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Senate Could Vote To Let Marijuana Businesses Use Banks This Week

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A bipartisan group of senators is stepping up the push to let marijuana businesses store their profits in banks, with a possible vote coming as soon as this week.

Under the current federal prohibition of cannabis, many banks refuse to do businesses with marijuana growers, processors and sellers that operate legally in accordance with a growing number of state laws. As a result, many cultivators and dispensaries operate on a cash-only basis, which makes them targets for robberies.

That could soon change under a proposal that ten U.S. senators filed on Wednesday.

The measure, led by Sens. Jeff Merkley (D-OR) and Lisa Murkowski (R-AK), would prevent federal officials from punishing a financial service provider “solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business.”

It is an amendment to a larger bill being considered on the Senate floor this week that would remove some restrictions that were enacted on financial institutions as part of the 2010 Dodd-Frank Act.

Despite a U.S. Department of Justice move in January to undo protections for state marijuana laws, a top Trump administration official has repeatedly indicated he wants to solve cannabis businesses’ banking access problems.

Treasury Sec. Steven Mnuchin, in an appearance before a House committee last month, testified that the issue is at the “top of the list” of his department’s concerns.

During a separate House hearing last month, Mnuchin indicated he wants cannabis businesses to be able to store their profits in banks.

“I assure you that we don’t want bags of cash,” he said. “We do want to find a solution to make sure that businesses that have large access to cash have a way to get them into a depository institution for it to be safe.”

Prior to being confirmed by the Senate last year, Mnuchin said in response to written questions from a senator that marijuana businesses’ banking and tax issues are “very important.”

In 2014, under the Obama administration, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) published a memo outlining how banks can open accounts for cannabis businesses without triggering federal enforcement actions. But because the document did not change overarching federal laws, many banks have remained reluctant to work with marijuana providers.

In January, U.S. Attorney General Jeff Sessions rescinded a broader Obama-era policy that had generally allowed states to implement their own marijuana laws without Justice Department interference. That decision spurred concern that the Trump administration will delete the banking memo too.

Late in January, a Treasury official wrote in a letter to lawmakers that the department is “consulting with law enforcement” about whether to keep the cannabis guidance for depository institutions.

The policy remains in effect for now, a Mnuchin deputy testified at a Senate hearing.

Along with Merkley and Murkowski, the other cosponsors of the new cannabis banking amendment are Sens. Patty Murray (D-WA), Ron Wyden (D-OR), Rand Paul (R-KY), Michael Bennet (D-CO), Edward Markey (D-MA), Elizabeth Warren (D-MA), Bernie Sanders (I-VT) and Kamala Harris (D-CA).

Similar standalone legislation has 15 Senate cosponsors, while a House companion version has 89 lawmakers signed on.

It is currently unknown if the measure will receive a floor vote as part of the consideration of the broader banking reform bill.

Documents released by FinCEN late last year showed that the number of banks willing to work with the marijuana industry has steadily grown over time, but that data was compiled prior to the revocation of the Justice Department guidance on state cannabis laws.

Read the full text of the bipartisan marijuana banking amendment below:

SA 2107. Mr. MERKLEY (for himself, Ms. Murkowski, Mrs. Murray, Mr. Wyden, Mr.Paul, Mr. Bennet, Mr. Markey, Ms. Warren, Mr. Sanders, and Ms. Harris) submitted an amendment intended to be proposed by him to the bill S. 2155, to promote economic growth, provide tailored regulatory relief, and enhance consumer protections, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SECURE AND FAIR ENFORCEMENT BANKING.

(a) Short Title.–This section may be cited as the “Secure and Fair Enforcement Banking Act” or the “SAFE Banking Act”.
(b) Safe Harbor for Depository Institutions.–A Federal banking regulator may not–
(1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business;
(2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or to a State or Indian tribe that exercises jurisdiction over cannabis-related legitimate businesses;
(3) recommend, incentivize, or encourage a depository institution not to offer financial services to the owner, operator, or an individual that is an account holder of a cannabis-related legitimate business, or downgrade or cancel financial services offered to an account holder of a cannabis-related legitimate business solely because–
(A) the account holder later becomes a cannabis-related legitimate business; or
(B) the depository institution was not aware that the account holder is the owner or operator of a cannabis-related legitimate business; and
(4) take any adverse or corrective supervisory action on a loan to an owner or operator of–
(A) a cannabis-related legitimate business solely because the business owner or operator is a cannabis-related business without express statutory authority, as in effect on the day before the date of enactment of this Act; or
(B) real estate or equipment that is leased or sold to a cannabis-related legitimate business solely because the owner or operator of the real estate or equipment leased or sold the equipment or real estate to a cannabis-related legitimate business.
(c) Protections Under Federal Law.–
(1) In general.–In a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacturing, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to a law (including regulations) of the State, political subdivision of the State, or the Indian tribe that has jurisdiction over the Indian country, as applicable, a depository institution and the officers, director, and employees of the depository institution that provides financial services to a cannabis-related legitimate business may not be held liable pursuant to any Federal law (including regulations)–
(A) solely for providing the financial services pursuant to the law (including regulations) of the State, political subdivision of the State, or Indian tribe; or
(B) for further investing any income derived from the financial services.
(2) Forfeiture.–A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a cannabis-related legitimate business, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing the loan or other financial services solely because the collateral is owned by a cannabis-related business.
(d) Rule of Construction.–Nothing in this section shall require a depository institution to provide financial services to a cannabis-related legitimate business.
(e) Requirements for Filing Suspicious Activity Reports.–Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:
“(5) Requirements for cannabis-related businesses.–
“(A) Definitions.–In this paragraph–
“(i) the term `cannabis’ has the meaning given the term `marihuana’ in section 102 of the Controlled Substances Act (21 U.S.C. 802);
“(ii) the term `cannabis-related legitimate business’ has the meaning given the term in section 6 of the SAFE Banking Act;
“(iii) the term `financial service’ means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481);
“(iv) the term `Indian country’ has the meaning given the term in section 1151 of title 18; and
“(v) the term `Indian tribe’ has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
“(B) Reporting of suspicious transactions.–A financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious activity related to a transaction by a cannabis-related legitimate business shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. The Secretary shall ensure that the guidance is consistent with the purpose and intent of the SAFE Banking Act and does not inhibit the provision of financial services to a cannabis-related legitimate business in a State, political subdivision of a State, or Indian country that has allowed the cultivation, production, manufacturing, transportation, display, dispensing, distribution, sale, or purchase of cannabis, or any other conduct relating to cannabis, pursuant to law or regulation of the State, the political subdivision of the State, or Indian tribe that has jurisdiction over the Indian country.”.
(f) Definitions.–In this section:
(1) Cannabis.–The term “cannabis” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Cannabis product.–The term “cannabis product” means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical.
(3) Cannabis-related legitimate business.–The term “cannabis-related legitimate business” means a manufacturer, producer, or any person or company that–
(A) engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State; and
(B)(i) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products; or
(ii) provides–
(I) any financial service, including retirement plans or exchange traded funds, relating to cannabis; or
(II) any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis.
(4) Company.–The term “company” means a partnership, corporation, association, (incorporated or unincorporated), trust, estate, cooperative organization, State, or any other entity.
(5) Depository institution.–The term “depository institution” means–
(A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or
(C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.–The term “Federal banking regulator” means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury.
(7) Financial service.–The term “financial service” means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
(8) Indian country.–The term “Indian country” has the meaning given the term in section 1151 of title 18, United States Code.
(9) Indian tribe.–The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Manufacturer.–The term “manufacturer” means a person or company who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.
(11) Producer.–The term “producer” means a person or company who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.
(12) State.–The term “State” means each of the several States, the District of Columbia, Puerto Rico, any territory or possession of the United States.
______

This piece was first published by Forbes.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Coronavirus Crisis Shows Marijuana Is ‘Essential’ And Mainstream

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Never has it been more clear than during the current COVID-19 pandemic that marijuana has arrived at the forefront of mainstream American society.

In state after state, governors and public health officials are deeming cannabis businesses “essential” operations that can stay open amid coronavirus-related forced closures and stay-at-home mandates. People might not be able to go bowling or see a movie in theaters, but they can still stock up on marijuana.

It wasn’t long ago that anyone growing and selling marijuana faced the risk of being arrested, prosecuted and jailed. But now, in the era of expanding legalization, cannabis providers in many states are held up as vital members of the community who are providing a valuable service on par with picking up prescription drugs at a pharmacy or filling up your car at a gas station.

Advocacy groups have pushed governors and state officials to ensure that medical marijuana patients in particular can maintain access to the cannabis they need. But because many people who use marijuana for therapeutic purposes don’t necessarily jump through the hoops needed in order to become officially certified as patients, recreational businesses are also seen as crucial access points that need to stay open.

“Most of the American public and an increasing number of government leaders stopped buying into the demonization of cannabis years ago,” Karen O’Keefe, state policies director for the Marijuana Policy Project, said. “Now, not only have two-thirds of states recognized that medical cannabis should be legal—with 11 legalizing adult-use—many are recognizing that safe access to cannabis is essential.”

NORML Executive Director Erik Altieri said it is “encouraging to see our nation’s public policy in practice is finally catching up to where the vast majority of Americans have been for years.”

“The recognition by our government officials that cannabis is indeed not just here to stay, but an essential part of life for millions of Americans—particularly in the patient community—is a welcome move in the right direction,” he said. “It is also a move that could not have come at a better moment for those who still require access to maintain quality of life during these trying and troubled times.”

In some states, officials have enacted new temporary policies such as expanded delivery services or curbside pickup that make it easier for consumers to get their hands on marijuana while respecting social distancing measures. Others are allowing doctors to issue medical cannabis recommendations via telemedicine instead of requiring that they conduct in-person examinations.

Here’s a look at how states that are taking steps to maintain legal marijuana access during the COVID-19 outbreak:

California

Regulators deemed cannabis retail outlets to be essential businesses that can stay open amid a broader stay-at-home order. Localities, including Los Angeles County and San Francisco, have also said that certain cannabis businesses are essential providers that can continue operations.

Colorado

Gov. Jared Polis (D) issued an executive order allowing marijuana businesses to provide curbside pickup services and letting doctors issue medical cannabis recommendations via telemedicine without in-person examinations. A subsequent order from the governor says that marijuana businesses are critical retail operations, but only for the sale of medical cannabis or curbside delivery. Regulators also issued emergency rules temporarily loosening requirements for fingerprinting of marijuana business owners, modification of premises and transfer of cannabis product samples for testing.

Connecticut

Regulators deemed medical cannabis businesses to be essential and thus exempt from a general mandate to suspend in-person operations.

Florida

The state surgeon general issued an order allowing physicians to issue medical cannabis recertifications to existing patients—but not new ones—via telemedicine.

Illinois

Gov. J.B. Pritzker’s (D) stay-at-home order declares marijuana dispensaries and cultivation facilities to be essential businesses that can stay open. Dispensaries are also being allowed to do curbside sales of medical cannabis—but not recreational marijuana—products.

Maryland

Medical cannabis growers, processors and dispensaries. are exempt from an order Gov. Larry Hogan (R) issued to close non-essential businesses. Regulators are also allowing dispensaries to deliver medical marijuana to patients in parking lots.

Massachusetts

Gov. Charlie Baker (R) issued a stay-at-home order deeming medical cannabis businesses—but not recreational marijuana ones—to be essential and exempt from a general shutdown. Regulators also encouraged medical cannabis delivery services to promote and expand their offerings, and are allowing doctors to remotely recommend marijuana to patients through the use of telehealth waivers.

Michigan

Marijuana businesses will be able to continue curbside sales and home deliveries but cannot perform in-person transactions in stores under a stay-at-home order issued by Gov. Gretchen Whitmer (D). Regulators previously sent a bulletin allowing curbside pickup and encouraging delivery services, and another bulletin extending the period of prequalification status for marijuana business license applicants that may experience building delays.

New Hampshire

Regulators are allowing medical cannabis patients to do curbside pickup at dispensaries and are letting doctors issue recommendations via telemedicine.

New Jersey

Gov. Phil Murphy (D) exempted medical cannabis dispensaries from a stay-at-home order. Regulators moved to allow patients pick up medical marijuana at dispensaries’ curbsides and to reduce caregiver registration fees.

New Mexico

Regulators ruled that medical cannabis businesses are essential and can stay open. They also allowed curbside pickup services, extended expiring patient and caregiver cards for 90 days and suspended background checks for new industry employees.

New York

The state Department of Health deemed that medical cannabis providers are essential businesses not subject to a general closure order. Those that are authorized to carry out home delivery are temporarily allowed to expand those services without written approval.

Ohio

Gov. Mike DeWine’s (R) stay-at-home order exempts medical cannabis businesses from a broader business shutdown. The State Medical Board also moved to allow doctors to issue medical cannabis recommendations via telemedicine without meeting patients in person. Additionally, regulators are letting patients phone in orders ahead of their arrival at dispensaries to reduce time spent inside.

Oregon

Regulators approved rules to allow curbside delivery of marijuana at licensed retail locations and to increase medical cannabis sales limits. They also moved to make it easier to obtain cannabis worker permits.

Pennsylvania

Regulators deemed medical cannabis providers as “life-sustaining” operations that are exempt from Gov. Tom Wolf’s (D) order to close businesses in general. They also took other steps, including allowing patients to have marijuana brought to their cars outside of dispensaries and letting caregivers make deliveries to an unlimited number of patients.

Washington State

Gov. Jay Inslee’s (D) stay-at-home order exempts marijuana businesses as essential, allowing them to stay open. And regulators are allowing marijuana dispensaries to carry out curbside service for medical cannabis patients.

Despite the significant number of states deeming cannabis businesses to be essential and issuing rulings temporarily expanding their services, that is not the case in every legal marijuana market.

In Nevada, for example, Gov. Steve Sisolak (D) and regulators are mandating that all sales be done via delivery, effectively shuttering businesses that only have storefront operations.

And despite the accommodations, many regulators are also directing businesses to implement social distancing measures such as limits on the number of customers who can enter a retail operation at a given time or guidance on physical space between those who are standing in line—changes that can slow down operations and reduce revenue.

Still, many industry leaders seems to understand the public health necessity of such moves, and cannabis law firm Vicente Sederberg LLP, for example, issued a set of suggested voluntary guidelines for marijuana businesses to consider.

For now, industry trackers have indicated that sales are strong as consumers stock up in preparation to hunker down at home for several weeks.

Nonetheless, the industry has called on Congress to give it equal access to disaster relief funds—a request necessitated by the fact that ongoing federal prohibition means that their operations are still illegal and not generally eligible for such aid.

Legalization opponents, meanwhile, are not pleased with moves by a growing number of states to keep cannabis stores in business despite the steps intended to foster social distancing at such locations.

“We have seen numerous reports of marijuana stores with long lines of people stocking up on the drug and have additionally seen states move to keep these stores open,” Kevin Sabet, president of prohibitionist organization Smart Approaches to Marijuana, said. “Quite frankly, this presents a unique harm to public health and safety. Across the country, states are doing everything in their power to limit the gathering of people in one location. Long lines outside of establishments engaged in the distribution of marijuana should be a tremendous cause for concern.”

When it comes to consumers, while advocates have cautioned them to consider refraining from smoking or vaping for the time being due to the risk of agitating lungs amid the respiratory effects of the novel coronavirus, they have also pointed out that there are other ways to use cannabis, such as edibles.

For now, the coronavirus pandemic has further highlighted the disconnect between federal and state policies: Under one set of laws cannabis is a banned drug, and under the other it’s a medicine deemed just as essential as any other.

This piece ass first published by Forbes.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Carlos Gracia.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Marijuana Industry Pleads For Access To Federal Coronavirus Business Relief

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As Congress scrambles to reach a consensus on how to help Americans caught in the financial fallout of COVID-19, a coalition of marijuana industry trade groups is urging federal lawmakers not to forget about the hundreds of thousands of workers in state-legal cannabis industries.

Legal marijuana now employs an estimated 240,000 people in the U.S. but, because cannabis remains federally illegal, marijuana businesses remain cut off from nearly all benefits at the federal level, including emergency relief funds.

In a letter sent Friday to leaders of the House and Senate, major cannabis industry associations called on lawmakers to remove those restriction and ensure that state-legal cannabis businesses can qualify for assistance.

“Our members follow strict regulations, create jobs, generate billions of dollars in tax revenue—including federal corporate tax revenue—and act as good corporate citizens,” the groups said. “Yet it appears as if these businesses will not be eligible for the same loans available to other businesses in this country at risk due to the global pandemic.”

The letter was sent jointly by the National Cannabis Industry Association, National Cannabis Roundtable, Minority Cannabis Business Association, Global Alliance for Cannabis Commerce and Cannabis Trade Federation.

“The ineligibility of cannabis businesses for disaster assistance loans is especially inequitable given that these same cannabis businesses are required to comply with other coronavirus-related measures, such as paid sick leave coverage,” the organizations wrote. “​We are not seeking special treatment for state-legal cannabis businesses. We only seek to have them treated on an equal level as all other job-generating, tax-paying companies in this country.”

In a separate announcement on Friday, the nonprofit group NORML said in a blog post that the organization has been reaching out “to our numerous allies on Capitol Hill” to ensure that “discriminatory practices do not apply to those in the industry seeking unemployment benefits [for cannabis workers] during these uncertain times.”

“Given the tremendous amount of uncertainty in the broader economy,” NORML Political Director Justin Strekal said in a statement, “the hundreds of thousands of American workers who are employed by the state-legal marijuana industry must be respected and protected by the emergency actions being taken by elected officials.”

Programs already in place should extend at least some benefits to marijuana workers, NORML said in the post. In addition to workers qualifying for state-level unemployment benefits, the cannabis industry could see help from the congressional Families First Coronavirus Response Act.

The act, signed into law this week, directs federal funds to state governments to help with COVID-19 efforts. NORML said that after conferring with experts, it believes the act “provides the individual states with the authority to decide for themselves which industries are legally eligible to receive benefits.”

But unless lawmakers amend current rules, state-legal cannabis companies won’t receive a dime of disaster relief aid provided by the federal government to other small businesses. The federal Small Business Administration (SBA) is prohibited from providing financial assistance to industries that are illegal under federal law.

NORML said that it “will continue to work with our federal allies to call for an end for such discriminatory practices against the cannabis industry and those whose livelihoods depend upon it.”

One way to address the issue, NORML said, would be to pass pending legislation introduced last year by Rep. Nydia VelĂĄzquez (D-NY), who chairs the House Small Business Committee. The bill, H.R. 3540, would remove cannabis from the Controlled Substances Act and prohibit SBA from denying services to marijuana-related businesses.

That legislation was introduced just days after federal lawmakers heard about challenges facing small cannabis businesses at a hearing. Language from the bill was later included in the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which was approved by the House Judiciary Committee last year.

“Now is not the time for Congress to think small,” Strekal, of NORML, urged as lawmakers continued debating how to best address the crisis. “Including Chairwoman Velazquez’s proposal to have the SBA support small cannabis businesses would protect both American jobs and the consumers that they serve.”

Meanwhile, the coronavirus pandemic is also impacting drug policy reform efforts across the country. Lawmakers in New York have said in recent days that the effort to legalize marijuana for adults may be delayed due to coronavirus. Ballot initiative campaigns in California and Washington, D.C., have asked local officials for permission to gather signatures online. And in Nebraska, activists pushing to legalize medical marijuana in the state have announced they’ve temporarily suspended their signature gathering campaign.

“We look forward to the opportunity to get back out there to help Nebraskans create meaningful change for each other,” Nebraskans for Medical Marijuana posted to Facebook on Thursday, “and we wish you and your loved ones health and peace of mind.”

Read the cannabis industry letter to congressional leaders below: 

Cannabis Industry Disaster … by Marijuana Moment on Scribd

Stop Passing That Joint, Top Marijuana Reform Group Says Amid Coronavirus

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Colorado Just Issued The First Marijuana Delivery License In The State

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As more Americans across the country are sheltering at home during the COVID-19 pandemic, a major Colorado cannabis retailer announced that it has received the state’s first permit to deliver medical marijuana directly to patients’ doors.

Boulder-based medical cannabis dispensary The Dandelion, which is owned and operated by the retail chain Native Roots, obtained Colorado’s first state-issued delivery license last week, the company announced on Thursday in a press release.

Delivery services won’t be available immediately, however. Shannon Fender, director of public affairs for Native Roots, said The Dandelion is hoping to begin its first deliveries by the end of the month.

“We will be providing more information about the date we’re going live,” Fender told Marijuana Moment in a phone interview, “but we’re planning for the end of March.”

Patients will also have to register as members of The Dandelion in order to qualify for delivery. Signing up currently requires patients to visit the dispensary in person, but Fender said the company is “looking for a way that patients could do this remotely” given concerns about spreading the coronavirus through human-to-human contact.

Once deliveries do begin, The Dandelion will be able to drop off deliveries only within Boulder or the nearby town of Superior, another jurisdiction that also allows medical marijuana deliveries. Fender said Native Roots has been talking to other local governments “for months” about opting in to local delivery, but so far it’s been slow going.

“The Chamber is excited that Boulder is leading the way on regulation for cannabis delivery. Native Roots has been an upstanding member not only of the cannabis industry, but of the Boulder business community at large,” Boulder Chamber Director of Public Affairs Andrea Menegheal said in a press release. “We look forward to what this means for how our businesses strive to serve the patient community and as other jurisdictions begin policy conversations on cannabis delivery services.”

Under a law passed last year, deliveries of medical cannabis have been allowed under Colorado law since January 2. But, because local jurisdictions must first opt in to allowing delivery, the process of issuing state-level licenses has lagged.

Under the new law, deliveries of recreational marijuana won’t be allowed until January 2021 at the earliest.

Gov. Jared Polis (D) last year described marijuana delivery as a tactic to reduce impaired driving, but it’s become especially relevant in the new era of social distancing. As more and more dispensaries enact policies meant to limit the spread of coronavirus, delivery offers a way to protect vulnerable patients while still ensuring access to medicine.

“The timing is total coincidence, but it’s timely,” Fender at Native Roots said of the company’s delivery plans. “Medical delivery is really another option for patients to utilize social distancing.”

Across the country, state and local governments are grappling with whether to allow cannabis retailers to remain open. Most so far have allowed sales to continue, albeit with extra steps in place to avoid transmitting the virus. Fender said she wasn’t aware of any closures so far affecting Native Roots’s 21 locations in Colorado.

Patient advocacy group Americans for Safe Access this week called on medical marijuana states to keep dispensaries open, urging officials to declare them “essential” services and adopt practices, such as curbside pickup or delivery, to limit transmission of the virus.

Beyond the issue of patient access, the coronavirus is also having a significant impact on drug policy reform efforts across the country. Campaigns to revise California’s adult-use cannabis law and legalize psilocybin mushrooms, as well as a Washington, D.C. campaign to decriminalize psychedelics, have all asked state lawmakers to allow them to collect signatures digitally to prevent viral transmission as they work to qualify for the November ballot.

In New York, hopes to include marijuana legalization in the final budget by an April deadline have largely been dashed due to the need to prioritize a coronavirus response.

Stop Passing That Joint, Top Marijuana Reform Group Says Amid Coronavirus

Photo courtesy of Chris Wallis // Side Pocket Images

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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