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Colorado became the first state to start accepting applications to entrepreneurs wanting to open recreational marijuana shops on Oct. 1. Given the implications of the success or failure of this precedent on other states in the country, it is extremely important that this process runs smoothly.

The application process began in a hurry: by midday on the first, the state had already received 23 applications by entrepreneurs interested in opening recreational pot shops, growing facilities or infused product operations, according to an article in the Denver Post on Oct. 1.
This proved to be a much more orderly process than three years ago when medical marijuana became legal in the state and interested parties flooded offices. It was kept that way by requiring an appointment to submit applications.

All of the applications submitted this month will receive a decision by the first of the year, which is also the first day recreational pot shops can open in the state. Colorado finalized regulations last month to cover everything from pot shop licensing and advertising to tracking and packaging.

Among the regulations are requiring all pot stores and cultivation facilities to be licensed and pay fees ranging from $2750 and $14,000 and using an online inventory tracking program. Marijuana must be placed in opaque packages before it leaves the store.

Shops cannot advertise in places where children may see it, including on TV, newspapers and radio, or in environments where it is reasonable to assume “more than 30 percent of the audience is under 21.” Reading that between the lines means there will be no advertising on college campuses.

The Denver city council is also considering new rules to ban smoking pot from private property that is visible to the public (read: open front porches, cars, etc.) as well as in all public parks and on the 16th Street Mall.

Why all of the regulations? This entire process needs to be undertaken with extreme care and oversight, since Colorado and Washington are the first states to legalize recreational pot. It is still illegal in the eyes of the federal government, and the precedent set here and in Washington state will help determine if pot will remain legal or if the Feds will come in and declare Amendment 64 unconstitutional.

In order to ensure this does not happen, proper precautions and regulatory steps must be taken by state lawmakers and regulators to ensure the application process and accountability procedures go off without a hitch.

A messy rollout could lead to a plethora of problems. Lax oversight could lead to advertising in public places, shop owners who sell under the table to those under 21 and a perpetual smell of pot on the 16th Street Mall, all of which would turn off other states on the fence with the issue. It might also convince the Feds to end legalization altogether.

A clean rollout of recreational pot in Colorado will set a strong precedent for the nation and let other states know that it can be done without confrontation with the feds in a responsible way. With applications now open, the spotlight will be on the state. What happens here will be a roadmap for others to follow.

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