Colorado Marijuana Laws

0-4-287 – ARTICLE XVIII – Miscellaneous Art. XVIII – Miscellaneous
Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions. (1) As used in this section, these terms are defined as follows:
(a) “Debilitating medical condition” means:
(I) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for such conditions;
(II) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient’s physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; or
(III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section.
(b) “Medical use” means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient’s debilitating medical condition, which may be authorized only after a diagnosis of the patient’s debilitating medical condition by a physician or physicians, as provided by this section.
(c) “Parent” means a custodial mother or father of a patient under the age of eighteen years, any person having custody of a patient under the age of eighteen years, or any person serving as a legal guardian for a patient under the age of eighteen years.
(d) “Patient” means a person who has a debilitating medical condition.
(e) “Physician” means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado.
(f) “Primary care-giver” means a person, other than the patient and the patient’s physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.
(g) “Registry identification card” means that document, issued by the state health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient’s primary care-giver, if any has been designated.
(h) “State health agency” means that public health related entity of state government designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program.
(i) “Usable form of marijuana” means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant’s stalks, stems, and roots.
(j) “Written documentation” means a statement signed by a patient’s physician or copies of the patient’s pertinent medical records.
(2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state’s criminal laws related to the patient’s medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:
(I) The patient was previously diagnosed by a physician as having a debilitating medical condition;
(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and
(III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.
This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient’s medical use of marijuana.
(b) Effective June 1, 2001, it shall be an exception from the state’s criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section.
(c) It shall be an exception from the state’s criminal laws for any physician to:
(I) Advise a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician’s contemporaneous assessment of the patient’s medical history and current medical condition and a bona fide physician-patient relationship; or
(II) Provide a patient with written documentation, based upon the physician’s contemporaneous assessment of the patient’s medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana.
No physician shall be denied any rights or privileges for the acts authorized by this subsection.
(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.
(e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be returned immediately upon the determination of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal.
(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001.
(a) No person shall be permitted to gain access to any information about patients in the state health agency’s confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency’s confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.
(b) In order to be placed on the state’s confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency:
(I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician’s conclusion that the patient might benefit from the medical use of marijuana;
(II) The name, address, date of birth, and social security number of the patient;
(III) The name, address, and telephone number of the patient’s physician; and
(IV) The name and address of the patient’s primary care-giver, if one is designated at the time of application.
(c) Within thirty days of receiving the information referred to in subparagraphs (3) (b) (I)-(IV), the state health agency shall verify medical information contained in the patient’s written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency’s review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such information, the state health agency shall issue one serially numbered registry identification card to the patient, stating:
(I) The patient’s name, address, date of birth, and social security number;
(II) That the patient’s name has been certified to the state health agency as a person who has a debilitating medical condition, whereby the patient may address such condition with the medical use of marijuana;
(III) The date of issuance of the registry identification card and the date of expiration of such card, which shall be one year from the date of issuance; and
(IV) The name and address of the patient’s primary care-giver, if any is designated at the time of application.
(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient’s application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.
(e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph
(3) (d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action.
(f) When there has been a change in the name, address, physician, or primary care- giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient’s primary care-giver, if any is designated at such time.
(g) Authorized employees of state or local law enforcement agencies shall immediately notify the state health agency when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this section or its implementing legislation, or has pled guilty to such offense.
(h) A patient who no longer has a debilitating medical condition shall return his or her registry identification card to the state health agency within twenty-four hours of receiving such diagnosis by his or her physician.
(i) The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program.
(4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient’s medical use of marijuana, within the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and
(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient’s debilitating medical condition.
(5) (a) No patient shall:
(I) Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or
(II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public.
(b) In addition to any other penalties provided by law, the state health agency shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of this section or the implementing legislation adopted by the general assembly.
(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless:
(a) Two physicians have diagnosed the patient as having a debilitating medical condition;
(b) One of the physicians referred to in paragraph (6) (a) has explained the possible risks and benefits of medical use of marijuana to the patient and each of the patient’s parents residing in Colorado;
(c) The physicians referred to in paragraph (6) (b) has provided the patient with the written documentation, specified in subparagraph (3) (b) (I);
(d) Each of the patient’s parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of marijuana;
(e) A parent residing in Colorado consents in writing to serve as a patient’s primary care-giver;
(f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency;
(g) The state health agency approves the patient’s application and transmits the patient’s registry identification card to the parent designated as a primary care-giver;
(h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a) (I) and (II); and
(i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient.
(7) Not later than March 1, 2001, the governor shall designate, by executive order, the state health agency as defined in paragraph (1) (g) of this section.
(8) Not later than April 30, 2001, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact criminal penalties for:
(a) Fraudulent representation of a medical condition by a patient to a physician, state health agency, or state or local law enforcement official for the purpose of falsely obtaining a registry identification card or avoiding arrest and prosecution;
(b) Fraudulent use or theft of any person’s registry identification card to acquire, possess, produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are required to be returned where patients are no longer diagnosed as having a debilitating medical condition;
(c) Fraudulent production or counterfeiting of, or tampering with, one or more registry identification cards; or
(d) Breach of confidentiality of information provided to or by the state health agency.
(9) Not later than June 1, 2001, the state health agency shall develop and make available to residents of Colorado an application form for persons seeking to be listed on the confidential registry of patients. By such date, the state health agency shall also enact rules of administration, including but not limited to rules governing the establishment and confidentiality of the registry, the verification of medical information, the issuance and form of registry identification cards, communications with law enforcement officials about registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition, and the manner in which the agency may consider adding debilitating medical conditions to the list provided in this section. Beginning June 1, 2001, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be considered a final agency action.
(10) (a) No governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana.
(b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.
(11) Unless otherwise provided by this section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor, pursuant to article V, section (1) (4), and shall apply to acts or offenses committed on or after that date.

Enacted by the People November 7, 2000 — Effective upon proclamation of the Governor.

HOUSE BILL 11-1043
BY REPRESENTATIVE(S) Massey, Labuda, Looper;
also SENATOR(S) Steadman and Spence.
CONCERNING MEDICAL MARIJUANA, AND MAKING AN APPROPRIATION
THEREFOR.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 12-43.3-103 (2) (c), Colorado Revised Statutes, is
amended, and the said 12-43.3-103 (2) is further amended BY THE
ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:
12-43.3-103. Applicability. (2) (c) On and after July 1, 2011, all
businesses for the purpose of cultivation, manufacture, or sale of medical
marijuana or medical marijuana-infused products, as defined in this article,
shall be subject to the terms and conditions of this article and any rules
promulgated pursuant to this article; EXCEPT THAT A PERSON THAT HAS MET
THE DEADLINES SET FORTH IN PARAGRAPHS (a) AND (b) OF SUBSECTION (1)
OF THIS SECTION THAT HAS NOT HAD ITS APPLICATION ACTED UPON BY THE
STATE LICENSING AUTHORITY MAY CONTINUE TO OPERATE UNTIL ACTION IS
TAKEN ON THE APPLICATION, UNLESS THE PERSON IS OPERATING IN A
JURISDICTION THAT HAS IMPOSED A PROHIBITION ON LICENSURE. WHILE
CONTINUING TO OPERATE PRIOR TO THE LICENSING AUTHORITY ACTING ON
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
THE APPLICATION, THE PERSON SHALL OTHERWISE BE SUBJECT TO THE TERMS
AND CONDITIONS OF THIS ARTICLE AND ALL RULES PROMULGATED PURSUANT
TO THIS ARTICLE.
(d) (I) ON AND AFTER JULY 1, 2012, PERSONS WHO DID NOT MEET
ALL REQUIREMENTS OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION
AS OF JULY 1, 2010, MAY BEGIN TO APPLY FOR A LICENSE PURSUANT TO THIS
ARTICLE. A BUSINESS OR OPERATION THAT APPLIES AND IS APPROVED FOR
ITS LICENSE AFTER JULY 1, 2012, SHALL CERTIFY TO THE STATE LICENSING
AUTHORITY THAT IT IS CULTIVATING AT LEAST SEVENTY PERCENT OF THE
MEDICAL MARIJUANA NECESSARY FOR ITS OPERATION WITHIN NINETY DAYS
AFTER BEING LICENSED.
(II) FOR THOSE PERSONS THAT ARE LICENSED PRIOR TO JULY 1, 2012,
THE PERSON MAY APPLY TO THE LOCAL AND STATE LICENSING AUTHORITIES
REGARDING CHANGES TO ITS LICENSE AND MAY APPLY FOR A NEW LICENSE
IF THE LICENSE IS FOR A BUSINESS THAT HAS BEEN LICENSED AND THE
PERSON IS PURCHASING THAT BUSINESS OR IF THE BUSINESS IS CHANGING
LICENSE TYPE.
(III) FOR A PERSON WHO HAS MET THE DEADLINES SET FORTH IN
PARAGRAPHS (a) AND (b) OF SUBSECTION (1) OF THIS SECTION AND WHO HAS
LOST HIS OR HER LOCATION BECAUSE A CITY OR COUNTY HAS VOTED
PURSUANT TO SECTION 12-43.3-106 TO BAN HIS OR HER OPERATION, THE
PERSON MAY APPLY FOR A NEW LICENSE WITH A LOCAL LICENSING
AUTHORITY AND TRANSFER THE LOCATION OF ITS PENDING APPLICATION
WITH THE STATE LICENSING AUTHORITY.
(e) THIS ARTICLE SETS FORTH THE EXCLUSIVE MEANS BY WHICH
MANUFACTURE, SALE, DISTRIBUTION, AND DISPENSING OF MEDICAL
MARIJUANA MAY OCCUR IN THE STATE OF COLORADO. LICENSEES SHALL
NOT BE SUBJECT TO THE TERMS OF SECTION 14 OF ARTICLE XVIII OF THE
STATE CONSTITUTION, EXCEPT WHERE SPECIFICALLY REFERENCED IN THIS
ARTICLE.
SECTION 2. 12-43.3-104, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-43.3-104. Definitions. As used in this article, unless the context
otherwise requires:
PAGE 2-HOUSE BILL 11-1043
(1.5) “IMMATURE PLANT” MEANS A NONFLOWERING MEDICAL
MARIJUANA PLANT THAT IS NO TALLER THAN EIGHT INCHES AND NO WIDER
THAN EIGHT INCHES PRODUCED FROM A CUTTING, CLIPPING, OR SEEDLING
AND THAT IS IN A GROWING CONTAINER THAT IS NO LARGER THAN TWO
INCHES WIDE AND TWO INCHES TALL THAT IS SEALED ON THE SIDES AND
BOTTOM.
SECTION 3. 12-43.3-104 (5) and (7), Colorado Revised Statutes,
are amended to read:
12-43.3-104. Definitions. As used in this article, unless the context
otherwise requires:
(5) “Local licensing authority” means an authority designated by
municipal or county charter, municipal ordinance, or county resolution, OR
THE GOVERNING BODY OF A MUNICIPALITY, CITY AND COUNTY, OR THE
BOARD OF COUNTY COMMISSIONERS OF A COUNTY IF NO SUCH AUTHORITY IS
DESIGNATED.
(7) “Medical marijuana” means marijuana that is grown and sold
pursuant to the provisions of this article and for a purpose authorized by
section 14 of article XVIII of the state constitution BUT SHALL NOT BE
CONSIDERED A NONPRESCRIPTION DRUG FOR PURPOSES OF SECTION
12-22-102 (20) OR SECTION 39-26-717, C.R.S., OR AN OVER-THE-COUNTER
MEDICATION FOR PURPOSES OF SECTION 25.5-5-322, C.R.S.
SECTION 4. 12-43.3-202 (1) (b) (I), (1) (c), (1) (d), and (2) (a)
(IV), Colorado Revised Statutes, are amended to read:
12-43.3-202. Powers and duties of state licensing authority –
repeal. (1) The state licensing authority shall:
(b) (I) Promulgate such rules and such special rulings and findings
as necessary for the proper regulation and control of the cultivation,
manufacture, distribution, and sale of medical marijuana and for the
enforcement of this article. A county, municipality, or city and county that
has adopted a temporary moratorium regarding the subject matter of this
article shall be specifically authorized to extend the moratorium until the
effective date of the rules adopted by the department of revenue in
accordance with this article JUNE 30, 2012.
PAGE 3-HOUSE BILL 11-1043
(c) Hear and determine at a public hearing any appeals of a
CONTESTED state license denial and any complaints against a licensee and
administer oaths and issue subpoenas to require the presence of persons and
the production of papers, books, and records necessary to the determination
of any hearing so held, all in accordance with article 4 of title 24, C.R.S.
The state licensing authority may, at its discretion, delegate to the
department of revenue hearing officers the authority to conduct licensing,
disciplinary, and rule-making hearings under section 24-4-105, C.R.S.
When conducting such hearings, the hearing officers shall be employees of
the state licensing authority under the direction and supervision of the
executive director and the state licensing authority.
(d) Maintain the confidentiality of reports OR OTHER INFORMATION
obtained from a licensee showing the sales volume or quantity of medical
marijuana sold, OR REVEALING ANY PATIENT INFORMATION, or any other
records that are exempt from public inspection pursuant to state law. SUCH
REPORTS OR OTHER INFORMATION MAY BE USED ONLY FOR A PURPOSE
AUTHORIZED BY THIS ARTICLE OR FOR ANY OTHER STATE OR LOCAL LAW
ENFORCEMENT PURPOSE. ANY INFORMATION RELEASED RELATED TO
PATIENTS MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE
OR TO VERIFY THAT A PERSON WHO PRESENTED A REGISTRY IDENTIFICATION
CARD TO A STATE OR LOCAL LAW ENFORCEMENT OFFICIAL IS LAWFULLY IN
POSSESSION OF SUCH CARD.
(2) (a) Rules promulgated pursuant to paragraph (b) of subsection
(1) of this section may include, but need not be limited to, the following
subjects:
(IV) Requirements for inspections, investigations, searches,
seizures, FORFEITURES, and such additional activities as may become
necessary from time to time;
SECTION 5. 12-43.3-301 (2) (a), Colorado Revised Statutes, is
amended to read:
12-43.3-301. Local licensing authority – applications – licenses.
(2) (a) A local licensing authority shall not issue a local license within a
municipality, city and county, or the unincorporated portion of a county
unless the governing body of the municipality or city and county has
adopted an ordinance, or the governing body of the county has adopted a
PAGE 4-HOUSE BILL 11-1043
resolution, containing specific standards for license issuance, or if no such
ordinance or resolution is adopted prior to July 1, 2011 2012, then a local
licensing authority shall consider the minimum licensing requirements of
this part 3 when issuing a license.
SECTION 6. 12-43.3-302 (1) and (4), Colorado Revised Statutes,
are amended to read:
12-43.3-302. Public hearing notice – posting and publication.
(1) Upon receipt of an application for a local license, except an application
for renewal or for transfer of ownership, a local licensing authority may
schedule a public hearing upon the application to be held not less than thirty
days after the date of the application. If the local licensing authority
schedules a hearing for a medical marijuana center LICENSE application, it
shall post and publish public notice thereof not less than ten days prior to
the hearing. The local licensing authority shall give public notice by the
posting of a sign in a conspicuous place on the medical marijuana center
LICENSE APPLICANT’S premises for which LICENSE application has been
made and by publication in a newspaper of general circulation in the county
in which the medical marijuana center APPLICANT’S premises are located.
(4) If the building in which medical marijuana is to be sold
CULTIVATED, MANUFACTURED, OR DISTRIBUTED is in existence at the time
of the application, a sign posted as required in subsections (1) and (2) of
this section shall be placed so as to be conspicuous and plainly visible to the
general public. If the building is not constructed at the time of the
application, the applicant shall post a sign at the premises upon which the
building is to be constructed in such a manner that the notice shall be
conspicuous and plainly visible to the general public.
SECTION 7. 12-43.3-303 (2), Colorado Revised Statutes, is
amended to read:
12-43.3-303. Results of investigation – decision of authorities.
(2) Before entering a decision approving or denying the application for a
local license, the local licensing authority may consider, except where this
article specifically provides otherwise, the facts and evidence adduced as
a result of its investigation, as well as any other facts pertinent to the type
of license for which application has been made, including the number, type,
and availability of medical marijuana outlets CENTERS, OPTIONAL PREMISES
PAGE 5-HOUSE BILL 11-1043
CULTIVATION OPERATIONS, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURERS located in or near the premises under consideration, and
any other pertinent matters affecting the qualifications of the applicant for
the conduct of the type of business proposed.
SECTION 8. 12-43.3-306, Colorado Revised Statutes, is amended
to read:
12-43.3-306. Denial of application. (1) The state licensing
authority shall deny a state license if the premises on which the applicant
proposes to conduct its business do not meet the requirements of this article
or for reasons set forth in section 12-43.3-104 (1) (c) or 12-43.3-305, AND
THE STATE LICENSING AUTHORITY MAY DENY A LICENSE FOR GOOD CAUSE AS
DEFINED BY SECTION 12-43.3-104 (1) (a) OR (1) (b).
(2) If the state licensing authority denies a state license pursuant to
subsection (1) of this section, the applicant shall be entitled to a hearing
pursuant to article 4 of title 24, C.R.S. SECTION 24-4-104 (9), C.R.S., AND
JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106, C.R.S. The state
licensing authority shall provide written notice of the grounds for denial of
the state license to the applicant and to the local licensing authority at least
fifteen days prior to the hearing.
SECTION 9. 12-43.3-307 (1) (h), (1) (m), (2) (a), and (2) (c),
Colorado Revised Statutes, are amended to read:
12-43.3-307. Persons prohibited as licensees – repeal. (1) A
license provided by this article shall not be issued to or held by:
(h) A person who has discharged a sentence in the five years
immediately preceding the application date for a conviction of a felony or
a person who at any time has been convicted of a felony pursuant to any
state or federal law regarding the possession, distribution, MANUFACTURING,
CULTIVATION, or use of a controlled substance; EXCEPT THAT THE LICENSING
AUTHORITY MAY GRANT A LICENSE TO AN EMPLOYEE IF THE EMPLOYEE HAS
A STATE FELONY CONVICTION BASED ON POSSESSION OR USE OF A
CONTROLLED SUBSTANCE THAT WOULD NOT BE A FELONY IF THE PERSON
WERE CONVICTED OF THE OFFENSE ON THE DATE HE OR SHE APPLIED FOR
LICENSURE;
PAGE 6-HOUSE BILL 11-1043
(m) A person AN OWNER, AS DEFINED BY RULE OF THE STATE
LICENSING AUTHORITY, who has not been a resident of Colorado for at least
two years prior to the date of the person’s OWNER’S application; except that:
(I) (A) For a person AN OWNER who submits an application for
licensure pursuant to this article by December 15, 2010, this requirement
shall not apply to that person OWNER if the person HE OR SHE was a resident
of the state of Colorado on December 15, 2009.
(B) THIS SUBPARAGRAPH (I) IS REPEALED, EFFECTIVE JULY 1, 2012.
(2) (a) In investigating the qualifications of an applicant or a
licensee, the state AND LOCAL licensing authority AUTHORITIES may have
access to criminal history record information furnished by a criminal justice
agency subject to any restrictions imposed by such agency. In the event the
state OR LOCAL licensing authority considers the applicant’s criminal history
record, the state OR LOCAL licensing authority shall also consider any
information provided by the applicant regarding such criminal history
record, including but not limited to evidence of rehabilitation, character
references, and educational achievements, especially those items pertaining
to the period of time between the applicant’s last criminal conviction and the
consideration of the application for a state license.
(c) At the time of filing an application for issuance or renewal of a
state medical marijuana center license, medical marijuana-infused product
manufacturer license, or optional premises cultivation license, an applicant
shall submit a set of his or her fingerprints and file personal history
information concerning the applicant’s qualifications for a state license on
forms prepared by the state licensing authority. The state OR LOCAL
licensing authority shall submit the fingerprints to the Colorado bureau of
investigation for the purpose of conducting fingerprint-based criminal
history record checks. The Colorado bureau of investigation shall forward
the fingerprints to the federal bureau of investigation for the purpose of
conducting fingerprint-based criminal history record checks. The state OR
LOCAL licensing authority may acquire a name-based criminal history record
check for an applicant or a license holder who has twice submitted to a
fingerprint-based criminal history record check and whose fingerprints are
unclassifiable. An applicant who has previously submitted fingerprints for
state licensing purposes may request that the fingerprints on file be used.
The state OR LOCAL licensing authority shall use the information resulting
PAGE 7-HOUSE BILL 11-1043
from the fingerprint-based criminal history record check to investigate and
determine whether an applicant is qualified to hold a state license pursuant
to this article. The state OR LOCAL licensing authority may verify any of the
information an applicant is required to submit.
SECTION 10. 12-43.3-310 (6), Colorado Revised Statutes, is
amended to read:
12-43.3-310. Licensing in general. (6) All owners, officers,
managers, and employees of a medical marijuana center, optional premises
cultivation operation, or medical marijuana-infused products manufacturer
shall be residents of Colorado UPON THE DATE OF THEIR LICENSE
APPLICATION. AN OWNER SHALL MEET THE RESIDENCY REQUIREMENTS IN
SECTION 12-43.3-307 (1) (m). A local licensing authority shall not issue a
license provided for in this article until that share of the license application
fee due to the state has been received by the department of revenue. All
licenses granted pursuant to this article shall be valid for a period not to
exceed two years from the date of issuance unless revoked or suspended
pursuant to this article or the rules promulgated pursuant to this article.
SECTION 11. Repeal. 12-43.3-310 (14), Colorado Revised
Statutes, is repealed as follows:
12-43.3-310. Licensing in general. (14) The location of an
optional premises cultivation operation as described in section 12-43.3-403
shall be a confidential record and shall be exempt from the “Colorado Open
Records Act”. State and local licensing authorities shall keep the location
of an optional premises cultivation operation confidential and shall redact
the location from all public records. Notwithstanding any provision of law
to the contrary, a state or local licensing agency may share information
regarding the location of an optional premises cultivation operation with a
peace officer or a law enforcement agency.
SECTION 12. 12-43.3-402 (3), (4), (5), and (6), Colorado Revised
Statutes, are amended, and the said 12-43.3-402 is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
12-43.3-402. Medical marijuana center license. (3) Every person
selling medical marijuana as provided for in this article shall sell only
medical marijuana grown in its medical marijuana optional premises
PAGE 8-HOUSE BILL 11-1043
licensed pursuant to this article. IN ADDITION TO MEDICAL MARIJUANA, A
MEDICAL MARIJUANA CENTER MAY SELL NO MORE THAN SIX IMMATURE
PLANTS TO A PATIENT; EXCEPT THAT A MEDICAL MARIJUANA CENTER MAY
SELL MORE THAN SIX IMMATURE PLANTS, BUT MAY NOT EXCEED HALF THE
RECOMMENDED PLANT COUNT, TO A PATIENT WHO HAS BEEN RECOMMENDED
AN EXPANDED PLANT COUNT BY HIS OR HER RECOMMENDING PHYSICIAN. A
MEDICAL MARIJUANA CENTER MAY SELL IMMATURE PLANTS TO A PRIMARY
CAREGIVER, ANOTHER MEDICAL MARIJUANA CENTER, OR A MEDICAL
MARIJUANA-INFUSED PRODUCT MANUFACTURER PURSUANT TO RULES
PROMULGATED BY THE STATE LICENSING AUTHORITY. The provisions of this
subsection (3) shall not apply to medical marijuana-infused products.
(4) Notwithstanding the requirements of subsection (3) of this
section to the contrary, a medical marijuana licensee may purchase not more
than thirty percent of its total on-hand inventory of medical marijuana from
another licensed medical marijuana center in Colorado. A medical
marijuana center may sell no more than thirty percent of its total on-hand
inventory to another Colorado licensed medical marijuana licensee; EXCEPT
THAT THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL
MARIJUANA MAY GRANT A TEMPORARY WAIVER:
(a) TO A MEDICAL MARIJUANA CENTER OR APPLICANT IF THE
MEDICAL MARIJUANA CENTER OR APPLICANT SUFFERS A CATASTROPHIC
EVENT RELATED TO ITS INVENTORY; OR
(b) TO A NEW MEDICAL MARIJUANA CENTER LICENSEE FOR A PERIOD
NOT TO EXCEED NINETY DAYS SO THE NEW LICENSEE CAN CULTIVATE THE
NECESSARY MEDICAL MARIJUANA TO COMPLY WITH THIS SUBSECTION (4).
(5) Prior to initiating a sale, the employee of the medical marijuana
center making the sale shall verify that the purchaser has a valid registration
card issued pursuant to section 25-1.5-106, C.R.S., OR A COPY OF A
CURRENT AND COMPLETE NEW APPLICATION FOR THE MEDICAL MARIJUANA
REGISTRY ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT THAT IS DOCUMENTED BY A CERTIFIED MAIL RETURN RECEIPT
AS HAVING BEEN SUBMITTED TO THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT WITHIN THE PRECEDING THIRTY-FIVE DAYS, and a valid
picture identification card that matches the name on the registration card.
A PURCHASER MAY NOT PROVIDE A COPY OF A RENEWAL APPLICATION IN
ORDER TO MAKE A PURCHASE AT A MEDICAL MARIJUANA CENTER. A
PAGE 9-HOUSE BILL 11-1043
PURCHASER MAY ONLY MAKE A PURCHASE USING A COPY OF HIS OR HER
APPLICATION FROM 8 A.M. TO 5 P.M., MONDAY THROUGH FRIDAY. IF THE
PURCHASER PRESENTS A COPY OF HIS OR HER APPLICATION AT THE TIME OF
PURCHASE, THE EMPLOYEE MUST CONTACT THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT TO DETERMINE WHETHER THE PURCHASER’S
APPLICATION HAS BEEN DENIED. THE EMPLOYEE SHALL NOT COMPLETE THE
TRANSACTION IF THE PURCHASER’S APPLICATION HAS BEEN DENIED. IF THE
PURCHASER’S APPLICATION HAS BEEN DENIED, THE EMPLOYEE SHALL BE
AUTHORIZED TO CONFISCATE THE PURCHASER’S COPY OF THE APPLICATION
AND THE DOCUMENTATION OF THE CERTIFIED MAIL RETURN RECEIPT, IF
POSSIBLE, AND SHALL, WITHIN SEVENTY-TWO HOURS AFTER THE
CONFISCATION, TURN IT OVER TO THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT OR LOCAL LAW ENFORCEMENT AGENCY. THE FAILURE TO
CONFISCATE THE COPY OF THE APPLICATION AND DOCUMENT OF THE
CERTIFIED MAIL RETURN RECEIPT OR TO TURN IT OVER TO THE STATE HEALTH
DEPARTMENT OR A STATE OR LOCAL LAW ENFORCEMENT AGENCY WITHIN
SEVENTY-TWO HOURS AFTER THE CONFISCATION SHALL NOT CONSTITUTE A
CRIMINAL OFFENSE.
(5.5) TRANSACTIONS FOR THE SALE OF MEDICAL MARIJUANA OR A
MEDICAL MARIJUANA-INFUSED PRODUCT AT A MEDICAL MARIJUANA CENTER
MAY BE COMPLETED BY USING AN AUTOMATED MACHINE THAT IS IN A
RESTRICTED ACCESS AREA OF THE CENTER IF THE MACHINE COMPLIES WITH
THE RULES PROMULGATED BY THE STATE LICENSING AUTHORITY REGARDING
THE TRANSACTION OF SALE OF PRODUCT AT A MEDICAL MARIJUANA CENTER
AND THE TRANSACTION COMPLIES WITH SUBSECTION (5) OF THIS SECTION.
(6) A licensed medical marijuana center may provide a small
amount of its medical marijuana for testing to a laboratory that is licensed
pursuant to the occupational licensing rules promulgated pursuant to section
12-43.3-202 (2) (a) (IV) A MEDICAL MARIJUANA CENTER MAY PROVIDE A
SAMPLE OF ITS PRODUCTS TO A LABORATORY THAT HAS AN OCCUPATIONAL
LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING AND
RESEARCH PURPOSES. THE LABORATORY MAY DEVELOP, TEST, AND
PRODUCE MEDICAL MARIJUANA-BASED PRODUCTS. THE LABORATORY MAY
CONTRACT METHOD OR PRODUCT DEVELOPMENT WITH A LICENSED MEDICAL
MARIJUANA CENTER OR LICENSED MEDICAL MARIJUANA INFUSED-PRODUCT
MANUFACTURER. THE STATE LICENSING AUTHORITY SHALL PROMULGATE
RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202(1) (b), C.R.S.,
RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES; INCLUDING
PAGE 10-HOUSE BILL 11-1043
BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS,
EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL
IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA-FIDE RESEARCH
METHODS. A LABORATORY THAT HAS AN OCCUPATIONAL LICENSE FROM THE
STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY
INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER OR A LICENSED
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER.
(9) NOTWITHSTANDING THE PROVISIONS OF SECTION 12-43.3-901(4)
(m), A MEDICAL MARIJUANA CENTER MAY SELL BELOW COST OR DONATE TO
A PATIENT WHO HAS BEEN DESIGNATED INDIGENT BY THE STATE HEALTH
AGENCY OR WHO IS IN HOSPICE CARE:
(a) MEDICAL MARIJUANA; OR
(b) NO MORE THAN SIX IMMATURE PLANTS; EXCEPT THAT A MEDICAL
MARIJUANA CENTER MAY SELL OR DONATE MORE THAN SIX IMMATURE
PLANTS, BUT MAY NOT EXCEED HALF THE RECOMMENDED PLANT COUNT, TO
A PATIENT WHO HAS BEEN RECOMMENDED AN EXPANDED PLANT COUNT BY
HIS OR HER RECOMMENDING PHYSICIAN; OR
(c) MEDICAL MARIJUANA-INFUSED PRODUCTS TO PATIENTS.
SECTION 13. 12-43.3-403, Colorado Revised Statutes, is amended
to read:
12-43.3-403. Optional premises cultivation license. (1) An
optional premises cultivation license may be issued only to a person
licensed pursuant to section 12-43.3-402 (1) or 12-43.3-404 (1) who grows
and cultivates medical marijuana at an additional Colorado licensed
premises contiguous or not contiguous with the licensed premises of the
person’s medical marijuana center license or the person’s medical
marijuana-infused products manufacturing license.
(2) OPTIONAL PREMISES CULTIVATION LICENSES MAY BE COMBINED
IN A COMMON AREA SOLELY FOR THE PURPOSES OF GROWING AND
CULTIVATING MEDICAL MARIJUANA AND USED TO PROVIDE MEDICAL
MARIJUANA TO MORE THAN ONE LICENSED MEDICAL MARIJUANA CENTER OR
LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER SO LONG
AS THE HOLDER OF THE OPTIONAL PREMISE CULTIVATION LICENSE IS ALSO A
PAGE 11-HOUSE BILL 11-1043
COMMON OWNER OF EACH LICENSED MEDICAL MARIJUANA CENTER OR
LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER TO
WHICH MEDICAL MARIJUANA IS PROVIDED. IN ACCORDANCE WITH
PROMULGATED RULES RELATING TO PLANT AND PRODUCT TRACKING
REQUIREMENTS, EACH OPTIONAL PREMISES CULTIVATION LICENSEE SHALL
SUPPLY MEDICAL MARIJUANA ONLY TO ITS ASSOCIATED LICENSED MEDICAL
MARIJUANA CENTERS OR LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT
MANUFACTURERS.
SECTION 14. 12-43.3-404 (5) and (8), Colorado Revised Statutes,
are amended, and the said 12-43.3-404 is further amended BY THE
ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
12-43.3-404. Medical marijuana-infused products
manufacturing license. (5) The medical marijuana-infused product shall
be sealed and conspicuously labeled in compliance with this article and any
rules promulgated pursuant to this article. THE LABELING OF MEDICAL
MARIJUANA-INFUSED PRODUCTS IS A MATTER OF STATEWIDE CONCERN.
(8) A medical marijuana-infused products licensee that has an
optional premises cultivation license shall not sell any of the medical
marijuana that it cultivates EXCEPT FOR THE MEDICAL MARIJUANA THAT IS
CONTAINED IN MEDICAL MARIJUANA-INFUSED PRODUCTS.
(9) (a) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE MAY
NOT HAVE MORE THAN FIVE HUNDRED MEDICAL MARIJUANA PLANTS ON ITS
PREMISES OR AT ITS OPTIONAL PREMISES CULTIVATION OPERATION; EXCEPT
THAT THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL
MARIJUANA MAY GRANT A WAIVER IN EXCESS OF FIVE HUNDRED MARIJUANA
PLANTS BASED ON THE CONSIDERATION OF THE FACTORS IN PARAGRAPH (b)
OF THIS SUBSECTION (9).
(b) THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL
MARIJUANA SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING
WHETHER TO GRANT THE WAIVER DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (9):
(I) THE NATURE OF THE PRODUCTS MANUFACTURED;
(II) THE BUSINESS NEED;
PAGE 12-HOUSE BILL 11-1043
(III) EXISTING BUSINESS CONTRACTS WITH LICENSED MEDICAL
MARIJUANA CENTERS FOR THE PRODUCTION OF MEDICAL
MARIJUANA-INFUSED PRODUCTS; AND
(IV) THE ABILITY TO CONTRACT WITH LICENSED MEDICAL
MARIJUANA CENTERS FOR THE PRODUCTION OF MEDICAL
MARIJUANA-INFUSED PRODUCTS.
(10) A MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER
MAY PROVIDE A SAMPLE OF ITS PRODUCTS TO A LABORATORY THAT HAS A
OCCUPATIONAL LICENSE FROM THE STATE LICENSING AUTHORITY FOR
TESTING AND RESEARCH PURPOSES. THE STATE LICENSING AUTHORITY
SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION
12-43.3-202 (1) (b), C.R.S., RELATED TO ACCEPTABLE TESTING AND
RESEARCH PRACTICES. A LABORATORY THAT HAS AN OCCUPATIONAL
LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES
SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER
OR A LICENSED MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER.
SECTION 15. Part 6 of article 43.3 of title 12, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
12-43.3-602. Disposition of unauthorized marijuana or
marijuana-infused products and related materials. (1) THE PROVISIONS
OF THIS SECTION SHALL APPLY IN ADDITION TO ANY CRIMINAL, CIVIL, OR
ADMINISTRATIVE PENALTIES AND IN ADDITION TO ANY OTHER PENALTIES
PRESCRIBED BY THIS ARTICLE OR ANY RULES PROMULGATED PURSUANT TO
THIS ARTICLE. ANY PROVISIONS IN THIS ARTICLE RELATED TO LAW
ENFORCEMENT SHALL BE CONSIDERED A CUMULATIVE RIGHT OF THE PEOPLE
IN THE ENFORCEMENT OF THE CRIMINAL LAWS.
(2) EVERY LICENSEE LICENSED UNDER THIS ARTICLE SHALL BE
DEEMED, BY VIRTUE OF APPLYING FOR, HOLDING, OR RENEWING SUCH
PERSON’S LICENSE, TO HAVE EXPRESSLY CONSENTED TO THE PROCEDURES
SET FORTH IN THIS SECTION.
(3) A STATE OR LOCAL AGENCY SHALL NOT BE REQUIRED TO
CULTIVATE OR CARE FOR ANY MARIJUANA OR MARIJUANA-INFUSED PRODUCT
BELONGING TO OR SEIZED FROM A LICENSEE. A STATE OR LOCAL AGENCY
SHALL NOT BE AUTHORIZED TO SELL MARIJUANA, MEDICAL OR OTHERWISE.
PAGE 13-HOUSE BILL 11-1043
(4) IF THE STATE OR LOCAL LICENSING AUTHORITY ISSUES A FINAL
AGENCY ORDER IMPOSING A DISCIPLINARY ACTION AGAINST A LICENSEE
PURSUANT TO SECTION 12-43.3-601, THEN, IN ADDITION TO ANY OTHER
REMEDIES, THE LICENSING AUTHORITY’S FINAL AGENCY ORDER MAY SPECIFY
THAT SOME OR ALL OF THE LICENSEE’S MARIJUANA OR MARIJUANA-INFUSED
PRODUCT IS NOT MEDICAL MARIJUANA OR A MEDICAL MARIJUANA-INFUSED
PRODUCT AND IS AN ILLEGAL CONTROLLED SUBSTANCE. THE ORDER MAY
FURTHER SPECIFY THAT THE LICENSEE SHALL LOSE ANY INTEREST IN ANY OF
THE MARIJUANA OR MARIJUANA-INFUSED PRODUCT EVEN IF THE MARIJUANA
OR MARIJUANA-INFUSED PRODUCT PREVIOUSLY QUALIFIED AS MEDICAL
MARIJUANA OR A MEDICAL MARIJUANA-INFUSED PRODUCT. THE FINAL
AGENCY ORDER MAY DIRECT THE DESTRUCTION OF ANY SUCH MARIJUANA
AND MARIJUANA-INFUSED PRODUCTS, EXCEPT AS PROVIDED IN SUBSECTIONS
(5) AND (6) OF THIS SECTION. THE AUTHORIZED DESTRUCTION MAY INCLUDE
THE INCIDENTAL DESTRUCTION OF ANY CONTAINERS, EQUIPMENT, SUPPLIES,
AND OTHER PROPERTY ASSOCIATED WITH THE MARIJUANA OR
MARIJUANA-INFUSED PRODUCT.
(5) FOLLOWING THE ISSUANCE OF A FINAL AGENCY ORDER BY THE
LICENSING AUTHORITY IMPOSING A DISCIPLINARY ACTION AGAINST A
LICENSEE AND ORDERING DESTRUCTION AUTHORIZED BY SUBSECTION (4) OF
THIS SECTION, A LICENSEE SHALL HAVE FIFTEEN DAYS WITHIN WHICH TO FILE
A PETITION FOR STAY OF AGENCY ACTION WITH THE DISTRICT COURT. THE
ACTION SHALL BE FILED IN THE CITY AND COUNTY OF DENVER, WHICH SHALL
BE DEEMED TO BE THE RESIDENCE OF THE STATE LICENSING AUTHORITY FOR
PURPOSES OF THIS SECTION. THE LICENSEE SHALL SERVE THE PETITION IN
ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE. THE DISTRICT COURT
SHALL PROMPTLY RULE UPON THE PETITION AND SHALL DETERMINE
WHETHER THE LICENSEE HAS A SUBSTANTIAL LIKELIHOOD OF SUCCESS ON
JUDICIAL REVIEW SO AS TO WARRANT DELAY OF THE DESTRUCTION
AUTHORIZED BY SUBSECTION (4) OF THIS SECTION OR WHETHER OTHER
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NEED FOR
PRESERVATION OF EVIDENCE, WARRANT DELAY OF SUCH DESTRUCTION. IF
DESTRUCTION IS SO DELAYED PURSUANT TO JUDICIAL ORDER, THE COURT
SHALL ISSUE AN ORDER SETTING FORTH TERMS AND CONDITIONS PURSUANT
TO WHICH THE LICENSEE MAY MAINTAIN THE MARIJUANA AND
MARIJUANA-INFUSED PRODUCT PENDING JUDICIAL REVIEW, AND PROHIBITING
THE LICENSEE FROM USING OR DISTRIBUTING THE MARIJUANA OR
MARIJUANA-INFUSED PRODUCT PENDING THE REVIEW. THE LICENSING
AUTHORITY SHALL NOT CARRY OUT THE DESTRUCTION AUTHORIZED BY
PAGE 14-HOUSE BILL 11-1043
SUBSECTION (4) OF THIS SECTION UNTIL FIFTEEN DAYS HAVE PASSED
WITHOUT THE FILING OF A PETITION FOR STAY OF AGENCY ACTION, OR UNTIL
THE COURT HAS ISSUED AN ORDER DENYING STAY OF AGENCY ACTION
PURSUANT TO THIS SUBSECTION (5).
(6) THE LICENSING AUTHORITY SHALL NOT CARRY OUT THE
DESTRUCTION AUTHORIZED BY SUBSECTION (4) OF THIS SECTION UNTIL IT
HAS NOTIFIED THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH
THE MARIJUANA IS LOCATED TO DETERMINE WHETHER THE MARIJUANA OR
PRODUCT CONSTITUTES EVIDENCE IN A CRIMINAL PROCEEDING SUCH THAT
IT SHOULD NOT BE DESTROYED, AND UNTIL FIFTEEN DAYS HAVE PASSED
FROM THE DATE OF THE ISSUANCE OF SUCH NOTICE.
(7) ON OR BEFORE JANUARY 1, 2012, THE STATE LICENSING
AUTHORITY SHALL PROMULGATE RULES GOVERNING THE IMPLEMENTATION
OF THIS SECTION.
SECTION 16. 12-43.3-901 (1) (c), (1) (d), (4) (d) (I), (4) (l), and
(7), Colorado Revised Statutes, are amended, and the said 12-43.3-901 (4)
is further amended BY THE ADDITION OF THE FOLLOWING NEW
PARAGRAPHS, to read:
12-43.3-901. Unlawful acts – exceptions. (1) Except as otherwise
provided in this article, it is unlawful for a person:
(c) To continue operating a business for the purpose of cultivation,
manufacture, or sale of medical marijuana or medical marijuana-infused
products without filing the forms and paying the fee as described in section
12-43.3-103 (1) (b); or
(d) To continue operating a business for the purpose of cultivation,
manufacture, or sale of medical marijuana or medical marijuana-infused
products without satisfying the conditions of section 12-43.3-103 (2) (b).
(4) It is unlawful for any person licensed to sell medical marijuana
pursuant to this article:
(d) (I) To sell medical marijuana to a person not licensed pursuant
to this article or to a person not able to produce a valid patient registry
identification card, UNLESS THE PERSON HAS A COPY OF A CURRENT AND
PAGE 15-HOUSE BILL 11-1043
COMPLETE NEW APPLICATION FOR THE MEDICAL MARIJUANA REGISTRY
ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
THAT IS DOCUMENTED BY A CERTIFIED MAIL RETURN RECEIPT AS HAVING
BEEN SUBMITTED TO THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT WITHIN THE PRECEDING THIRTY-FIVE DAYS AND THE
EMPLOYEE ASSISTING THE PERSON HAS CONTACTED THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT AND, AS A RESULT, DETERMINED THE
PERSON’S APPLICATION HAS NOT BEEN DENIED. Notwithstanding any
provision in this subparagraph (I) to the contrary, a person under twenty-one
years of age shall not be employed to sell or dispense medical marijuana at
a medical marijuana center or grow or cultivate medical marijuana at an
optional premises cultivation operation.
(l) To sell, serve, or distribute medical marijuana at any time other
than between the hours of 8 a.m. and 7 p.m. Monday through Sunday; or
(n) TO BURN OR OTHERWISE DESTROY MARIJUANA OR ANY
SUBSTANCE CONTAINING MARIJUANA FOR THE PURPOSE OF EVADING AN
INVESTIGATION OR PREVENTING SEIZURE; OR
(o) TO ABANDON A LICENSED PREMISES OR OTHERWISE CEASE
OPERATION WITHOUT NOTIFYING THE STATE AND LOCAL LICENSING
AUTHORITIES AT LEAST FORTY-EIGHT HOURS IN ADVANCE AND WITHOUT
ACCOUNTING FOR AND FORFEITING TO THE STATE LICENSING AUTHORITY FOR
DESTRUCTION ALL MARIJUANA OR PRODUCTS CONTAINING MARIJUANA.
(7) A person who commits any acts that are unlawful pursuant to
this section ARTICLE OR THE RULES AUTHORIZED AND ADOPTED PURSUANT
TO THIS ARTICLE commits a class 2 misdemeanor and shall be punished as
provided in section 18-1.3-501, C.R.S., except for violations that would also
constitute a violation of title 18, C.R.S., which violation shall be charged
and prosecuted pursuant to title 18, C.R.S.
SECTION 17. 12-43.3-901, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-43.3-901. Unlawful acts – exceptions. (6.5) A PEACE OFFICER
OR A LAW ENFORCEMENT AGENCY SHALL NOT USE ANY PATIENT
INFORMATION TO MAKE TRAFFIC STOPS PURSUANT TO SECTION 42-4-1302,
C.R.S.
PAGE 16-HOUSE BILL 11-1043
SECTION 18. 24-72-202 (6) (b) (XIII), Colorado Revised Statutes,
is amended to read:
24-72-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(6) (b) “Public records” does not include:
(XIII) State and local applications and licenses for an optional
premises cultivation operation as described in section 12-43.3-403, C.R.S.;
and the location of the optional premises cultivation operation. THE
INFORMATION PROVIDED TO THE STATE MEDICAL MARIJUANA LICENSING
AUTHORITY PURSUANT TO SECTION 25-1.5-106 (7) (e), C.R.S.
SECTION 19. 25-1.5-106 (2) (c) (II), Colorado Revised Statutes,
is amended to read:
25-1.5-106. Medical marijuana program – powers and duties of
the state health agency – medical review board – medical marijuana
program cash fund – created – repeal. (2) Definitions. In addition to the
definitions set forth in section 14 (1) of article XVIII of the state
constitution, as used in this section, unless the context otherwise requires:
(c) “In good standing”, with respect to a physician’s license, means:
(II) The physician holds a valid unrestricted and unconditioned
license to practice medicine in Colorado THAT DOES NOT CONTAIN A
RESTRICTION OR CONDITION THAT PROHIBITS THE RECOMMENDATION OF
MEDICAL MARIJUANA OR FOR A LICENSE ISSUED PRIOR TO JULY 1, 2011, A
VALID, UNRESTRICTED AND UNCONDITIONED LICENSE; and
SECTION 20. 25-1.5-106 (5) (a), Colorado Revised Statutes, is
amended to read:
25-1.5-106. Medical marijuana program – powers and duties of
the state health agency – medical review board – medical marijuana
program cash fund – created – repeal. (5) Physicians. A physician who
certifies a debilitating medical condition for an applicant to the medical
marijuana program shall comply with all of the following requirements:
PAGE 17-HOUSE BILL 11-1043
(a) The physician shall have a valid unrestricted AND ACTIVE license
to practice medicine, which license is in good standing.
SECTION 21. 25-1.5-106 (7), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
25-1.5-106. Medical marijuana program – powers and duties of
the state health agency – medical review board – medical marijuana
program cash fund – created – repeal. (7) Primary caregivers. (e) A
PRIMARY CAREGIVER WHO CULTIVATES MEDICAL MARIJUANA FOR HIS OR HER
PATIENTS SHALL REGISTER THE LOCATION OF HIS OR HER CULTIVATION
OPERATION WITH THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY
AND PROVIDE THE REGISTRATION IDENTIFICATION NUMBER OF EACH PATIENT
TO THE STATE LICENSING AUTHORITY. THE INFORMATION PROVIDED TO THE
STATE MEDICAL MARIJUANA LICENSING AUTHORITY PURSUANT TO THIS
PARAGRAPH (e) SHALL NOT BE PROVIDED TO THE PUBLIC AND SHALL BE
CONFIDENTIAL. THE STATE LICENSING AUTHORITY SHALL VERIFY THE
LOCATION OF A PRIMARY CAREGIVER CULTIVATION OPERATION TO A LOCAL
GOVERNMENT OR LAW ENFORCEMENT AGENCY UPON RECEIVING AN
ADDRESS-SPECIFIC REQUEST FOR VERIFICATION. THE LOCATION OF THE
CULTIVATION OPERATION SHALL COMPLY WITH ALL APPLICABLE LOCAL
LAWS, RULES, OR REGULATIONS.
SECTION 22. 25-1.5-106 (16) (a), Colorado Revised Statutes, is
amended to read:
25-1.5-106. Medical marijuana program – powers and duties of
the state health agency – medical review board – medical marijuana
program cash fund – created – repeal. (16) Fees – repeal. (a) The state
health agency may collect fees from patients who, pursuant to section 14 of
article XVIII of the state constitution, apply to the medical marijuana
program for a registry identification card for the purpose of offsetting the
state health agency’s direct and indirect costs of administering the program.
The amount of the fees shall be set by rule of the state health agency. The
amount of the fees set pursuant to this section shall reflect the actual direct
and indirect costs of the state licensing authority in the administration and
enforcement of this article so that the fees avoid exceeding the statutory
limit on uncommitted reserves in administrative agency cash funds as set
forth in section 24-75-402 (3), C.R.S. The state health agency shall also
promulgate rules that allow a patient to claim indigence as it relates to
PAGE 18-HOUSE BILL 11-1043
paying the fee approved pursuant to this subsection (16). The rules shall
establish the standard for indigence, the process the state health agency shall
use to determine whether a patient who claims indigence meets the standard
for indigence, and the process for granting a waiver if the state health
agency determines that the patient meets the standard for indigence. THE
STATE HEALTH AGENCY SHALL NOT ASSESS A MEDICAL MARIJUANA REGISTRY
APPLICATION FEE TO AN APPLICANT WHO DEMONSTRATES, PURSUANT TO A
COPY OF THE APPLICANT’S STATE TAX RETURN CERTIFIED BY THE
DEPARTMENT OF REVENUE, THAT THE APPLICANT’S INCOME DOES NOT
EXCEED ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY
LINE, ADJUSTED FOR FAMILY SIZE. All fees collected by the state health
agency through the medical marijuana program shall be transferred to the
state treasurer who shall credit the same to the medical marijuana program
cash fund, which fund is hereby created.
SECTION 23. 39-1-102 (1.6), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
39-1-102. Definitions. As used in articles 1 to 13 of this title, unless
the context otherwise requires:
(1.6) (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, PROPERTY THAT IS USED SOLELY FOR THE CULTIVATION OF
MEDICAL MARIJUANA SHALL NOT BE CLASSIFIED AS AGRICULTURAL LAND.
SECTION 24. 39-26-123 (1) (a.5), (6) (a), and (6) (b) (I), Colorado
Revised Statutes, are amended to read:
39-26-123. Receipts – disposition – transfers of general fund
surplus – sales tax holding fund – creation – definitions. (1) As used in
this section, unless the context otherwise requires:
(a.5) “Sales taxes attributable to sales of medical marijuana” means
the net revenue raised from the state sales taxes imposed pursuant to this
article on the sales of medical marijuana.
(6) (a) For any state fiscal year commencing on or after July 1, 2010,
the general assembly shall annually appropriate the first two million dollars
of sales taxes attributable to sales of medical marijuana or equally
appropriate the sales taxes attributable to sales of medical marijuana if two
PAGE 19-HOUSE BILL 11-1043
million dollars is not generated TAXES REMITTED, PURSUANT TO THIS
ARTICLE, BY PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 43.3 OF
TITLE 12, C.R.S., OR EQUALLY APPROPRIATE THE SALES TAXES
ATTRIBUTABLE TO SALES TAXES REMITTED, PURSUANT TO THIS ARTICLE, BY
PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12,
C.R.S., IF LESS THAN TWO MILLION DOLLARS IS GENERATED.
(b) (I) One half of the moneys described in paragraph (a) of this
subsection (6) shall be appropriated to the department of human services to
be used to provide integrated behavioral health services for juveniles and
adults with substance use disorders and mental health treatment needs who
are involved with, or at risk of involvement with, the criminal justice
system. The moneys described in paragraph (a) of this subsection (6) shall
be appropriated to the department of human services to be used to provide
integrated behavioral health services for juveniles and adults with substance
use disorders or with substance use disorders and mental health treatment
needs who are involved with, or at risk of involvement with, the criminal
justice system. The department shall ensure that appropriations in this line
item are distributed through the department’s designated managed service
organizations and community mental health centers. The appropriations
shall be based on, including but not limited to substance use and mental
health prevalence data that is developed working collaboratively with the
managed services organizations and community mental health centers TO BE
USED FOR THE CIRCLE PROGRAM THAT PROVIDES INTENSIVE INPATIENT
TREATMENT FOR ADULTS WHO SUFFER FROM CO-OCCURRING DISORDERS AT
THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO.
SECTION 25. 12-36-118, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-36-118. Disciplinary action by board – immunity – rules.
(19) IF A PHYSICIAN HAS A RESTRICTION PLACED ON HIS OR HER LICENSE,
THE RESTRICTION SHALL, IF PRACTICABLE, STATE WHETHER THE
RESTRICTION PROHIBITS THE PHYSICIAN FROM MAKING A MEDICAL
MARIJUANA RECOMMENDATION.
SECTION 26. 12-43.3-202 (2) (a) (I), Colorado Revised Statutes,
is amended to read:
12-43.3-202. Powers and duties of state licensing authority –
PAGE 20-HOUSE BILL 11-1043
repeal. (2) (a) Rules promulgated pursuant to paragraph (b) of subsection
(1) of this section may include, but need not be limited to, the following
subjects:
(I) Compliance with, enforcement of, or violation of any provision
of this article, SECTION 18-18-406.3 (6), C.R.S., or any rule issued pursuant
to this article, including procedures and grounds for denying, suspending,
fining, restricting, or revoking a state license issued pursuant to this article;
SECTION 27. 18-4-412 (2) (a), Colorado Revised Statutes, is
amended to read:
18-4-412. Theft of medical records or medical information –
penalty. (2) As used in this section:
(a) “Medical record” means the written or graphic documentation,
sound recording, or computer record pertaining to medical, mental health,
and health care services, INCLUDING MEDICAL MARIJUANA SERVICES, which
are performed at the direction of a physician or other licensed health care
provider on behalf of a patient by physicians, dentists, nurses, technicians,
emergency medical technicians, mental health professionals, prehospital
providers, or other health care personnel. “Medical record” includes such
diagnostic documentation as X rays, electrocardiograms,
electroencephalograms, and other test results.
SECTION 28. 18-18-406.3, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
18-18-406.3. Medical use of marijuana by persons diagnosed
with debilitating medical conditions – unlawful acts – penalty – medical
marijuana program cash fund. (6) AN OWNER, OFFICER, OR EMPLOYEE
OF A BUSINESS LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., OR
AN EMPLOYEE OF THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY,
A LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY, OR THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT, WHO RELEASES OR MAKES PUBLIC A
PATIENT’S MEDICAL RECORD OR ANY CONFIDENTIAL INFORMATION
CONTAINED IN ANY SUCH RECORD THAT IS PROVIDED TO OR BY THE BUSINESS
LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., WITHOUT THE
WRITTEN AUTHORIZATION OF THE PATIENT COMMITS A CLASS 1
MISDEMEANOR; EXCEPT THAT THE OWNER, OFFICER, OR EMPLOYEE SHALL
PAGE 21-HOUSE BILL 11-1043
RELEASE THE RECORDS OR INFORMATION UPON REQUEST BY THE STATE OR
LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY. THE RECORDS OR
INFORMATION PRODUCED FOR REVIEW BY THE STATE OR LOCAL LICENSING
AUTHORITY SHALL NOT BECOME PUBLIC RECORDS BY VIRTUE OF THE
DISCLOSURE AND MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY
ARTICLE 43.3 OF TITLE 12, C.R.S., OR FOR ANOTHER STATE OR LOCAL LAW
ENFORCEMENT PURPOSE. THE RECORDS OR INFORMATION SHALL
CONSTITUTE MEDICAL DATA AS DEFINED BY SECTION 24-72-204 (3) (a) (I),
C.R.S. THE STATE OR LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY
MAY DISCLOSE ANY RECORDS OR INFORMATION SO OBTAINED ONLY TO
THOSE PERSONS DIRECTLY INVOLVED WITH ANY INVESTIGATION OR
PROCEEDING AUTHORIZED BY ARTICLE 43.3 OF TITLE 12, C.R.S., OR FOR ANY
STATE OR LOCAL LAW ENFORCEMENT PURPOSE.
SECTION 29. 25-1-1202 (1), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
25-1-1202. Index of statutory sections regarding medical record
confidentiality and health information. (1) Statutory provisions
concerning policies, procedures, and references to the release, sharing, and
use of medical records and health information include the following:
(ee.5) SECTION 18-18-406.3, C.R.S., CONCERNING MEDICAL
MARIJUANA PATIENT RECORDS;
SECTION 30. Appropriation – adjustments in 2011 long bill.
For the implementation of this act, appropriations made in the annual
general appropriation act for the fiscal year beginning July 1, 2011, shall be
adjusted as follows:
(1) The general fund appropriation to the department of human
services, division of mental health and alcohol and drug abuse services, for
mental health institutes, for mental health institute – Pueblo, is increased by
one million dollars ($1,000,000) and 14.5 FTE, for the circle program.
(2) The general fund appropriation to the department of human
services, division of mental health and alcohol and drug abuse services, for
co-occurring behavioral health services, for behavioral health services for
juveniles and adults at risk or involved in the criminal justice system, is
decreased by one million dollars ($1,000,000).
PAGE 22-HOUSE BILL 11-1043
(3) The cash funds appropriation to the department of revenue,
enforcement business group, medical marijuana enforcement division, is
decreased by seven thousand six hundred ninety-six dollars ($7,696) cash
funds. Said sum shall be from the medical marijuana license cash fund
created in section 12-43.3-501 (1), Colorado Revised Statutes.
SECTION 31. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
medical marijuana license cash fund created in section 12-43.3-501 (1),
Colorado Revised Statutes, not otherwise appropriated, to the department
of revenue, for allocation to the information technology division, for the
fiscal year beginning July 1, 2011, the sum of seven thousand six hundred
ninety-six dollars ($7,696) cash funds, or so much thereof as may be
necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby
appropriated to the governor – lieutenant governor – state planning and
budgeting, for allocation to the office of information technology, for the
fiscal year beginning July 1, 2011, sum of seven thousand six hundred
ninety-six dollars ($7,696), or so much thereof as may be necessary, for the
provision of programming services to the department of revenue related to
the implementation of this act. Said sum shall be from reappropriated funds
received from the department of revenue out of the appropriation made in
subsection (1) of this section.
SECTION 32. Effective date. This act shall take effect July 1,
2011.
PAGE 23-HOUSE BILL 11-1043
SECTION 33. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Frank McNulty Brandon C. Shaffer
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 24-HOUSE BILL 11-1043

Second Regular Session
Sixty-seventh General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 10-0773.02 Michael Dohr HOUSE BILL 10-1284
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
101 CONCERNING REGULATION OF MEDICAL MARIJUANA.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)
Section 1. The bill creates the medical marijuana licensing
authority (state licensing authority) in the department of revenue. The
state licensing authority grants, refuses, or renews a medical marijuana
center license after the licensee has received local approval. The state
licensing authority also administers aspects of medical marijuana
licensure, including rulemaking. Many of the functions and duties of the
state licensing authority are similar to those held by the state licensing
HOUSE SPONSORSHIP
Massey and Summers, McCann, Rice
SENATE SPONSORSHIP
Romer and Spence,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
authority for alcoholic beverages.
Section 2. Under the bill, the department of public health and
environment (department) will promulgate new rules related to standards
for issuing registry identification cards, documentation for physicians
who prescribe medical marijuana, and sanctions for physicians who
violate the bill.
A physician who certifies that a patient can use medical marijuana
shall certify certain information to the department and maintain a
record-keeping system for his or her medical marijuana patients. A
physician who certifies that a patient can use medical marijuana shall not
receive remuneration from or offer it to a primary caregiver, distributor,
or any other provider of medical marijuana.
The bill requires patients under 21 years of age who want to be
registered medical marijuana patients to receive recommendations from
2 doctors.
A primary caregiver may serve no more than 5 patients on the
registry at one time, unless the department allows more patients due to
exceptional circumstances.
A patient who is permitted to use medical marijuana must have in
his or her possession a registry identification card at all times when in
possession of medical marijuana.
The bill lists various places and situations in which the patient or
primary caregiver may not use or possess medical marijuana. A physician
who certifies that a patient can use medical marijuana may not receive
remuneration from a primary caregiver related to medical marijuana or
from a medical marijuana center.
The bill imposes a one-year moratorium on the opening of new
medical marijuana centers, but allows current medical marijuana centers
to operate for a year before becoming licensed.
Section 3. The bill provides an exception to the adulterated food
offenses for medical marijuana centers that manufacture or sell food that
contains medical marijuana if the food is labeled as containing medical
marijuana and the label specifies the amount of medical marijuana.
Sections 4, 5, and 6 make conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 12, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 43.3
5 Medical Marijuana
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1 PART 1
2 MEDICAL MARIJUANA LICENSING AUTHORITY
3 12-43.3-101. State licensing authority - creation. (1) FOR THE
4 PURPOSE OF REGULATING AND CONTROLLING THE LICENSING OF THE
5 CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL MARIJUANA IN THIS
6 STATE, THERE IS HEREBY CREATED THE MEDICAL MARIJUANA LICENSING
7 AUTHORITY, WHICH SHALL BE THE EXECUTIVE DIRECTOR OF THE
8 DEPARTMENT OF REVENUE, REFERRED TO IN THIS ARTICLE AS THE
9 “DEPARTMENT”, OR THE DEPUTY DIRECTOR OF THE DEPARTMENT IF THE
10 EXECUTIVE DIRECTOR SO DESIGNATES.
11 (2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL BE THE
12 CHIEF ADMINISTRATIVE OFFICER OF THE MEDICAL MARIJUANA LICENSING
13 AUTHORITY AND MAY EMPLOY, PURSUANT TO SECTION 13 OF ARTICLE XII
14 OF THE STATE CONSTITUTION, SUCH CLERKS AND INSPECTORS AS THE
15 EXECUTIVE DIRECTOR MAY DETERMINE TO BE NECESSARY.
16 12-43.3-102. Duties of state licensing authority - rules.
17 (1) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL:
18 (a) AFTER A MEDICAL MARIJUANA CENTER HAS OBTAINED LOCAL
19 APPROVAL, GRANT, REFUSE, OR RENEW A MEDICAL MARIJUANA CENTER
20 LICENSE FOR THE CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL
21 MARIJUANA AS PROVIDED BY LAW AND SUSPEND OR REVOKE THE LICENSE
22 UPON A VIOLATION OF THIS ARTICLE OR ANY RULE ADOPTED PURSUANT TO
23 THIS ARTICLE;
24 (b) PROMULGATE GENERAL RULES AND MAKE SPECIAL RULINGS
25 AND FINDINGS AS NECESSARY FOR THE PROPER REGULATION AND CONTROL
26 OF THE CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL MARIJUANA
27 AND FOR THE ENFORCEMENT OF THIS ARTICLE;
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(c) HEAR 1 AND DETERMINE AT A PUBLIC HEARING ALL COMPLAINTS
2 AGAINST A MEDICAL MARIJUANA CENTER AND ADMINISTER OATHS AND
3 ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND
4 PRODUCTION OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE
5 DETERMINATION OF ANY HEARING SO HELD;
6 (d) KEEP COMPLETE RECORDS OF ALL ACTS AND TRANSACTIONS OF
7 THE MEDICAL MARIJUANA LICENSING AUTHORITY, ALL OF WHICH RECORDS
8 SHALL BE AVAILABLE FOR INSPECTION BY THE DEPARTMENT AND LAW
9 ENFORCEMENT AGENCIES AND WHICH RECORDS, EXCEPT CONFIDENTIAL
10 REPORTS OBTAINED FROM THE MEDICAL MARIJUANA CENTER LICENSEE
11 SHOWING THE SALES VOLUME OR QUANTITY OF MEDICAL MARIJUANA
12 SOLD, SHALL BE OPEN FOR INSPECTION BY THE PUBLIC;
13 (e) PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND
14 MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS
15 PURSUANT TO SECTION 24-1-136, C.R.S., A REPORT ACCOUNTING TO THE
16 GOVERNOR FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES
17 ASSIGNED BY LAW OR DIRECTIVE TO THE MEDICAL MARIJUANA LICENSING
18 AUTHORITY;
19 (f) DETERMINE THE AMOUNT OF THE STATE LICENSE FEE; AND
20 (g) MAKE A REQUEST BY JANUARY 1, 2012, TO THE FEDERAL DRUG
21 ENFORCEMENT ADMINISTRATION TO CONSIDER RESCHEDULING, FOR
22 PHARMACEUTICAL PURPOSES, MARIJUANA FROM A SCHEDULE I
23 CONTROLLED SUBSTANCE TO A SCHEDULE II CONTROLLED SUBSTANCE.
24 (2) (a) RULES PROMULGATED PURSUANT TO THIS ARTICLE SHALL
25 ADDRESS, BUT NEED NOT BE LIMITED TO, THE FOLLOWING SUBJECTS
26 RELATED TO MEDICAL MARIJUANA:
27 (I) COMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY
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PROVISION OF 1 THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO
2 THIS ARTICLE INCLUDING PROCEDURES AND GROUNDS FOR SUSPENDING OR
3 REVOKING THE LICENSE OF A MEDICAL MARIJUANA CENTER;
4 (II) SPECIFICATION OF THE DUTIES OF THE OFFICERS AND
5 EMPLOYEES OF THE MEDICAL MARIJUANA LICENSING AUTHORITY;
6 (III) INSTRUCTIONS FOR LOCAL LICENSING AUTHORITIES AND LAW
7 ENFORCEMENT OFFICERS;
8 (IV) ALL FORMS NECESSARY OR CONVENIENT FOR THE
9 ADMINISTRATION OF THIS ARTICLE;
10 (V) MISREPRESENTATION, UNFAIR PRACTICES, AND UNFAIR
11 COMPETITION;
12 (VI) DEVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS FOR
13 OWNERS, OFFICERS, AND EMPLOYEES OF ENTITIES LICENSED PURSUANT TO
14 THIS ARTICLE, INCLUDING A FINGERPRINT-BASED CRIMINAL HISTORY
15 RECORD CHECK OR A NAME-BASED CRIMINAL HISTORY RECORD CHECK IF
16 THE APPLICANT’S FINGERPRINTS ARE UNCLASSIFIABLE PRIOR TO ISSUING
17 THE CARD;
18 (VII) REGULATION OF STORAGE, WAREHOUSES, AND
19 TRANSPORTATION;
20 (VIII) HEALTH AND SANITARY REQUIREMENTS;
21 (IX) PRACTICES DESIGNED TO AVOID AN UNDUE INCREASE IN THE
22 CONSUMPTION OF MEDICAL MARIJUANA;
23 (X) THE FORM AND CONTENT OF THE LICENSE, IDENTIFICATION
24 CARD, AND RENEWAL APPLICATIONS;
25 (XI) RECORD-KEEPING AND AUDIT REQUIREMENTS FOR MEDICAL
26 MARIJUANA CENTERS;
27 (XII) SECURITY REQUIREMENTS FOR MEDICAL MARIJUANA
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1 CENTERS THAT AT A MINIMUM INCLUDE LIGHTING AND ALARMS;
2 (XIII) STATE LICENSING PROCEDURES, INCLUDING RENEWALS, THE
3 FORM AND CONTENT OF LICENSING APPLICATIONS AND LICENSES, AND
4 LICENSING FEES;
5 (XIV) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES TAX
6 PAYMENTS BY MEDICAL MARIJUANA CENTERS;
7 (XV) UNLAWFUL FINANCIAL ARRANGEMENTS BETWEEN LICENSED
8 MEDICAL MARIJUANA CENTERS;
9 (XVI) AUTHORIZATION FOR THE DEPARTMENT TO HAVE ACCESS TO
10 LICENSING INFORMATION TO ENSURE INCOME TAX PAYMENT;
11 (XVII) WHAT CONSTITUTES GOOD MORAL CHARACTER PURSUANT
12 TO SECTION 12-43.3-301 (1) (a) (I);
13 (XVIII) THE SIZE, DIMENSIONS, AND ACCEPTABLE COLORS FOR A
14 MEDICAL MARIJUANA CENTER SIGN AUTHORIZED PURSUANT TO SECTION
15 12-43.3-305 (5); AND
16 (XIX) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR,
17 IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS
18 ARTICLE.
19 (b) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS
20 DELEGATING TO THE MEDICAL MARIJUANA LICENSING AUTHORITY THE
21 AUTHORITY TO FIX PRICES;
22 (c) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT A
23 LAW ENFORCEMENT AGENCY’S ABILITY TO INVESTIGATE UNLAWFUL
24 ACTIVITY IN RELATION TO A MEDICAL MARIJUANA CENTER.
25 (3) IN ANY HEARING HELD BY THE MEDICAL MARIJUANA LICENSING
26 AUTHORITY PURSUANT TO THIS ARTICLE, A PERSON MAY NOT REFUSE,
27 UPON REQUEST OF THE MEDICAL MARIJUANA LICENSING AUTHORITY, TO
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TESTIFY 1 OR PROVIDE OTHER INFORMATION ON THE GROUNDS OF
2 SELF-INCRIMINATION; BUT THE TESTIMONY OR OTHER INFORMATION
3 PRODUCED IN THE HEARING AND ANY INFORMATION DIRECTLY OR
4 INDIRECTLY DERIVED FROM THE TESTIMONY OR OTHER INFORMATION MAY
5 NOT BE USED AGAINST THE PERSON IN ANY CRIMINAL PROSECUTION BASED
6 ON A VIOLATION OF THIS ARTICLE EXCEPT A PROSECUTION FOR PERJURY IN
7 THE FIRST DEGREE COMMITTED IN SO TESTIFYING. CONTINUED REFUSAL
8 TO TESTIFY OR PROVIDE OTHER INFORMATION SHALL CONSTITUTE
9 GROUNDS FOR SUSPENSION OR REVOCATION OF A MEDICAL MARIJUANA
10 CENTER LICENSE GRANTED PURSUANT TO THIS ARTICLE.
11 12-43.3-103. License. (1) FOR THE PURPOSE OF REGULATING THE
12 CULTIVATION, SALE, AND DISTRIBUTION OF MEDICAL MARIJUANA, THE
13 MEDICAL MARIJUANA LICENSING AUTHORITY IN ITS DISCRETION, UPON
14 APPLICATION IN THE PRESCRIBED FORM MADE TO IT, MAY ISSUE AND
15 GRANT TO THE APPLICANT A MEDICAL MARIJUANA CENTER LICENSE,
16 SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY THIS
17 ARTICLE.
18 (2) ALL LICENSES GRANTED PURSUANT TO THIS ARTICLE SHALL BE
19 VALID FOR A PERIOD OF TWO YEARS FROM THE DATE OF ISSUANCE UNLESS
20 REVOKED OR SUSPENDED PURSUANT TO SECTION 12-43.3-401.
21 12-43.3-104. Medical marijuana center license cash fund. ALL
22 MONEYS COLLECTED PURSUANT TO THIS ARTICLE SHALL BE TRANSMITTED
23 TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE MEDICAL
24 MARIJUANA CENTER LICENSE CASH FUND, WHICH FUND IS HEREBY
25 CREATED AND REFERRED TO IN THIS SECTION AS THE “FUND”. THE
26 MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY
27 THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND
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INDIRECT COSTS ASSOCIATED WITH 1 IMPLEMENTING THIS ARTICLE. ANY
2 MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSE OF THIS ARTICLE
3 MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED BY LAW. ALL
4 INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF
5 MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY
6 UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT
7 THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT
8 BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.
9 PART 2
10 STATE AND LOCAL LICENSING PROCESS
11 12-43.3-201. Local authority - applications. PRIOR TO
12 SUBMITTING AN APPLICATION TO THE MEDICAL MARIJUANA LICENSING
13 AUTHORITY FOR A LICENSE DESCRIBED IN SECTION 12-43.3-103, AN
14 APPLICANT SHALL FILE AN APPLICATION FOR APPROVAL WITH THE
15 APPROPRIATE LOCAL LICENSING AUTHORITY, INCLUDING A FEE
16 DETERMINED BY THE LOCAL LICENSING AUTHORITY, ON FORMS PROVIDED
17 BY THE MEDICAL MARIJUANA LICENSING AUTHORITY AND CONTAINING
18 SUCH INFORMATION AS THE MEDICAL MARIJUANA LICENSING AUTHORITY
19 MAY REQUIRE. EACH APPLICATION SHALL BE VERIFIED BY THE OATH OR
20 AFFIRMATION OF SUCH PERSONS AS ARE PRESCRIBED BY THE MEDICAL
21 MARIJUANA LICENSING AUTHORITY.
22 12-43.3-202. Public notice - posting and publication - public
23 hearing. (1) UPON RECEIPT OF AN APPLICATION, EXCEPT AN APPLICATION
24 FOR RENEWAL OR FOR TRANSFER OF OWNERSHIP, A LOCAL LICENSING
25 AUTHORITY SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION NOT
26 LESS THAN THIRTY DAYS AFTER THE FILING DATE OF THE APPLICATION AND
27 SHALL POST AND PUBLISH THE PUBLIC NOTICE THEREOF NOT LESS THAN
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TEN DAYS PRIOR TO THE HEARING. 1 PUBLIC NOTICE SHALL BE GIVEN BY THE
2 APPLICANT POSTING A SIGN IN A CONSPICUOUS PLACE ON THE PREMISES
3 FOR WHICH APPLICATION HAS BEEN MADE AND BY PUBLICATION IN A
4 NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE
5 PREMISES ARE LOCATED.
6 (2) NOTICE GIVEN BY POSTING SHALL INCLUDE A SIGN OF SUITABLE
7 MATERIAL, NOT LESS THAN TWENTY-TWO INCHES WIDE AND TWENTY-SIX
8 INCHES HIGH, COMPOSED OF LETTERS NOT LESS THAN ONE INCH IN HEIGHT
9 AND STATING THE TYPE OF LICENSE APPLIED FOR, THE DATE OF THE
10 APPLICATION, THE DATE OF THE HEARING, AND THE NAME AND ADDRESS
11 OF THE APPLICANT, AND SUCH OTHER INFORMATION AS MAY BE REQUIRED
12 TO FULLY APPRISE THE PUBLIC OF THE NATURE OF THE APPLICATION. IF
13 THE APPLICANT IS A PARTNERSHIP, THE SIGN SHALL CONTAIN THE NAMES
14 AND ADDRESSES OF ALL PARTNERS, AND IF THE APPLICANT IS A
15 CORPORATION, AN ASSOCIATION, OR ANOTHER ORGANIZATION, THE SIGN
16 SHALL CONTAIN THE NAMES AND ADDRESSES OF THE PRESIDENT,
17 VICE-PRESIDENT, SECRETARY, AND MANAGER OR OTHER MANAGING
18 OFFICERS.
19 (3) NOTICE GIVEN BY PUBLICATION SHALL CONTAIN THE SAME
20 INFORMATION AS THAT REQUIRED FOR SIGNS.
21 (4) IF THE BUILDING IN WHICH THE MEDICAL MARIJUANA IS TO BE
22 SOLD IS IN EXISTENCE AT THE TIME OF THE APPLICATION, ANY SIGN POSTED
23 AS REQUIRED IN SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE
24 PLACED SO AS TO BE CONSPICUOUS AND PLAINLY VISIBLE TO THE GENERAL
25 PUBLIC. IF THE BUILDING IS NOT CONSTRUCTED AT THE TIME OF THE
26 APPLICATION, THE APPLICANT SHALL POST THE NOTICE ON THE PREMISES
27 UPON WHICH THE BUILDING IS TO BE CONSTRUCTED IN SUCH A MANNER
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THAT THE NOTICE SHALL 1 BE CONSPICUOUS AND PLAINLY VISIBLE TO THE
2 GENERAL PUBLIC.
3 (5) (a) AT THE PUBLIC HEARING HELD PURSUANT TO THIS SECTION,
4 EACH PARTY IN INTEREST SHALL BE ALLOWED TO PRESENT EVIDENCE AND
5 TO CROSS-EXAMINE WITNESSES.
6 (b) AS USED IN THIS SUBSECTION (5) AND IN SECTION 12-43.3-203,
7 “PARTY IN INTEREST” MEANS ANY OF THE FOLLOWING:
8 (I) THE APPLICANT;
9 (II) AN ADULT RESIDENT OF THE NEIGHBORHOOD UNDER
10 CONSIDERATION WHO DOES NOT REPRESENT A GROUP IDENTIFIED IN
11 SUBPARAGRAPH (V) OF THIS PARAGRAPH (b);
12 (III) THE OWNER OR MANAGER OF A BUSINESS LOCATED IN THE
13 NEIGHBORHOOD UNDER CONSIDERATION;
14 (IV) THE PRINCIPAL OR REPRESENTATIVE OF A SCHOOL OR DAY
15 CARE CENTER LOCATED WITHIN THE NEIGHBORHOOD AND WITHIN ONE
16 THOUSAND FEET OF THE PREMISES FOR WHICH A MEDICAL MARIJUANA
17 CENTER LICENSE IS UNDER CONSIDERATION;
18 (V) ONE REPRESENTATIVE OF AN ORGANIZED NEIGHBORHOOD
19 GROUP THAT ENCOMPASSES PART OR ALL OF THE NEIGHBORHOOD UNDER
20 CONSIDERATION FROM PRESENTING EVIDENCE SUBJECT TO THIS SECTION.
21 THE REPRESENTATIVE SHALL RESIDE WITHIN THE NEIGHBORHOOD GROUP’S
22 GEOGRAPHIC BOUNDARIES AND SHALL BE A MEMBER OF THE
23 NEIGHBORHOOD GROUP.
24 (VI) A REPRESENTATIVE OF A LOCAL LAW ENFORCEMENT AGENCY.
25 (c) THE LOCAL LICENSING AUTHORITY, IN ITS DISCRETION, MAY
26 LIMIT THE PRESENTATION OF EVIDENCE AND CROSS-EXAMINATION SO AS
27 TO PREVENT REPETITIVE AND CUMULATIVE EVIDENCE OR EXAMINATION.
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1 12-43.3-203. Results of local investigation - decision of
2 authorities. (1) NOT LESS THAN FIVE DAYS PRIOR TO THE DATE OF THE
3 HEARING REQUIRED IN SECTION 12-43.3-202, THE LOCAL LICENSING
4 AUTHORITY SHALL MAKE KNOWN ITS FINDINGS, BASED ON THE
5 INFORMATION IN THE APPLICATION, IN WRITING TO THE APPLICANT AND A
6 PARTY IN INTEREST. THE LOCAL LICENSING AUTHORITY HAS AUTHORITY
7 TO REFUSE TO ISSUE AN APPROVAL FOR GOOD CAUSE, SUBJECT TO JUDICIAL
8 REVIEW.
9 (2) (a) BEFORE ENTERING A DECISION APPROVING OR DENYING AN
10 APPLICATION, THE LOCAL LICENSING AUTHORITY SHALL CONSIDER, EXCEPT
11 WHERE THIS ARTICLE SPECIFICALLY PROVIDES OTHERWISE:
12 (I) THE FACTS AND EVIDENCE ADDUCED AS A RESULT OF ITS
13 INVESTIGATION, AS WELL AS ANY OTHER FACTS;
14 (II) THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD FOR
15 THE TYPE OF LICENSE FOR WHICH APPLICATION HAS BEEN MADE;
16 (III) THE DESIRES OF THE ADULT INHABITANTS OF THE
17 NEIGHBORHOOD;
18 (IV) THE NUMBER, TYPE, AND AVAILABILITY OF MEDICAL
19 MARIJUANA OUTLETS LOCATED IN OR NEAR THE NEIGHBORHOOD UNDER
20 CONSIDERATION; AND
21 (V) ANY OTHER PERTINENT MATTERS AFFECTING THE
22 QUALIFICATIONS OF THE APPLICANT FOR THE CONDUCT OF THE TYPE OF
23 BUSINESS PROPOSED.
24 (b) THE LOCAL LICENSING AUTHORITY MAY, BUT IS NOT REQUIRED
25 TO, CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD
26 IN CONSIDERING THE CONVERSION OR TRANSFER OF A LICENSE.
27 (3) A DECISION OF THE LOCAL LICENSING AUTHORITY APPROVING
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OR DENYING AN APPLICATION SHAL 1 L BE RELEASED IN WRITING STATING
2 THE REASONS FOR THE DECISION WITHIN THIRTY DAYS AFTER THE DATE OF
3 THE PUBLIC HEARING; EXCEPT THAT A LOCAL LICENSING AUTHORITY MAY
4 DELAY APPROVING AN APPLICATION IF NECESSARY UNDER THE PROVISIONS
5 OF SUBSECTION (4) OF THIS SECTION. THE LOCAL LICENSING AUTHORITY
6 SHALL SEND A COPY OF THE DECISION BY CERTIFIED MAIL TO THE
7 APPLICANT AT THE ADDRESS SHOWN IN THE APPLICATION. A DECISION
8 APPROVING A MEDICAL MARIJUANA CENTER LICENSE MAY INCLUDE A LIMIT
9 ON THE NUMBER OF PATIENTS THE CENTER MAY SERVE IN ORDER TO MEET
10 THE NEEDS AND NECESSITIES OF THE NEIGHBORHOOD.
11 (4) A LOCAL LICENSING AUTHORITY SHALL NOT APPROVE AN
12 APPLICATION UNTIL THE BUILDING IN WHICH THE BUSINESS IS TO BE
13 CONDUCTED IS READY FOR OCCUPANCY WITH THE FURNITURE, FIXTURES,
14 AND EQUIPMENT IN PLACE AS NECESSARY TO COMPLY WITH THE
15 APPLICABLE PROVISIONS OF THIS ARTICLE, AND THEN ONLY AFTER
16 INSPECTION OF THE PREMISES HAS BEEN MADE BY THE LOCAL LICENSING
17 AUTHORITY TO DETERMINE THAT THE APPLICANT HAS COMPLIED WITH THE
18 ARCHITECT’S DRAWING AND THE PLOT PLAN AND DETAILED SKETCH FOR
19 THE INTERIOR OF THE BUILDING SUBMITTED WITH THE APPLICATION.
20 (5) AFTER APPROVAL OF AN APPLICATION, THE LOCAL LICENSING
21 AUTHORITY SHALL NOTIFY THE MEDICAL MARIJUANA LICENSING
22 AUTHORITY OF THE APPROVAL, AND THE MEDICAL MARIJUANA AUTHORITY
23 SHALL INVESTIGATE AND EITHER APPROVE OR DISAPPROVE THE
24 APPLICATION FOR A STATE LICENSE.
25 12-43.3-204. Medical marijuana licensing authority
26 consideration of a license application. (1) THE MEDICAL MARIJUANA
27 LICENSING AUTHORITY SHALL DENY A MEDICAL MARIJUANA CENTER
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1 LICENSE IF:
2 (a) THE APPLICANT HAS NOT PAID THE STATE OR LOCAL LICENSING
3 FEE;
4 (b) THE PREMISES ON WHICH THE APPLICANT PROPOSES TO
5 CONDUCT ITS BUSINESS DO NOT MEET THE REQUIREMENTS OF THIS
6 ARTICLE;
7 (c) THE CHARACTER OF THE APPLICANT IS SUCH THAT VIOLATIONS
8 OF THIS ARTICLE WOULD BE LIKELY TO RESULT IF A LICENSE WERE
9 GRANTED; OR
10 (d) THE MEDICAL MARIJUANA LICENSING AUTHORITY DETERMINES
11 THE LICENSES ALREADY GRANTED FOR THE PARTICULAR LOCALITY ARE
12 ADEQUATE FOR THE REASONABLE NEEDS OF THE COMMUNITY BASED ON
13 THE TESTIMONY AND EVIDENCE OF THE MEDICAL NEEDS AND NECESSITY
14 OF THE POTENTIAL CUSTOMERS FOR THE APPROVAL OF THE LICENSE AT THE
15 PROPOSED LOCATION FOR THE SALE OF THE MEDICAL MARIJUANA.
16 (2) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL NOT
17 DENY A MEDICAL MARIJUANA CENTER LICENSE EXCEPT UPON CONCLUSION
18 OF A HEARING CONDUCTED AFTER FIFTEEN DAYS’ NOTICE TO THE
19 APPLICANT AND TO THE LOCAL LICENSING AUTHORITY. THE NOTICE SHALL
20 BE IN WRITING AND SHALL STATE THE GROUNDS UPON WHICH THE
21 APPLICATION MAY BE REFUSED. IF THE APPLICANT DOES NOT RESPOND TO
22 THE NOTICE WITHIN FIFTEEN DAYS AFTER THE DATE OF THE NOTICE, THE
23 MEDICAL MARIJUANA LICENSING AUTHORITY SHALL DENY THE
24 APPLICATION FOR A LICENSE. THE MEDICAL MARIJUANA LICENSING
25 AUTHORITY SHALL CONDUCT THE HEARING IN ACCORDANCE WITH THE
26 PROVISIONS OF SECTION 24-4-105, C.R.S., AND ANY JUDICIAL REVIEW OF
27 THE MEDICAL MARIJUANA LICENSING AUTHORITY’S DECISION SHALL BE
-13- HB10-1284
1 PURSUANT TO SECTION 24-4-106, C.R.S.
2 PART 3
3 LICENSE PROVISIONS
4 12-43.3-301. Persons prohibited as licensees. (1) (a) A
5 MEDICAL MARIJUANA CENTER LICENSE ISSUED PURSUANT TO THIS ARTICLE
6 SHALL NOT BE ISSUED TO OR HELD BY:
7 (I) A PERSON WHO IS NOT OF GOOD MORAL CHARACTER. THE
8 APPLICANT FOR A MEDICAL MARIJUANA CENTER LICENSE SHALL PRESENT
9 TESTIMONY AND OPINION EVIDENCE AS WELL AS PETITIONS AND
10 DOCUMENTATION AT THE HEARING HELD PURSUANT TO SECTION
11 12-43.3-202 TO PROVE THAT THE APPLICANT IS QUALIFIED TO HOLD A
12 LICENSE BASED UPON SATISFACTORY PROOF OF GOOD MORAL CHARACTER
13 AS WELL AS THE TESTIMONY OF BUSINESS PERSONS AND NEIGHBORS FROM
14 INSIDE THE DESIGNATED NEIGHBORHOOD OF THE RELEVANT AREA UNDER
15 CONSIDERATION, AS DETERMINED BY THE LOCAL LICENSING AUTHORITY.
16 (II) A NATURAL PERSON UNDER TWENTY-ONE YEARS OF AGE;
17 (III) A LICENSED PHYSICIAN;
18 (IV) A PEACE OFFICER, AS DEFINED IN SECTION 16-2.5-101,C.R.S.,
19 OR A FAMILY MEMBER OF A PEACE OFFICER;
20 (V) A PERSON WHO IS DELINQUENT IN FILING ANY TAX RETURNS
21 WITH A TAXING AGENCY; PAYING ANY TAXES, INTEREST, OR PENALTIES;
22 PAYING ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY; REPAYING
23 GOVERNMENT-INSURED STUDENT LOANS; OR PAYING CHILD SUPPORT;
24 (VI) A PERSON WHO HAS BEEN CONVICTED OF ANY FELONY OR OF
25 A MISDEMEANOR PURSUANT TO PART 4 OF ARTICLE 18 OF TITLE 18,C.R.S.;
26 OR
27 (VII) A PERSON WHO EMPLOYEES A PERSON AT THE MEDICAL
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1 MARIJUANA CENTER WHO HAS NOT PASSED A CRIMINAL HISTORY RECORD
2 CHECK.
3 (b) IN MAKING A DETERMINATION AS TO CHARACTER OR WHEN
4 CONSIDERING THE CONVICTION OF A CRIME, THE MEDICAL MARIJUANA OR
5 LOCAL LICENSING AUTHORITY SHALL BE GOVERNED BY THE PROVISIONS OF
6 SECTION 24-5-101, C.R.S.
7 (2) AT THE TIME OF FILING AN APPLICATION FOR ISSUANCE OR
8 RENEWAL OF A MEDICAL MARIJUANA CENTER LICENSE, AN APPLICANT
9 SHALL SUBMIT A SET OF HIS OR HER FINGERPRINTS AND FILE PERSONAL
10 HISTORY INFORMATION CONCERNING THE APPLICANT’S QUALIFICATIONS
11 FOR A LICENSE ON FORMS PREPARED BY THE MEDICAL MARIJUANA
12 LICENSING AUTHORITY. THE MEDICAL MARIJUANA LICENSING AUTHORITY
13 SHALL SUBMIT THE FINGERPRINTS TO THE COLORADO BUREAU OF
14 INVESTIGATION FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED
15 CRIMINAL HISTORY RECORD CHECKS. THE COLORADO BUREAU OF
16 INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL
17 BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING
18 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE MEDICAL
19 MARIJUANA LICENSING AUTHORITY MAY ACQUIRE A NAME-BASED
20 CRIMINAL HISTORY RECORD CHECK FOR AN APPLICANT OR A LICENSE
21 HOLDER WHO HAS TWICE SUBMITTED TO A FINGERPRINT-BASED CRIMINAL
22 HISTORY RECORD CHECK AND WHOSE FINGERPRINTS ARE UNCLASSIFIABLE.
23 AN APPLICANT WHO HAS PREVIOUSLY SUBMITTED FINGERPRINTS FOR
24 MEDICAL MARIJUANA LICENSING PURPOSES MAY REQUEST THAT THE
25 FINGERPRINTS ON FILE BE USED. THE MEDICAL MARIJUANA LICENSING
26 AUTHORITY SHALL USE THE INFORMATION RESULTING FROM THE
27 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE
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AND DETERMINE W 1 HETHER AN APPLICANT IS QUALIFIED TO HOLD A
2 LICENSE PURSUANT TO THIS ARTICLE. THE MEDICAL MARIJUANA
3 LICENSING AUTHORITY MAY VERIFY ANY OF THE INFORMATION AN
4 APPLICANT IS REQUIRED TO SUBMIT.
5 (3) THE LOCAL LICENSING AUTHORITY SHALL MAKE THE FINDINGS
6 OF THE INFORMATION ON THE APPLICATION KNOWN FIVE DAYS PRIOR TO
7 THE HEARING CONDUCTED PURSUANT TO SECTION 12-43.3-202.
8 12-43.3-302. Location restrictions. (1) A MEDICAL MARIJUANA
9 CENTER OPERATION SHALL ESTABLISH LEGAL CONTROL OF ITS PHYSICAL
10 LOCATION. THE PHYSICAL LOCATION SHALL MEET ALL APPLICABLE LOCAL
11 AND STATE ZONING LAWS.
12 (2) A MEDICAL MARIJUANA CENTER OPERATION SHALL NOT BE
13 LOCATED WITHIN ONE THOUSAND FEET OF THE PERIMETER OF A PUBLIC OR
14 PRIVATE ELEMENTARY OR SECONDARY SCHOOL, PRESCHOOL, OR DAY CARE
15 CENTER THAT EXISTED AT THE LOCATION PRIOR TO THE ESTABLISHMENT
16 OF THE OPERATION; EXCEPT THAT THE LOCAL LICENSING AUTHORITY MAY
17 ISSUE A VARIANCE.
18 12-43.3-303. Transfer of ownership and temporary permits.
19 (1) (a) A MEDICAL MARIJUANA CENTER LICENSE GRANTED UNDER THE
20 PROVISIONS OF THIS ARTICLE SHALL NOT BE TRANSFERABLE EXCEPT AS
21 PROVIDED IN THIS SUBSECTION (1).
22 (b) WHEN A MEDICAL MARIJUANA CENTER LICENSE HAS BEEN
23 ISSUED TO A HUSBAND AND WIFE, OR TO GENERAL OR LIMITED PARTNERS,
24 THE DEATH OF A SPOUSE OR PARTNER SHALL NOT REQUIRE THE SURVIVING
25 SPOUSE OR PARTNER TO OBTAIN A NEW LICENSE. ALL RIGHTS AND
26 PRIVILEGES GRANTED UNDER THE ORIGINAL LICENSE SHALL CONTINUE IN
27 FULL FORCE AND EFFECT AS TO THE SURVIVING SPOUSE OR PARTNERS FOR
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THE B 1 ALANCE OF THE LICENSE PERIOD.
2 (c) FOR ANY OTHER TRANSFER OF OWNERSHIP, A MEDICAL
3 MARIJUANA CENTER LICENSEE SHALL APPLY TO THE MEDICAL MARIJUANA
4 AND LOCAL LICENSING AUTHORITIES ON FORMS PREPARED AND FURNISHED
5 BY THE MEDICAL MARIJUANA LICENSING AUTHORITY. IN DETERMINING
6 WHETHER TO PERMIT A TRANSFER OF OWNERSHIP, THE MEDICAL
7 MARIJUANA AND LOCAL LICENSING AUTHORITIES SHALL CONSIDER ONLY
8 THE REQUIREMENTS OF SECTION 12-43.3-204. THE LOCAL LICENSING
9 AUTHORITY MAY HOLD A HEARING ON THE APPLICATION FOR TRANSFER OF
10 OWNERSHIP. THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A
11 HEARING PROVIDED FOR BY THIS PARAGRAPH (c) UNTIL IT HAS
12 CONSPICUOUSLY POSTED A NOTICE OF HEARING ON THE LICENSED
13 PREMISES FOR A PERIOD OF TEN DAYS AND PROVIDED NOTICE OF THE
14 HEARING TO THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING.
15 ANY TRANSFER OF OWNERSHIP HEARING BY THE MEDICAL MARIJUANA
16 LICENSING AUTHORITY SHALL BE HELD PURSUANT TO SECTION 12-43.3-204
17 (2).
18 (2) NOTWITHSTANDING ANY PROVISIONS OF THIS ARTICLE TO THE
19 CONTRARY, A LOCAL LICENSING AUTHORITY SHALL HAVE DISCRETIONARY
20 AUTHORITY TO ISSUE A TEMPORARY PERMIT TO A TRANSFEREE OF A
21 MEDICAL MARIJUANA CENTER LICENSE APPLICATION APPROVED BY THE
22 LOCAL LICENSING AUTHORITY PURSUANT TO THIS ARTICLE. A TEMPORARY
23 PERMIT SHALL AUTHORIZE A TRANSFEREE TO CONTINUE SELLING MEDICAL
24 MARIJUANA AS PERMITTED UNDER THE PERMANENT LICENSE DURING THE
25 PERIOD IN WHICH AN APPLICATION TO TRANSFER THE OWNERSHIP OF THE
26 LICENSE IS PENDING.
27 (3) A TEMPORARY PERMIT SHALL AUTHORIZE A TRANSFEREE TO
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CONDUCT BUSINESS, 1 SELL, AND CULTIVATE MEDICAL MARIJUANA IN
2 ACCORDANCE WITH THE MEDICAL MARIJUANA CENTER LICENSE OF THE
3 TRANSFEROR SUBJECT TO COMPLIANCE WITH ALL OF THE FOLLOWING
4 CONDITIONS:
5 (a) THE PREMISES WHERE MEDICAL MARIJUANA IS SOLD OR
6 CULTIVATED SHALL HAVE BEEN PREVIOUSLY LICENSED BY THE MEDICAL
7 MARIJUANA AND LOCAL LICENSING AUTHORITIES, AND THE MEDICAL
8 MARIJUANA CENTER LICENSE SHALL HAVE BEEN VALID AT THE TIME THE
9 APPLICANT FILED THE APPLICATION FOR TRANSFER OF OWNERSHIP WITH
10 THE LOCAL LICENSING AUTHORITY THAT HAS JURISDICTION TO APPROVE
11 AN APPLICATION FOR A TEMPORARY PERMIT.
12 (b) THE APPLICANT HAS FILED WITH THE LOCAL LICENSING
13 AUTHORITY ON FORMS PROVIDED BY THE MEDICAL MARIJUANA LICENSING
14 AUTHORITY AN APPLICATION FOR THE TEMPORARY PERMIT. THE
15 APPLICATION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE
16 FOLLOWING INFORMATION:
17 (I) THE NAME AND ADDRESS OF THE APPLICANT;
18 (II) THE APPLICANT’S FINANCIAL INTEREST IN THE PROPOSED
19 TRANSFER;
20 (III) THE PREMISES FOR WHICH THE TEMPORARY PERMIT IS
21 SOUGHT;
22 (IV) SUCH OTHER INFORMATION AS THE LOCAL LICENSING
23 AUTHORITY MAY REQUIRE; AND
24 (V) A STATEMENT THAT ALL ACCOUNTS FOR MEDICAL MARIJUANA
25 SOLD TO THE APPLICANT ARE PAID.
26 (c) THE APPLICANT SHALL FILE THE APPLICATION FOR A
27 TEMPORARY PERMIT NO LATER THAN THIRTY DAYS AFTER THE FILING OF
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THE APPLICATION FOR TRANSFER 1 OF OWNERSHIP AND SHALL INCLUDE WITH
2 THE APPLICATION PAYMENT OF A TEMPORARY PERMIT FEE NOT TO EXCEED
3 ONE HUNDRED DOLLARS.
4 (d) WHEN APPLYING TO THE LOCAL LICENSING AUTHORITY FOR A
5 TEMPORARY PERMIT, THE APPLICANT SHALL PROVIDE TO THE MEDICAL
6 MARIJUANA LICENSING AUTHORITY, BY FACSIMILE OR OTHERWISE, A COPY
7 OF THE STATEMENT MADE PURSUANT TO SUBPARAGRAPH (V) OF
8 PARAGRAPH (b) OF THIS SUBSECTION (3). THE STATEMENT IS A PUBLIC
9 RECORD AND SHALL BE OPEN TO INSPECTION BY THE PUBLIC.
10 (4) A LOCAL LICENSING AUTHORITY SHALL ISSUE OR DENY A
11 TEMPORARY PERMIT WITHIN FIVE WORKING DAYS AFTER RECEIVING THE
12 APPLICATION. A TEMPORARY PERMIT ISSUED PURSUANT TO THIS SECTION
13 SHALL BE VALID UNTIL SUCH TIME AS THE APPLICATION TO TRANSFER
14 OWNERSHIP OF THE MEDICAL MARIJUANA CENTER LICENSE TO THE
15 APPLICANT IS GRANTED OR DENIED OR FOR ONE HUNDRED TWENTY DAYS,
16 WHICHEVER OCCURS FIRST; EXCEPT THAT, IF THE APPLICATION TO
17 TRANSFER THE LICENSE HAS NOT BEEN GRANTED OR DENIED WITHIN THE
18 ONE-HUNDRED-TWENTY-DAY PERIOD AND THE TRANSFEREE
19 DEMONSTRATES GOOD CAUSE, THE LOCAL LICENSING AUTHORITY MAY, IN
20 ITS DISCRETION, EXTEND THE VALIDITY OF THE TEMPORARY PERMIT FOR
21 AN ADDITIONAL PERIOD NOT TO EXCEED SIXTY DAYS.
22 (5) A LOCAL LICENSING AUTHORITY SHALL ISSUE A TEMPORARY
23 PERMIT IN THE EVENT OF A TRANSFER OF POSSESSION OF THE LICENSED
24 PREMISES BY OPERATION OF LAW, A PETITION IN BANKRUPTCY PURSUANT
25 TO FEDERAL BANKRUPTCY LAW, THE APPOINTMENT OF A RECEIVER, A
26 FORECLOSURE ACTION BY A SECURED PARTY, OR A COURT ORDER
27 DISPOSSESSING THE PRIOR MEDICAL MARIJUANA CENTER LICENSEE OF ALL
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RIGHTS OF 1 POSSESSION PURSUANT TO ARTICLE 40 OF TITLE 13, C.R.S.
2 (6) A LOCAL LICENSING AUTHORITY MAY CANCEL, REVOKE, OR
3 SUMMARILY SUSPEND A TEMPORARY PERMIT IF IT DETERMINES THERE IS
4 PROBABLE CAUSE TO BELIEVE THAT THE TRANSFEREE HAS VIOLATED ANY
5 PROVISION OF THIS ARTICLE OR HAS VIOLATED ANY RULE ADOPTED BY THE
6 MEDICAL MARIJUANA OR LOCAL LICENSING AUTHORITY OR HAS FAILED TO
7 TRUTHFULLY DISCLOSE THOSE MATTERS REQUIRED PURSUANT TO THE
8 APPLICATION FORMS REQUIRED BY THE MEDICAL MARIJUANA LICENSING
9 AUTHORITY.
10 12-43.3-304. General license provisions. (1) THIS ARTICLE
11 DOES NOT PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM
12 LIMITING THE NUMBER OF MEDICAL MARIJUANA CENTERS THAT MAY
13 OPERATE IN THE POLITICAL SUBDIVISION OR FROM ENACTING REASONABLE
14 ZONING REGULATIONS APPLICABLE TO MEDICAL MARIJUANA CENTERS
15 BASED ON LOCAL GOVERNMENT ZONING, HEALTH, AND SAFETY LAWS FOR
16 THE DISTRIBUTION OF MEDICAL MARIJUANA.
17 (2) A MEDICAL MARIJUANA CENTER SHALL NOTIFY THE MEDICAL
18 MARIJUANA LICENSING AUTHORITY IN WRITING WITHIN TEN DAYS AFTER
19 AN OFFICER OR EMPLOYEE CEASES TO WORK AT OR OTHERWISE BE
20 ASSOCIATED WITH THE CENTER. THE OFFICER OR EMPLOYEE SHALL
21 SURRENDER HIS OR HER IDENTIFICATION CARD TO THE MEDICAL
22 MARIJUANA LICENSING AUTHORITY.
23 (3) A MEDICAL MARIJUANA CENTER SHALL NOTIFY THE MEDICAL
24 MARIJUANA LICENSING AUTHORITY IN WRITING OF THE NAME, ADDRESS,
25 AND DATE OF BIRTH OF AN OFFICER OR EMPLOYEE BEFORE THE NEW
26 OFFICER OR EMPLOYEE BEGINS WORKING AT OR IS ASSOCIATED WITH THE
27 CENTER OPERATION. THE OFFICER OR EMPLOYEE SHALL PASS A CRIMINAL
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HISTORY RECORD CHECK AND OBTAIN THE IDENTIFICATION 1 PRIOR TO BEING
2 ASSOCIATED WITH OR WORKING AT THE MEDICAL MARIJUANA CENTER.
3 (4) A MEDICAL MARIJUANA CENTER SHALL NOT ACQUIRE, POSSESS,
4 CULTIVATE, DELIVER, TRANSFER, TRANSPORT, SUPPLY, OR DISPENSE
5 MARIJUANA FOR ANY PURPOSE EXCEPT TO ASSIST PATIENTS, AS DEFINED
6 BY SECTION 14 (1) (d) OF ARTICLE XVIII OF THE STATE CONSTITUTION.
7 (5) ALL OPERATORS OF A MEDICAL MARIJUANA CENTER SHALL BE
8 RESIDENTS OF COLORADO.
9 12-43.3-305. Medical marijuana center requirements. (1) A
10 MEDICAL MARIJUANA CENTER SHALL BE A COLORADO NONPROFIT
11 CORPORATION, BUT NEED NOT BE DESIGNATED AS A NONPROFIT
12 CORPORATION BY THE FEDERAL GOVERNMENT.
13 (2) A MEDICAL MARIJUANA CENTER MAY OPERATE ONLY BETWEEN
14 THE HOURS OF 8 A.M. AND 7 P.M., MONDAY THROUGH SUNDAY. A
15 MEDICAL MARIJUANA CENTER SHALL NOT PERMIT SMOKING OR
16 CONSUMPTION OF MEDICAL MARIJUANA ON ITS PREMISES.
17 (3) (a) A MEDICAL MARIJUANA CENTER MAY POSSESS NO MORE
18 THAN SIX MEDICAL MARIJUANA PLANTS AND TWO OUNCES OF MEDICAL
19 MARIJUANA FOR EACH PATIENT WHO HAS REGISTERED THE CENTER AS HIS
20 OR HER PRIMARY CENTER PURSUANT TO SECTION 25-1.5-106 (10) (e),
21 C.R.S.; EXCEPT THAT A MEDICAL MARIJUANA CENTER MAY HAVE A TOTAL
22 OF NO MORE THAN THREE THOUSAND MEDICAL MARIJUANA PLANTS AND
23 NO MORE THAN ONE THOUSAND OUNCES OF MEDICAL MARIJUANA IN ITS
24 INVENTORY AT ANY ONE TIME.
25 (b) A MEDICAL MARIJUANA CENTER MAY CULTIVATE ITS OWN
26 MEDICAL MARIJUANA OR PURCHASE IT FROM ANOTHER LICENSED MEDICAL
27 MARIJUANA CENTER IN COLORADO. A MEDICAL MARIJUANA CENTER MAY
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1 NOT PURCHASE MEDICAL MARIJUANA FROM A SOURCE OTHER THAN A
2 LICENSED COLORADO MEDICAL MARIJUANA CENTER AND THE CENTER MAY
3 PURCHASE MEDICAL MARIJUANA ONLY IN AN AMOUNT THAT IS TEN
4 PERCENT OR LESS OF THE CENTER’S TOTAL INVENTORY OF MEDICAL
5 MARIJUANA. A MEDICAL MARIJUANA CENTER MAY SELL NO MORE THAN
6 TEN PERCENT OF ITS INVENTORY TO OTHER LICENSED MEDICAL MARIJUANA
7 CENTERS. A MEDICAL MARIJUANA CENTER SHALL ONLY PURCHASE OR
8 SELL MEDICAL MARIJUANA THAT IS CULTIVATED IN COLORADO.
9 (c) A MEDICAL MARIJUANA CENTER SHALL KEEP RECORDS
10 NECESSARY TO ENSURE ITS COMPLIANCE WITH THIS SUBSECTION (3).
11 (4) A MEDICAL MARIJUANA CENTER SHALL ALLOW REASONABLE
12 INSPECTION OF ITS PREMISES BY THE MEDICAL MARIJUANA LICENSING
13 AUTHORITY, INCLUDING DURING REASONABLE BUSINESS HOURS.
14 (5) A MEDICAL MARIJUANA CENTER MAY ONLY DISPLAY ONE
15 IDENTIFICATION SIGN AT ITS LOCATION. THE SIGN MAY NOT CONTAIN THE
16 NAME OR LOGO OF THE CENTER LOCATION AND SHALL CONFORM TO THE
17 RULES PROMULGATED BY THE MEDICAL MARIJUANA AUTHORITY PURSUANT
18 TO SECTION 12-43.3-102 (2) (a) (XVIII).
19 (6) A MEDICAL MARIJUANA CENTER THAT ADVERTISES ITS
20 SERVICES SHALL NOT:
21 (a) USE DEPICTIONS OF ANY PART OF THE MARIJUANA PLANT, THE
22 WHOLE PLANT, MARIJUANA LEAVES, OR PARAPHERNALIA IN THE
23 ADVERTISING;
24 (b) USE A LOGO OR ANY FORM OF BRANDING IN THE ADVERTISING;
25 OR
26 (c) PROVIDE ANY PRICING FOR ITS PRODUCTS IN THE ADVERTISING.
27 (7) A VIOLATION OF ANY OF SUBSECTIONS (1) TO (6) OF THIS
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SECTION I 1 S GROUNDS FOR SUSPENSION OR REVOCATION OF A MEDICAL
2 MARIJUANA CENTER LICENSE.
3 PART 4
4 DISCIPLINARY ACTIONS
5 12-43.3-401. Suspension - revocation - fines. (1) IN ADDITION
6 TO ANY OTHER PENALTIES PRESCRIBED BY THIS ARTICLE, THE MEDICAL
7 MARIJUANA LICENSING AUTHORITY HAS THE POWER, ON ITS OWN MOTION
8 OR ON COMPLAINT, AFTER INVESTIGATION AND PUBLIC HEARING AT WHICH
9 THE MEDICAL MARIJUANA CENTER LICENSEE SHALL BE AFFORDED AN
10 OPPORTUNITY TO BE HEARD, TO SUSPEND OR REVOKE A MEDICAL
11 MARIJUANA CENTER LICENSE ISSUED BY THE AUTHORITY. THE MEDICAL
12 MARIJUANA AUTHORITY MAY SUSPEND OR REVOKE A LICENSE FOR ANY
13 VIOLATION BY THE LICENSEE OR BY A PRINCIPAL OFFICER, A BOARD
14 MEMBER, AN AGENT, OR AN EMPLOYEE OF THE LICENSEE OF THE
15 PROVISIONS OF THIS ARTICLE OR ANY OF THE RULES AUTHORIZED
16 PURSUANT TO THIS ARTICLE OR OF ANY OF THE TERMS, CONDITIONS, OR
17 PROVISIONS OF THE LICENSE ISSUED BY THE AUTHORITY. THE MEDICAL
18 MARIJUANA LICENSING AUTHORITY HAS THE POWER TO ADMINISTER OATHS
19 AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND THE
20 PRODUCTION OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE
21 DETERMINATION OF ANY HEARING THAT THE LICENSING AUTHORITY IS
22 AUTHORIZED TO CONDUCT.
23 (2) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL
24 PROVIDE NOTICE OF SUSPENSION OR REVOCATION, AS WELL AS ANY
25 REQUIRED NOTICE OF A HEARING, BY MAILING THE SAME IN WRITING TO
26 THE MEDICAL MARIJUANA CENTER LICENSEE AT THE ADDRESS CONTAINED
27 IN THE MEDICAL MARIJUANA CENTER LICENSE. A SUSPENSION SHALL NOT
-23- HB10-1284
BE FOR A LONGER PE 1 RIOD THAN SIX MONTHS. IF A LICENSE IS SUSPENDED
2 OR REVOKED, NO PART OF THE FEES PAID FOR THE LICENSE SHALL BE
3 RETURNED TO THE LICENSEE. THE MEDICAL MARIJUANA LICENSING
4 AUTHORITY MAY SUMMARILY SUSPEND A LICENSE WITHOUT NOTICE
5 PENDING ANY PROSECUTION, INVESTIGATION, OR PUBLIC HEARING.
6 NOTHING IN THIS SECTION SHALL PREVENT THE SUMMARY SUSPENSION OF
7 A LICENSE FOR A TEMPORARY PERIOD OF NOT MORE THAN FIFTEEN DAYS.
8 (3) (a) WHENEVER A DECISION OF THE MEDICAL MARIJUANA
9 LICENSING AUTHORITY SUSPENDING A MEDICAL MARIJUANA CENTER
10 LICENSE FOR FOURTEEN DAYS OR LESS BECOMES FINAL, WHETHER BY
11 FAILURE OF THE LICENSEE TO APPEAL THE DECISION OR BY EXHAUSTION OF
12 ALL APPEALS AND JUDICIAL REVIEW, THE LICENSEE MAY, BEFORE THE
13 OPERATIVE DATE OF THE SUSPENSION, PETITION FOR PERMISSION TO PAY
14 A FINE IN LIEU OF HAVING THE LICENSE SUSPENDED FOR ALL OR PART OF
15 THE SUSPENSION PERIOD. UPON THE RECEIPT OF THE PETITION, THE
16 MEDICAL MARIJUANA LICENSING AUTHORITY MAY, IN ITS SOLE
17 DISCRETION, STAY THE PROPOSED SUSPENSION AND CAUSE ANY
18 INVESTIGATION TO BE MADE THAT IT DEEMS DESIRABLE AND MAY, IN ITS
19 SOLE DISCRETION, GRANT THE PETITION IF IT IS SATISFIED:
20 (I) THAT THE PUBLIC WELFARE AND MORALS WOULD NOT BE
21 IMPAIRED BY PERMITTING THE MEDICAL MARIJUANA CENTER LICENSEE TO
22 OPERATE DURING THE PERIOD SET FOR SUSPENSION AND THAT THE
23 PAYMENT OF THE FINE WILL ACHIEVE THE DESIRED DISCIPLINARY
24 PURPOSES;
25 (II) THAT THE BOOKS AND RECORDS OF THE MEDICAL MARIJUANA
26 CENTER LICENSEE ARE KEPT IN SUCH A MANNER THAT THE LOSS OF SALES
27 THAT THE LICENSEE WOULD HAVE SUFFERED HAD THE SUSPENSION GONE
-24- HB10-1284
INTO EFFECT 1 CAN BE DETERMINED WITH REASONABLE ACCURACY
2 THEREFROM; AND
3 (III) THAT THE MEDICAL MARIJUANA CENTER LICENSEE HAS NOT
4 HAD HIS OR HER MEDICAL MARIJUANA CENTER LICENSE SUSPENDED OR
5 REVOKED, NOR HAD ANY SUSPENSION STAYED BY PAYMENT OF A FINE,
6 DURING THE TWO YEARS IMMEDIATELY PRECEDING THE DATE OF THE
7 MOTION OR COMPLAINT THAT HAS RESULTED IN A FINAL DECISION TO
8 SUSPEND THE LICENSE.
9 (b) THE FINE ACCEPTED SHALL BE NOT LESS THAN FIVE HUNDRED
10 DOLLARS NOR MORE THAN ONE HUNDRED THOUSAND DOLLARS.
11 (c) PAYMENT OF A FINE PURSUANT TO THE PROVISIONS OF THIS
12 SUBSECTION (3) SHALL BE IN THE FORM OF CASH OR IN THE FORM OF A
13 CERTIFIED CHECK OR CASHIER’S CHECK MADE PAYABLE TO THE MEDICAL
14 MARIJUANA LICENSING AUTHORITY.
15 (4) UPON PAYMENT OF A FINE PURSUANT TO SUBSECTION (3) OF
16 THIS SECTION, THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL
17 ENTER ITS FURTHER ORDER PERMANENTLY STAYING THE IMPOSITION OF
18 THE SUSPENSION. FINES PAID TO THE MEDICAL MARIJUANA LICENSING
19 AUTHORITY PURSUANT TO SUBSECTION (3) OF THIS SECTION SHALL BE
20 TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO
21 THE STATE GENERAL FUND.
22 (5) IN CONNECTION WITH ANY PETITION PURSUANT TO SUBSECTION
23 (3) OF THIS SECTION, THE MEDICAL MARIJUANA LICENSING AUTHORITY IS
24 LIMITED TO THE GRANTING OF SUCH STAYS AS ARE NECESSARY FOR IT TO
25 COMPLETE ITS INVESTIGATION AND MAKE ITS FINDINGS AND, IF IT MAKES
26 SUCH FINDINGS, TO THE GRANTING OF AN ORDER PERMANENTLY STAYING
27 THE IMPOSITION OF THE ENTIRE SUSPENSION OR THAT PORTION OF THE
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1 SUSPENSION NOT OTHERWISE CONDITIONALLY STAYED.
2 (6) IF THE MEDICAL MARIJUANA LICENSING AUTHORITY DOES NOT
3 MAKE THE FINDINGS REQUIRED IN PARAGRAPH (a) OF SUBSECTION (3) OF
4 THIS SECTION AND DOES NOT ORDER THE SUSPENSION PERMANENTLY
5 STAYED, THE SUSPENSION SHALL GO INTO EFFECT ON THE OPERATIVE DATE
6 FINALLY SET BY THE MEDICAL MARIJUANA LICENSING AUTHORITY.
7 (7) NO LATER THAN JANUARY 15 OF EACH YEAR, THE MEDICAL
8 MARIJUANA LICENSING AUTHORITY SHALL COMPILE A REPORT OF THE
9 PRECEDING YEAR’S ACTIONS IN WHICH FINES, SUSPENSIONS, OR
10 REVOCATIONS WERE IMPOSED BY THE MEDICAL MARIJUANA LICENSING
11 AUTHORITY. THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL FILE
12 ONE COPY OF SAID REPORT WITH THE CHIEF CLERK OF THE HOUSE OF
13 REPRESENTATIVES, ONE COPY WITH THE SECRETARY OF THE SENATE, AND
14 SIX COPIES IN THE JOINT LEGISLATIVE LIBRARY.
15 PART 5
16 JUDICIAL REVIEW
17 12-43.3-501. Judicial review. A PERSON APPLYING TO THE COURT
18 FOR A REVIEW OF THE MEDICAL MARIJUANA LICENSING AUTHORITY’S
19 DECISION DENYING THE ISSUANCE OR RENEWAL OF A LICENSE OR A LOCAL
20 LICENSING AUTHORITY’S DECISION GRANTING OR DENYING APPROVAL
21 SHALL APPLY FOR REVIEW WITHIN THIRTY DAYS AFTER THE DATE OF THE
22 DECISION BY THE LOCAL LICENSING AUTHORITY OR, IN THE CASE OF A
23 REVIEW OF A DECISION BY THE MEDICAL MARIJUANA LICENSING
24 AUTHORITY, WITHIN THIRTY DAYS AFTER THE DATE OF THE DECISION BY
25 THE MEDICAL MARIJUANA LICENSING AUTHORITY. THE PERSON APPLYING
26 FOR REVIEW SHALL BE REQUIRED TO PAY THE COST OF PREPARING A
27 TRANSCRIPT OF PROCEEDINGS BEFORE THE LICENSING AUTHORITY IF HE OR
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SHE REQUESTS A TRANSCRIPT OR IF 1 THE LICENSING AUTHORITY FURNISHES
2 A TRANSCRIPT PURSUANT TO COURT ORDER.
3 SECTION 2. 25-1.5-106, Colorado Revised Statutes, is amended
4 to read:
5 25-1.5-106. Medical marijuana program - powers and duties
6 of the state health agency. (1) Legislative declaration. (a) THE
7 GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS NECESSARY TO
8 IMPLEMENT RULES TO ENSURE THAT PATIENTS SUFFERING FROM
9 LEGITIMATE DEBILITATING MEDICAL CONDITIONS ARE ABLE TO SAFELY
10 GAIN ACCESS TO MEDICAL MARIJUANA AND TO ENSURE THAT THESE
11 PATIENTS:
12 (I) ARE NOT SUBJECT TO CRIMINAL PROSECUTION FOR THEIR USE
13 OF MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF ARTICLE
14 XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES OF THE
15 STATE HEALTH AGENCY; AND
16 (II) ARE ABLE TO ESTABLISH AN AFFIRMATIVE DEFENSE TO THEIR
17 USE OF MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF
18 ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE
19 RULES OF THE STATE HEALTH AGENCY.
20 (b) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS
21 NECESSARY TO IMPLEMENT RULES TO PREVENT PERSONS WHO DO NOT
22 SUFFER FROM LEGITIMATE DEBILITATING MEDICAL CONDITIONS FROM
23 USING SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION AS A
24 MEANS TO SELL, ACQUIRE, POSSESS, PRODUCE, USE, OR TRANSPORT
25 MARIJUANA IN VIOLATION OF STATE AND FEDERAL LAWS.
26 (2) Definitions. IN ADDITION TO THE DEFINITIONS SET FORTH IN
27 SECTION 14 (1) OF ARTICLE XVIII OF THE STATE CONSTITUTION, AS USED
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IN THIS SECTION, UNLESS THE CONTEXT O 1 THERWISE REQUIRES:
2 (a) “BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP”, FOR PURPOSES
3 OF THE MEDICAL MARIJUANA PROGRAM, MEANS:
4 (I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR
5 COUNSELING RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS
6 COMPLETED A FULL ASSESSMENT OF THE PATIENT’S MEDICAL HISTORY AND
7 CURRENT MEDICAL CONDITION, INCLUDING A PERSONAL PHYSICAL
8 EXAMINATION;
9 (II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH
10 RESPECT TO THE PATIENT’S DEBILITATING MEDICAL CONDITION BEFORE
11 THE PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND
12 (III) THE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE
13 FOLLOW-UP CARE AND TREATMENT TO THE PATIENT, INCLUDING BUT NOT
14 LIMITED TO PATIENT EXAMINATIONS, TO DETERMINE THE EFFICACY OF THE
15 USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT’S
16 DEBILITATING MEDICAL CONDITION.
17 (b) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
18 THE STATE HEALTH AGENCY.
19 (c) “IN GOOD STANDING”, WITH RESPECT TO A PHYSICIAN’S
20 LICENSE, MEANS:
21 (I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF
22 OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL;
23 (II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO
24 PRACTICE MEDICINE IN COLORADO; AND
25 (III) THE PHYSICIAN HAS A VALID AND UNRESTRICTED UNITED
26 STATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT
27 ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION.
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1 (d) “MEDICAL MARIJUANA PROGRAM” MEANS THE PROGRAM
2 ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE
3 CONSTITUTION AND THIS SECTION.
4 (e) “PRIMARY CAREGIVER” MEANS A NATURAL PERSON, OTHER
5 THAN THE PATIENT OR THE PATIENT’S PHYSICIAN, WHO IS EIGHTEEN YEARS
6 OF AGE OR OLDER AND HAS SIGNIFICANT RESPONSIBILITY FOR MANAGING
7 THE WELL-BEING OF A PATIENT WHO HAS A DEBILITATING MEDICAL
8 CONDITION.
9 (f) “REGISTRY IDENTIFICATION CARD” MEANS THE
10 NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD
11 ISSUED BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY
12 CAREGIVERS PURSUANT TO THIS SECTION.
13 (g) “STATE HEALTH AGENCY” MEANS THE PUBLIC HEALTH RELATED
14 ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY
15 EXECUTIVE ORDER PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE
16 STATE CONSTITUTION.
17 (1) (3) Rule-making. (a) The department STATE HEALTH AGENCY
18 shall, pursuant to section 14 of article XVIII of the state constitution,
19 promulgate rules of administration concerning the implementation of the
20 medical marijuana program established by such section and that
21 specifically govern the following:
22 (a) (I) The establishment and maintenance of a confidential
23 registry of patients who have applied for and are entitled to receive a
24 registry identification card. THE CONFIDENTIAL REGISTRY OF PATIENTS
25 MAY BE USED TO DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED
26 TO THE COLORADO STATE BOARD OF MEDICAL EXAMINERS FOR A
27 SUSPECTED VIOLATION OF SECTION 14 OF ARTICLE XVIII OF THE STATE
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CONSTITUTION, 1 PARAGRAPH (a), (b), OR (c) OF SUBSECTION (4) OF THIS
2 SECTION, OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY
3 PURSUANT TO THIS SUBSECTION (3).
4 (b) (II) The development by the department STATE HEALTH
5 AGENCY of an application form and THE PROCESS FOR making such THE
6 form available to residents of this state seeking to be listed on the
7 confidential registry of patients who are entitled to receive a registry
8 identification card;
9 (c) (III) The verification by the department STATE HEALTH AGENCY
10 of medical information concerning patients who have applied for a
11 confidential registry IDENTIFICATION card OR FOR RENEWAL OF A
12 REGISTRY IDENTIFICATION CARD;
13 (IV) THE DEVELOPMENT BY THE STATE HEALTH AGENCY OF A
14 FORM THAT CONSTITUTES “WRITTEN DOCUMENTATION” AS DEFINED AND
15 USED IN SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION,
16 WHICH FORM A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL
17 MARIJUANA RECOMMENDATION FOR A PATIENT;
18 (d) (V) The CONDITIONS FOR issuance AND RENEWAL, and THE
19 form, of confidential THE registry identification cards ISSUED TO
20 PATIENTS, INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING
21 THAT THE STATE HEALTH AGENCY ISSUES A REGISTRY IDENTIFICATION
22 CARD TO A PATIENT ONLY IF HE OR SHE HAS A BONA FIDE
23 PHYSICIAN-PATIENT RELATIONSHIP WITH A PHYSICIAN IN GOOD STANDING
24 AND LICENSED TO PRACTICE MEDICINE IN THE STATE OF COLORADO;
25 (e) (VI) Communications with law enforcement officials about
26 confidential registry identification cards that have been suspended where
27 WHEN a patient is no longer diagnosed as having a debilitating medical
-30- HB10-1284
1 condition; and
2 (f) (VII) The manner in which the department STATE HEALTH
3 AGENCY may consider adding debilitating medical conditions to the list
4 of debilitating medical conditions contained in section 14 of article XVIII
5 of the state constitution.
6 (b) THE STATE HEALTH AGENCY MAY PROMULGATE RULES
7 REGARDING THE FOLLOWING:
8 (I) WHAT CONSTITUTES “SIGNIFICANT RESPONSIBILITY FOR
9 MANAGING THE WELL-BEING OF A PATIENT”; EXCEPT THAT THE ACT OF
10 SUPPLYING MEDICAL MARIJUANA OR MARIJUANA PARAPHERNALIA, BY
11 ITSELF, IS INSUFFICIENT TO CONSTITUTE “SIGNIFICANT RESPONSIBILITY FOR
12 MANAGING THE WELL-BEING OF A PATIENT”;
13 (II) THE DEVELOPMENT OF A FORM FOR A PRIMARY CAREGIVER TO
14 USE IN APPLYING TO THE REGISTRY, WHICH FORM SHALL REQUIRE, AT A
15 MINIMUM, THAT THE APPLICANT PROVIDE HIS OR HER FULL NAME, HOME
16 ADDRESS, DATE OF BIRTH, AND LIST OF CRIMINAL CONVICTIONS, IF ANY,
17 AND AN ATTESTATION THAT THE APPLICANT HAS A SIGNIFICANT
18 RESPONSIBILITY FOR MANAGING THE WELL-BEING OF THE PATIENT FOR
19 WHOM HE OR SHE IS DESIGNATED AS THE PRIMARY CAREGIVER AND THAT
20 HE OR SHE UNDERSTANDS AND WILL ABIDE BY SECTION 14 OF ARTICLE
21 XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES
22 PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
23 SECTION;
24 (III) THE DEVELOPMENT OF A FORM THAT CONSTITUTES “WRITTEN
25 DOCUMENTATION”, AS DEFINED AND USED IN SECTION 14 OF ARTICLE
26 XVIII OF THE STATE CONSTITUTION, WHICH FORM A PHYSICIAN SHALL USE
27 WHEN MAKING A MEDICAL MARIJUANA RECOMMENDATION FOR A PATIENT;
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1 AND
2 (IV) THE GROUNDS AND PROCEDURE FOR A PATIENT TO CHANGE
3 HIS OR HER DESIGNATED PRIMARY CAREGIVER.
4 (c) ON THE EFFECTIVE DATE OF THE RULES PROMULGATED
5 PURSUANT TO THIS SUBSECTION (3), THE MEDICAL MARIJUANA PROGRAM
6 RULES ADOPTED BY THE STATE BOARD OF HEALTH ARE REPEALED.
7 (4) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING
8 MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA
9 PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS:
10 (a) THE PHYSICIAN SHALL HAVE A VALID, UNRESTRICTED
11 COLORADO LICENSE TO PRACTICE MEDICINE, WHICH LICENSE IS IN GOOD
12 STANDING.
13 (b) THE PHYSICIAN MAY CERTIFY TO THE STATE HEALTH AGENCY
14 THAT A PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE
15 PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA ONLY IF THE
16 PHYSICIAN HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP WITH THE
17 PATIENT APPLYING FOR THE MEDICAL MARIJUANA PROGRAM.
18 (c) THE PHYSICIAN SHALL MAINTAIN A RECORD-KEEPING SYSTEM
19 FOR ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED THE
20 MEDICAL USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION
21 INITIATED PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN
22 SHALL PRODUCE SUCH MEDICAL RECORDS TO THE COLORADO STATE
23 BOARD OF MEDICAL EXAMINERS AFTER REDACTING ANY PATIENT OR
24 PRIMARY CAREGIVER IDENTIFYING INFORMATION.
25 (d) A PHYSICIAN SHALL NOT:
26 (I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY
27 REMUNERATION FROM OR TO A PRIMARY CAREGIVER, DISTRIBUTOR, OR
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1 ANY OTHER PROVIDER OF MEDICAL MARIJUANA;
2 (II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A
3 PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRIMARY
4 CAREGIVER, DISTRIBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA
5 TO PROCURE MEDICAL MARIJUANA;
6 (III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A
7 DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL
8 MARIJUANA IS SOLD OR DISTRIBUTED; OR
9 (IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT
10 PROVIDES OR DISTRIBUTES MEDICAL MARIJUANA IF THE PHYSICIAN
11 CERTIFIES THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR
12 PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM.
13 (5) Patients age eighteen to twenty-one years. A PATIENT WHO
14 IS BETWEEN EIGHTEEN AND TWENTY-ONE YEARS OF AGE, UNLESS THE
15 PATIENT IS LEGALLY EMANCIPATED, WHO APPLIES TO BE PLACED ON THE
16 CONFIDENTIAL REGISTRY OF MEDICAL MARIJUANA PATIENTS SHALL
17 PROVIDE DOCUMENTATION OF MEDICAL MARIJUANA USE
18 RECOMMENDATIONS FROM TWO SEPARATE PHYSICIANS WHO ADVISED THE
19 PATIENT AT SEPARATE APPOINTMENTS. THE DOCUMENTATION SHALL
20 PROVIDE THAT THE PHYSICIANS DIAGNOSED THE PATIENT WITH A
21 DEBILITATING MEDICAL CONDITION AND ADVISED THE PATIENT THAT THE
22 PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA IN
23 CONNECTION WITH THE DEBILITATING MEDICAL CONDITION.
24 (6) Enforcement. (a) IF THE STATE HEALTH AGENCY HAS
25 REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED
26 SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH
27 (a), (b), OR (c) OF SUBSECTION (4) OF THIS SECTION, OR THE RULES
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PROMULGATED BY THE STATE H 1 EALTH AGENCY PURSUANT TO SUBSECTION
2 (3) OF THIS SECTION, THE STATE HEALTH AGENCY MAY REFER THE MATTER
3 TO THE COLORADO STATE BOARD OF MEDICAL EXAMINERS CREATED IN
4 SECTION 12-36-103,C.R.S., FOR AN INVESTIGATION AND DETERMINATION.
5 (b) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO
6 BELIEVE THAT A PHYSICIAN HAS VIOLATED PARAGRAPH (d) OF SUBSECTION
7 (4) OF THIS SECTION, THE STATE HEALTH AGENCY SHALL CONDUCT A
8 HEARING PURSUANT TO SECTION 24-4-104, C.R.S., TO DETERMINE
9 WHETHER A VIOLATION HAS OCCURRED.
10 (c) UPON A FINDING OF UNPROFESSIONAL CONDUCT PURSUANT TO
11 SECTION 12-36-117 (1) (mm), C.R.S., BY THE COLORADO STATE BOARD
12 OF MEDICAL EXAMINERS OR A FINDING OF A VIOLATION OF PARAGRAPH (d)
13 OF SUBSECTION (4) OF THIS SECTION BY THE STATE HEALTH AGENCY, THE
14 STATE HEALTH AGENCY SHALL RESTRICT A PHYSICIAN’S AUTHORITY TO
15 RECOMMEND THE USE OF MEDICAL MARIJUANA, WHICH RESTRICTION MAY
16 INCLUDE THE REVOCATION OR SUSPENSION OF A PHYSICIAN’S PRIVILEGE TO
17 RECOMMEND MEDICAL MARIJUANA. THE RESTRICTION SHALL BE IN
18 ADDITION TO ANY SANCTION IMPOSED BY THE COLORADO STATE BOARD
19 OF MEDICAL EXAMINERS.
20 (d) WHEN THE STATE HEALTH AGENCY HAS OBJECTIVE AND
21 REASONABLE GROUNDS TO BELIEVE AND FINDS, UPON A FULL
22 INVESTIGATION, THAT A PHYSICIAN HAS BEEN GUILTY OF DELIBERATE AND
23 WILLFUL VIOLATION OF SECTION 14 OF ARTICLE XVIII OF THE STATE
24 CONSTITUTION, OF THIS SECTION, OR OF THE RULES PROMULGATED BY THE
25 STATE HEALTH AGENCY PURSUANT TO SUBSECTION (3) OF THIS SECTION,
26 OR THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY
27 REQUIRES EMERGENCY ACTION, AND THE EXECUTIVE DIRECTOR
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INCORPORATES THOSE FINDINGS I 1 NTO HIS OR HER ORDER, THE EXECUTIVE
2 DIRECTOR MAY ORDER THAT THE STATE HEALTH AGENCY SUMMARILY
3 SUSPEND A PHYSICIAN’S AUTHORITY TO RECOMMEND THE USE OF MEDICAL
4 MARIJUANA PENDING THE PROCEEDINGS SET FORTH IN PARAGRAPH (a) OR
5 (b) OF THIS SUBSECTION (6), WHICH SHALL BE PROPERLY INSTITUTED AND
6 DETERMINED. FOR PURPOSES OF THIS PARAGRAPH (d), “FULL
7 INVESTIGATION” MEANS A REASONABLE ASCERTAINMENT OF THE
8 UNDERLYING FACTS ON WHICH THE ACTION IS BASED.
9 (7) Renewal of patient identification card upon criminal
10 conviction. A PATIENT WHO IS CONVICTED OF A CRIMINAL OFFENSE
11 UNDER ARTICLE 18 OF TITLE 18, C.R.S., SENTENCED OR ORDERED BY A
12 COURT TO DRUG OR SUBSTANCE ABUSE TREATMENT, OR SENTENCED TO
13 THE DIVISION OF YOUTH CORRECTIONS, SHALL BE SUBJECT TO IMMEDIATE
14 RENEWAL OF HIS OR HER PATIENT REGISTRY IDENTIFICATION CARD, AND
15 THE PATIENT SHALL APPLY FOR THE RENEWAL BASED UPON A
16 RECOMMENDATION OF A COURT-APPOINTED PHYSICIAN.
17 (8) A PARENT WHO SUBMITS A MEDICAL MARIJUANA REGISTRY
18 APPLICATION FOR HIS OR HER CHILD SHALL HAVE HIS OR HER SIGNATURE
19 NOTARIZED ON THE APPLICATION.
20 (9) Primary caregivers. (a) A PRIMARY CAREGIVER MAY NOT
21 DELEGATE TO ANY OTHER PERSON HIS OR HER AUTHORITY TO PROVIDE
22 MEDICAL MARIJUANA TO A PATIENT NOR MAY A PRIMARY CAREGIVER
23 ENGAGE OTHERS TO ASSIST IN PROVIDING MEDICAL MARIJUANA TO A
24 PATIENT.
25 (b) TWO OR MORE PRIMARY CAREGIVERS MAY NOT JOIN TOGETHER
26 FOR THE PURPOSE OF CULTIVATING MEDICAL MARIJUANA.
27 (c) ONLY A MEDICAL MARIJUANA CENTER OR A PRIMARY
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CAREGIVER FOR HI 1 S OR HER PATIENTS OR A PATIENT FOR HIMSELF OR
2 HERSELF MAY CULTIVATE OR PROVIDE MARIJUANA AND ONLY FOR
3 MEDICAL USE; EXCEPT THAT, IF A PRIMARY CAREGIVER IS PROVIDING
4 MEDICAL MARIJUANA TO A PATIENT, THE PATIENT MAY NOT CULTIVATE
5 AND PROVIDE HIS OR HER OWN MEDICAL MARIJUANA.
6 (d) A PRIMARY CAREGIVER SHALL PROVIDE TO A LAW
7 ENFORCEMENT AGENCY, UPON INQUIRY, THE REGISTRY IDENTIFICATION
8 CARD NUMBER OF EACH OF HIS OR HER PATIENTS. THE STATE HEALTH
9 AGENCY SHALL MAINTAIN A REGISTRY OF THIS INFORMATION AND MAKE
10 IT AVAILABLE TWENTY-FOUR HOURS PER DAY AND SEVEN DAYS A WEEK TO
11 LAW ENFORCEMENT FOR VERIFICATION PURPOSES. UPON INQUIRY BY A
12 LAW ENFORCEMENT OFFICER AS TO AN INDIVIDUAL’S STATUS AS A PATIENT
13 OR PRIMARY CAREGIVER, THE STATE HEALTH AGENCY SHALL CHECK THE
14 REGISTRY. IF THE INDIVIDUAL IS NOT REGISTERED AS A PATIENT OR
15 PRIMARY CAREGIVER, THE STATE HEALTH AGENCY MAY PROVIDE THAT
16 RESPONSE TO LAW ENFORCEMENT. IF THE PERSON IS A REGISTERED
17 PATIENT OR PRIMARY CAREGIVER, THE STATE HEALTH AGENCY MAY NOT
18 RELEASE INFORMATION UNLESS CONSISTENT WITH SECTION 14 OF ARTICLE
19 XVIII OF THE STATE CONSTITUTION. THE STATE HEALTH AGENCY MAY
20 PROMULGATE RULES TO PROVIDE FOR THE EFFICIENT ADMINISTRATION OF
21 THIS PARAGRAPH (d).
22 (10) Patient - primary caregiver relationship. (a) A PERSON
23 SHALL BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE
24 PATIENTS ON THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN
25 TIME; EXCEPT THAT THE STATE HEALTH AGENCY MAY ALLOW A PRIMARY
26 CAREGIVER TO SERVE MORE THAN FIVE PATIENTS IN EXCEPTIONAL
27 CIRCUMSTANCES. IN DETERMINING WHETHER EXCEPTIONAL
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CIRCUMSTANCES EXIST THE STA 1 TE HEALTH AGENCY MAY CONSIDER THE
2 PROXIMITY OF MEDICAL MARIJUANA CENTERS TO THE PATIENT.
3 (b) A PATIENT SHALL HAVE ONLY ONE PRIMARY CAREGIVER AT
4 ANY GIVEN TIME.
5 (c) A PATIENT WHO HAS DESIGNATED A PRIMARY CAREGIVER FOR
6 HIMSELF OR HERSELF MAY NOT BE DESIGNATED AS A PRIMARY CAREGIVER
7 FOR ANOTHER PATIENT.
8 (d) (I) THE STATE HEALTH AGENCY SHALL MAINTAIN A SECURE
9 AND CONFIDENTIAL REGISTRY OF AVAILABLE PRIMARY CAREGIVERS FOR
10 THOSE PATIENTS WHO ARE UNABLE TO SECURE THE SERVICES OF A
11 PRIMARY CAREGIVER.
12 (II) AN EXISTING PRIMARY CAREGIVER MAY INDICATE AT THE TIME
13 OF REGISTRATION WHETHER HE OR SHE WOULD BE WILLING TO HANDLE
14 ADDITIONAL PATIENTS AND WAIVE CONFIDENTIALITY TO ALLOW RELEASE
15 OF HIS OR HER CONTACT INFORMATION TO PHYSICIANS OR REGISTERED
16 PATIENTS ONLY.
17 (III) AN INDIVIDUAL WHO IS NOT REGISTERED BUT IS WILLING TO
18 PROVIDE PRIMARY CAREGIVING SERVICES MAY SUBMIT HIS OR HER
19 CONTACT INFORMATION TO BE PLACED ON THE PRIMARY CAREGIVER
20 REGISTRY AFTER HE OR SHE HAS PASSED A CRIMINAL HISTORY RECORD
21 CHECK.
22 (IV) A PATIENT-PRIMARY CAREGIVER ARRANGEMENT SECURED
23 PURSUANT TO THIS PARAGRAPH (d) SHALL BE STRICTLY BETWEEN THE
24 PATIENT AND THE POTENTIAL PRIMARY CAREGIVER. THE STATE HEALTH
25 AGENCY, BY PROVIDING THE INFORMATION REQUIRED BY THIS PARAGRAPH
26 (d), SHALL NOT ENDORSE OR VOUCH FOR A PRIMARY CAREGIVER EXCEPT
27 TO THE EXTENT OF CONFIRMING THAT THE PRIMARY CAREGIVER PASSED A
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CRIMINAL 1 HISTORY RECORD CHECK. IN ORDER TO PASS THE CRIMINAL
2 HISTORY RECORD CHECK, THE PRIMARY CAREGIVER SHALL NOT HAVE BEEN
3 CONVICTED OF A FELONY OR A MISDEMEANOR PURSUANT TO PART 4 OF
4 ARTICLE 18 OF TITLE 18, C.R.S., WITHIN THE FIVE YEARS PRECEDING THE
5 CRIMINAL HISTORY RECORD CHECK.
6 (V) THE STATE HEALTH AGENCY MAY MAKE AN EXCEPTION, BASED
7 ON A REQUEST FROM A PATIENT, TO THE STATUTE LIMITING PRIMARY
8 CAREGIVERS TO FIVE PATIENTS. IF THE EXECUTIVE DIRECTOR MAKES AN
9 EXCEPTION TO THE LIMIT, THE STATE HEALTH AGENCY SHALL NOTE THE
10 EXCEPTION ON THE PRIMARY CAREGIVER’S RECORD IN THE REGISTRY.
11 (e) AT THE TIME A PATIENT APPLIES FOR INCLUSION ON THE
12 CONFIDENTIAL REGISTRY, THE PATIENT SHALL INDICATE WHETHER THE
13 PATIENT INTENDS TO CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA OR
14 INTENDS TO OBTAIN IT FROM EITHER A PRIMARY CAREGIVER OR A
15 LICENSED MEDICAL MARIJUANA CENTER. IF THE PATIENT ELECTS TO USE
16 A LICENSED MEDICAL MARIJUANA CENTER, THE PATIENT SHALL REGISTER
17 THE PRIMARY CENTER HE OR SHE INTENDS TO USE.
18 (11) Registry identification card required - denial - revocation
19 - renewal. (a) TO BE CONSIDERED IN COMPLIANCE WITH THE PROVISIONS
20 OF SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS
21 SECTION, AND THE RULES OF THE STATE HEALTH AGENCY, A PATIENT OR
22 PRIMARY CAREGIVER SHALL HAVE HIS OR HER REGISTRY IDENTIFICATION
23 CARD IN HIS OR HER POSSESSION AT ALL TIMES THAT HE OR SHE IS IN
24 POSSESSION OF ANY FORM OF MEDICAL MARIJUANA AND PRODUCE THE
25 SAME UPON REQUEST OF A LAW ENFORCEMENT OFFICER TO DEMONSTRATE
26 THAT THE PATIENT OR PRIMARY CAREGIVER IS NOT IN VIOLATION OF THE
27 LAW; EXCEPT THAT, IF MORE THAN THIRTY-FIVE DAYS HAVE PASSED SINCE
-38- HB10-1284
THE DATE THE 1 PATIENT OR PRIMARY CAREGIVER FILED HIS OR HER
2 MEDICAL MARIJUANA PROGRAM APPLICATION AND THE STATE HEALTH
3 AGENCY HAS NOT YET ISSUED OR DENIED A REGISTRY IDENTIFICATION
4 CARD, A COPY OF THE PATIENT’S OR PRIMARY CAREGIVER’S APPLICATION
5 ALONG WITH PROOF OF THE DATE OF SUBMISSION SHALL BE IN THE
6 PATIENT’S OR PRIMARY CAREGIVER’S POSSESSION AT ALL TIMES THAT HE
7 OR SHE IS IN POSSESSION OF ANY FORM OF MEDICAL MARIJUANA UNTIL THE
8 STATE HEALTH AGENCY ISSUES OR DENIES THE REGISTRY IDENTIFICATION
9 CARD. A PERSON WHO VIOLATES SECTION 14 OF ARTICLE XVIII OF THE
10 STATE CONSTITUTION, THIS SECTION, OR THE RULES PROMULGATED BY THE
11 STATE HEALTH AGENCY MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR
12 VIOLATIONS OF SECTION 18-18-406, C.R.S.
13 (b) THE EXECUTIVE DIRECTOR MAY DENY A PATIENT’S OR PRIMARY
14 CAREGIVER’S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR
15 REVOKE THE CARD IF THE EXECUTIVE DIRECTOR, IN ACCORDANCE WITH
16 ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE PHYSICIAN WHO
17 DIAGNOSED THE PATIENT’S DEBILITATING MEDICAL CONDITION, THE
18 PATIENT, OR THE PRIMARY CAREGIVER VIOLATED SECTION 14 OF ARTICLE
19 XVIII OF THE STATE CONSTITUTION, THIS SECTION, OR THE RULES
20 PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
21 SECTION.
22 (c) A PATIENT OR PRIMARY CAREGIVER REGISTRY IDENTIFICATION
23 CARD SHALL BE VALID FOR ONE YEAR AND SHALL CONTAIN A UNIQUE
24 IDENTIFICATION NUMBER. IT SHALL BE THE RESPONSIBILITY OF THE
25 PATIENT OR PRIMARY CAREGIVER TO APPLY TO RENEW HIS OR HER
26 REGISTRY IDENTIFICATION CARD PRIOR TO THE DATE ON WHICH THE CARD
27 EXPIRES. THE EXECUTIVE DIRECTOR SHALL DEVELOP A FORM FOR A
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PATIENT 1 OR PRIMARY CAREGIVER TO USE IN RENEWING HIS OR HER
2 REGISTRY IDENTIFICATION CARD.
3 (12) Use of medical marijuana. (a) THE USE OF MEDICAL
4 MARIJUANA IS ALLOWED UNDER STATE LAW TO THE EXTENT THAT IT IS
5 CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14 OF
6 ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE
7 RULES OF THE STATE HEALTH AGENCY.
8 (b) A PATIENT OR PRIMARY CAREGIVER SHALL NOT:
9 (I) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT
10 ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON;
11 (II) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW OF
12 OR IN A PLACE OPEN TO THE GENERAL PUBLIC;
13 (III) UNDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF
14 MEDICAL MARIJUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE
15 OR PROFESSIONAL MALPRACTICE;
16 (IV) POSSESS MEDICAL MARIJUANA, OR OTHERWISE ENGAGE IN THE
17 USE OF MEDICAL MARIJUANA:
18 (A) IN A SCHOOL BUS; OR
19 (B) ON THE GROUNDS OF OR WITHIN ONE THOUSAND FEET OF THE
20 PERIMETER OF A DAY CARE, A PRESCHOOL, OR A PUBLIC OR PRIVATE
21 ELEMENTARY OR SECONDARY SCHOOL;
22 (V) ENGAGE IN THE USE OF MEDICAL MARIJUANA WHILE:
23 (A) IN A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS
24 FACILITY;
25 (B) SUBJECT TO A SENTENCE TO INCARCERATION OR ON
26 PROBATION OR PAROLE, UNLESS OTHERWISE PROVIDED BY COURT ORDER;
27 OR
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1 (C) IN A VEHICLE, AIRCRAFT, OR MOTORBOAT;
2 (VI) OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL
3 OF ANY VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE UNDER THE
4 INFLUENCE OF MEDICAL MARIJUANA; OR
5 (VII) USE MEDICAL MARIJUANA IF THE PERSON DOES NOT HAVE A
6 DEBILITATING MEDICAL CONDITION AS DIAGNOSED BY THE PERSON’S
7 PHYSICIAN IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT
8 RELATIONSHIP AND FOR WHICH THE PHYSICIAN HAS RECOMMENDED THE
9 USE OF MEDICAL MARIJUANA.
10 (c) A PERSON SHALL NOT ESTABLISH A BUSINESS TO PERMIT
11 PATIENTS TO CONGREGATE AND SMOKE OR OTHERWISE CONSUME MEDICAL
12 MARIJUANA.
13 (13) Limit on cultivation of medical marijuana. ONLY
14 REGISTERED PATIENTS, LICENSED PRIMARY CAREGIVERS, AND LICENSED
15 MEDICAL MARIJUANA CENTERS MAY CULTIVATE MEDICAL MARIJUANA.
16 (14) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
17 RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
18 ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT’S PHYSICIAN
19 MUST ALSO CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES
20 THAT ARE NECESSARY TO ADDRESS THE PATIENT’S DEBILITATING MEDICAL
21 CONDITION AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO
22 ASSERTS THIS AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY
23 PRIVILEGES.
24 (2) (15) Fees. The department STATE HEALTH AGENCY may
25 collect fees from patients who, pursuant to section 14 of article XVIII of
26 the state constitution, apply to the medical marijuana program established
27 by such section for a marijuana registry identification CARD for the
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purpose of offsetting the department’s 1 STATE HEALTH AGENCY’S direct and
2 indirect costs of administering the program, AND THE COLORADO STATE
3 BOARD OF MEDICAL EXAMINERS’ DIRECT AND INDIRECT COSTS ASSOCIATED
4 WITH INVESTIGATING AND PROSECUTING REFERRALS OF PHYSICIANS FROM
5 THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL MARIJUANA
6 PROGRAM. The amount of such THE fees shall be set by rule of the state
7 board of health STATE HEALTH AGENCY. THE STATE HEALTH AGENCY
8 SHALL PROMULGATE RULES THAT ALLOW A PATIENT TO CLAIM INDIGENCE
9 AS IT RELATES TO PAYING THE FEE APPROVED PURSUANT TO THIS
10 SUBSECTION (15) AND THAT ESTABLISH THE STANDARD FOR INDIGENCE,
11 THE PROCESS THE STATE HEALTH AGENCY SHALL USE TO DETERMINE
12 WHETHER A PERSON WHO CLAIMS INDIGENCE MEETS THE STANDARD FOR
13 INDIGENCE, AND THE PROCESS TO WAIVE THE FEE APPROVED PURSUANT TO
14 THIS SUBSECTION (15) IF THE STATE HEALTH AGENCY DETERMINES THAT
15 THE PATIENT MEETS THE STANDARD FOR INDIGENCE. All fees collected by
16 the department STATE HEALTH AGENCY through the medical marijuana
17 program shall be transferred to the state treasurer who shall credit the
18 same to the medical marijuana program cash fund, which fund is hereby
19 created.
20 (3) (16) Cash fund. (a) The medical marijuana program cash
21 fund shall be subject to annual appropriation by the general assembly to
22 the department STATE HEALTH AGENCY for the purpose of establishing,
23 operating, and maintaining the medical marijuana program. established
24 by section 14 of article XVIII of the state constitution. THE STATE
25 HEALTH AGENCY SHALL TRANSFER FROM THE MEDICAL MARIJUANA
26 PROGRAM CASH FUND TO THE DEPARTMENT OF REGULATORY AGENCIES,
27 FOR THE BENEFIT OF THE COLORADO STATE BOARD OF MEDICAL
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EXAMINERS, 1 MONEYS TO PAY THE DIRECT AND INDIRECT COSTS
2 ASSOCIATED WITH INVESTIGATING AND PROSECUTING REFERRALS OF
3 PHYSICIANS FROM THE STATE HEALTH AGENCY IN RELATION TO THE
4 MEDICAL MARIJUANA PROGRAM. All moneys credited to the medical
5 marijuana program cash fund and all interest derived from the deposit of
6 such moneys that are not expended during the fiscal year shall be retained
7 in the fund for future use and shall not be credited or transferred to the
8 general fund or any other fund.
9 (b) Notwithstanding any provision of paragraph (a) of this
10 subsection (3) (16) to the contrary, on April 20, 2009, the state treasurer
11 shall deduct two hundred fifty-eight thousand seven hundred thirty-five
12 dollars from the medical marijuana program cash fund and transfer such
13 sum to the general fund.
14 (17) (a) AS OF THE EFFECTIVE DATE OF SECTION 2 OF HOUSE BILL
15 10-____, ENACTED IN 2010, A PERSON SHALL NOT OPEN A MEDICAL
16 MARIJUANA CENTER UNTIL THE CENTER HAS BEEN LICENSED PURSUANT TO
17 ARTICLE 43.3 OF TITLE 12, C.R.S.
18 (b) AS OF THE EFFECTIVE DATE OF SECTION 2 OF HOUSE BILL
19 10-____, ENACTED IN 2010, A PERSON WHO OPERATES A MEDICAL
20 MARIJUANA CENTER MAY OPERATE THAT CENTER UNTIL JULY 1, 2011.
21 AFTER JULY 1, 2011, THE PERSON SHALL APPLY FOR LICENSURE OF THE
22 MEDICAL MARIJUANA CENTER PURSUANT TO ARTICLE 43.3 OF TITLE 12,
23 C.R.S., AND MAY CONTINUE OPERATING THE MEDICAL MARIJUANA CENTER
24 ON AND AFTER JULY 1, 2011, ONLY IF THE CENTER IS LICENSED.
25 SECTION 3. 25-5-403, Colorado Revised Statutes, is amended
26 BY THE ADDITION OF A NEW SUBSECTION to read:
27 25-5-403. Offenses. (3) THE PROVISIONS OF THIS SECTION SHALL
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NOT APPLY T 1 O A MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO
2 ARTICLE 43.3 OF TITLE 12,C.R.S., THAT MANUFACTURES OR SELLS A FOOD
3 PRODUCT THAT CONTAINS MEDICAL MARIJUANA SO LONG AS THE FOOD
4 PRODUCT IS LABELED AS CONTAINING MEDICAL MARIJUANA AND THE
5 LABEL SPECIFIES THE AMOUNT OF MEDICAL MARIJUANA CONTAINED IN THE
6 FOOD PRODUCT.
7 SECTION 4. 25-1-1202 (1), Colorado Revised Statutes, is
8 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
9 25-1-1202. Index of statutory sections regarding medical
10 record confidentiality and health information. (1) Statutory
11 provisions concerning policies, procedures, and references to the release,
12 sharing, and use of medical records and health information include the
13 following:
14 (vv.5) SECTION 25-1.5-106, CONCERNING THE MEDICAL
15 MARIJUANA PROGRAM;
16 SECTION 5. 12-36-117 (1), Colorado Revised Statutes, is
17 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
18 12-36-117. Unprofessional conduct - repeal.
19 (1) “Unprofessional conduct” as used in this article means:
20 (mm) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION
21 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, SECTION 25-1.5-106,
22 C.R.S., OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY
23 PURSUANT TO SECTION 25-1.5-106 (3), C.R.S.
24 SECTION 6. 12-36-118 (5) (g), Colorado Revised Statutes, is
25 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
26 12-36-118. Disciplinary action by board - immunity.
27 (5) (g) (X) IN ALL CASES INVOLVING ALLEGED VIOLATIONS OF SECTION
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12-36-117 (1) (mm), 1 THE BOARD SHALL PROMPTLY NOTIFY THE
2 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND
3 ENVIRONMENT OF ITS FINDINGS, INCLUDING WHETHER IT FOUND THAT THE
4 PHYSICIAN VIOLATED SECTION 12-36-117 (1) (mm) AND ANY
5 RESTRICTIONS IT PLACED ON THE PHYSICIAN WITH RESPECT TO
6 RECOMMENDING THE USE OF MEDICAL MARIJUANA.
7 SECTION 7. 24-75-402 (5), Colorado Revised Statutes, is
8 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
9 24-75-402. Cash funds - limit on uncommitted reserves -
10 reduction in amount of fees - exclusions. (5) Notwithstanding any
11 provision of this section to the contrary, the following cash funds are
12 excluded from the limitations specified in this section:
13 (z) THE MEDICAL MARIJUANA CENTER LICENSE CASH FUND
14 CREATED IN SECTION 12-43.3-104, C.R.S.
15 SECTION 8. Specified effective date. Section 1 of this act shall
16 take effect July 1, 2011, and the remainder of this act shall take effect
17 upon passage.
18 SECTION 9. Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the immediate
20 preservation of the public peace, health, and safety.
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25-1.5-106. Medical marijuana program – powers and duties of department
(1) The department shall, pursuant to section 14 of article XVIII of the state constitution, promulgate rules of administration concerning the implementation of the medical marijuana program established by such section and that specifically govern the following:
(a)
The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card;
(b)
The development by the department of an application form and making such form available to residents of this state seeking to be listed on the confidential registry of patients who are entitled to receive a registry identification card;
(c)
The verification by the department of medical information concerning patients who have applied for a confidential registry card;
(d)
The issuance and form of confidential registry identification cards;
(e)
Communications with law enforcement officials about confidential registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition; and
(f)
The manner in which the department may consider adding debilitating medical conditions to the list of debilitating medical conditions contained in section 14 of article XVIII of the state constitution.
(2) The department may collect fees from patients who, pursuant to section 14 of article XVIII of the state constitution, apply to the medical marijuana program established by such section for a marijuana registry identification for the purpose of offsetting the department’s direct and indirect costs of administering the program. The amount of such fees shall be set by rule of the state board of health. All fees collected by the department through the medical marijuana program shall be transferred to the state treasurer who shall credit the same to the medical marijuana program cash fund, which fund is hereby created.
(3) (a) The medical marijuana program cash fund shall be subject to annual appropriation by the general assembly to the department for the purpose of establishing, operating, and maintaining the medical marijuana program established by section 14 of article XVIII of the state constitution. All moneys credited to the medical marijuana program cash fund and all interest derived from the deposit of such moneys that are not expended during the fiscal year shall be retained in the fund for future use and shall not be credited or transferred to the general fund or any other fund.
(b) Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, on April 20, 2009, the state treasurer shall deduct two hundred fifty-eight thousand seven hundred thirty-five dollars from the medical marijuana program cash fund and transfer such sum to the general fund.
Source: L. 2003: Entire article added, p. 686, § 2, effective July 1. L. 2009: (3) amended, (SB 09-208), ch. 149, p. 624, § 20, effective April 20.

18-18-406.3. Medical use of marijuana by persons diagnosed with debilitating medical conditions – unlawful acts – penalty – medical marijuana program cash fund.
(1) The general assembly hereby finds and declares that:
(a)
Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election;
(b)
Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana by a patient to alleviate an appropriately diagnosed debilitating medical condition;
(c)
Section 14 of article XVIII of the state constitution requires a state health agency designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana;
(d)
The governor, in accordance with paragraph (h) of subsection (1) of section 14 of article XVIII of the state constitution, has designated the department of public health and environment, referred to in this section as the department, to be the state health agency responsible for the administration of the medical marijuana program;
(e)
Section 14 of article XVIII of the state constitution requires the department to process the applications of patients who wish to qualify for and be placed on the confidential registry for the medical use of marijuana, and to issue registry identification cards to patients who qualify for placement on the registry;
(f)
Section 14 of article XVIII of the state constitution sets forth the lawful limits on the medical use of marijuana;
(g)
Section 14 of article XVIII of the state constitution requires the general assembly to determine and enact criminal penalties for specific acts described in the constitutional provision;
(h)
In interpreting the provisions of section 14 of article XVIII of the state constitution, the general assembly has applied the definitions contained in subsection (1) of the constitutional provision and has attempted to give the remaining words of the constitutional provision their plain meaning;
(i)
This section reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 14 of article XVIII of the state constitution.
(2) (a) Any person who fraudulently represents a medical condition to a physician, the department, or a state or local law enforcement official for the purpose of falsely obtaining a marijuana registry identification card from the department, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, commits a class 1 misdemeanor.
(b) If an officer or employee of the department receives information that causes such officer or employee reasonably to believe that fraudulent representation, as described in paragraph (a) of this subsection (2), has occurred, such officer or employee shall report the information to either the district attorney of the county in which the applicant for the marijuana registry identification card resides, or to the attorney general.
(3) The fraudulent use or theft of any person’s marijuana registry identification card, including, but not limited to, any card that is required to be returned to the department pursuant to section 14 of article XVIII of the state constitution, is a class 1 misdemeanor.
(4) The fraudulent production or counterfeiting of, or tampering with, one or more marijuana registry identification cards is a class 1 misdemeanor.
(5) Any person including, but not limited to, any officer, employee, or agent of the department, or any officer, employee, or agent of any state or local law enforcement agency, who releases or makes public any confidential record or any confidential information contained in any such record that is provided to or by the marijuana registry of the department without the written authorization of the marijuana registry patient commits a class 1 misdemeanor.
Source: L. 2001: Entire section added, p. 471, § 1, effective April 27

SENATE BILL 10-109
BY SENATOR(S) Romer and Spence, Boyd, Bacon, Hodge, Hudak,
Johnston, Tapia, Tochtrop, Foster, Newell, Williams;
also REPRESENTATIVE(S) Massey and McCann, Rice, Frangas,
McFadyen, Casso, Fischer, Labuda, Miklosi, Soper, Summers, Todd, Vigil,
Kagan, Looper, Waller.

CONCERNING REGULATION OF THE PHYSICIAN-PATIENT RELATIONSHIP FOR
MEDICAL MARIJUANA PATIENTS, AND MAKING APPROPRIATIONS IN
CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 25-1.5-106, Colorado Revised Statutes, is amended
to read:
25-1.5-106. Medical marijuana program – powers and duties of
state health agency – medical review board – repeal. (1) Definitions.
IN ADDITION TO THE DEFINITIONS SET FORTH IN SECTION 14 (1) OF ARTICLE
XVIII OF THE STATE CONSTITUTION, AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) “BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP”, FOR PURPOSES
OF THE MEDICAL MARIJUANA PROGRAM, MEANS:
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
(I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR COUNSELING
RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS COMPLETED A
FULL ASSESSMENT OF THE PATIENT’S MEDICAL HISTORY AND CURRENT
MEDICAL CONDITION, INCLUDING AN APPROPRIATE PERSONAL PHYSICAL
EXAMINATION;
(II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH
RESPECT TO THE PATIENT’S DEBILITATING MEDICAL CONDITION BEFORE THE
PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND
(III) THE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE
FOLLOW-UP CARE AND TREATMENT TO THE PATIENT, INCLUDING BUT NOT
LIMITED TO PATIENT EXAMINATIONS, TO DETERMINE THE EFFICACY OF THE
USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT’S
DEBILITATING MEDICAL CONDITION.
(b) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE STATE HEALTH AGENCY.
(c) “IN GOOD STANDING”, WITH RESPECT TO A PHYSICIAN’S LICENSE,
MEANS:
(I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF
OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL;
(II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO
PRACTICE MEDICINE IN COLORADO; AND
(III) THE PHYSICIAN HAS A VALID AND UNRESTRICTED UNITED
STATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT
ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION.
(d) “MEDICAL MARIJUANA PROGRAM” MEANS THE PROGRAM
ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION
AND THIS SECTION.
(e) “REGISTRY IDENTIFICATION CARD” MEANS THE
NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD ISSUED
BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY CAREGIVERS
PURSUANT TO THIS SECTION.
(f) “STATE HEALTH AGENCY” MEANS THE PUBLIC HEALTH RELATED
ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY
EXECUTIVE ORDER PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE
STATE CONSTITUTION.
(1) (2) Rule-making. The department STATE HEALTH AGENCY shall,
pursuant to section 14 of article XVIII of the state constitution, promulgate
rules of administration concerning the implementation of the medical
marijuana program established by such section and that specifically govern
the following:
(a) The establishment and maintenance of a confidential registry of
patients who have applied for and are entitled to receive a registry
identification card. THE CONFIDENTIAL REGISTRY OF PATIENTS MAY BE USED
TO DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED TO THE
COLORADO BOARD OF MEDICAL EXAMINERS FOR A SUSPECTED VIOLATION OF
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a),
(b), OR (c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES
PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
SUBSECTION (2).
(b) The development by the department STATE HEALTH AGENCY of
an application form and THE PROCESS FOR making such THE form available
to residents of this state seeking to be listed on the confidential registry of
patients who are entitled to receive a registry identification card;
(c) The verification by the department STATE HEALTH AGENCY of
medical information concerning patients who have applied for a
confidential registry IDENTIFICATION card OR FOR RENEWAL OF A REGISTRY
IDENTIFICATION CARD;
(d) THE DEVELOPMENT BY THE STATE HEALTH AGENCY OF A FORM
THAT CONSTITUTES “WRITTEN DOCUMENTATION” AS DEFINED AND USED IN
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, WHICH FORM
A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL MARIJUANA
RECOMMENDATION FOR A PATIENT;
(d) (e) The CONDITIONS FOR issuance AND RENEWAL, and THE form,
of confidential THE registry identification cards ISSUED TO PATIENTS,
INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING THAT THE STATE
HEALTH AGENCY ISSUES A REGISTRY IDENTIFICATION CARD TO A PATIENT
ONLY IF HE OR SHE HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP
WITH A PHYSICIAN IN GOOD STANDING AND LICENSED TO PRACTICE MEDICINE
IN THE STATE OF COLORADO;
(e) (f) Communications with law enforcement officials about
confidential registry identification cards that have been suspended where
WHEN a patient is no longer diagnosed as having a debilitating medical
condition; and
(f) (g) The manner in which the department STATE HEALTH AGENCY
may consider adding debilitating medical conditions to the list of
debilitating medical conditions contained in section 14 of article XVIII of
the state constitution.
(3) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING
MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA
PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS:
(a) THE PHYSICIAN SHALL HAVE A VALID, UNRESTRICTED COLORADO
LICENSE TO PRACTICE MEDICINE, WHICH LICENSE IS IN GOOD STANDING.
(b) AFTER A PHYSICIAN, WHO HAS A BONA FIDE PHYSICIAN-PATIENT
RELATIONSHIP WITH THE PATIENT APPLYING FOR THE MEDICAL MARIJUANA
PROGRAM, DETERMINES, FOR THE PURPOSES OF MAKING A
RECOMMENDATION, THAT THE PATIENT HAS A DEBILITATING MEDICAL
CONDITION AND THAT THE PATIENT MAY BENEFIT FROM THE USE OF MEDICAL
MARIJUANA, THE PHYSICIAN SHALL CERTIFY TO THE STATE HEALTH AGENCY
THAT THE PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE
PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA. IF THE
PHYSICIAN CERTIFIES THAT THE PATIENT WOULD BENEFIT FROM THE USE OF
MEDICAL MARIJUANA BASED ON A CHRONIC OR DEBILITATING DISEASE OR
MEDICAL CONDITION, THE PHYSICIAN SHALL SPECIFY THE CHRONIC OR
DEBILITATING DISEASE OR MEDICAL CONDITION AND, IF KNOWN, THE CAUSE
OR SOURCE OF THE CHRONIC OR DEBILITATING DISEASE OR MEDICAL
CONDITION.
(c) THE PHYSICIAN SHALL MAINTAIN A RECORD-KEEPING SYSTEM FOR
ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED THE MEDICAL
USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION INITIATED
PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN SHALL PRODUCE
SUCH MEDICAL RECORDS TO THE COLORADO STATE BOARD OF MEDICAL
EXAMINERS AFTER REDACTING ANY PATIENT OR PRIMARY CAREGIVER
IDENTIFYING INFORMATION.
(d) A PHYSICIAN SHALL NOT:
(I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY
REMUNERATION FROM OR TO A PRIMARY CAREGIVER, DISTRIBUTOR, OR ANY
OTHER PROVIDER OF MEDICAL MARIJUANA;
(II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A
PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRIMARY CAREGIVER,
DISTRIBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA TO PROCURE
MEDICAL MARIJUANA;
(III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A
DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL
MARIJUANA IS SOLD OR DISTRIBUTED; OR
(IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT
PROVIDES OR DISTRIBUTES MEDICAL MARIJUANA IF THE PHYSICIAN CERTIFIES
THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR PARTICIPATION IN
THE MEDICAL MARIJUANA PROGRAM.
(4) Enforcement. (a) IF THE STATE HEALTH AGENCY HAS
REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED SECTION
14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a), (b), OR
(c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES PROMULGATED BY
THE STATE HEALTH AGENCY PURSUANT TO SUBSECTION (2) OF THIS SECTION,
THE STATE HEALTH AGENCY MAY REFER THE MATTER TO THE STATE BOARD
OF MEDICAL EXAMINERS CREATED IN SECTION 12-36-103, C.R.S., FOR AN
INVESTIGATION AND DETERMINATION.
(b) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO
BELIEVE THAT A PHYSICIAN HAS VIOLATED PARAGRAPH (d) OF SUBSECTION
(3) OF THIS SECTION, THE STATE HEALTH AGENCY SHALL CONDUCT A
HEARING PURSUANT TO SECTION 24-4-104, C.R.S., TO DETERMINE WHETHER
A VIOLATION HAS OCCURRED.
(c) UPON A FINDING OF UNPROFESSIONAL CONDUCT PURSUANT TO
SECTION 12-36-117 (1) (mm), C.R.S., BY THE STATE BOARD OF MEDICAL
EXAMINERS OR A FINDING OF A VIOLATION OF PARAGRAPH (d) OF
SUBSECTION (3) OF THIS SECTION BY THE STATE HEALTH AGENCY, THE STATE
HEALTH AGENCY SHALL RESTRICT A PHYSICIAN’S AUTHORITY TO
RECOMMEND THE USE OF MEDICAL MARIJUANA, WHICH RESTRICTIONS MAY
INCLUDE THE REVOCATION OR SUSPENSION OF A PHYSICIAN’S PRIVILEGE TO
RECOMMEND MEDICAL MARIJUANA. THE RESTRICTION SHALL BE IN
ADDITION TO ANY SANCTION IMPOSED BY THE STATE BOARD OF MEDICAL
EXAMINERS.
(d) WHEN THE STATE HEALTH AGENCY HAS OBJECTIVE AND
REASONABLE GROUNDS TO BELIEVE AND FINDS, UPON A FULL
INVESTIGATION, THAT A PHYSICIAN HAS DELIBERATELY AND WILLFULLY
VIOLATED SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION OR
THIS SECTION AND THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE
IMPERATIVELY REQUIRES EMERGENCY ACTION, AND THE STATE HEALTH
AGENCY INCORPORATES THOSE FINDINGS INTO AN ORDER, THE STATE
HEALTH AGENCY MAY SUMMARILY SUSPEND THE PHYSICIAN’S AUTHORITY TO
RECOMMEND THE USE OF MEDICAL MARIJUANA PENDING THE PROCEEDINGS
SET FORTH IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (4). A HEARING
ON THE ORDER OF SUMMARY SUSPENSION SHALL BE HELD NO LATER THAN
THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER OF SUMMARY SUSPENSION,
UNLESS A LONGER TIME IS AGREED TO BY THE PARTIES, AND AN INITIAL
DECISION IN ACCORDANCE WITH SECTION 24-4-105 (14), C.R.S., SHALL BE
RENDERED NO LATER THAN THIRTY DAYS AFTER THE CONCLUSION OF THE
HEARING CONCERNING THE ORDER OF SUMMARY SUSPENSION.
(5) Renewal of patient identification card upon criminal
conviction. ANY PATIENT WHO IS CONVICTED OF A CRIMINAL OFFENSE
UNDER ARTICLE 18 OF TITLE 18, C.R.S., SENTENCED OR ORDERED BY A
COURT TO DRUG OR SUBSTANCE ABUSE TREATMENT, OR SENTENCED TO THE
DIVISION OF YOUTH CORRECTIONS, SHALL BE SUBJECT TO IMMEDIATE
RENEWAL OF HIS OR HER PATIENT REGISTRY IDENTIFICATION CARD, AND THE
PATIENT SHALL APPLY FOR THE RENEWAL BASED UPON A RECOMMENDATION
FROM A PHYSICIAN WITH WHOM THE PATIENT HAS A BONA FIDE
PHYSICIAN-PATIENT RELATIONSHIP.
(6) A PARENT WHO SUBMITS A MEDICAL MARIJUANA REGISTRY
APPLICATION FOR HIS OR HER CHILD SHALL HAVE HIS OR HER SIGNATURE
NOTARIZED ON THE APPLICATION.
(2) (7) Fees – repeal. (a) The department STATE HEALTH AGENCY
may collect fees from patients who, pursuant to section 14 of article XVIII
of the state constitution, apply to the medical marijuana program established
by such section for a marijuana registry identification CARD for the purpose
of offsetting the department’s STATE HEALTH AGENCY’S direct and indirect
costs of administering the program. The amount of such THE fees shall be
set by rule of the state board of health STATE HEALTH AGENCY. THE STATE
HEALTH AGENCY SHALL ALSO PROMULGATE RULES THAT ALLOW A PATIENT
TO CLAIM INDIGENCE AS IT RELATES TO PAYING THE FEE APPROVED
PURSUANT TO THIS SUBSECTION (7). THE RULES SHALL ESTABLISH THE
STANDARD FOR INDIGENCE, THE PROCESS THE STATE HEALTH AGENCY SHALL
USE TO DETERMINE WHETHER A PATIENT WHO CLAIMS INDIGENCE MEETS THE
STANDARD FOR INDIGENCE, AND THE PROCESS FOR GRANTING A WAIVER IF
THE STATE HEALTH AGENCY DETERMINES THAT THE PATIENT MEETS THE
STANDARD FOR INDIGENCE. All fees collected by the department STATE
HEALTH AGENCY through the medical marijuana program shall be
transferred to the state treasurer who shall credit the same to the medical
marijuana program cash fund, which fund is hereby created.
(b) (I) THE FEES COLLECTED PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (7) MAY BE USED FOR THE DIRECT AND INDIRECT COSTS TO THE
STATE BOARD OF MEDICAL EXAMINERS ASSOCIATED WITH INVESTIGATING
AND PROSECUTING UP TO FIVE OF THE REFERRALS OF PHYSICIANS RECEIVED
PER YEAR FROM THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL
MARIJUANA PROGRAM.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2012.
(3) (8) Cash fund – repeal. (a) The medical marijuana program
cash fund shall be subject to annual appropriation by the general assembly
to the department STATE HEALTH AGENCY for the purpose of establishing,
operating, and maintaining the medical marijuana program. established by
section 14 of article XVIII of the state constitution. All moneys credited to
the medical marijuana program cash fund and all interest derived from the
deposit of such moneys that are not expended during the fiscal year shall be
retained in the fund for future use and shall not be credited or transferred to
the general fund or any other fund.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (3) (8) to the contrary, on April 20, 2009, the state treasurer shall
deduct two hundred fifty-eight thousand seven hundred thirty-five dollars
from the medical marijuana program cash fund and transfer such sum to the
general fund.
(c) (I) THE STATE HEALTH AGENCY SHALL TRANSFER FROM THE
MEDICAL MARIJUANA PROGRAM CASH FUND TO THE DEPARTMENT OF
REGULATORY AGENCIES FOR ALLOCATION TO THE STATE BOARD OF MEDICAL
EXAMINERS MONEYS TO COVER THE DIRECT AND INDIRECT COSTS
ASSOCIATED WITH INVESTIGATING AND PROSECUTING UP TO FIVE OF THE
REFERRALS OF PHYSICIANS RECEIVED PER YEAR FROM THE STATE HEALTH
AGENCY IN RELATION TO THE MEDICAL MARIJUANA PROGRAM.
(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2012.
(9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2019.
SECTION 2. 25-1-1202 (1), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
25-1-1202. Index of statutory sections regarding medical record
confidentiality and health information. (1) Statutory provisions
concerning policies, procedures, and references to the release, sharing, and
use of medical records and health information include the following:
(vv.5) SECTION 25-1.5-106, CONCERNING THE MEDICAL MARIJUANA
PROGRAM;
SECTION 3. 12-36-117 (1), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
12-36-117. Unprofessional conduct – repeal. (1) “Unprofessional
conduct” as used in this article means:
(mm) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 14
OF ARTICLE XVIII OF THE STATE CONSTITUTION, SECTION 25-1.5-106,
C.R.S., OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY
PURSUANT TO SECTION 25-1.5-106 (2), C.R.S.
SECTION 4. 12-36-118 (5) (g), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
12-36-118. Disciplinary action by board – immunity.
(5) (g) (X) IN ALL CASES INVOLVING ALLEGED VIOLATIONS OF SECTION
12-36-117 (1) (mm), THE BOARD SHALL PROMPTLY NOTIFY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF
ITS FINDINGS, INCLUDING WHETHER IT FOUND THAT THE PHYSICIAN
VIOLATED SECTION 12-36-117 (1) (mm) AND ANY RESTRICTIONS IT PLACED
ON THE PHYSICIAN WITH RESPECT TO RECOMMENDING THE USE OF MEDICAL
MARIJUANA.
SECTION 5. 12-36-103 (6) (a), Colorado Revised Statutes, is
amended to read:
12-36-103. State board of medical examiners – immunity –
subject to termination – repeal of article. (6) (a) (I) The provisions of
section 24-34-104, C.R.S., concerning the termination schedule for
regulatory bodies of the state unless extended as provided in that section,
are applicable to the Colorado state board of medical examiners created by
this section.
(II) THE REVIEW REQUIRED BY THIS SUBSECTION (6) SHALL INCLUDE
AN ANALYSIS OF PHYSICIAN RESPONSIBILITIES RELATED TO
RECOMMENDATIONS FOR MEDICAL MARIJUANA AND THE PROVISIONS OF
SECTION 25-1.5-106, C.R.S.
SECTION 6. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
medical marijuana program cash fund created in section 25-1.5-106 (8),
Colorado Revised Statutes, not otherwise appropriated, to the department
of public health and environment, for the fiscal year beginning July 1, 2010,
the sum of eight hundred fifteen thousand two hundred twenty-four dollars
($815,224) cash funds and 2.1 FTE, or so much thereof as may be
necessary, for the implementation of this act. Of said appropriation,
ninety-nine thousand eight hundred seventy-nine dollars ($99,879) shall be
allocated to the administration and support division and seven hundred
fifteen thousand three hundred forty-five dollars ($715,345) and 2.1 FTE
shall be allocated to the center for health and environmental information.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of regulatory agencies, for the fiscal year
beginning July 1, 2010, the sum of five hundred ninety-three thousand three
hundred thirty-three dollars ($593,333) and 1.2 FTE, for the investigation
and prosecution of physicians referred to the board of medical examiners
pursuant to section 25-1.5-106 (5), Colorado Revised Statutes, or so much
thereof as may be necessary for the implementation of this act. Said
appropriation shall be from reappropriated funds received from the
department of public health and environment out of the appropriation made
in subsection (1) of this section to the center for health and environmental
information. Of said appropriation, five hundred twelve thousand five
hundred eighty-four dollars ($512,584) shall be allocated to the executive
director’s office and eighty thousand seven hundred forty-nine dollars
($80,749) and 1.2 FTE shall be allocated to the division of registrations.
(3) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July 1,
2010, the sum of six hundred twelve thousand four hundred sixty-three
dollars ($612,463) and 5.2 FTE, or so much thereof as may be necessary,
for the provision of legal services to the department of public health and
environment and the department of regulatory agencies related to the
implementation of this act. Of said appropriation, ninety-nine thousand
eight hundred seventy-nine dollars ($99,879) shall be from reappropriated
funds received from the department of public health and environment out
of the appropriation made in subsection (1) of this section to the
administration and support division and five hundred twelve thousand five
hundred eighty-four dollars ($512,584) shall be from reappropriated funds
received from the department of regulatory agencies out of the
appropriation made in subsection (2) of this section to the executive
director’s office.
SECTION 7. Severability. If any provision of this act or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 8. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.

Amendment 64
Use and Regulation of Marijuana
1 Ballot Title: Shall there be an amendment to the Colorado constitution
2 concerning marijuana, and, in connection therewith, providing for the regulation
3 of marijuana; permitting a person twenty-one years of age or older to consume or
4 possess limited amounts of marijuana; providing for the licensing of cultivation
5 facilities, product manufacturing facilities, testing facilities, and retail stores;
6 permitting local governments to regulate or prohibit such facilities; requiring the
7 general assembly to enact an excise tax to be levied upon wholesale sales of
8 marijuana; requiring that the first $40 million in revenue raised annually by such
9 tax be credited to the public school capital construction assistance fund; and
10 requiring the general assembly to enact legislation governing the cultivation,
11 processing, and sale of industrial hemp?
12 Text of Measure:
13 Be it Enacted by the People of the State of Colorado:
14 Article XVIII of the constitution of the state of Colorado is amended BY THE
15 ADDITION OF A NEW SECTION to read:
16 Section 16. Personal use and regulation of marijuana
17 (1) Purpose and findings.
18 (a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT
19 RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL
20 FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE
21 USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE
22 OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.
23 (b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR
24 CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE
25 THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO
26 THAT:
27 (I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING
28 MARIJUANA;
1
1 (II) SELLING, DISTRIBUTING, OR TRANSFERRING MARIJUANA TO MINORS
2 AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REMAIN
3 ILLEGAL;
4 (III) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN
5 ILLEGAL;
6 (IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL
7 ACTORS, WILL CONDUCT SALES OF MARIJUANA; AND
8 (V) MARIJUANA SOLD IN THIS STATE WILL BE LABELED AND SUBJECT TO
9 ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND
10 PROTECTED.
11 (c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE
12 TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF
13 COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE
14 REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9
15 TETRAHYDROCANNABINOL (THC) CONCENTRATIONS.
16 (d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE
17 THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE
18 APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE,
19 THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIED HEREIN,
20 MATTERS OF STATEWIDE CONCERN.
21 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
22 REQUIRES,
23 (a) “COLORADO MEDICAL MARIJUANA CODE” MEANS ARTICLE 43.3 OF
24 TITLE 12, COLORADO REVISED STATUTES.
25 (b) “CONSUMER” MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER
26 WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY
27 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
28 (c) “DEPARTMENT” MEANS THE DEPARTMENT OF REVENUE OR ITS
29 SUCCESSOR AGENCY.
30 (d) “INDUSTRIAL HEMP” MEANS THE PLANT OF THE GENUS CANNABIS AND
31 ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9
2
1 TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE-
2 TENTHS PERCENT ON A DRY WEIGHT BASIS.
3 (e) “LOCALITY” MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY.
4 (f) “MARIJUANA” OR “MARIHUANA” MEANS ALL PARTS OF THE PLANT OF
5 THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN
6 EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY COMPOUND,
7 MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS
8 SEEDS, OR ITS RESIN, INCLUDING MARIHUANA CONCENTRATE. “MARIJUANA” OR
9 “MARIHUANA” DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER
10 PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT,
11 STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE
12 WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE
13 TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT.
14 (g) “MARIJUANA ACCESSORIES” MEANS ANY EQUIPMENT, PRODUCTS, OR
15 MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR
16 USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING,
17 COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING,
18 PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING,
19 STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING,
20 OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY.
21 (h) “MARIJUANA CULTIVATION FACILITY” MEANS AN ENTITY LICENSED TO
22 CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL
23 MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND
24 TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.
25 (i) “MARIJUANA ESTABLISHMENT” MEANS A MARIJUANA CULTIVATION
26 FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT
27 MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.
28 (j) “MARIJUANA PRODUCT MANUFACTURING FACILITY” MEANS AN ENTITY
29 LICENSED TO PURCHASE MARIJUANA; MANUFACTURE, PREPARE, AND PACKAGE
30 MARIJUANA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO
31 OTHER MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL
32 MARIJUANA STORES, BUT NOT TO CONSUMERS.
33 (k) “MARIJUANA PRODUCTS” MEANS CONCENTRATED MARIJUANA
34 PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND
3
1 OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT
2 NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.
3 (l) “MARIJUANA TESTING FACILITY” MEANS AN ENTITY LICENSED TO
4 ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA.
5 (m) “MEDICAL MARIJUANA CENTER” MEANS AN ENTITY LICENSED BY A
6 STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO
7 SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
8 (n) “RETAIL MARIJUANA STORE” MEANS AN ENTITY LICENSED TO
9 PURCHASE MARIJUANA FROM MARIJUANA CULTIVATION FACILITIES AND
10 MARIJUANA AND MARIJUANA PRODUCTS FROM MARIJUANA PRODUCT
11 MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS
12 TO CONSUMERS.
13 (o) “UNREASONABLY IMPRACTICABLE” MEANS THAT THE MEASURES
14 NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH
15 INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT THE
16 OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED
17 OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.
18 (3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF
19 LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE
20 UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE
21 A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR
22 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
23 (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING
24 MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.
25 (b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE
26 THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING
27 PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE
28 PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES
29 PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY,
30 AND IS NOT MADE AVAILABLE FOR SALE.
31 (c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT
32 REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.
4
1 (d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS
2 SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY
3 OR IN A MANNER THAT ENDANGERS OTHERS.
4 (e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR
5 OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS
6 SUBSECTION.
7 (4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING ANY
8 OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL
9 NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE OR
10 FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS
11 OF AGE OR OLDER:
12 (a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA
13 ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS
14 TWENTY-ONE YEARS OF AGE OR OLDER.
15 (b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR
16 MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA
17 CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM
18 A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR
19 MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE
20 ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID
21 LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER
22 CAPACITY AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA
23 STORE.
24 (c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING,
25 DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA
26 TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA TO A MARIJUANA
27 CULTIVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR
28 A RETAIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A
29 MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES
30 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VAILD LICENSE TO
31 OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN HIS OR HER
32 CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA
33 CULTIVATION FACILITY.
34 (d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING,
35 DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR
5
1 TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING
2 FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TO A RETAIL MARIJUANA
3 STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF
4 MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF
5 MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT
6 MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES
7 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO
8 OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS
9 OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA
10 PRODUCT MANUFACTURING FACILITY.
11 (e) POSSESSING, CULTIVATING, PROCESSING, REPACKAGING, STORING,
12 TRANSPORTING, DISPLAYING, TRANSFERRING OR DELIVERING MARIJUANA OR
13 MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID LICENSE
14 TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER
15 CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA
16 TESTING FACILITY.
17 (f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED,
18 OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR
19 ANY OF THE ACTIVITES CONDUCTED LAWFULLY IN ACCORDANCE WITH
20 PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION.
21 (5) Regulation of marijuana.
22 (a) NOT LATER THAN JULY 1, 2013, THE DEPARTMENT SHALL ADOPT
23 REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH
24 REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJUANA
25 ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
26 THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL
27 INCLUDE:
28 (I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND
29 REVOCATION OF A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH
30 SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF
31 THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR
32 PROVISION;
33 (II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES,
34 PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH
35 THIS UPPER LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT
6
1 DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES
2 UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED
3 UNDER THE COLORADO MEDICAL MARIJUANA CODE TO CULTIVATE OR SELL
4 MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS
5 SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE
6 MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN
7 APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A
8 LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT IN ACCORDANCE WITH THE
9 PROVISIONS OF THIS SECTION;
10 (III) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND
11 DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT;
12 (IV) SECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS;
13 (V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJUANA
14 AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE;
15 (VI) LABELING REQUIREMENTS FOR MARIJUANA AND MARIJUANA
16 PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT;
17 (VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR THE
18 MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA;
19 (VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA
20 AND MARIJUANA PRODUCTS; AND
21 (IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS
22 MADE PURSUANT TO THIS SECTION.
23 (b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE
24 SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA
25 PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE
26 APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY
27 CONSIDERATION WHETHER AN APPLICANT:
28 (I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR
29 MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE
30 COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE
31 APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND
7
1 (II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (I),
2 COMPLIED CONSISTANTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF
3 THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS.
4 (c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED,
5 NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A
6 CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WITH PERSONAL
7 INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE
8 THE CONSUMER’S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED
9 TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER
10 THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION
11 CONDUCTED AT A RETAIL LIQUOR STORE.
12 (d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED
13 UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA
14 CULTIVATION FACILITY TO A MARIJUANA PRODUCT MANUFACTURING FACILITY OR
15 TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT
16 PRIOR TO JANUARY 1, 2017 AND AT A RATE TO BE DETERMINED BY THE GENERAL
17 ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH
18 PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. PROVIDED, THE FIRST
19 FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE
20 TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION
21 ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF TITLE 22, C.R.S., OR ANY
22 SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. PROVIDED FURTHER, NO
23 SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTENDED FOR SALE AT
24 MEDICAL MARIJUANA CENTERS PURSUANT TO SECTION 14 OF THIS ARTICLE AND
25 THE COLORADO MEDICAL MARIJUANA CODE.
26 (e) NOT LATER THAN OCTOBER 1, 2013, EACH LOCALITY SHALL ENACT AN
27 ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT
28 IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO
29 OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE
30 LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY
31 THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT
32 TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE
33 BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY
34 PARAGRAPH (g).
35 (f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN
36 CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
37 PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER
8
1 OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE
2 ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY
3 IN ACCORDANCE WITH PARAGRAPH (h) OR (i), SUCH PROCEDURES TO BE SUBJECT
4 TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO
5 ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION; ESTABLISHING
6 A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR
7 MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE
8 DUE IF AN APPLICATION IS SUBMITTED TO A LOCALITY IN ACCORDANCE WITH
9 PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED
10 BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING
11 CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING
12 THE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY
13 OPERATE IN SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF
14 MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING
15 FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES
16 THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR
17 REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO
18 PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA
19 PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR
20 RETAIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT
21 DURING AN EVEN NUMBERED YEAR.
22 (g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A
23 MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE
24 DEPARTMENT SHALL:
25 (I)BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER 1, 2013;
26 (II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF
27 THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES
28 TO OPERATE THE MARIJUANA ESTABLISHMENT;
29 (III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE
30 AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT
31 FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED
32 PURSUANT TO PARAGRAPH (a) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT
33 LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND
34 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME OF
35 APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT
36 ON THE NUMBER OF MARIJUANA ESTABLISHMENTS AND A GREATER NUMBER OF
37 APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER
9
1 INPUT FROM THE LOCALITY AS TO THE LOCALITY’S PREFERENCE OR PREFERENCES
2 FOR LICENSURE; AND
3 (IV)UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING
4 OF THE SPECIFIC REASON FOR ITS DENIAL.
5 (h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT
6 WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH
7 PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON
8 FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE
9 DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) AND HAS
10 ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT ISSUED ANY
11 LICENSES BY JANUARY 1, 2014, THE APPLICANT MAY RESUBMIT ITS APPLICATION
12 DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND THE LOCALITY
13 MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A
14 LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE
15 RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND NOTIFIES THE
16 APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND
17 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE
18 APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT
19 IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION
20 IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL
21 FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE
22 DEPARTMENT UPON REQUEST BY THE LOCALITY.A LICENSE ISSUED BY A LOCALITY
23 IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT
24 AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g)
25 AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR
26 ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE.
27 A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON
28 AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW
29 APPLICATION SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g).
30 NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO
31 AN AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO
32 ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.
33 (i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY
34 PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A
35 LOCALITY AFTER OCTOBER 1, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL
36 LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT
37 SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT
38 FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE
10
1 WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN
2 EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN
3 ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED BY A
4 LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE
5 AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH
6 PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO
7 REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT
8 LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS
9 PARAGRAPH ON AN ANNUAL BASIS IF THE DEPARTMENT HAS NOT ADOPTED
10 REGULATIONS REQUIRED BY PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE
11 DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE
12 OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH
13 (a) BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH
14 REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g).
15 (j) NOT LATER THAN JULY 1, 2014, THE GENERAL ASSEMBLY SHALL ENACT
16 LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF
17 INDUSTRIAL HEMP.
18 (6) Employers, driving, minors and control of property.
19 (a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO
20 PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER,
21 DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE
22 OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE
23 USE OF MARIJUANA BY EMPLOYEES.
24 (b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE
25 INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO
26 SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF
27 MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION
28 PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING
29 UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.
30 (c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF
31 MARIJUANA, WITH OR WITHOUT REMUNERATION, TO A PERSON UNDER THE AGE OF
32 TWENTY-ONE OR TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE TO
33 PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARIJUANA.
34 (d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER,
35 SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY
11
1 WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR
2 OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY,
3 TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA
4 ON OR IN THAT PROPERTY.
5 (7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION SHALL
6 BE CONSTRUED:
7 (a) TO LIMIT ANY PRIVILEGES OR RIGHTS OF A MEDICAL MARIJUANA
8 PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION 14
9 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE;
10 (b) TO PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA
11 TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIENT;
12 (c) TO PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA
13 OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED
14 UNDER THE COLORADO MEDICAL MARIJUANA CODE;
15 (d) TO PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO
16 SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE TO
17 OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE; OR
18 (e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH,
19 OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM
20 THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL
21 MARIJUANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO
22 MEDICAL MARIJUANA CODE.
23 (8) Self-executing, severability, conflicting provisions. ALL PROVISIONS OF
24 THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE,
25 AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL SUPERSEDE
26 CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION,
27 AND OTHER STATE AND LOCAL PROVISIONS.
28 (9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL
29 PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL
30 DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR,
31 PURSUANT TO SECTION 1(4) OF ARTICLE V.
12