colorado house bill 1043

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