is Rico, it may be remote but it is worth the drive! Get on it before the 3-6 days of fall foliage are played out, the snow is coming, and some of it was already falling on me this weekend.

Just in from the MMED, cant imagine what they are licensing since the MMED currently has No statutory authority to issue a vendor license for any person to carry or handle meds... at this time vendors only have statutory authority to Fix equipment and property associated with a licensed MMJ business location.

Special Vendor Only Registration (By Appointment Only)
Friday, October 5, 2012, 9:00 AM - 2:00 PM
Please call 303-205-3330 to set an appointment
Call Today - Time Limited Space if Available


1st off here is the link to the issue we are discussing, Thursday 9/20 Ms Harris issued a "position statement" regarding Brokering Wholesale Transactions...

The thing we need to stay focused on here is not the issue of wholesale transactions, but more importantly the boldly contradictory stances Ms Harris takes in her statement.
We should start applying the Directors own support of her position in her "Division Analysis" specifically: "Any activity not explicitly allowed by the code is not Authorized." ** to the MMED's current contradictory activities across the board...
If you read below into the commisions section she writes... "The Code clarifies that a licensee is granted privileges to sell, manufacture, or cultivate medical marijuana on its licensed premises. See CRS 12-43.3-310(8) (a). Privileges are Specific to the licensed location and entity holding the license, and it is specifically prohibited that any other person not holding the license exercise those privileges. Id " *
* Jessica's note, this passage and the MMED advisory panel discussions about it, has always been my foundation for my beliefs that transport services, brokers, and trim crews were illegal, (also Note Mr Cook and Mr Hartman did not sign off on such vendor Licenses, but Ms Harris, did in fact sign off on them, and she has later publicly admitted at an NCIA (recreational use oriented group) event that she is aware that she has no statutory basis to do so.** see above: division analysis re activity not specifically authorized in the code.)
Yet the MMED's own website defines Vendor license thusly... "All businesses that work within the Medical Marijuana Industry providing services to industry members and whose employees commonly work within restricted areas of the MM business or take custody of Medical Marijuana products for transportation – example of such businesses would be trim crews that travel from facility to facility to harvest Medical Marijuana crops or couriers that transport Medical Marijuana from facility to facility. This application include the cost of one Key Occupational License for the individual that takes responsibility of the action of the registered business (this includes a background check on that individual). All employees of the vendor that will be working within the Medical Marijuana industry must also obtain an occupational license"
This is per MMED, specifically not per 1284, 1043 etc... I see a direct conflict here, and this needs to be fixed legislatively not by presto-chango of the Code to suit the MMED's past actions...

My observation is that one key sentence in the Division's position is: Said Owner is not authorized to receive ANY(my emphasis) pecuniary gain, Such as Monetary commission, from transactions related to operations in which he or she does not hold and ownership interest, the disclosure of which is otherwise required pursuant to article 43.3 of title 12.
#1. How does this apply to licensed Vendors who transport medicine? they get paid a fee to deliver meds they have no statutory authority to handle, and have no ownership or employment with the company they deliver for...
#2. How does this apply to the slew of "vendor licensed" edibles wholesale brokerage groups, which again have neither statutory authority nor legal ownership over the companies they distribute products on behalf of?
#3 How does this one sentence apply to Vendors in general, since they are not "Said Owners"? ( I feel this goes back to what I have repeatedly said that Vendors cannot be middlemen on any transactions where they gain by being party to any sale or handling of Meds. Vendors are intended to be complimentary businesses who are paid by the MMJ business owner for services rendered on the property or equipment of a legal MMJ business, period.)
** again please see above division analysis re activity not specifically authorized in the code.

Ms Harris continues... " The Code not only mandates that the State Licensing Authority require a "complete disclosure of all persons having a direct or indirect financial interest" in each licensed(sic) issued, but it also prohibits individuals from having an unreported financial interest in a license.* CRS.... Assuming for the sake of this analysis, a licensee could broker a wholesale transaction outside the confines of Section 12-43.3-402(4) the code does not explicitly allow said licensee to receive a commission for brokering such a transaction. The division believes a commission in this instance would constitute an indirect financial interest in another licensee's license, and such activity is not allowed.*
Thus even a licensed medical marijuana center owner is PROHIBITED from receiving a commission. ie, holding an unreported financial interest, in another licensee's license*..... (blather omitted)...... The division believes neither wholesale transactions nor commissions from brokering activity between two other Licensees is Authorized pursuant to the Code."
* What the fuck? So does all this apply to Vendors and Wholesale Brokerage services too, per the above statement about privileges, or not.... the MMED cant issue licenses for one type of entity (which it has already done) in direct conflict with the division's own analysis against that type of transaction on this issue** again please see above division analysis re activity not specifically authorized in the code.

I have a letter in to Ms Harris requesting clarity on wether this position applies to MIPs and how it applies to Vendors who have already been licensed to do third party brokerage of MIPs and Raw Medicine... It has been a week, and I still await a response.

It is pretty disappointing the way things are going at the MMED these days, I hear rumors that the rule making panel will reconvene in coming weeks, if you want to be involved, please reach out to Ms Harris this week and throw your hat in the ring, hopefully we can reshape the pool of industry influence away from the current cabal of self interest groups...
and now they are working about 1/3 time which may explain the delay in response times...
Beginning Monday, September 24, 2012 New Office Hours:
Monday and Wednesday 8:00AM - 1:00PM
Tuesday and Thursday 8:00AM - 5:00PM
Closed Fridays

more on the global warming front...
Medical marijuana gardens suffering after lengthy, hot summer

Medical-marijuana-is-illegal ruling impacts new case, prompts letter to state, federal leaders. Last month, we reported about a medical marijuana court case with blockbuster potential -- a ruling by an Arapahoe County...

Solidarity Mark Bustos, hang in there and dont give an inch.
County reconsiders marijuana ordinance Courier editor ALAMOSA — Now that Alamosa County has a medical marijuana ordinance in place, it may be time to amend it. During a work session on Wednesday, Alamosa County Land Use Manager Juan Altamirano told county commissioners the county’s ordinance lacks provisions for variances or waivers f...

Mad Props to Jake Wolf, super drummer and community leader! See... if a dead cover band drummer can run for office, and be smarter than the entire republican ticket, you can do it too! get involved people!

If you are anti-obama please dont vote for Romney and his cadre of misery peddlers and drug war & prison profiteers as a knee jerk reaction, if you want to make a statement about the broken system please vote for Gary Johnson.
Romney advisor’s reefer madness Mel Sembler, GOP's top drug policy aid, founded a rehab that “treated” 50,000 teens with a dehumanizing routine
The implications for businesses like ours where having a bank account is a rare luxury are staggering. not to mention our legal tender which we would be using in our cash only business would put most of us in this spotlight...
"The Eleventh Circuit US Court of Appeals has ruled that private contractors operating toll roads on behalf of the state have the power to detain and store records on motorists who pay by cash at toll booths – another example of how using cash is increasingly being treated as a suspicious activity.“Under FDOT policies in place at the time, motorists who paid with $50 bills, and occasionally even $5 bills, were not given permission to proceed until the toll collector filled out a “Bill Detection Report” with data about the motorist’s vehicle and details from his driver’s license. Many of those who chose to pay cash did so to avoid the privacy implications of installing a SunPass transponder that recorded their driving habits,” reports TheNewspaper."

Go go dirty south! Arkansas court upholds medical marijuana proposal

Here's a question for those living in swing states... the economy is in the shitter, Millions of dollars are being spent on local TV (driving costs beyond the reach of local advertisers), has any small business or local TV employee seen penny one of trickle down from the advertising bonanza?

Sales!!! Rocking Roctober flavors New Flavors, & sweet Savings on Good Stuff
New flavors for October
Pumpkin Walnut: Im baking off an organic pie pumpkin right now to make the freshest possible pumpkin cheesecake for you and your patients! 85mg Active THC, gluten free and amazing tasting... Wholesale $5.00 order by 7pm Monday the 1st to save $0.25 each....

Black Forest: new 125Mg active THC Gluten Free chocolate cheesecake with a medicated dark cherry core surrounded with walnuts and chocolate chips... October fest indeed! Wholesale priced at $6.50 each, Order by 7pm monday the 1st and save $0.50 each....

Mas Y Mas: NEW!!! Spicy latin flavored Chipotle chocolate with dried cherries, and roasted salted pepitas... Save $0.25 on each 115 Mg active THC chocolates ordered by 7pm on Monday the 1st...

Apple Crisp: We can not keep making this fast enough! so order by 7pm on Monday the 1st to save $0.25 on each unit you order.

Confucius Crunch: 5% off all spicy hot nuts ordered by 7 pm on Monday the 1st...

Order any combo of stuff that totals $200 and we will include a Free 3 pack of Kinship Bars in our best selling flavors...

Thanks for reading and thanks for your continued support!

Jessica LeRoux
Twirling Hippy Confections, LLC
2145 W Evans Denver CO
303 922 3661


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