colorado house bill 1284
BY REPRESENTATIVE(S) Massey and Summers, McCann, Rice,
Labuda, Kagan, Pommer;
also SENATOR(S) Romer and Spence.
CONCERNING REGULATION OF MEDICAL MARIJUANA, AND MAKING AN
APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 12, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 43.3
Medical Marijuana
PART 1
COLORADO MEDICAL MARIJUANA CODE
12-43.3-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
BE CITED AS THE “COLORADO MEDICAL MARIJUANA CODE”.
12-43.3-102. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY DECLARES THAT THIS ARTICLE SHALL BE DEEMED AN EXERCISE OF
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 POLICE POWERS OF THE STATE FOR THE PROTECTION OF THE ECONOMIC
AND SOCIAL WELFARE AND THE HEALTH, PEACE, AND MORALS OF THE PEOPLE
OF THIS STATE.
(2) THE GENERAL ASSEMBLY FURTHER DECLARES THAT IT IS
UNLAWFUL UNDER STATE LAW TO CULTIVATE, MANUFACTURE, DISTRIBUTE,
OR SELL MEDICAL MARIJUANA, EXCEPT IN COMPLIANCE WITH THE TERMS,
CONDITIONS, LIMITATIONS, AND RESTRICTIONS IN SECTION 14 OF ARTICLE
XVIII OF THE STATE CONSTITUTION AND THIS ARTICLE OR WHEN ACTING AS
A PRIMARY CAREGIVER IN COMPLIANCE WITH THE TERMS, CONDITIONS,
LIMITATIONS, AND RESTRICTIONS OF SECTION 25-1.5-106, C.R.S.
12-43.3-103. Applicability. (1) (a) ON JULY 1,2010, A PERSON WHO
IS OPERATING AN ESTABLISHED, LOCALLY APPROVED BUSINESS FOR THE
PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIJUANA
OR MEDICAL MARIJUANA-INFUSED PRODUCTS OR A PERSON WHO HAS APPLIED
TO A LOCAL GOVERNMENT TO OPERATE A LOCALLY APPROVED BUSINESS FOR
THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL
MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS WHICH IS
SUBSEQUENTLY GRANTED MAY CONTINUE TO OPERATE THAT BUSINESS IN
ACCORDANCE WITH ANY APPLICABLE STATE OR LOCAL LAWS.
“ESTABLISHED”, AS USED IN THIS PARAGRAPH (a), SHALL MEAN OWNING OR
LEASING A SPACE WITH A STOREFRONT AND REMITTING SALES TAXES IN A
TIMELY MANNER ON RETAIL SALES OF THE BUSINESS AS REQUIRED PURSUANT
TO 39-26-105, C.R.S., AS WELL AS ANY APPLICABLE LOCAL SALES TAXES.
(b) TO CONTINUE OPERATING A BUSINESS OR OPERATION AS
DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE OWNER SHALL,
ON OR BEFORE AUGUST 1, 2010, COMPLETE FORMS AS PROVIDED BY THE
DEPARTMENT OF REVENUE AND SHALL PAY A FEE, WHICH SHALL BE CREDITED
TO THE MEDICAL MARIJUANA LICENSE CASH FUND ESTABLISHED PURSUANT
TO SECTION 12-43.3-501. THE PURPOSE OF THE FEE SHALL BE TO PAY FOR
THE DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY AND
THE DEVELOPMENT OF APPLICATION PROCEDURES AND RULES NECESSARY TO
IMPLEMENT THIS ARTICLE. PAYMENT OF THE FEE AND COMPLETION OF THE
FORM SHALL NOT CREATE A LOCAL OR STATE LICENSE OR A PRESENT OR
FUTURE ENTITLEMENT TO RECEIVE A LICENSE. AN OWNER ISSUED A LOCAL
LICENSE AFTER AUGUST 1, 2010, SHALL COMPLETE THE FORMS AND PAY THE
FEE PURSUANT TO THIS PARAGRAPH (b) WITHIN THIRTY DAYS OF ISSUANCE
OF THE LOCAL LICENSE. IN ADDITION TO ANY CRIMINAL PENALTIES FOR
SELLING WITHOUT A LICENSE, IT SHALL BE UNLAWFUL TO CONTINUE
OPERATING A BUSINESS OR OPERATION WITHOUT FILING THE FORMS AND
PAYING THE FEE AS DESCRIBED IN THIS SUBSECTION (b), AND ANY VIOLATION
OF THIS SECTION SHALL BE PRIMA-FACIE EVIDENCE OF UNSATISFACTORY
CHARACTER, RECORD, AND REPUTATION FOR ANY FUTURE APPLICATION FOR
LICENSE UNDER THIS ARTICLE.
(c) A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL PROVIDE
TO THE STATE LICENSING AUTHORITY, UPON REQUEST, A LIST THAT INCLUDES
THE NAME AND LOCATION OF EACH LOCAL CENTER OR OPERATION LICENSED
IN SAID COUNTY, CITY AND COUNTY, OR MUNICIPALITY SO THAT THE STATE
LICENSING AUTHORITY CAN IDENTIFY ANY CENTER OR OPERATION
OPERATING UNLAWFULLY.
(2) (a) PRIOR TO JULY 1, 2011, A COUNTY, CITY AND COUNTY, OR
MUNICIPALITY MAY ADOPT AND ENFORCE A RESOLUTION OR ORDINANCE
LICENSING, REGULATING, OR PROHIBITING THE CULTIVATION OR SALE OF
MEDICAL MARIJUANA. IN A COUNTY, CITY AND COUNTY, OR MUNICIPALITY
WHERE SUCH AN ORDINANCE OR RESOLUTION HAS BEEN ADOPTED, A PERSON
WHO IS NOT REGISTERED AS A PATIENT OR PRIMARY CAREGIVER PURSUANT
TO SECTION 25-1.5-106, C.R.S., AND WHO IS CULTIVATING OR SELLING
MEDICAL MARIJUANA SHALL NOT BE ENTITLED TO AN AFFIRMATIVE DEFENSE
TO A CRIMINAL PROSECUTION AS PROVIDED FOR IN SECTION 14 OF ARTICLE
XVIII OF THE STATE CONSTITUTION UNLESS THE PERSON IS IN COMPLIANCE
WITH THE APPLICABLE COUNTY OR MUNICIPAL LAW.
(b) ON OR BEFORE SEPTEMBER 1, 2010, A BUSINESS OR OPERATION
SHALL CERTIFY THAT IT IS CULTIVATING AT LEAST SEVENTY PERCENT OF THE
MEDICAL MARIJUANA NECESSARY FOR ITS OPERATION.
(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.
12-43.3-104. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) “GOOD CAUSE”, FOR PURPOSES OF REFUSING OR DENYING A
LICENSE RENEWAL, REINSTATEMENT, OR INITIAL LICENSE ISSUANCE, MEANS:
(a) THE LICENSEE OR APPLICANT HAS VIOLATED, DOES NOT MEET, OR
HAS FAILED TO COMPLY WITH ANY OF THE TERMS, CONDITIONS, OR
PROVISIONS OF THIS ARTICLE, ANY RULES PROMULGATED PURSUANT TO THIS
ARTICLE, OR ANY SUPPLEMENTAL LOCAL LAW, RULES, OR REGULATIONS;
(b) THE LICENSEE OR APPLICANT HAS FAILED TO COMPLY WITH ANY
SPECIAL TERMS OR CONDITIONS THAT WERE PLACED ON ITS LICENSE
PURSUANT TO AN ORDER OF THE STATE OR LOCAL LICENSING AUTHORITY;
(c) THE LICENSED PREMISES HAVE BEEN OPERATED IN A MANNER
THAT ADVERSELY AFFECTS THE PUBLIC HEALTH OR WELFARE OR THE SAFETY
OF THE IMMEDIATE NEIGHBORHOOD IN WHICH THE ESTABLISHMENT IS
LOCATED.
(2) “LICENSE” MEANS TO GRANT A LICENSE OR REGISTRATION
PURSUANT TO THIS ARTICLE.
(3) “LICENSED PREMISES” MEANS THE PREMISES SPECIFIED IN AN
APPLICATION FOR A LICENSE UNDER THIS ARTICLE, WHICH ARE OWNED OR IN
POSSESSION OF THE LICENSEE AND WITHIN WHICH THE LICENSEE IS
AUTHORIZED TO CULTIVATE, MANUFACTURE, DISTRIBUTE, OR SELL MEDICAL
MARIJUANA IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(4) “LICENSEE” MEANS A PERSON LICENSED OR REGISTERED
PURSUANT TO THIS ARTICLE.
(5) “LOCAL LICENSING AUTHORITY” MEANS AN AUTHORITY
DESIGNATED BY MUNICIPAL OR COUNTY CHARTER, MUNICIPAL ORDINANCE,
OR COUNTY RESOLUTION.
(6) “LOCATION” MEANS A PARTICULAR PARCEL OF LAND THAT MAY
BE IDENTIFIED BY AN ADDRESS OR OTHER DESCRIPTIVE MEANS.
(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.
(8) “MEDICAL MARIJUANA CENTER” MEANS A PERSON LICENSED
PURSUANT TO THIS ARTICLE TO OPERATE A BUSINESS AS DESCRIBED IN
SECTION 12-43.3-402 THAT SELLS MEDICAL MARIJUANA TO REGISTERED
PATIENTS OR PRIMARY CAREGIVERS AS DEFINED IN SECTION 14 OF ARTICLE
XVIII OF THE STATE CONSTITUTION, BUT IS NOT A PRIMARY CAREGIVER.
(9) “MEDICAL MARIJUANA-INFUSED PRODUCT” MEANS A PRODUCT
INFUSED WITH MEDICAL MARIJUANA THAT IS INTENDED FOR USE OR
CONSUMPTION OTHER THAN BY SMOKING, INCLUDING BUT NOT LIMITED TO
EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. THESE PRODUCTS, WHEN
MANUFACTURED OR SOLD BY A LICENSED MEDICAL MARIJUANA CENTER OR
A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER, SHALL NOT BE
CONSIDERED A FOOD OR DRUG FOR THE PURPOSES OF THE “COLORADO FOOD
AND DRUG ACT”, PART 4 OF ARTICLE 5 OF TITLE 25, C.R.S.
(10) “MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER”
MEANS A PERSON LICENSED PURSUANT TO THIS ARTICLE TO OPERATE A
BUSINESS AS DESCRIBED IN SECTION 12-43.3-404.
(11) “OPTIONAL PREMISES” MEANS THE PREMISES SPECIFIED IN AN
APPLICATION FOR A MEDICAL MARIJUANA CENTER LICENSE WITH RELATED
GROWING FACILITIES IN COLORADO FOR WHICH THE LICENSEE IS AUTHORIZED
TO GROW AND CULTIVATE MARIJUANA FOR A PURPOSE AUTHORIZED BY
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION.
(12) “OPTIONAL PREMISES CULTIVATION OPERATION” MEANS A
PERSON LICENSED PURSUANT TO THIS ARTICLE TO OPERATE A BUSINESS AS
DESCRIBED IN SECTION 12-43.3-403.
(13) “PERSON” MEANS A NATURAL PERSON, PARTNERSHIP,
ASSOCIATION, COMPANY, CORPORATION, LIMITED LIABILITY COMPANY, OR
ORGANIZATION, OR A MANAGER, AGENT, OWNER, DIRECTOR, SERVANT,
OFFICER, OR EMPLOYEE THEREOF.
(14) “PREMISES” MEANS A DISTINCT AND DEFINITE LOCATION, WHICH
MAY INCLUDE A BUILDING, A PART OF A BUILDING, A ROOM, OR ANY OTHER
DEFINITE CONTIGUOUS AREA.
(15) “SCHOOL” MEANS A PUBLIC OR PRIVATE PRESCHOOL OR A
PUBLIC OR PRIVATE ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL.
(16) “STATE LICENSING AUTHORITY” MEANS THE AUTHORITY
CREATED FOR THE PURPOSE OF REGULATING AND CONTROLLING THE
LICENSING OF THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE
OF MEDICAL MARIJUANA IN THIS STATE, PURSUANT TO SECTION 12-43.3-201.
12-43.3-105. Limited access areas. SUBJECT TO THE PROVISIONS
OF 12-43.3-701, A LIMITED ACCESS AREA SHALL BE A BUILDING, ROOM, OR
OTHER CONTIGUOUS AREA UPON THE LICENSED PREMISES WHERE MEDICAL
MARIJUANA IS GROWN, CULTIVATED, STORED, WEIGHED, DISPLAYED,
PACKAGED, SOLD, OR POSSESSED FOR SALE, UNDER CONTROL OF THE
LICENSEE, WITH LIMITED ACCESS TO ONLY THOSE PERSONS LICENSED BY THE
STATE LICENSING AUTHORITY. ALL AREAS OF INGRESS OR EGRESS TO
LIMITED ACCESS AREAS SHALL BE CLEARLY IDENTIFIED AS SUCH BY A SIGN
AS DESIGNATED BY THE STATE LICENSING AUTHORITY.
12-43.3-106. Local option. THE OPERATION OF THIS ARTICLE SHALL
BE STATEWIDE UNLESS A MUNICIPALITY, COUNTY, CITY, OR CITY AND
COUNTY, BY EITHER A MAJORITY OF THE REGISTERED ELECTORS OF THE
MUNICIPALITY, COUNTY, CITY, OR CITY AND COUNTY VOTING AT A REGULAR
ELECTION OR SPECIAL ELECTION CALLED IN ACCORDANCE WITH THE
“COLORADO MUNICIPAL ELECTION CODE OF 1965″, ARTICLE 10 OF TITLE 31,
C.R.S., OR THE “UNIFORM ELECTION CODE OF 1992″, ARTICLES 1 TO 13 OF
TITLE 1, C.R.S., AS APPLICABLE, OR A MAJORITY OF THE MEMBERS OF THE
GOVERNING BOARD FOR THE MUNICIPALITY, COUNTY, CITY, OR CITY AND
COUNTY, VOTE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA
CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND MEDICAL
MARIJUANA-INFUSED PRODUCTS MANUFACTURERS’ LICENSES.
PART 2
STATE LICENSING AUTHORITY
12-43.3-201. State licensing authority – creation – repeal.
(1) FOR THE PURPOSE OF REGULATING AND CONTROLLING THE LICENSING OF
THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE OF MEDICAL
MARIJUANA IN THIS STATE, THERE IS HEREBY CREATED THE STATE LICENSING
AUTHORITY, WHICH SHALL BE THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE OR THE DEPUTY DIRECTOR OF THE DEPARTMENT
OF REVENUE IF THE EXECUTIVE DIRECTOR SO DESIGNATES.
(2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE
SHALL BE THE CHIEF ADMINISTRATIVE OFFICER OF THE STATE LICENSING
AUTHORITY AND MAY EMPLOY, PURSUANT TO SECTION 13 OF ARTICLE XII OF
THE STATE CONSTITUTION, SUCH OFFICERS AND EMPLOYEES AS MAY BE
DETERMINED TO BE NECESSARY, WHICH OFFICERS AND EMPLOYEES SHALL BE
PART OF THE DEPARTMENT OF REVENUE. THE STATE LICENSING AUTHORITY
SHALL, AT ITS DISCRETION, BASED UPON WORKLOAD, EMPLOY NO MORE
THAN ONE FULL TIME EQUIVALENT EMPLOYEE FOR EACH TEN MEDICAL
MARIJUANA CENTERS LICENSED BY OR MAKING APPLICATION WITH THE
AUTHORITY. NO MONEYS SHALL BE APPROPRIATED TO THE STATE LICENSING
AUTHORITY FROM THE GENERAL FUND FOR THE OPERATION OF THIS ARTICLE,
NOR SHALL THE STATE LICENSING AUTHORITY EXPEND ANY GENERAL FUND
MONEYS FOR THE OPERATION OF THIS ARTICLE.
(3) (a) DURING FISCAL YEAR 2010-2011, THE STATE LICENSING
AUTHORITY SHALL CONSIDER EMPLOYMENT OF TEMPORARY OR CONTRACT
STAFF TO CONDUCT BACKGROUND INVESTIGATIONS. THE ADDITIONAL COST
OF THE BACKGROUND INVESTIGATIONS SHALL NOT EXCEED FIVE HUNDRED
THOUSAND DOLLARS.
(b) ON JULY 1, 2010, THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT SHALL LOAN TO THE STATE LICENSING AUTHORITY, CREATED
IN 12-43.3-201, A SUM NOT TO EXCEED ONE MILLION DOLLARS FROM THE
MEDICAL MARIJUANA CASH FUND CREATED IN 25-1.5-106. THE STATE
LICENSING AUTHORITY SHALL PAY BACK THE ONE MILLION DOLLAR LOAN TO
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT NO LATER THAN
DECEMBER 31, 2010.
(c) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2011.
12-43.3-202. Powers and duties of state licensing authority -
repeal. (1) THE STATE LICENSING AUTHORITY SHALL:
(a) GRANT OR REFUSE STATE LICENSES FOR THE CULTIVATION,
MANUFACTURE, DISTRIBUTION, AND SALE OF MEDICAL MARIJUANA AS
PROVIDED BY LAW; SUSPEND, FINE, RESTRICT, OR REVOKE SUCH LICENSES
UPON A VIOLATION OF THIS ARTICLE, OR A RULE PROMULGATED PURSUANT
TO THIS ARTICLE; AND IMPOSE ANY PENALTY AUTHORIZED BY THIS ARTICLE
OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE. THE STATE
LICENSING AUTHORITY MAY TAKE ANY ACTION WITH RESPECT TO A
REGISTRATION PURSUANT TO THIS ARTICLE AS IT MAY WITH RESPECT TO A
]
LICENSE PURSUANT TO THIS ARTICLE, IN ACCORDANCE WITH THE
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE.
(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.
(II) (A) THE STATE LICENSING AUTHORITY SHALL CONDUCT A PUBLIC
REVIEW HEARING WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT BY SEPTEMBER 1, 2010, TO RECEIVE PUBLIC INPUT ON ANY
EMERGENCY RULES ADOPTED BY THE STATE LICENSING AUTHORITY AND BE
PROVIDED WITH AN UPDATE FROM THE INDUSTRY, CAREGIVERS, PATIENTS,
AND OTHER STAKEHOLDERS REGARDING THE INDUSTRY’S CURRENT STATUS.
THE STATE LICENSING AUTHORITY SHALL PROVIDE AT LEAST FIVE BUSINESS
DAYS’ NOTICE PRIOR TO THE HEARING.
(B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1, 2011.
(c) HEAR AND DETERMINE AT A PUBLIC HEARING ANY APPEALS OF A
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 RULEMAKING 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 OBTAINED FROM
A LICENSEE SHOWING THE SALES VOLUME OR QUANTITY OF MEDICAL
MARIJUANA SOLD OR ANY OTHER RECORDS THAT ARE EXEMPT FROM PUBLIC
INSPECTION PURSUANT TO STATE LAW;
(e) DEVELOP SUCH FORMS, LICENSES, IDENTIFICATION CARDS, AND
APPLICATIONS AS ARE NECESSARY OR CONVENIENT IN THE DISCRETION OF
THE STATE LICENSING AUTHORITY FOR THE ADMINISTRATION OF THIS
ARTICLE OR ANY OF THE RULES PROMULGATED UNDER THIS ARTICLE;
(f) PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND MANNER
PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS PURSUANT TO
SECTION 24-1-136, C.R.S., A REPORT ACCOUNTING TO THE GOVERNOR FOR
THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES ASSIGNED BY LAW OR
DIRECTIVE TO THE STATE LICENSING AUTHORITY; AND
(g) IN RECOGNITION OF THE POTENTIAL MEDICINAL VALUE OF
MEDICAL MARIJUANA, MAKE A REQUEST BY JANUARY 1, 2012, TO THE
FEDERAL DRUG ENFORCEMENT ADMINISTRATION TO CONSIDER
RESCHEDULING, FOR PHARMACEUTICAL PURPOSES, MEDICAL MARIJUANA
FROM A SCHEDULE I CONTROLLED SUBSTANCE TO A SCHEDULE II
CONTROLLED SUBSTANCE.
(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, 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;
(II) SPECIFICATIONS OF DUTIES OF OFFICERS AND EMPLOYEES OF THE
STATE LICENSING AUTHORITY;
(III) INSTRUCTIONS FOR LOCAL LICENSING AUTHORITIES AND LAW
ENFORCEMENT OFFICERS;
(IV) REQUIREMENTS FOR INSPECTIONS, INVESTIGATIONS, SEARCHES,
SEIZURES, AND SUCH ADDITIONAL ACTIVITIES AS MAY BECOME NECESSARY
FROM TIME TO TIME;
(V) CREATION OF A RANGE OF PENALTIES FOR USE BY THE STATE
LICENSING AUTHORITY;
(VI) PROHIBITION OF MISREPRESENTATION AND UNFAIR PRACTICES;
(VII) CONTROL OF INFORMATIONAL AND PRODUCT DISPLAYS ON
LICENSED PREMISES;
(VIII) DEVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS FOR
OWNERS, OFFICERS, MANAGERS, CONTRACTORS, EMPLOYEES, AND OTHER
SUPPORT STAFF OF ENTITIES LICENSED PURSUANT TO THIS ARTICLE,
INCLUDING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS
MAY BE REQUIRED BY THE STATE LICENSING AUTHORITY PRIOR TO ISSUING
A CARD;
(IX) IDENTIFICATION OF STATE LICENSEES AND THEIR OWNERS,
OFFICERS, MANAGERS, AND EMPLOYEES;
(X) SECURITY REQUIREMENTS FOR ANY PREMISES LICENSED
PURSUANT TO THIS ARTICLE, INCLUDING, AT A MINIMUM, LIGHTING,
PHYSICAL SECURITY, VIDEO, ALARM REQUIREMENTS, AND OTHER MINIMUM
PROCEDURES FOR INTERNAL CONTROL AS DEEMED NECESSARY BY THE STATE
LICENSING AUTHORITY TO PROPERLY ADMINISTER AND ENFORCE THE
PROVISIONS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS FOR
CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE PREMISES;
(XI) REGULATION OF THE STORAGE OF, WAREHOUSES FOR, AND
TRANSPORTATION OF MEDICAL MARIJUANA;
(XII) SANITARY REQUIREMENTS FOR MEDICAL MARIJUANA CENTERS,
INCLUDING BUT NOT LIMITED TO SANITARY REQUIREMENTS FOR THE
PREPARATION OF MEDICAL MARIJUANA-INFUSED PRODUCTS;
(XIII) THE SPECIFICATION OF ACCEPTABLE FORMS OF PICTURE
IDENTIFICATION THAT A MEDICAL MARIJUANA CENTER MAY ACCEPT WHEN
VERIFYING A SALE;
(XIV) LABELING STANDARDS;
(XV) RECORDS TO BE KEPT BY LICENSEES AND THE REQUIRED
AVAILABILITY OF THE RECORDS;
(XVI) STATE LICENSING PROCEDURES, INCLUDING PROCEDURES FOR
RENEWALS, REINSTATEMENTS, INITIAL LICENSES, AND THE PAYMENT OF
LICENSING FEES;
(XVII) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES TAX
PAYMENTS BY MEDICAL MARIJUANA CENTERS;
(XVIII) AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO
HAVE ACCESS TO LICENSING INFORMATION TO ENSURE SALES AND INCOME
TAX PAYMENT AND THE EFFECTIVE ADMINISTRATION OF THIS ARTICLE;
(XIX) AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE
ADMINISTRATIVE CITATIONS AND PROCEDURES FOR ISSUING, APPEALING AND
CREATING A CITATION VIOLATION LIST AND SCHEDULE OF PENALTIES; AND
(XX) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR,
IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS
ARTICLE.
(b) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS DELEGATING
TO THE STATE LICENSING AUTHORITY THE POWER TO FIX PRICES FOR
MEDICAL MARIJUANA.
(c) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT A LAW
ENFORCEMENT AGENCY’S ABILITY TO INVESTIGATE UNLAWFUL ACTIVITY IN
RELATION TO A MEDICAL MARIJUANA CENTER, OPTIONAL PREMISES
CULTIVATION OPERATION, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER. A LAW ENFORCEMENT AGENCY SHALL HAVE THE
AUTHORITY TO RUN A COLORADO CRIME INFORMATION CENTER CRIMINAL
HISTORY RECORD CHECK OF A PRIMARY CAREGIVER, LICENSEE, OR EMPLOYEE
OF A LICENSEE DURING AN INVESTIGATION OF UNLAWFUL ACTIVITY RELATED
TO MEDICAL MARIJUANA click here to read the rest of Colorado HB 1284