I have been corresponding with Mr. Cook on various legal issues that continue to arise. I wanted to share with you his responses to seven of my questions below.
Q&A With Matt Cook
1. Is the sale of the 30% inventory from MMC to MMC retail or wholesale?
Answer: Wholesale and that normal business records must be kept. I suggest that you verify both local approval and timely filing of the state application with any MMC you deal with. Make a copy of any licensing if possible.
2. Can MMCs sell to caregivers on behalf of the caregiver’s patients?
Answer: No, unless the patient is homebound AND has a waiver from CDPHE.
3. If you failed to meet the 9/1 certification deadline, can you continue to operate?
Answer: No. However, if you met the 7/1 local approval/pending local approval deadline and filed the state application by 8/1, you are still considered “established” and do not forfeit your application fees. Nonetheless, you must cease operation until the state rules on your application.
4. Will there be a license fee(s) in addition to the application fee(s)?
Answer: Yes. The license fees will be set in the spring. Start saving your money (what little you have) now!
5. Does the 2 year residency requirement also apply to employees and managers?
Answer: Yes. As you know, I do not necessarily agree with this, but that is the state’s interpretation until a district court judge rules otherwise. You should also assume the felon criminal conviction rules for owners applies equally to employees and managers.
6. Can municipalities impose a different standard for who is permitted to own a MMJ business?
Answer: No, it is the state who decides this issue. For instance, Fort Collins enacted an ordinance prohibiting someone from owning a MMC/MIP if they have a felony within 10 years of the completion of the sentence (the state limits this to 5 years).
7. Can municipalities use a different standard of measurement for the distance between MMCs, schools, day cares, etc.?
Answer: No, the “pedestrian access” standard set from in CRS 12-43.3-308(d)(II) will be applied.