Marijuana Politics by Robert M. Hardaway

Author:Robert M. Hardaway
Language: eng
Format: epub
Publisher: ABC-CLIO

On a second offense, criminal charges increase.56 Imprisonment is a mandatory minimum of 10 days but no more than a year; the fine is at least $600 but no more than $1,500; and the community service requirement increases to at least 48 hours but no more than 120 hours.57

For third offenses and beyond, imprisonment increases to a mandatory 60 consecutive days but no more than a year, along with a court-ordered alcohol and drug driving safety education or treatment program.58 The fine and community service requirements remain the same as for second offenders.59

The agency in charge of regulating and enforcing Colorado’s recreational marijuana laws is the Marijuana Enforcement Division (MED), which operates under the Colorado Department of Revenue.60 The division handles applications, licensing, and fines, and promulgates rules regarding operational procedures.61 Although the MED handles operations on a state level, municipalities and local areas also may opt out of recreational marijuana sales, along with certain freedoms to set additional standards regarding growth, distribution, and retail sales in its jurisdiction, such as permissible retail operating hours and locations.62

Currently, the state has the following four classes of recreational marijuana licenses:63

Retail Marijuana Store: facilities where individuals 21 or older may purchase up to an ounce (if a Colorado resident) or one-quarter ounce (if a nonresident).64 Holders of this license may not cultivate or process marijuana under this license.65

Retail Marijuana Product Manufacturing: exclusively for the manufacture and preparation of retail marijuana products and concentrates. Under this license, retail marijuana may not be cultivated or sold to retail customers.66 Instead, all sales must be wholesale and made to retail marijuana stores.67 Notably, if a business or individual also has a retail marijuana cultivation license (following), he or she may not sell any of the marijuana cultivated beyond the retail marijuana that is contained in its products.68

Retail Marijuana Cultivation: used exclusively for the cultivation of retail marijuana plants and the harvesting of retail marijuana. If this licensee is not associated with a product manufacturer, the licensee may sell retail marijuana to other cultivations, stores, or product manufacturers within the Colorado regulated system.69

Retail Marijuana Testing Facility: a facility that performs testing and research on retail marijuana for other medical marijuana licensees.

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