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1284JUD_01

1284JUD_01

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Published by: cwadotorg on Mar 26, 2010
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03/26/2010

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Second Regular SessionSixty-seventh General Assembly
STATE OF COLORADO
PREAMENDED
This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading
LLS NO. 10-0773.02 Michael Dohr
HOUSE BILL 10-1284
House CommitteesSenate Committees
JudiciaryAppropriations
A BILL FOR AN ACTC
ONCERNING REGULATION OF MEDICAL MARIJUANA
.
101
Bill Summary
(Note: This summary applies to this bill as introduced and doesnot 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 licensingauthority (state licensing authority) in the department of revenue. Thestate licensing authority grants, refuses, or renews a medical marijuanacenter license after the licensee has received local approval. The statelicensing authority also administers aspects of medical marijuanalicensure, including rulemaking. Many of the functions and duties of thestate 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 andenvironment (department) will promulgate new rules related to standardsfor issuing registry identification cards, documentation for physicianswho prescribe medical marijuana, and sanctions for physicians whoviolate the bill.A physician who certifies that a patient can use medical marijuanashall certify certain information to the department and maintain arecord-keeping system for his or her medical marijuana patients. Aphysician who certifies that a patient can use medical marijuana shall notreceive 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 beregistered medical marijuana patients to receive recommendations from2 doctors.A primary caregiver may serve no more than 5 patients on theregistry at one time, unless the department allows more patients due toexceptional circumstances.A patient who is permitted to use medical marijuana must have inhis or her possession a registry identification card at all times when inpossession of medical marijuana.The bill lists various places and situations in which the patient orprimary caregiver may not use or possess medical marijuana. A physicianwho certifies that a patient can use medical marijuana may not receiveremuneration from a primary caregiver related to medical marijuana orfrom a medical marijuana center.The bill imposes a one-year moratorium on the opening of newmedical marijuana centers, but allows current medical marijuana centersto operate for a year before becoming licensed.
Section 3.
The bill provides an exception to the adulterated foodoffenses for medical marijuana centers that manufacture or sell food thatcontains medical marijuana if the food is labeled as containing medicalmarijuana and the label specifies the amount of medical marijuana.
Sections 4, 5, and 6
make conforming amendments.
 Be it enacted by the General Assembly of the State of Colorado:
1
SECTION 1.
Title 12, Colorado Revised Statutes, is amended BY2THE ADDITION OF A NEW ARTICLE to read:3
ARTICLE 43.3
4
Medical Marijuana
51284
-2-
 
PART 11COLORADO MEDICAL MARIJUANA CODE2
12-43.3-101. Short title.
T
HIS ARTICLE SHALL BE KNOWN AND
3
MAY BE CITED AS THE
"C
OLORADO
M
EDICAL
M
ARIJUANA
C
ODE
".4
12-43.3-102. Legislative declaration.
(1) T
HE GENERAL
5
ASSEMBLY HEREBY DECLARES THAT THIS ARTICLE SHALL BE DEEMED AN
6
EXERCISE OF THE POLICE POWERS OF THE STATE FOR THE PROTECTION OF
7
THE ECONOMIC AND SOCIAL WELFARE AND THE HEALTH
,
PEACE
,
AND
8
MORALS OF THE PEOPLE OF THIS STATE
.9(2) T
HE GENERAL ASSEMBLY FURTHER DECLARES THAT IT IS
10
UNLAWFUL UNDER STATE LAW TO CULTIVATE
,
MANUFACTURE
,11
DISTRIBUTE
,
OR SELL MEDICAL MARIJUANA
,
EXCEPT IN COMPLIANCE WITH
12
THE TERMS
,
CONDITIONS
,
LIMITATIONS
,
AND RESTRICTIONS IN SECTION
1413
OF ARTICLE
XVIII
OF THE STATE CONSTITUTION AND THIS ARTICLE OR
14
WHEN ACTING AS A PRIMARY CAREGIVER IN COMPLIANCE WITH THE TERMS
,15
CONDITIONS
,
LIMITATIONS
,
AND RESTRICTIONS OF SECTION
25-1.5-106,16C.R.S.17
12-43.3-103. Applicability.
(1) (a) A
S OF
J
ULY
1,
 
2011,
A
18
PERSON SHALL NOT OPEN A MEDICAL MARIJUANA CENTER UNTIL THE
19
CENTER HAS BEEN LICENSED PURSUANT TO THIS ARTICLE
.20(b) A
S OF
J
ULY
1,
 
2010,
A PERSON WHO IS ALREADY OPERATING A
21
MEDICAL MARIJUANA CENTER MAY CONTINUE TO OPERATE THAT CENTER
22
UNTIL
J
ULY
1,
 
2011.
 
A
FTER
J
ULY
1,
 
2011,
THE PERSON MAY CONTINUE
23
OPERATING THE MEDICAL MARIJUANA CENTER ONLY IF THE CENTER IS
24
LICENSED PURSUANT TO THIS ARTICLE
.
 
T
O CONTINUE OPERATING THE
25
MEDICAL MARIJUANA CENTER THAT WAS OPERATING PRIOR TO
J
ULY
1,262011,
THE OWNER OF THE CENTER SHALL
,
ON OR BEFORE
S
EPTEMBER
1,271284
-3-

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