By: Nabil Rodriguez, Esq.
No matter where you are in the world, COVID-19 (better known as the novel Coronavirus of 2019) has become the focus of every news broadcast, radio show, and even casual conversation.
In a time where businesses are forced to make difficult decisions to combat a global health crisis, cannabis businesses are no exception. During these uncertain times, we will be providing guidance on issues that can affect the marijuana industry in the face of this pandemic. First, we’ll take a look at medical marijuana delivery in Colorado.
Although many restaurants across the U.S. are now limited to take-out or delivery, medical marijuana dispensaries in Colorado may be severely limited in their ability to provide product to their patients. Pursuant to state law, medical marijuana businesses may only deliver medical marijuana to patients after obtaining a Medical Marijuana Delivery Permit from the state licensing authority. In order for a business to apply for the state permit, however, the local jurisdiction where the business is operating must authorize medical marijuana delivery pursuant to local ordinance or resolution.
Most states authorized delivery of medical marijuana to patients in their initial medical marijuana legislation, but Colorado did not. In fact, Colorado Governor Jared Polis signed House Bill 19-1234 in May 2019 to authorize the delivery of medical marijuana by January 2, 2020.
As of today, however, no local jurisdiction in Colorado has moved forward with an ordinance or resolution to authorize medical marijuana delivery.
Authorizing medical marijuana delivery has become critically important during a global pandemic. With many medical patients having higher risks of contracting COVID-19 due to their underlying conditions, not offering a reliable system to access their medication puts them at risk. It is unfortunate that it took a global health crisis to shed light on this issue.
Please contact us with questions on how to advocate for immediate change in your locality or with questions regarding amending your business practices to help limit the possible exposure to COVID-19 while remaining in compliance with local, state, and federal laws.
We are thinking of our communities, clients, and friends. We’re in this together.
About Greenspoon Marder
Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among
American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.
Natalie Villanueva, Director of Marketing
954.333.4308 | firstname.lastname@example.org
This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.