Looking Back on 2018

While I look forward to what 2019 will bring, I think it is important to look back at 2018. At the beginning of 2018, I had only been gone from the Department of Revenue for a few months, so I was still figuring out what I was going to do.

So, as I’ve done throughout my life, I set some high-level goals: 1) to remain involved in cannabis policy; 2) to continue public speaking about cannabis regulation; 3) to ready myself for corporate board work; and 4) to remain involved in the community.

Take a look below to see how things worked out for me. I’m glad to say I made great progress on those goals and am now looking forward to what the universe has in store for me in 2019!

Continue reading “Looking Back on 2018”

Now is the Time for Cannabis Regulation

The world has been struggling with what to do about cannabis for almost a century. Interestingly, in the early 1900s, the use of cannabis was accepted and popular. However, the 1930s brought about the beginning of criminalization of cannabis.  For over 80 years governments have pushed prohibition and for those same 80 years the public has pushed back. Clearly, prohibition has not worked. In fact, the only groups that have benefited from prohibition have been the cartels and the black market.

While a step in the right direction, decriminalization has created its own unintended consequence. By decriminalizing possession and use of small amounts of cannabis without a legal source, this has created an opportunity for the black market to maintain control and at times, flourish.

Prohibition versus Legalization

This has resulted in continuing tension between governments whose approach to drug policy is “Just Say No” – in other words, complete prohibition and a growing public sentiment that wants marijuana to be legalized with little regulatory oversight.

Neither approach by itself works. So, the question becomes – how do we reconcile these two seemingly irreconcilable viewpoints?

Global Commission on Drug Policy Report

On September 24, 2018, the Global Commission on Drug Policy issued its report “Regulation – The Responsible Control of Drugs” in which it proposes a middle road – a robust regulatory program. It explores how regulation reduces harms to public health and to societies. This is a well-reasoned report and addresses all aspects of the lack of regulation and introduction of regulation. It looks at the challenges of moving from the illicit market to the licit market, and provides recommendations for those challenges.

Regulation is the Key

Having been responsible for cannabis regulation in the state of Colorado from 2011 through 2017, I have seen first-hand that drug policy reform regarding cannabis is needed and have experienced how to create a robust regulatory system. In 2012, when the voters of Colorado approved adult-use cannabis, my team and I were responsible for the development of that system as well.

Regulation is important and necessary because contrary to popular belief, cannabis use did not start with legalization. People have been consuming cannabis for centuries. So, the choice is not – cannabis use or prohibition. The choice is who is going to supply cannabis – the black market or the regulated system complete with robust oversight in testing, tracing, and taxing requirements.

I vote for an effective and well-regulated system because Colorado is a great example of how a good regulatory system can work.

Flamin’ Hot Cheetos® and 4/20 – A Fitting Combination

What do 4/20 and Flamin’ Hot Cheetos® have in common? A lot, it seems. Recently, on 4/20, I took my granddaughter to listen to the inventor of the popular snack; she loves Flamin’ Hot Cheetos®! To understand how much, once, while in the Caribbean, we spent an entire day searching for them in every store on St. Thomas. It was the family’s collective mission.

So after Richard Montañez, Executive Vice President for Frito-Lay® autographed a bag of her favorite snack, we heard his rags to riches journey. He took us from his first day as a janitor at Frito-Lay to his role as Executive Vice President; he peppered thought-provoking statements throughout his presentation. It was inspiring, funny, and filled with sage advice.

His talk was targeted at people starting careers or trying to advance in their careers.  But as I listened to him, I realized his advice not only applied to young careers and careers in transition, but also to young industries and industries in transition.

Which takes me back to 420 and cannabis.

Legal, regulated cannabis is a young industry in the process of transition and much of Montañez’s advice applies. Continue reading “Flamin’ Hot Cheetos® and 4/20 – A Fitting Combination”

The Lifeline for Those in Need Fails: Harm Reduction and Supervised Injection Facilities Bill Dies in Committee

Recently, I testified before the Colorado State Legislature Committee that was assigned SB18-040 – Substance Use Disorder Harm Reduction. Among other things, this bill was designed to create a supervised injection facility pilot program and provide civil and criminal immunity for the approved supervised injection facility. As you can imagine, that part of the bill generated almost all of the testimony. Continue reading “The Lifeline for Those in Need Fails: Harm Reduction and Supervised Injection Facilities Bill Dies in Committee”

Barbara Brohl’s Senate Committee Testimony on Harm Reduction and Supervised Injection Facilities

Thank you, Madam Chair, members of the Committee.

My name is Barbara Brohl and I am here to testify in support of Senate Bill 18-040I’ve often said that the measure of a government is how it treats its most vulnerable. That group includes those who are addicted to drugs or alcohol. If you’ve worked, lived, or played downtown, you’ve seen them – those nameless, sometimes faceless individuals who at times blend into the background. 

Some of them became addicted as a result of opioid use, mental illness, or they began using drugs in other ways. How they became addicted is not an issue for my testimony. Suffice it to say this is not only their reality but ours as well. 

They are addicted, and the issue is what can be done about it. Continue reading “Barbara Brohl’s Senate Committee Testimony on Harm Reduction and Supervised Injection Facilities”

Building Bench Strength in the Enforcement Division

Building Bench Strength – Management Changes in the Enforcement Division

Although building bench strength is universally recognized as a necessity in the private sector, unfortunately, due to the way budgets are set up and funding is appropriated to state Departments, it is very hard to develop bench strength in government agencies.  In the Enforcement Division, we had to be creative.  And it’s a balance, right?  You want to be careful with taxpayer dollars, but at the same time you want to ensure the Departments and the Divisions are taken care of.  Continue reading “Building Bench Strength in the Enforcement Division”

Regulating Medical Marijuana

While regulating medical marijuana did present some challenges, it also presented opportunities.

But first, let me give you some context, within the Colorado Department of Revenue, there are four mission divisions: 1) the Division of Tax is responsible for assessing and collecting $11 – $13 billion a year; 2) the Division of the Lottery has contributed more than $3 billion to the state of Colorado; 3) the Division of Motor Vehicles issues more than 1 million licenses for drivers and more than 5 million vehicles a year, and 4) the Enforcement Division regulates and oversees the Gaming, Horse Racing, Automotive Dealers, Liquor & Tobacco, and Marijuana industries.

Interestingly, even though my Department was responsible and responsive for so much, the only thing most people wanted to talk about was marijuana regulation! Continue reading “Regulating Medical Marijuana”

Implementing the Commercial Regulatory Program for Medical Marijuana in Colorado

Regulating medical marijuana was not without its challenges.  HB10-1284 allowed existing medical marijuana businesses to continue to operate pending licensure so long as they applied to the MMED by August 1, 2010.

The medical marijuana legislation wasn’t effective until July 1, 2010, which meant there was barely a month to get things in order; we started about 1500 businesses in the hole. Continue reading “Implementing the Commercial Regulatory Program for Medical Marijuana in Colorado”

HB10-1284 – Concerning Regulation of Medical Marijuana or the Birth of the Medical Marijuana Enforcement Division

By 2010, there were hundreds and hundreds of marijuana businesses in operation.  In response to the growing unregulated commercial medical marijuana industry, the Colorado State Legislature became one of the first governing bodies to enact legislation to implement a regulatory structure for commercial licensed medical marijuana businesses when it enacted HB10-1284.

This piece of legislation created the regulatory structure for medical marijuana; naming the Executive Director of the Department of Revenue as the State Licensing Authority, creating the Medical Marijuana Enforcement Division (“MMED”, now “MED”), and setting up a licensing construct for cultivations, products manufacturers, and centers – all of which were required to undergo financial and criminal background checks.  Additionally, it required all employees in the industry to be licensed and undergo criminal background checks. Continue reading “HB10-1284 – Concerning Regulation of Medical Marijuana or the Birth of the Medical Marijuana Enforcement Division”

The Green Crosses – Where Did They Come From and What Did They Mean?

Between June 2001 and January 2009, the Medical Marijuana Registry grew to 5,051 patients who had received a medical marijuana registry card. While all of the debilitating conditions identified in Amendment 20 were represented by patients on the Registry, the overwhelming condition identified on the registry was severe pain – 87%.

During 2009, the majority of the patients – from 63% to 68% – designated a primary caregiver to grow marijuana for them. Given that the number of patients grew from 5,051 to 41,039, during that same time frame meant that a significant number of plants were grown by caregivers. Continue reading “The Green Crosses – Where Did They Come From and What Did They Mean?”