In response, medical marijuana advocates, led by the group Sensible Colorado, filed a statewide ballot initiative that would amend the state’s constitution and direct the state legislature to establish regulations for dispensaries and production centers.  It would, in fact, give Colorado citizens the right to operate and work in such establishments. MPP provided assistance in drafting the initiative.

The campaign will need to file more than 75,000 signatures by July in order to qualify for the November 2010 ballot.

“State-licensed medical marijuana patients need storefront dispensaries in the same way that other sick Coloradans need pharmacies,” said Brian Vicente, executive director of Sensible Colorado. “Medical marijuana patients will not go without medicine in Colorado. This initiative will establish sensible regulations for dispensaries and secure the rights of sick Coloradans to have safe access to their constitutionally-protected medicine.”

Keep checking MPP’s blog for further developments

That’s the question raised by a pair of articles in Colorado today that lay out the precarious work situation many medical marijuana patients find themselves in.

While the constitutional amendment that established medical marijuana in Colorado says that nothing “shall require any employer to accommodate the medical use of marijuana in any work place,” the state also has a “Lawful Off-Duty Activities Statute” that protects employees from being penalized for something they do outside of work that is legal. (Much of the problem arises from the fact that marijuana stays in people’s systems longer than other drugs, so even if patients aren’t using marijuana during work hours, they could still test positive.) Legal experts have disagreed as to which measure takes precedent.

Against this legal gray area, many medical marijuana patients—teachers, sports coaches, government employees, and nonprofit workers among them—have been faced with the very real prospect of losing their jobs, simply for taking a legitimate medicine that is legal under their own state law.

To add to the confusion, court decisions in other states, including California, have found that employers can fire workers who fail mandatory drug tests. If that same logic were applied in Colorado, any number of the estimated 30,000 medical marijuana patients in the state would have a real cause for concern.

“[The law has] been deciphered to mean that employers can fire a medical-marijuana patient for just about anything,” Brian Vicente, the executive director of Sensible Colorado, told the Denver Post. “Basically, it’s a form of legalized discrimination against sick people who choose to use medical marijuana.”

In Maine, an estimated 58 percent of voters approved Question 5, making Maine the third state in the nation (along with Rhode Island and New Mexico) to establish state-licensed non-profit dispensaries that will provide medical marijuana to qualified patients. This is also significant because it is the first time such a system was enacted by voters. (The other two were approved by state legislatures.)

And in Colorado, more than 70 percent of voters in the tiny ski town of Breckenridge voted to remove city-level criminal penalties for possession of up to one ounce of marijuana for adults over 21. While possession of any amount is still illegal under state law, the citizens of Breckenridge have undoubtedly sent a message to lawmakers in Colorado—and around the country—by taking this first and necessary step toward the end of marijuana prohibition.

After 53% of voters in the Centennial State approved a medical marijuana amendment in November 2000, Colorado has quietly emerged as a potential model for how states can responsibly and competently oversee the establishment of a medical marijuana industry.

There are currently more than 100 dispensing collectives statewide, an estimated 13,000 residents with valid medical marijuana cards, and 800 different physicians who have recommended them, according to recent figures. New dispensaries are being opened and considered in municipalities all over the state with little reported opposition.

When protests have been raised, municipalities have, by and large, purposely avoided the type of reactionary backlash seen in California and instead tried to strike a balance among the collectives, patients and critics through discussions and regulations—not orders to shut down. For example, several skeptical municipalities have decided to place temporary moratoriums on new dispensaries until they decide how best to regulate the establishments.

This difference between California and Colorado might best be seen when comparing some of their top lawmen. In California, L.A. County District Attorney Steve Cooley said all collectives are illegal and “are going to be prosecuted.” In Colorado, by stark contrast, Boulder County District Attorney Stan Garnett has said he wants to be the country’s most progressive D.A. when it comes to medical marijuana. He has even said he’s willing to consider full marijuana legalization.

And if these signs aren’t encouraging enough, the Denver Post is reporting that the tiny valley town of Ophir (population 163) will decide on Tuesday whether to consider becoming the state’s first municipality to grow medical marijuana as a way to make up for lost tax revenues.

Says planning and zoning chairwoman Sue Beresford, “A town can dream, can’t it?”

The proposal, which attorneys testified violated the 2000 constitutional amendment passed by voter initiative protecting valid medical marijuana patients from arrest, was designed to hinder legally operating medical marijuana dispensing centers.

Opponents of medical marijuana tried a similar tactic before, and it was ruled unconstitutional by a Colorado court in 2007. Is it too much to hope they might have learned their lesson this time?