HomeMy WebLinkAbout20121443.tiff Esther Gesick
From: Jennifer VanEgdom
Sent: Wednesday, June 06, 2012 10:54 AM
To: CTB
Cc: Bruce Barker
Subject: FW: Request for Assistance from Colorado State Board of Pharmacy
Attachments: hppscan130.pdf
Please add to Communications.
Jenny (VanEgdom) Fuller I I Administrative Coordinator, Board of County Commissioners I I Weld County, Colorado I I
(970) 336-7204 I 11150 O Street, P.O. Box 758, Greeley, Colorado 80631 I I www.co.weld.co.us
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From: Cornett, Lisa A [mailto:Lisa.CornettOdora.state.co.us]
Sent: Wednesday, June 06, 2012 9:34 AM
To: Jennifer VanEgdom
Subject: Request for Assistance from Colorado State Board of Pharmacy
Please see attached.
Thank you.
Lisa Cornett
Pharmaceutical Inspector
Colorado Department of
Regulatory Agencies
Division of Registrations
Board of Pharmacy
1560 Broadway, Suite 1350
Denver, CO 80202
P I M 303.726.3873
F 303.894.7692
Consumer Protection
2012-1443
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/pFC
F nU fl Division of Registrations State Board of Pharmacy
Gregory Ferland Wendy Anderson
Interim Division Director Program Director
•1876• Department of Regulatory Agencies
John W.Hickenlooper
Governor
Barbara J.Kelley
Executive
Director
June 6, 2012
Local MMC Licensing Authority
Weld County
Attn: Jennifer Vanegdom
jvanegdom(ii?co.weld.co.us
VIA E-MAIL TRANSMISSION ONLY
RE: Request for Assistance from Colorado State Board of Pharmacy
Dear Local Licensing Authority:
In recent months, the Colorado State Board of Pharmacy has received several citizen complaints
concerning medical marijuana centers ("MMC's") which have incorporated various versions of the
term "pharmacy" or similar references into their names and business advertisements. The
individuals submitting these complaints have expressed concerns about the perceived association of
MMC's with the pharmacy profession and industry, and the potential of that association to blur a
critical distinction and lend an appearance of legitimacy beyond the originally intended, narrowly-
drawn exception allowing the distribution and consumption of an otherwise criminally prohibited
Schedule I controlled substance.
The Pharmacy Board shares these concerns. MMC's and pharmacies represent two legally distinct
areas of medicine. MMC's engage in possessing and dispensing a substance it remains illegal for
pharmacists and pharmacies to possess and dispense. The practice of pharmacy is a strictly
regulated profession which only includes the handling and dispensing of prescription orders issued
by practitioners for Schedules II through V controlled substances and other legal pharmaceuticals.
However, the Board does not have jurisdictional authority over the licensing requirements of these
entities. That power lies with you locally under Title 12-43.3-301, et. seq. of the Colorado Revised
Statutes. Section 12-14.3-301(2)(b), C.R.S. provides local licensing authorities the latitude to adopt
standards for the issuance of licenses beyond those listed in statute. Section 12-43.3-310, C.R.S.
vests the local licensing authority with broad discretion to prohibit or otherwise promulgate
regulations restricting MMC operations. Finally, Subsection 6.100 of the Colorado Medical
Marijuana Enforcement Division Rules states that "[n]o MMC licensee shall display...any sign,
1560 Broadway, Suite 1350 Denver, Colorado 80202 Phone 303.894.7800
Fax 303.894.7692 www.dora.state.co.us V/TDD 711 c^."Urr".motion
advertisement...or other device which[is]inconsistent with the local laws and regulations in which
the licensee operates"
The Board is therefore making this outreach request to all county and municipal authorities
responsible for the licensing of MMC's. We respectfully ask that you consider incorporating
restrictions into your local MMC licensing ordinances and regulations, which prohibit the
incorporation of any version of"pharmacy,""pharmacist,"or terms of similar import,in the name
and advertising practices of an MMC applying to you for licensure. Statutes in other states
imposing similar prohibitions have been found constitutional and not a violation of free expression
or other rights. See,e.g., Kansas State Board of Pharmacy v.Wilson d/b/a Nature's Farmacy,657
P.2d 83(Kan.App 1983). Regulating authorities have been held to possess a legitimate interest in
avoiding the distortion of the significance of terms referencing a licensed profession through similar
usages by entities not licensed in that profession. Id.;see also State v.Collins,297 P.2d 325(N.M.
1956).
The Board respectfully recommends the consideration of some version of the following language:
The use of any version of the terms"pharmacy,""pharmacist,""pharmaceutical,"
"Rx,"or any terms of similar import or modified spellings thereof in the name of
the MMC are prohibited and any application for MMC licensure which indicates
the intent to incorporate any version of said terms shall not be considered. All
licensed MMC's shall refrain from using any version of said terms in the display of
any sign,advertisement or other device.
Your time and consideration of these issues are greatly appreciated.
Sincerely,
FOR THE COLORADO STATE BOARD OF PHARMACY
Wendy L.Anderson
Program Director
WLA/Ic
Cc: Julie Postlethwait
Public Information Officer
Medical Marijuana Enforcement Division
Colorado Department of Revenue
455 Sherman Street,Suite 390
Denver,CO 80203
JPostlethwait@spike.dor.state.co.us
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