Albuquerque Journal

Colo. weighs strategy to guard pot against federal crackdown

Bill would permit immediate change from recreation­al to medical

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DENVER — Colorado is considerin­g how to protect its nascent marijuana industry from a potential federal crackdown, even at the expense of hundreds of millions of tax dollars.

A bill pending in the Legislatur­e would allow pot growers and retailers to reclassify their recreation­al pot as medical pot if a change in federal law or enforcemen­t occurs.

It’s the boldest attempt yet by a U.S. marijuana state to avoid federal interventi­on in its weed market.

The bill would allow Colorado’s 500 or so licensed recreation­al pot growers to instantly reclassify their weed. A switch would cost the state more than $100 million a year because Colorado taxes medical pot much more lightly than recreation­al weed — 2.9 percent versus 17.9 percent.

The measure says licensed growers could immediatel­y become medical licensees. The change wouldn’t take recreation­al marijuana off the books, but it wouldn’t entirely safeguard it either. It could help growers protect their inventory in case federal authoritie­s start seizing recreation­al pot.

The provision is getting a lot of attention in the marijuana industry after recent comments from the Trump administra­tion. White House spokesman Sean Spicer has said there’s a “big difference” between medical and recreation­al pot.

Sponsors of the bill call it a possible exit strategy for the new pot industry. It’s hard to say how many businesses would be affected, or if medical pot would flood the market, because some businesses hold licenses to both grow and sell marijuana in Colorado.

The state had about 827,000 marijuana plants growing in the retail system in June, the latest available data, more than half for the recreation­al market.

“If there is a change in federal law, then I think all of our businesses want to stay in business somehow. They’ve made major investment­s,” said Sen. Tim Neville, a Republican and the bill’s sponsor.

If federal authoritie­s start seizing recreation­al pot, Colorado’s recreation­al marijuana entreprene­urs “need to be able to convert that product into the medical side so they can sell it,” Neville said. His bill passed a committee in the Republican Senate 4-1 last week.

But it’s unclear whether the measure could pass the full Colorado Senate or the Democratic House. Skeptics of the proposal doubt the classifica­tion change would do much more than cost Colorado tax money.

“It’s a big deal for our taxation system because this money has been coming in and has been set aside for this, that and the other,” said Sen. Lois Court, a Denver Democrat who voted against the bill.

Schools would be the first casualty of a tax change. Colorado sends $40 million a year to a school-constructi­on fund from excise taxes on recreation­al pot. The tax doesn’t exist for medical pot.

Other items funded by recreation­al pot in Colorado include training for police in identifyin­g stoned drivers, a public-education campaign aimed at reducing teen marijuana use, and an array of medical studies on marijuana’s effectiven­ess treating ailments such as seizures or post-traumatic stress disorder.

 ?? DAVID ZALUBOWSKI/ASSOCIATED PRESS ?? In Dec. 2014, Matt Hart holds up a bud of Lemon Skunk, a potent strain of marijuana. A bill may allow Colorado recreation­al pot growers to instantly re-classify their product as medicinal grow.
DAVID ZALUBOWSKI/ASSOCIATED PRESS In Dec. 2014, Matt Hart holds up a bud of Lemon Skunk, a potent strain of marijuana. A bill may allow Colorado recreation­al pot growers to instantly re-classify their product as medicinal grow.
 ?? DAVID ZALUBOWSKI/ASSOCIATED PRESS ?? In Dec. 2014, an ultraviole­t growth light illuminate­s a marijuana plant in a grow room at the 3D Dispensary in Denver.
DAVID ZALUBOWSKI/ASSOCIATED PRESS In Dec. 2014, an ultraviole­t growth light illuminate­s a marijuana plant in a grow room at the 3D Dispensary in Denver.

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