The legal opinion that Colorado can tax medical marijuana has set off a flurry of declarations about getting the fledgling industry licensed and hooked up to the state’s tax collection system.
Hold on just a moment.
Significant work still must be done to figure out exactly what a medical marijuana dispensary is, and whether they should even exist under the medical marijuana amendment voters approved in 2000.
Those governmental entities that want to rush into taxing pot — and yes, we understand they’re all hurting for revenue — really should give state lawmakers some time to convene and get this sorted out.
Despite the explosion of dispensaries in recent months, it’s important to remember that voters did not approve legalizing marijuana, and in fact shot down such a measure in 2006.
We hope lawmakers hew closely to what the constitutional amendment said, and how local governments around the state are reacting to the profusion of dispensaries.
A smaller system that is truly geared to offer relief to sick patients is probably not going to be the cash cow that some in government may have hoped for, nor should it be.
We surely hope those in the Ritter administration and the legislature would not choose to let the dispensary system grow unchecked just because it might be a source of sales tax revenue for the government.
Everyone should keep in mind that even though the federal government has decided, for at least the time being, to look the other way where medical marijuana is concerned, it is still illegal under federal law, and this administration won’t be around forever.
However, as cities and towns around the state impose moratoriums or even outright bans on dispensaries, it’s imperative that state lawmakers set up some sort of regulatory framework that allows those who have the constitutional right to medical marijuana access to it.
The issue that set off the explosive growth in dispensaries was the state Board of Health’s failure this summer to define a medical marijuana caregiver as someone who has a maximum of five patients. Businesses, calling themselves caregivers, popped up around the state and applications for medical marijuana cards soared.
Dispensaries are, no doubt, investing in a business model with an uncertain future. Another argument against immediate taxation is that very uncertainty. It would be unfair to the dispensaries to make them begin jumping through licensure hoops now if the system is going to look different at the end of the legislative session.
The process of shaping the industry will be a loud and contentious one, especially as issues of taxation emerge.
We think medical marijuana is similar to other herbal remedies, so it should be taxed accordingly. However, we hope the Ritter administration will hold off on those plans long enough to allow the structure of the industry to become more clear. It’s the fairest route for all involved.
