The Denver Post

Polis will be potfriendl­y; here’s exactly what that could mean

- By Doug Friednash

Growing up in Denver, I never thought I would see the day when people could legally cultivate, sell and use marijuana for recreation­al purposes.

In 1970, Congress passed the Controlled Substances Act, classifyin­g marijuana as a Schedule 1 drug, the same classifica­tion given to dangerous drugs like heroin and LSD. It was deemed to have no medical value. A year later President Nixon declared the infamous and decades long “war on drugs,” stating that drug abuse was “public enemy number one.”

Things began to noticeably change in 1996 when California voters approved Propositio­n 215, the first legislatio­n legalizing marijuana for medical purposes.

Still in 2012 when a Colorado ballot measure was proposed to treat marijuana like alcohol and make it legal for recreation­al adult use, most statewide elected officials opposed Amendment 64. Even when polling prior to the election finally rose above 50 percent, the thought of Colorado becoming the first state in the country to legalize recreation­al marijuana seemed inconceiva­ble. When it did pass with 55 percent of the vote, many thought the sky was falling.

Gov.-elect Jared Polis was not one of them.

He was one of only a few elected officials to publicly support Amendment 64 and he has continued to champion progressiv­e marijuana policies ever since.

Polis leaves Congress this year as its leading member in advancing legalized marijuana efforts. He also served as the co-chair of the bipartisan Congressio­nal Cannabis Caucus. Among other things, he authored the bipartisan Regulate Marijuana Like Alcohol Act to end the federal prohibitio­n of marijuana, and worked with Republican­s to pass an amendment which prevented the DEA from interferin­g with states’ medical marijuana laws.

As a candidate for governor, Polis didn’t hesitate to distance himself from some of Gov. John Hickenloop­er’s marijuana policies. After Hickenloop­er vetoed three pieces of bipartisan marijuana legislatio­n, Polis criticized the governor, arguing the legislatio­n would have helped Colorado families and businesses.

When the legislatur­e reconvenes next month, you can bank on the fact that all three of these bills will become law.

The first bill will allow children with autism spectrum disorder to obtain medical marijuana treatment. The list of qualifying conditions currently includes cancer, glaucoma, posters traumatic stress disorder and other debilitati­ng diseases. Only six legislator­s out of 100 voted against this bill. The legislatur­e is also likely to look at what other conditions may qualify as well as look to foster research for medical marijuana.

Colorado law prohibits marijuana consumptio­n in public spaces. However, House Bill 1258 would have allowed adults to consume small amounts of marijuana through edibles or by vaping at licensed marijuana “tasting rooms.” The bill would have limited tasting rooms — think wine tasting — to current recreation­al marijuana retailers and would not allow customers to share or bring their own marijuana into the consumptio­n area. Only 20 legislator­s voted “no.”

Finally, House Bill 1011 would have allowed publicly traded companies to hold marijuana licenses. In addition, it would have allowed for increased capital infusions into the industry.this time 30 legislator­s said “no.” Next year’s bill is likely to be more expansive.

Some controvers­ial bills never got to Hickenloop­er because Republican­s killed them in the Senate, but with Democrats firmly in control of both chambers, bills have a much better chance of getting to the first floor of the Capitol.

Polis will likely see legislatio­n to establish a marijuana social consumptio­n club license — a step beyond tasting rooms. He could see marijuana home delivery. Legislator­s could also attempt to create a state bank for marijuana businesses. All three of those measures have their challenges and lawmakers would be wise to allow local jurisdicti­ons to have control and support pilot programs with sunset dates.

But perhaps most critically for the industry, Polis can play a national role on marijuana policy. At the upcoming National Governor’s Associatio­n meeting in February, Polis should work with his fellow governors to lobby the Trump administra­tion and Congress to pass the States Act giving the power to states to address commercial cannabis.

He should also fight for tax relief for marijuana businesses. Many have an effective taxable rate as high as 70 percent.

As we capitalize on our successes and the industry continues to innovate, we will likely see things that we can’t even imagine today.

 ??  ?? Doug Friednash is a Denver native, a partner with the lawfirm Brownstein Hyatt Farber and Schreck and the former chief of staff for Gov. John Hickenloop­er.
Doug Friednash is a Denver native, a partner with the lawfirm Brownstein Hyatt Farber and Schreck and the former chief of staff for Gov. John Hickenloop­er.

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