HOUSE BILL 10-1284
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
PAGE 2-HOUSE BILL 10-1284
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
PAGE 3-HOUSE BILL 10-1284
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
PAGE 4-HOUSE BILL 10-1284
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.
PAGE 5-HOUSE BILL 10-1284
(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
PAGE 6-HOUSE BILL 10-1284
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
PAGE 7-HOUSE BILL 10-1284
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
PAGE 8-HOUSE BILL 10-1284
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;
PAGE 9-HOUSE BILL 10-1284
(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
PAGE 10-HOUSE BILL 10-1284
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.
PART 3
STATE AND LOCAL LICENSING
12-43.3-301. Local licensing authority - applications - licenses.
(1) A LOCAL LICENSING AUTHORITY MAY ISSUE ONLY THE FOLLOWING
PAGE 11-HOUSE BILL 10-1284
MEDICAL MARIJUANA LICENSES UPON PAYMENT OF THE FEE AND
COMPLIANCE WITH ALL LOCAL LICENSING REQUIREMENTS TO BE DETERMINED
BY THE LOCAL LICENSING AUTHORITY:
(a) A MEDICAL MARIJUANA CENTER LICENSE;
(b) AN OPTIONAL PREMISES CULTIVATION LICENSE;
(c) A MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING
LICENSE.
(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 RESOLUTION,
CONTAINING SPECIFIC STANDARDS FOR LICENSE ISSUANCE, OR IF NO SUCH
ORDINANCE OR RESOLUTION IS ADOPTED PRIOR TO JULY 1, 2011, THEN A
LOCAL LICENSING AUTHORITY SHALL CONSIDER THE MINIMUM LICENSING
REQUIREMENTS OF THIS PART 3 WHEN ISSUING A LICENSE.
(b) IN ADDITION TO ALL OTHER STANDARDS APPLICABLE TO THE
ISSUANCE OF LICENSES UNDER THIS ARTICLE, THE LOCAL GOVERNING BODY
MAY ADOPT ADDITIONAL STANDARDS FOR THE ISSUANCE OF MEDICAL
MARIJUANA CENTER, OPTIONAL PREMISES CULTIVATION, OR MEDICAL
MARIJUANA-INFUSED PRODUCTS MANUFACTURER LICENSES CONSISTENT
WITH THE INTENT OF THIS ARTICLE THAT MAY INCLUDE, BUT NEED NOT BE
LIMITED TO:
(I) DISTANCE RESTRICTIONS BETWEEN PREMISES FOR WHICH LOCAL
LICENSES ARE ISSUED;
(II) REASONABLE RESTRICTIONS ON THE SIZE OF AN APPLICANT'S
LICENSED PREMISES; AND
(III) ANY OTHER REQUIREMENTS NECESSARY TO ENSURE THE
CONTROL OF THE PREMISES AND THE EASE OF ENFORCEMENT OF THE TERMS
AND CONDITIONS OF THE LICENSE.
(3) AN APPLICATION FOR A LICENSE SPECIFIED IN SUBSECTION (1) OF
PAGE 12-HOUSE BILL 10-1284
THIS SECTION SHALL BE FILED WITH THE APPROPRIATE LOCAL LICENSING
AUTHORITY ON FORMS PROVIDED BY THE STATE LICENSING AUTHORITY AND
SHALL CONTAIN SUCH INFORMATION AS THE STATE LICENSING AUTHORITY
MAY REQUIRE AND ANY FORMS AS THE LOCAL LICENSING AUTHORITY MAY
REQUIRE. EACH APPLICATION SHALL BE VERIFIED BY THE OATH OR
AFFIRMATION OF THE PERSONS PRESCRIBED BY THE STATE LICENSING
AUTHORITY.
(4) AN APPLICANT SHALL FILE AT THE TIME OF APPLICATION FOR A
LOCAL LICENSE PLANS AND SPECIFICATIONS FOR THE INTERIOR OF THE
BUILDING IF THE BUILDING TO BE OCCUPIED IS IN EXISTENCE AT THE TIME.
IF THE BUILDING IS NOT IN EXISTENCE, THE APPLICANT SHALL FILE A PLOT
PLAN AND A DETAILED SKETCH FOR THE INTERIOR AND SUBMIT AN
ARCHITECT'S DRAWING OF THE BUILDING TO BE CONSTRUCTED. IN ITS
DISCRETION, THE LOCAL OR STATE LICENSING AUTHORITY MAY IMPOSE
ADDITIONAL REQUIREMENTS NECESSARY FOR THE APPROVAL OF THE
APPLICATION.
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 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 PREMISES FOR WHICH APPLICATION HAS BEEN
MADE AND BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN
THE COUNTY IN WHICH THE MEDICAL MARIJUANA CENTER PREMISES ARE
LOCATED.
(2) PUBLIC NOTICE GIVEN BY POSTING SHALL INCLUDE A SIGN OF
SUITABLE MATERIAL, NOT LESS THAN TWENTY-TWO INCHES WIDE AND
TWENTY-SIX INCHES HIGH, COMPOSED OF LETTERS NOT LESS THAN ONE INCH
IN HEIGHT AND STATING THE TYPE OF LICENSE APPLIED FOR, THE DATE OF
THE APPLICATION, THE DATE OF THE HEARING, THE NAME AND ADDRESS OF
THE APPLICANT, AND SUCH OTHER INFORMATION AS MAY BE REQUIRED TO
FULLY APPRISE THE PUBLIC OF THE NATURE OF THE APPLICATION. THE SIGN
PAGE 13-HOUSE BILL 10-1284
SHALL CONTAIN THE NAMES AND ADDRESSES OF THE OFFICERS, DIRECTORS,
OR MANAGER OF THE FACILITY TO BE LICENSED.
(3) PUBLIC NOTICE GIVEN BY PUBLICATION SHALL CONTAIN THE
SAME INFORMATION AS THAT REQUIRED FOR SIGNS.
(4) IF THE BUILDING IN WHICH MEDICAL MARIJUANA IS TO BE SOLD
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.
(5) (a) A LOCAL LICENSING AUTHORITY, OR A LICENSE APPLICANT
WITH LOCAL LICENSING AUTHORITY APPROVAL, MAY REQUEST THAT THE
STATE LICENSING AUTHORITY CONDUCT A CONCURRENT REVIEW OF A NEW
LICENSE APPLICATION PRIOR TO THE LOCAL LICENSING AUTHORITY'S FINAL
APPROVAL OF THE LICENSE APPLICATION. LOCAL LICENSING AUTHORITIES
WHO PERMIT A CONCURRENT REVIEW WILL CONTINUE TO INDEPENDENTLY
REVIEW THE APPLICANT'S LICENSE APPLICATION.
(b) WHEN CONDUCTING A CONCURRENT APPLICATION REVIEW, THE
STATE LICENSING AUTHORITY MAY ADVISE THE LOCAL LICENSING
AUTHORITY OF ANY ITEMS THAT IT FINDS THAT COULD RESULT IN THE DENIAL
OF THE LICENSE APPLICATION. UPON CORRECTION OF THE NOTED
DISCREPANCIES IF THE CORRECTION IS PERMITTED BY THE STATE LICENSING
AUTHORITY, THE STATE LICENSING AUTHORITY SHALL NOTIFY THE LOCAL
LICENSING AUTHORITY OF ITS CONDITIONAL APPROVAL OF THE LICENSE
APPLICATION SUBJECT TO THE FINAL APPROVAL BY THE LOCAL LICENSING
AUTHORITY. THE STATE LICENSING AUTHORITY SHALL THEN ISSUE THE
APPLICANT'S STATE LICENSE UPON RECEIVING EVIDENCE OF FINAL APPROVAL
BY THE LOCAL LICENSING AUTHORITY.
(c) ALL APPLICATIONS SUBMITTED FOR CONCURRENT REVIEW SHALL
BE ACCOMPANIED BY ALL APPLICABLE STATE LICENSE AND APPLICATION
FEES. ANY APPLICATIONS THAT ARE LATER DENIED OR WITHDRAWN MAY
ALLOW FOR A REFUND OF LICENSE FEES ONLY. ALL APPLICATION FEES
PROVIDED BY AN APPLICANT SHALL BE RETAINED BY THE RESPECTIVE
PAGE 14-HOUSE BILL 10-1284
LICENSING AUTHORITY.
12-43.3-303. Results of investigation - decision of authorities.
(1) NOT LESS THAN FIVE DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING
AUTHORIZED IN SECTION 12-43.3-302, THE LOCAL LICENSING AUTHORITY
SHALL MAKE KNOWN ITS FINDINGS, BASED ON ITS INVESTIGATION, IN
WRITING TO THE APPLICANT AND OTHER PARTIES OF INTEREST. THE LOCAL
LICENSING AUTHORITY HAS AUTHORITY TO REFUSE TO ISSUE A LICENSE
PROVIDED FOR IN THIS SECTION FOR GOOD CAUSE, SUBJECT TO JUDICIAL
REVIEW.
(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 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.
(3) WITHIN THIRTY DAYS AFTER THE PUBLIC HEARING OR
COMPLETION OF THE APPLICATION INVESTIGATION, A LOCAL LICENSING
AUTHORITY SHALL ISSUE ITS DECISION APPROVING OR DENYING AN
APPLICATION FOR LOCAL LICENSURE. THE DECISION SHALL BE IN WRITING
AND SHALL STATE THE REASONS FOR THE DECISION. THE LOCAL LICENSING
AUTHORITY SHALL SEND A COPY OF THE DECISION BY CERTIFIED MAIL TO THE
APPLICANT AT THE ADDRESS SHOWN IN THE APPLICATION.
(4) AFTER APPROVAL OF AN APPLICATION, A LOCAL LICENSING
AUTHORITY SHALL NOT ISSUE A LOCAL LICENSE UNTIL THE BUILDING IN
WHICH THE BUSINESS TO BE CONDUCTED IS READY FOR OCCUPANCY WITH
SUCH FURNITURE, FIXTURES, AND EQUIPMENT IN PLACE AS ARE NECESSARY
TO COMPLY WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE, AND THEN
ONLY AFTER THE LOCAL LICENSING AUTHORITY HAS INSPECTED THE
PREMISES TO DETERMINE THAT THE APPLICANT HAS COMPLIED WITH THE
ARCHITECT'S DRAWING AND THE PLOT PLAN AND DETAILED SKETCH FOR THE
INTERIOR OF THE BUILDING SUBMITTED WITH THE APPLICATION.
PAGE 15-HOUSE BILL 10-1284
(5) AFTER APPROVAL OF AN APPLICATION FOR LOCAL LICENSURE,
THE LOCAL LICENSING AUTHORITY SHALL NOTIFY THE STATE LICENSING
AUTHORITY OF SUCH APPROVAL, WHO SHALL INVESTIGATE AND EITHER
APPROVE OR DISAPPROVE THE APPLICATION FOR STATE LICENSURE.
12-43.3-304. Medical marijuana license bond. (1) BEFORE THE
STATE LICENSING AUTHORITY ISSUES A STATE LICENSE TO AN APPLICANT,
THE APPLICANT SHALL PROCURE AND FILE WITH THE STATE LICENSING
AUTHORITY EVIDENCE OF A GOOD AND SUFFICIENT BOND IN THE AMOUNT OF
FIVE THOUSAND DOLLARS WITH CORPORATE SURETY THEREON DULY
LICENSED TO DO BUSINESS WITH THE STATE, APPROVED AS TO FORM BY THE
ATTORNEY GENERAL OF THE STATE, AND CONDITIONED THAT THE APPLICANT
SHALL REPORT AND PAY ALL SALES AND USE TAXES DUE TO THE STATE, OR
FOR WHICH THE STATE IS THE COLLECTOR OR COLLECTING AGENT, IN A
TIMELY MANNER, AS PROVIDED IN LAW.
(2) A CORPORATE SURETY SHALL NOT BE REQUIRED TO MAKE
PAYMENTS TO THE STATE CLAIMING UNDER SUCH BOND UNTIL A FINAL
DETERMINATION OF FAILURE TO PAY TAXES DUE TO THE STATE HAS BEEN
MADE BY THE STATE LICENSING AUTHORITY OR A COURT OF COMPETENT
JURISDICTION.
(3) ALL BONDS REQUIRED PURSUANT TO THIS SECTION SHALL BE
RENEWED AT SUCH TIME AS THE BONDHOLDER’S LICENSE IS RENEWED. THE
RENEWAL MAY BE ACCOMPLISHED THROUGH A CONTINUATION CERTIFICATE
ISSUED BY THE SURETY.
12-43.3-305. State licensing authority - application and issuance
procedures. (1) APPLICATIONS FOR A STATE LICENSE UNDER THE
PROVISIONS OF THIS ARTICLE SHALL BE MADE TO THE STATE LICENSING
AUTHORITY ON FORMS PREPARED AND FURNISHED BY THE STATE LICENSING
AUTHORITY AND SHALL SET FORTH SUCH INFORMATION AS THE STATE
LICENSING AUTHORITY MAY REQUIRE TO ENABLE THE STATE LICENSING
AUTHORITY TO DETERMINE WHETHER A STATE LICENSE SHOULD BE
GRANTED. THE INFORMATION SHALL INCLUDE THE NAME AND ADDRESS OF
THE APPLICANT, THE NAMES AND ADDRESSES OF THE OFFICERS, DIRECTORS,
OR MANAGERS, AND ALL OTHER INFORMATION DEEMED NECESSARY BY THE
STATE LICENSING AUTHORITY. EACH APPLICATION SHALL BE VERIFIED BY
THE OATH OR AFFIRMATION OF SUCH PERSON OR PERSONS AS THE STATE
LICENSING AUTHORITY MAY PRESCRIBE.
PAGE 16-HOUSE BILL 10-1284
(2) THE STATE LICENSING AUTHORITY SHALL NOT ISSUE A STATE
LICENSE PURSUANT TO THIS SECTION UNTIL THE LOCAL LICENSING
AUTHORITY HAS APPROVED THE APPLICATION FOR A LOCAL LICENSE AND
ISSUED A LOCAL LICENSE AS PROVIDED FOR IN SECTIONS 12-43.3-301 TO
12-43.3-303.
(3) NOTHING IN THIS ARTICLE SHALL PREEMPT OR OTHERWISE IMPAIR
THE POWER OF A LOCAL GOVERNMENT TO ENACT ORDINANCES OR
RESOLUTIONS CONCERNING MATTERS AUTHORIZED TO LOCAL
GOVERNMENTS.
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.
(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. 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.
12-43.3-307. Persons prohibited as licensees. (1) (a) A LICENSE
PROVIDED BY THIS ARTICLE SHALL NOT BE ISSUED TO OR HELD BY:
(I) A PERSON UNTIL THE ANNUAL FEE THEREFORE HAS BEEN PAID;
(II) A PERSON WHOSE CRIMINAL HISTORY INDICATES THAT HE OR SHE
IS NOT OF GOOD MORAL CHARACTER;
(III) A CORPORATION, IF THE CRIMINAL HISTORY OF ANY OF ITS
OFFICERS, DIRECTORS, OR STOCKHOLDERS INDICATES THAT THE OFFICER,
DIRECTOR, OR STOCKHOLDER IS NOT OF GOOD MORAL CHARACTER;
(IV) A LICENSED PHYSICIAN MAKING PATIENT RECOMMENDATIONS;
(V) A PERSON EMPLOYING, ASSISTED BY, OR FINANCED IN WHOLE OR
PAGE 17-HOUSE BILL 10-1284
IN PART BY ANY OTHER PERSON WHOSE CRIMINAL HISTORY INDICATES HE OR
SHE IS NOT OF GOOD CHARACTER AND REPUTATION SATISFACTORY TO THE
RESPECTIVE LICENSING AUTHORITY;
(VI) A PERSON UNDER TWENTY-ONE YEARS OF AGE;
(VII) A PERSON LICENSED PURSUANT TO THIS ARTICLE WHO, DURING
A PERIOD OF LICENSURE, OR WHO, AT THE TIME OF APPLICATION, HAS FAILED
TO:
(A) PROVIDE A SURETY BOND OR FILE ANY TAX RETURN WITH A
TAXING AGENCY;
(B) PAY ANY TAXES, INTEREST, OR PENALTIES DUE;
(C) PAY ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY;
(D) STAY OUT OF DEFAULT ON A GOVERNMENT-ISSUED STUDENT
LOAN.
(E) PAY CHILD SUPPORT; OR
(F) REMEDY AN OUTSTANDING DELINQUENCY FOR TAXES OWED, AN
OUTSTANDING DELINQUENCY FOR JUDGMENTS OWED TO A GOVERNMENT
AGENCY, OR AN OUTSTANDING DELINQUENCY FOR CHILD SUPPORT.
(VIII) 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, OR USE OF A CONTROLLED SUBSTANCE.
(IX) A PERSON WHO EMPLOYS ANOTHER PERSON AT A MEDICAL
MARIJUANA FACILITY WHO HAS NOT PASSED A CRIMINAL HISTORY RECORD
CHECK;
(X) A SHERIFF, DEPUTY SHERIFF, POLICE OFFICER, OR PROSECUTING
OFFICER, OR AN OFFICER OR EMPLOYEE OF THE STATE LICENSING AUTHORITY
OR A LOCAL LICENSING AUTHORITY;
PAGE 18-HOUSE BILL 10-1284
(XI) A PERSON WHOSE AUTHORITY TO BE A PRIMARY CAREGIVER AS
DEFINED IN SECTION 25-1.5-106 (2) HAS BEEN REVOKED BY THE STATE
HEALTH AGENCY;
(XII) A PERSON FOR A LICENSE FOR A LOCATION THAT IS CURRENTLY
LICENSED AS A RETAIL FOOD ESTABLISHMENT OR WHOLESALE FOOD
REGISTRANT; OR
(XIII) A PERSON WHO HAS NOT BEEN A RESIDENT OF COLORADO FOR
AT LEAST TWO YEARS PRIOR TO THE DATE OF THE PERSON'S APPLICATION;
EXCEPT THAT FOR A PERSON WHO SUBMITS AN APPLICATION FOR LICENSURE
PURSUANT TO THIS ARTICLE BY DECEMBER 15, 2010, THIS REQUIREMENT
SHALL NOT APPLY TO THAT PERSON IF THE PERSON WAS A RESIDENT OF THE
STATE OF COLORADO ON DECEMBER 15, 2009.
(2) (a) IN INVESTIGATING THE QUALIFICATIONS OF AN APPLICANT OR
A LICENSEE, THE STATE LICENSING AUTHORITY 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 LICENSING AUTHORITY CONSIDERS THE
APPLICANT'S CRIMINAL HISTORY RECORD, THE STATE 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.
(b) AS USED IN PARAGRAPH (a) OF THIS SUBSECTION (2), "CRIMINAL
JUSTICE AGENCY" MEANS ANY FEDERAL, STATE, OR MUNICIPAL COURT OR
ANY GOVERNMENTAL AGENCY OR SUBUNIT OF SUCH AGENCY THAT
ADMINISTERS CRIMINAL JUSTICE PURSUANT TO A STATUTE OR EXECUTIVE
ORDER AND THAT ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET
TO THE ADMINISTRATION OF CRIMINAL JUSTICE.
(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
PAGE 19-HOUSE BILL 10-1284
CONCERNING THE APPLICANT'S QUALIFICATIONS FOR A STATE LICENSE ON
FORMS PREPARED BY THE STATE LICENSING AUTHORITY. THE STATE
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
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 LICENSING
AUTHORITY SHALL USE THE INFORMATION RESULTING 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 LICENSING AUTHORITY
MAY VERIFY ANY OF THE INFORMATION AN APPLICANT IS REQUIRED TO
SUBMIT.
12-43.3-308. Restrictions for applications for new licenses.
(1) THE STATE OR A LOCAL LICENSING AUTHORITY SHALL NOT RECEIVE OR
ACT UPON AN APPLICATION FOR THE ISSUANCE OF A STATE OR LOCAL LICENSE
PURSUANT TO THIS ARTICLE:
(a) IF THE APPLICATION FOR A STATE OR LOCAL LICENSE CONCERNS
A PARTICULAR LOCATION THAT IS THE SAME AS OR WITHIN ONE THOUSAND
FEET OF A LOCATION FOR WHICH, WITHIN THE TWO YEARS IMMEDIATELY
PRECEDING THE DATE OF THE APPLICATION, THE STATE OR A LOCAL
LICENSING AUTHORITY DENIED AN APPLICATION FOR THE SAME CLASS OF
LICENSE DUE TO THE NATURE OF THE USE OR OTHER CONCERN RELATED TO
THE LOCATION;
(b) UNTIL IT IS ESTABLISHED THAT THE APPLICANT IS, OR WILL BE,
ENTITLED TO POSSESSION OF THE PREMISES FOR WHICH APPLICATION IS MADE
UNDER A LEASE, RENTAL AGREEMENT, OR OTHER ARRANGEMENT FOR
POSSESSION OF THE PREMISES OR BY VIRTUE OF OWNERSHIP OF THE
PREMISES;
PAGE 20-HOUSE BILL 10-1284
(c) FOR A LOCATION IN AN AREA WHERE THE CULTIVATION,
MANUFACTURE, AND SALE OF MEDICAL MARIJUANA AS CONTEMPLATED IS
NOT PERMITTED UNDER THE APPLICABLE ZONING LAWS OF THE
MUNICIPALITY, CITY AND COUNTY, OR COUNTY;
(d) (I) IF THE BUILDING IN WHICH MEDICAL MARIJUANA IS TO BE SOLD
IS LOCATED WITHIN ONE THOUSAND FEET OF A SCHOOL, AN ALCOHOL OR
DRUG TREATMENT FACILITY, OR THE PRINCIPAL CAMPUS OF A COLLEGE,
UNIVERSITY, OR SEMINARY, OR A RESIDENTIAL CHILD CARE FACILITY. THE
PROVISIONS OF THIS SECTION SHALL NOT AFFECT THE RENEWAL OR
RE-ISSUANCE OF A LICENSE ONCE GRANTED OR APPLY TO LICENSED PREMISES
LOCATED OR TO BE LOCATED ON LAND OWNED BY A MUNICIPALITY, NOR
SHALL THE PROVISIONS OF THIS SECTION APPLY TO AN EXISTING LICENSED
PREMISES ON LAND OWNED BY THE STATE, OR APPLY TO A LICENSE IN EFFECT
AND ACTIVELY DOING BUSINESS BEFORE SAID PRINCIPAL CAMPUS WAS
CONSTRUCTED. THE LOCAL LICENSING AUTHORITY OF A CITY AND COUNTY,
BY RULE OR REGULATION, THE GOVERNING BODY OF A MUNICIPALITY, BY
ORDINANCE, AND THE GOVERNING BODY OF A COUNTY, BY RESOLUTION, MAY
VARY THE DISTANCE RESTRICTIONS IMPOSED BY THIS SUBPARAGRAPH (I) FOR
A LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS, CAMPUSES,
OR FACILITIES FROM THE APPLICATION OF A DISTANCE RESTRICTION
ESTABLISHED BY OR PURSUANT TO THIS SUBPARAGRAPH (I).
(II) THE DISTANCES REFERRED TO IN THIS PARAGRAPH (d) ARE TO BE
COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE
OF THE LAND USED FOR A SCHOOL OR CAMPUS TO THE NEAREST PORTION OF
THE BUILDING IN WHICH MEDICAL MARIJUANA IS TO BE SOLD, USING A ROUTE
OF DIRECT PEDESTRIAN ACCESS.
(III) IN ADDITION TO THE REQUIREMENTS OF SECTION 12-43.3-303
(2), THE LOCAL LICENSING AUTHORITY SHALL CONSIDER THE EVIDENCE AND
MAKE A SPECIFIC FINDING OF FACT AS TO WHETHER THE BUILDING IN WHICH
THE MEDICAL MARIJUANA IS TO BE SOLD IS LOCATED WITHIN ANY DISTANCE
RESTRICTIONS ESTABLISHED BY OR PURSUANT TO THIS PARAGRAPH (d).
12-43.3-309. Transfer of ownership. (1) A STATE OR LOCAL
LICENSE GRANTED UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT BE
TRANSFERABLE EXCEPT AS PROVIDED IN THIS SECTION, BUT THIS SECTION
SHALL NOT PREVENT A CHANGE OF LOCATION AS PROVIDED IN SECTION
12-43.3-310 (13).
PAGE 21-HOUSE BILL 10-1284
(2) FOR A TRANSFER OF OWNERSHIP, A LICENSE HOLDER SHALL APPLY
TO THE STATE AND LOCAL LICENSING AUTHORITIES ON FORMS PREPARED AND
FURNISHED BY THE STATE LICENSING AUTHORITY. IN DETERMINING
WHETHER TO PERMIT A TRANSFER OF OWNERSHIP, THE STATE AND LOCAL
LICENSING AUTHORITIES SHALL CONSIDER ONLY THE REQUIREMENTS OF THIS
ARTICLE, ANY RULES PROMULGATED BY THE STATE LICENSING AUTHORITY,
AND ANY OTHER LOCAL RESTRICTIONS. THE LOCAL LICENSING AUTHORITY
MAY HOLD A HEARING ON THE APPLICATION FOR TRANSFER OF OWNERSHIP.
THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A HEARING PURSUANT
TO THIS SUBSECTION (2) UNTIL THE LOCAL LICENSING AUTHORITY HAS
POSTED A NOTICE OF HEARING IN THE MANNER DESCRIBED IN SECTION
12-43.3-302 (2) ON THE LICENSED MEDICAL MARIJUANA CENTER PREMISES
FOR A PERIOD OF TEN DAYS AND HAS PROVIDED NOTICE OF THE HEARING TO
THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING. ANY TRANSFER
OF OWNERSHIP HEARING BY THE STATE LICENSING AUTHORITY SHALL BE
HELD IN COMPLIANCE WITH THE REQUIREMENTS SPECIFIED IN SECTION
12-43.3-302.
12-43.3-310. Licensing in general. (1) THIS ARTICLE AUTHORIZES
A COUNTY, MUNICIPALITY, OR CITY AND COUNTY TO PROHIBIT THE
OPERATION OF MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES
CULTIVATION OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURERS' LICENSES AND TO ENACT REASONABLE REGULATIONS OR
OTHER RESTRICTIONS APPLICABLE TO MEDICAL MARIJUANA CENTERS,
OPTIONAL PREMISES CULTIVATION LICENSES, AND MEDICAL
MARIJUANA-INFUSED PRODUCTS MANUFACTURERS' LICENSES BASED ON
LOCAL GOVERNMENT ZONING, HEALTH, SAFETY, AND PUBLIC WELFARE LAWS
FOR THE DISTRIBUTION OF MEDICAL MARIJUANA THAT ARE MORE
RESTRICTIVE THAN THIS ARTICLE.
(2) A MEDICAL MARIJUANA CENTER, OPTIONAL PREMISES
CULTIVATION OPERATION, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER MAY NOT OPERATE UNTIL IT HAS BEEN LICENSED BY THE
LOCAL LICENSING AUTHORITY AND THE STATE LICENSING AUTHORITY
PURSUANT TO THIS ARTICLE. IN CONNECTION WITH A LICENSE, THE
APPLICANT SHALL PROVIDE A COMPLETE AND ACCURATE LIST OF ALL
OWNERS, OFFICERS, AND EMPLOYEES WHO WORK AT, MANAGE, OWN, OR ARE
OTHERWISE ASSOCIATED WITH THE OPERATION AND SHALL PROVIDE A
COMPLETE AND ACCURATE APPLICATION AS REQUIRED BY THE STATE
LICENSING AUTHORITY.
PAGE 22-HOUSE BILL 10-1284
(3) A MEDICAL MARIJUANA CENTER, OPTIONAL PREMISES
CULTIVATION OPERATION, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER SHALL NOTIFY THE STATE LICENSING AUTHORITY IN
WRITING WITHIN TEN DAYS AFTER AN OWNER, OFFICER, OR EMPLOYEE
CEASES TO WORK AT, MANAGE, OWN, OR OTHERWISE BE ASSOCIATED WITH
THE OPERATION. THE OWNER, OFFICER, OR EMPLOYEE SHALL SURRENDER HIS
OR HER IDENTIFICATION CARD TO THE STATE LICENSING AUTHORITY ON OR
BEFORE THE DATE OF THE NOTIFICATION.
(4) A MEDICAL MARIJUANA CENTER, OPTIONAL PREMISES
CULTIVATION OPERATION, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER SHALL NOTIFY THE STATE LICENSING AUTHORITY IN
WRITING OF THE NAME, ADDRESS, AND DATE OF BIRTH OF AN OWNER,
OFFICER, MANAGER, OR EMPLOYEE BEFORE THE NEW OWNER, OFFICER, OR
EMPLOYEE BEGINS WORKING AT, MANAGING, OWNING, OR BEING ASSOCIATED
WITH THE OPERATION. THE OWNER, OFFICER, MANAGER, OR EMPLOYEE
SHALL PASS A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS
REQUIRED BY THE STATE LICENSING AUTHORITY AND OBTAIN THE REQUIRED
IDENTIFICATION PRIOR TO BEING ASSOCIATED WITH, MANAGING, OWNING, OR
WORKING AT THE OPERATION.
(5) A MEDICAL MARIJUANA CENTER, OPTIONAL PREMISES
CULTIVATION OPERATION, OR MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURER SHALL NOT ACQUIRE, POSSESS, CULTIVATE, DELIVER,
TRANSFER, TRANSPORT, SUPPLY, OR DISPENSE MARIJUANA FOR ANY PURPOSE
EXCEPT TO ASSIST PATIENTS, AS DEFINED BY SECTION 14(1) OF ARTICLE
XVIII OF THE STATE CONSTITUTION.
(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. 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.
PAGE 23-HOUSE BILL 10-1284
(7) BEFORE GRANTING A LOCAL OR STATE LICENSE, THE RESPECTIVE
LICENSING AUTHORITY MAY CONSIDER, EXCEPT WHERE THIS ARTICLE
SPECIFICALLY PROVIDES OTHERWISE, THE REQUIREMENTS OF THIS ARTICLE
AND ANY RULES PROMULGATED PURSUANT TO THIS ARTICLE, AND ALL OTHER
REASONABLE RESTRICTIONS THAT ARE OR MAY BE PLACED UPON THE
LICENSEE BY THE LICENSING AUTHORITY. WITH RESPECT TO A SECOND OR
ADDITIONAL LICENSE FOR THE SAME LICENSEE OR THE SAME OWNER OF
ANOTHER LICENSED BUSINESS PURSUANT TO THIS ARTICLE, EACH LICENSING
AUTHORITY SHALL CONSIDER THE EFFECT ON COMPETITION OF GRANTING OR
DENYING THE ADDITIONAL LICENSES TO SUCH LICENSEE AND SHALL NOT
APPROVE AN APPLICATION FOR A SECOND OR ADDITIONAL LICENSE THAT
WOULD HAVE THE EFFECT OF RESTRAINING COMPETITION.
(8) (a) EACH LICENSE ISSUED UNDER THIS ARTICLE IS SEPARATE AND
DISTINCT. IT IS UNLAWFUL FOR A PERSON TO EXERCISE ANY OF THE
PRIVILEGES GRANTED UNDER A LICENSE OTHER THAN THE LICENSE THAT THE
PERSON HOLDS OR FOR A LICENSEE TO ALLOW ANY OTHER PERSON TO
EXERCISE THE PRIVILEGES GRANTED UNDER THE LICENSEE'S LICENSE. A
SEPARATE LICENSE SHALL BE REQUIRED FOR EACH SPECIFIC BUSINESS OR
BUSINESS ENTITY AND EACH GEOGRAPHICAL LOCATION.
(b) AT ALL TIMES, A LICENSEE SHALL POSSESS AND MAINTAIN
POSSESSION OF THE PREMISES OR OPTIONAL PREMISES FOR WHICH THE
LICENSE IS ISSUED BY OWNERSHIP, LEASE, RENTAL, OR OTHER ARRANGEMENT
FOR POSSESSION OF THE PREMISES.
(9) (a) THE LICENSES PROVIDED PURSUANT TO THIS ARTICLE SHALL
SPECIFY THE DATE OF ISSUANCE, THE PERIOD OF LICENSURE, THE NAME OF
THE LICENSEE, AND THE PREMISES OR OPTIONAL PREMISES LICENSED. THE
LICENSEE SHALL CONSPICUOUSLY PLACE THE LICENSE AT ALL TIMES ON THE
LICENSED PREMISES OR OPTIONAL PREMISES.
(b) A LOCAL LICENSING AUTHORITY SHALL NOT TRANSFER LOCATION
OF OR RENEW A LICENSE TO SELL MEDICAL MARIJUANA UNTIL THE APPLICANT
FOR THE LICENSE PRODUCES A LICENSE ISSUED AND GRANTED BY THE STATE
LICENSING AUTHORITY COVERING THE WHOLE PERIOD FOR WHICH A LICENSE
OR LICENSE RENEWAL IS SOUGHT.
(10) IN COMPUTING ANY PERIOD OF TIME PRESCRIBED BY THIS
ARTICLE, THE DAY OF THE ACT, EVENT, OR DEFAULT FROM WHICH THE
PAGE 24-HOUSE BILL 10-1284
DESIGNATED PERIOD OF TIME BEGINS TO RUN SHALL NOT BE INCLUDED.
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS SHALL BE COUNTED AS ANY
OTHER DAY.
(11) A LICENSEE SHALL REPORT EACH TRANSFER OR CHANGE OF
FINANCIAL INTEREST IN THE LICENSE TO THE STATE AND LOCAL LICENSING
AUTHORITIES, THIRTY DAYS PRIOR TO ANY TRANSFER OR CHANGE PURSUANT
TO SECTION 12-43.3-309. A REPORT SHALL BE REQUIRED FOR TRANSFERS OF
CAPITAL STOCK OF ANY CORPORATION REGARDLESS OF SIZE.
(12) EACH LICENSEE SHALL MANAGE THE LICENSED PREMISES
HIMSELF OR HERSELF OR EMPLOY A SEPARATE AND DISTINCT MANAGER ON
THE PREMISES AND SHALL REPORT THE NAME OF THE MANAGER TO THE
STATE AND LOCAL LICENSING AUTHORITIES. THE LICENSEE SHALL REPORT
ANY CHANGE IN MANAGER TO THE STATE AND LOCAL LICENSING
AUTHORITIES THIRTY DAYS PRIOR TO THE CHANGE PURSUANT TO SECTION
12-43.3-309.
(13) (a) A LICENSEE MAY MOVE HIS OR HER PERMANENT LOCATION
TO ANY OTHER PLACE IN THE SAME MUNICIPALITY OR CITY AND COUNTY FOR
WHICH THE LICENSE WAS ORIGINALLY GRANTED, OR IN THE SAME COUNTY IF
THE LICENSE WAS GRANTED FOR A PLACE OUTSIDE THE CORPORATE LIMITS
OF A MUNICIPALITY OR CITY AND COUNTY, BUT IT SHALL BE UNLAWFUL TO
CULTIVATE, MANUFACTURE, DISTRIBUTE OR SELL MEDICAL MARIJUANA AT
ANY SUCH PLACE UNTIL PERMISSION TO DO SO IS GRANTED BY THE STATE
AND LOCAL LICENSING AUTHORITIES PROVIDED FOR IN THIS ARTICLE.
(b) IN PERMITTING A CHANGE OF LOCATION, THE STATE AND LOCAL
LICENSING AUTHORITIES SHALL CONSIDER ALL REASONABLE RESTRICTIONS
THAT ARE OR MAY BE PLACED UPON THE NEW LOCATION BY THE GOVERNING
BOARD OR LOCAL LICENSING AUTHORITY OF THE MUNICIPALITY, CITY AND
COUNTY, OR COUNTY AND ANY SUCH CHANGE IN LOCATION SHALL BE IN
ACCORDANCE WITH ALL REQUIREMENTS OF THIS ARTICLE AND RULES
PROMULGATED PURSUANT TO THIS ARTICLE.
(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
PAGE 25-HOUSE BILL 10-1284
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.
12-43.3-311. License renewal. (1) NINETY DAYS PRIOR TO THE
EXPIRATION DATE OF AN EXISTING LICENSE, THE STATE LICENSING
AUTHORITY SHALL NOTIFY THE LICENSEE OF THE EXPIRATION DATE BY FIRST
CLASS MAIL AT THE LICENSEE’S ADDRESS OF RECORD WITH THE STATE
LICENSING AUTHORITY. A LICENSEE SHALL APPLY FOR THE RENEWAL OF AN
EXISTING LICENSE TO THE LOCAL LICENSING AUTHORITY NOT LESS THAN
FORTY-FIVE DAYS AND TO THE STATE LICENSING AUTHORITY NOT LESS THAN
THIRTY DAYS PRIOR TO THE DATE OF EXPIRATION. A LOCAL LICENSING
AUTHORITY SHALL NOT ACCEPT AN APPLICATION FOR RENEWAL OF A LICENSE
AFTER THE DATE OF EXPIRATION, EXCEPT AS PROVIDED IN SUBSECTION (2) OF
THIS SECTION. THE STATE LICENSING AUTHORITY MAY EXTEND THE
EXPIRATION DATE OF THE LICENSE AND ACCEPT A LATE APPLICATION FOR
RENEWAL OF A LICENSE PROVIDED THAT THE APPLICANT HAS FILED A TIMELY
RENEWAL APPLICATION WITH THE LOCAL LICENSING AUTHORITY. ALL
RENEWALS FILED WITH THE LOCAL LICENSING AUTHORITY AND
SUBSEQUENTLY APPROVED BY THE LOCAL LICENSING AUTHORITY SHALL
NEXT BE PROCESSED BY THE STATE LICENSING AUTHORITY. THE STATE OR
THE LOCAL LICENSING AUTHORITY, IN ITS DISCRETION, SUBJECT TO THE
REQUIREMENTS OF THIS SUBSECTION (1) AND SUBSECTION (2) OF THIS
SECTION AND BASED UPON REASONABLE GROUNDS, MAY WAIVE THE
FORTY-FIVE-DAY OR THIRTY-DAY TIME REQUIREMENTS SET FORTH IN THIS
SUBSECTION (1). THE LOCAL LICENSING AUTHORITY MAY HOLD A HEARING
ON THE APPLICATION FOR RENEWAL ONLY IF THE LICENSEE HAS HAD
COMPLAINTS FILED AGAINST IT, HAS A HISTORY OF VIOLATIONS, OR THERE
ARE ALLEGATIONS AGAINST THE LICENSEE THAT WOULD CONSTITUTE GOOD
CAUSE. THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A RENEWAL
HEARING PROVIDED FOR BY THIS SUBSECTION (1) FOR A MEDICAL MARIJUANA
CENTER UNTIL IT HAS POSTED A NOTICE OF HEARING ON THE LICENSED
MEDICAL MARIJUANA CENTER PREMISES IN THE MANNER DESCRIBED IN
SECTION 12-43.3-302 (2) FOR A PERIOD OF TEN DAYS AND PROVIDED NOTICE
TO THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING. THE LOCAL
LICENSING AUTHORITY MAY REFUSE TO RENEW ANY LICENSE FOR GOOD
CAUSE, SUBJECT TO JUDICIAL REVIEW.
PAGE 26-HOUSE BILL 10-1284
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF
THIS SECTION, A LICENSEE WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE
THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE
PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED
DOLLARS TO THE LOCAL LICENSING AUTHORITY. A LICENSEE WHO FILES A
LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE
TO OPERATE UNTIL BOTH THE STATE AND LOCAL LICENSING AUTHORITIES
HAVE TAKEN FINAL ACTION TO APPROVE OR DENY THE LICENSEE'S LATE
RENEWAL APPLICATION UNLESS THE STATE OR LOCAL LICENSING AUTHORITY
SUMMARILY SUSPENDS THE LICENSE PURSUANT TO ARTICLE 4 OF TITLE 24,
C.R.S., THIS ARTICLE, AND RULES PROMULGATED PURSUANT TO THIS
ARTICLE.
(b) THE STATE AND LOCAL LICENSING AUTHORITIES MAY NOT ACCEPT
A LATE RENEWAL APPLICATION MORE THAN NINETY DAYS AFTER THE
EXPIRATION OF A LICENSEE'S PERMANENT ANNUAL LICENSE. A LICENSEE
WHOSE PERMANENT ANNUAL LICENSE HAS BEEN EXPIRED FOR MORE THAN
NINETY DAYS SHALL NOT CULTIVATE, MANUFACTURE, DISTRIBUTE, OR SELL
ANY MEDICAL MARIJUANA UNTIL ALL REQUIRED LICENSES HAVE BEEN
OBTAINED.
(c) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE LATE
APPLICATION FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE STATE
LICENSING AUTHORITY BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION
24-75-402 (3), C.R.S., BY REDUCING THE UNCOMMITTED RESERVES OF THE
FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
STATE LICENSING AUTHORITY BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24-75-402
(4), C.R.S.
12-43.3-312. Inactive licenses. THE STATE OR LOCAL LICENSING
AUTHORITY, IN ITS DISCRETION, MAY REVOKE OR ELECT NOT TO RENEW ANY
LICENSE IF IT DETERMINES THAT THE LICENSED PREMISES HAVE BEEN
INACTIVE, WITHOUT GOOD CAUSE, FOR AT LEAST ONE YEAR.
12-43.3-313. Unlawful financial assistance. (1) THE STATE
LICENSING AUTHORITY, BY RULE AND REGULATION, SHALL REQUIRE A
COMPLETE DISCLOSURE OF ALL PERSONS HAVING A DIRECT OR INDIRECT
PAGE 27-HOUSE BILL 10-1284
FINANCIAL INTEREST, AND THE EXTENT OF SUCH INTEREST, IN EACH LICENSE
ISSUED UNDER THIS ARTICLE.
(2) A PERSON SHALL NOT HAVE AN UNREPORTED FINANCIAL
INTEREST IN A LICENSE PURSUANT TO THIS ARTICLE UNLESS THAT PERSON
HAS UNDERGONE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
AS PROVIDED FOR BY THE STATE LICENSING AUTHORITY IN ITS RULES;
EXCEPT THAT THIS SUBSECTION (2) SHALL NOT APPLY TO BANKS, SAVINGS
AND LOAN ASSOCIATIONS, OR INDUSTRIAL BANKS SUPERVISED AND
REGULATED BY AN AGENCY OF THE STATE OR FEDERAL GOVERNMENT, OR TO
FHA-APPROVED MORTGAGEES, OR TO STOCKHOLDERS, DIRECTORS, OR
OFFICERS THEREOF.
(3) THIS SECTION IS INTENDED TO PROHIBIT AND PREVENT THE
CONTROL OF THE OUTLETS FOR THE SALE OF MEDICAL MARIJUANA BY A
PERSON OR PARTY OTHER THAN THE PERSONS LICENSED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
PART 4
LICENSE TYPES
12-43.3-401. Classes of licenses. (1) FOR THE PURPOSE OF
REGULATING THE CULTIVATION, MANUFACTURE, DISTRIBUTION, AND SALE
OF MEDICAL MARIJUANA, THE STATE LICENSING AUTHORITY IN ITS
DISCRETION, UPON APPLICATION IN THE PRESCRIBED FORM MADE TO IT, MAY
ISSUE AND GRANT TO THE APPLICANT A LICENSE FROM ANY OF THE
FOLLOWING CLASSES, SUBJECT TO THE PROVISIONS AND RESTRICTIONS
PROVIDED BY THIS ARTICLE:
(a) MEDICAL MARIJUANA CENTER LICENSE;
(b) OPTIONAL PREMISES CULTIVATION LICENSE;
(c) MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING
LICENSE; AND
(d) OCCUPATIONAL LICENSES AND REGISTRATIONS FOR OWNERS,
MANAGERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND OTHER SUPPORT
STAFF EMPLOYED BY, WORKING IN, OR HAVING ACCESS TO RESTRICTED
AREAS OF THE LICENSED PREMISES, AS DETERMINED BY THE STATE
PAGE 28-HOUSE BILL 10-1284
LICENSING AUTHORITY. 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.
(2) ALL PERSONS LICENSED PURSUANT TO THIS ARTICLE SHALL
COLLECT SALES TAX ON ALL SALES MADE PURSUANT TO THE LICENSING
ACTIVITIES.
(3) A STATE CHARTERED BANK OR A CREDIT UNION MAY LOAN
MONEY TO ANY PERSON LICENSED PURSUANT TO THIS ARTICLE FOR THE
OPERATION OF A LICENSED BUSINESS.
12-43.3-402. Medical marijuana center license. (1) A MEDICAL
MARIJUANA CENTER LICENSE SHALL BE ISSUED ONLY TO A PERSON SELLING
MEDICAL MARIJUANA PURSUANT TO THE TERMS AND CONDITIONS OF THIS
ARTICLE.
(2) (a) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A
MEDICAL MARIJUANA CENTER LICENSEE MAY ALSO SELL MEDICAL
MARIJUANA-INFUSED PRODUCTS THAT ARE PREPACKAGED AND LABELED SO
AS TO CLEARLY INDICATE ALL OF THE FOLLOWING:
(I) THAT THE PRODUCT CONTAINS MEDICAL MARIJUANA;
(II) THAT THE PRODUCT IS MANUFACTURED WITHOUT ANY
REGULATORY OVERSIGHT FOR HEALTH, SAFETY, OR EFFICACY; AND
(III) THAT THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE
CONSUMPTION OR USE OF THE PRODUCT.
(b) A MEDICAL MARIJUANA LICENSEE MAY CONTRACT WITH A
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE FOR
THE MANUFACTURE OF MEDICAL MARIJUANA-INFUSED PRODUCTS UPON A
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE'S
LICENSED PREMISES.
(3) EVERY PERSON SELLING MEDICAL MARIJUANA AS PROVIDED FOR
IN THIS ARTICLE SHALL SELL ONLY MEDICAL MARIJUANA GROWN IN ITS
PAGE 29-HOUSE BILL 10-1284
MEDICAL MARIJUANA OPTIONAL PREMISES LICENSED PURSUANT TO THIS
ARTICLE. 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.
(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., AND A VALID PICTURE IDENTIFICATION CARD THAT MATCHES THE
NAME ON THE REGISTRATION CARD.
(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).
(7) ALL MEDICAL MARIJUANA SOLD AT A LICENSED MEDICAL
MARIJUANA CENTER SHALL BE LABELED WITH A LIST OF ALL CHEMICAL
ADDITIVES, INCLUDING BUT NOT LIMITED TO NONORGANIC PESTICIDES,
HERBICIDES, AND FERTILIZERS, THAT WERE USED IN THE CULTIVATION AND
THE PRODUCTION OF THE MEDICAL MARIJUANA.
(8) A LICENSED MEDICAL MARIJUANA CENTER SHALL COMPLY WITH
ALL PROVISIONS OF ARTICLE 34 OF TITLE 24, C.R.S., AS THE PROVISIONS
RELATE TO PERSONS WITH DISABILITIES.
12-43.3-403. Optional premises cultivation license. 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
PAGE 30-HOUSE BILL 10-1284
MANUFACTURING LICENSE.
12-43.3-404. Medical marijuana-infused products
manufacturing license. (1) A MEDICAL MARIJUANA-INFUSED PRODUCTS
MANUFACTURING LICENSE MAY BE ISSUED TO A PERSON WHO
MANUFACTURES MEDICAL MARIJUANA-INFUSED PRODUCTS, PURSUANT TO
THE TERMS AND CONDITIONS OF THIS ARTICLE.
(2) MEDICAL MARIJUANA-INFUSED PRODUCTS SHALL BE PREPARED
ON A LICENSED PREMISES THAT IS USED EXCLUSIVELY FOR THE
MANUFACTURE AND PREPARATION OF MEDICAL MARIJUANA-INFUSED
PRODUCTS AND USING EQUIPMENT THAT IS USED EXCLUSIVELY FOR THE
MANUFACTURE AND PREPARATION OF MEDICAL MARIJUANA-INFUSED
PRODUCTS.
(3) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE SHALL
HAVE A WRITTEN AGREEMENT OR CONTRACT WITH A MEDICAL MARIJUANA
CENTER LICENSEE, WHICH CONTRACT SHALL AT A MINIMUM SET FORTH THE
TOTAL AMOUNT OF MEDICAL MARIJUANA OBTAINED FROM A MEDICAL
MARIJUANA CENTER LICENSEE TO BE USED IN THE MANUFACTURING PROCESS,
AND THE TOTAL AMOUNT OF MEDICAL MARIJUANA-INFUSED PRODUCTS TO BE
MANUFACTURED FROM THE MEDICAL MARIJUANA OBTAINED FROM THE
MEDICAL MARIJUANA CENTER. A MEDICAL MARIJUANA-INFUSED PRODUCTS
LICENSEE SHALL NOT USE MEDICAL MARIJUANA FROM MORE THAN FIVE
DIFFERENT MEDICAL MARIJUANA CENTERS IN THE PRODUCTION OF ONE
MEDICAL MARIJUANA-INFUSED PRODUCT. THE MEDICAL
MARIJUANA-INFUSED PRODUCTS MANUFACTURING LICENSEE MAY SELL ITS
PRODUCTS TO ANY LICENSED MEDICAL MARIJUANA CENTER.
(4) ALL LICENSED PREMISES ON WHICH MEDICAL
MARIJUANA-INFUSED PRODUCTS ARE MANUFACTURED SHALL MEET THE
SANITARY STANDARDS FOR MEDICAL MARIJUANA-INFUSED PRODUCT
PREPARATION PROMULGATED PURSUANT TO SECTION 12-43.3-202 (2) (a)
(XII).
(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.
(6) MEDICAL MARIJUANA-INFUSED PRODUCTS MAY NOT BE
PAGE 31-HOUSE BILL 10-1284
CONSUMED ON A PREMISES LICENSED PURSUANT TO THIS ARTICLE.
(7) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW, SALES
OF MEDICAL MARIJUANA-INFUSED PRODUCTS SHALL NOT BE EXEMPT FROM
STATE OR LOCAL SALES TAX.
(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.
PART 5
FEES
12-43.3-501. Medical marijuana license cash fund. (1) ALL
MONEYS COLLECTED BY THE STATE LICENSING AUTHORITY PURSUANT TO
THIS ARTICLE SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO
SHALL CREDIT THE SAME TO THE MEDICAL MARIJUANA LICENSE CASH FUND,
WHICH FUND IS HEREBY CREATED AND REFERRED TO IN THIS SECTION AS THE
"FUND". THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY TO THE DEPARTMENT OF
REVENUE FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
IMPLEMENTING THIS ARTICLE. ANY MONEYS IN THE FUND NOT EXPENDED
FOR THE PURPOSE OF THIS ARTICLE MAY BE INVESTED BY THE STATE
TREASURER AS PROVIDED BY LAW. ALL INTEREST AND INCOME DERIVED
FROM THE INVESTMENT AND DEPOSIT OF MONEYS IN THE FUND SHALL BE
CREDITED TO THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEYS
REMAINING IN THE FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN
THE FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL
FUND OR ANOTHER FUND.
(2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY
RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF
ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24-75-402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS
PROVIDED IN SECTION 24-75-402 (4), C.R.S.
PAGE 32-HOUSE BILL 10-1284
(3) (a) THE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR
PROCESSING THE FOLLOWING TYPES OF APPLICATIONS, LICENSES, NOTICES,
OR REPORTS REQUIRED TO BE SUBMITTED TO THE STATE LICENSING
AUTHORITY:
(I) APPLICATIONS FOR LICENSES LISTED IN SECTION 12-43.3-401 AND
RULES PROMULGATED PURSUANT TO THAT SECTION;
(II) APPLICATIONS TO CHANGE LOCATION PURSUANT TO SECTION
12-43.3-310 AND RULES PROMULGATED PURSUANT TO THAT SECTION;
(III) APPLICATIONS FOR TRANSFER OF OWNERSHIP PURSUANT TO
SECTION 12-43.3-310 AND RULES PROMULGATED PURSUANT TO THAT
SECTION;
(IV) LICENSE RENEWAL AND EXPIRED LICENSE RENEWAL
APPLICATIONS PURSUANT TO SECTION 12-43.3-311; AND
(V) LICENSES AS LISTED IN SECTION 12-43.3-401.
(b) THE AMOUNTS OF SUCH FEES, WHEN ADDED TO THE OTHER FEES
TRANSFERRED TO THE FUND 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.
(c) THE STATE LICENSING AUTHORITY MAY CHARGE APPLICANTS
LICENSED UNDER THIS ARTICLE A FEE FOR THE COST OF EACH FINGERPRINT
ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN TO QUALIFY NEW
OFFICERS, DIRECTORS, MANAGERS, OR EMPLOYEES.
(d) AT LEAST ANNUALLY, THE STATE LICENSING AUTHORITY SHALL
REVIEW THE AMOUNTS OF THE FEES AND, IF NECESSARY, ADJUST THE
AMOUNTS TO REFLECT THE DIRECT AND INDIRECT COSTS OF THE STATE
LICENSING AUTHORITY.
(3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, THE
STATE LICENSING AUTHORITY SHALL ESTABLISH A BASIC FEE THAT SHALL BE
PAGE 33-HOUSE BILL 10-1284
PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE LICENSING
AUTHORITY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT THE RATE
PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION 24-9-104,
C.R.S., FOR EACH MILE ACTUALLY AND NECESSARILY TRAVELED IN GOING
TO AND RETURNING FROM THE PLACE NAMED IN THE SUBPOENA. IF THE
PERSON NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE
NAMED IN THE SUBPOENA FOR MORE THAN ONE DAY, THERE SHALL BE PAID,
IN ADVANCE, A SUM TO BE ESTABLISHED BY THE STATE LICENSING
AUTHORITY FOR EACH DAY OF ATTENDANCE TO COVER THE EXPENSES OF THE
PERSON NAMED IN THE SUBPOENA.
(4) THE SUBPOENA FEE ESTABLISHED PURSUANT TO SUBSECTION (3)
OF THIS SECTION SHALL NOT BE APPLICABLE TO ANY FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY.
12-43.3-502. Fees - allocation. (1) EXCEPT AS OTHERWISE
PROVIDED, ALL FEES AND FINES PROVIDED FOR BY THIS ARTICLE SHALL BE
PAID TO THE DEPARTMENT OF REVENUE, WHICH SHALL TRANSMIT THE FEES
TO THE STATE TREASURER. THE STATE TREASURER SHALL CREDIT THE FEES
TO THE MEDICAL MARIJUANA LICENSE CASH FUND CREATED IN SECTION
12-43.3-501.
(2) THE EXPENDITURES OF THE STATE LICENSING AUTHORITY SHALL
BE PAID OUT OF APPROPRIATIONS FROM MEDICAL MARIJUANA LICENSE CASH
FUND CREATED IN SECTION 12-43.3-501.
12-43.3-503. Local license fees. (1) EACH APPLICATION FOR A
LOCAL LICENSE PROVIDED FOR IN THIS ARTICLE FILED WITH A LOCAL
LICENSING AUTHORITY SHALL BE ACCOMPANIED BY AN APPLICATION FEE IN
AN AMOUNT DETERMINED BY THE LOCAL LICENSING AUTHORITY.
(2) LICENSE FEES AS DETERMINED BY THE LOCAL LICENSING
AUTHORITY SHALL BE PAID TO THE TREASURER OF THE MUNICIPALITY, CITY
AND COUNTY, OR COUNTY WHERE THE LICENSED PREMISES IS LOCATED IN
ADVANCE OF THE APPROVAL, DENIAL, OR RENEWAL OF THE LICENSE.
PART 6
DISCIPLINARY ACTIONS
12-43.3-601. Suspension - revocation - fines. (1) IN ADDITION TO
PAGE 34-HOUSE BILL 10-1284
ANY OTHER SANCTIONS PRESCRIBED BY THIS ARTICLE OR RULES
PROMULGATED PURSUANT TO THIS ARTICLE, THE STATE LICENSING
AUTHORITY OR A LOCAL LICENSING AUTHORITY HAS THE POWER, ON ITS OWN
MOTION OR ON COMPLAINT, AFTER INVESTIGATION AND OPPORTUNITY FOR
A PUBLIC HEARING AT WHICH THE LICENSEE SHALL BE AFFORDED AN
OPPORTUNITY TO BE HEARD, TO SUSPEND OR REVOKE A LICENSE ISSUED BY
THE RESPECTIVE AUTHORITY FOR A VIOLATION BY THE LICENSEE OR BY ANY
OF THE AGENTS OR EMPLOYEES OF THE LICENSEE OF THE PROVISIONS OF THIS
ARTICLE, OR ANY OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE,
OR OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE
ISSUED BY THE STATE OR LOCAL LICENSING AUTHORITY. THE STATE
LICENSING AUTHORITY OR A LOCAL LICENSING AUTHORITY HAS THE POWER
TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF
PERSONS AND THE PRODUCTION OF PAPERS, BOOKS, AND RECORDS
NECESSARY TO THE DETERMINATION OF A HEARING THAT THE STATE OR
LOCAL LICENSING AUTHORITY IS AUTHORIZED TO CONDUCT.
(2) THE STATE OR LOCAL LICENSING AUTHORITY SHALL PROVIDE
NOTICE OF SUSPENSION, REVOCATION, FINE, OR OTHER SANCTION, AS WELL
AS THE REQUIRED NOTICE OF THE HEARING PURSUANT TO SUBSECTION (1) OF
THIS SECTION, BY MAILING THE SAME IN WRITING TO THE LICENSEE AT THE
ADDRESS CONTAINED IN THE LICENSE. EXCEPT IN THE CASE OF A SUMMARY
SUSPENSION, A SUSPENSION SHALL NOT BE FOR A LONGER PERIOD THAN SIX
MONTHS. IF A LICENSE IS SUSPENDED OR REVOKED, A PART OF THE FEES PAID
THEREFORE SHALL NOT BE RETURNED TO THE LICENSEE. ANY LICENSE OR
PERMIT MAY BE SUMMARILY SUSPENDED BY THE ISSUING LICENSING
AUTHORITY WITHOUT NOTICE PENDING ANY PROSECUTION, INVESTIGATION,
OR PUBLIC HEARING PURSUANT TO THE TERMS OF SECTION 24-4-104 (4),
C.R.S. NOTHING IN THIS SECTION SHALL PREVENT THE SUMMARY
SUSPENSION OF A LICENSE PURSUANT TO SECTION 24-4-104 (4), C.R.S. EACH
PATIENT REGISTERED WITH A MEDICAL MARIJUANA CENTER THAT HAS HAD
ITS LICENSE SUMMARILY SUSPENDED MAY IMMEDIATELY TRANSFER HIS OR
HER PRIMARY CENTER TO ANOTHER LICENSED MEDICAL MARIJUANA CENTER.
(3) (a) WHENEVER A DECISION OF THE STATE LICENSING AUTHORITY
OR A LOCAL LICENSING AUTHORITY SUSPENDING A LICENSE FOR FOURTEEN
DAYS OR LESS BECOMES FINAL, THE LICENSEE MAY, BEFORE THE OPERATIVE
DATE OF THE SUSPENSION, PETITION FOR PERMISSION TO PAY A FINE IN LIEU
OF HAVING THE LICENSE SUSPENDED FOR ALL OR PART OF THE SUSPENSION
PERIOD. UPON THE RECEIPT OF THE PETITION, THE STATE OR LOCAL
PAGE 35-HOUSE BILL 10-1284
LICENSING AUTHORITY MAY, IN ITS SOLE DISCRETION, STAY THE PROPOSED
SUSPENSION AND CAUSE ANY INVESTIGATION TO BE MADE WHICH IT DEEMS
DESIRABLE AND MAY, IN ITS SOLE DISCRETION, GRANT THE PETITION IF THE
STATE OR LOCAL LICENSING AUTHORITY IS SATISFIED THAT:
(I) THE PUBLIC WELFARE AND MORALS WOULD NOT BE IMPAIRED BY
PERMITTING THE LICENSEE TO OPERATE DURING THE PERIOD SET FOR
SUSPENSION AND THAT THE PAYMENT OF THE FINE WILL ACHIEVE THE
DESIRED DISCIPLINARY PURPOSES;
(II) THE BOOKS AND RECORDS OF THE LICENSEE ARE KEPT IN SUCH
A MANNER THAT THE LOSS OF SALES THAT THE LICENSEE WOULD HAVE
SUFFERED HAD THE SUSPENSION GONE INTO EFFECT CAN BE DETERMINED
WITH REASONABLE ACCURACY; AND
(III) THE LICENSEE HAS NOT HAD HIS OR HER LICENSE SUSPENDED OR
REVOKED, NOR HAD ANY SUSPENSION STAYED BY PAYMENT OF A FINE,
DURING THE TWO YEARS IMMEDIATELY PRECEDING THE DATE OF THE MOTION
OR COMPLAINT THAT RESULTED IN A FINAL DECISION TO SUSPEND THE
LICENSE OR PERMIT.
(b) THE FINE ACCEPTED SHALL BE NOT LESS THAN FIVE HUNDRED
DOLLARS NOR MORE THAN ONE HUNDRED THOUSAND DOLLARS.
(c) PAYMENT OF A FINE PURSUANT TO THE PROVISIONS OF THIS
SUBSECTION (3) SHALL BE IN THE FORM OF CASH OR IN THE FORM OF A
CERTIFIED CHECK OR CASHIER'S CHECK MADE PAYABLE TO THE STATE OR
LOCAL LICENSING AUTHORITY, WHICHEVER IS APPROPRIATE.
(4) UPON PAYMENT OF THE FINE PURSUANT TO SUBSECTION (3) OF
THIS SECTION, THE STATE OR LOCAL LICENSING AUTHORITY SHALL ENTER ITS
FURTHER ORDER PERMANENTLY STAYING THE IMPOSITION OF THE
SUSPENSION. IF THE FINE IS PAID TO A LOCAL LICENSING AUTHORITY, THE
GOVERNING BODY OF THE AUTHORITY SHALL CAUSE THE MONEYS TO BE PAID
INTO THE GENERAL FUND OF THE LOCAL LICENSING AUTHORITY. FINES PAID
TO THE STATE LICENSING AUTHORITY PURSUANT TO SUBSECTION (3) OF THIS
SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL
CREDIT THE SAME TO THE MEDICAL MARIJUANA LICENSE CASH FUND
CREATED IN SECTION 12-43.3-501.
PAGE 36-HOUSE BILL 10-1284
(5) IN CONNECTION WITH A PETITION PURSUANT TO SUBSECTION (3)
OF THIS SECTION, THE AUTHORITY OF THE STATE OR LOCAL LICENSING
AUTHORITY IS LIMITED TO THE GRANTING OF SUCH STAYS AS ARE NECESSARY
FOR THE AUTHORITY TO COMPLETE ITS INVESTIGATION AND MAKE ITS
FINDINGS AND, IF THE AUTHORITY MAKES SUCH FINDINGS, TO THE GRANTING
OF AN ORDER PERMANENTLY STAYING THE IMPOSITION OF THE ENTIRE
SUSPENSION OR THAT PORTION OF THE SUSPENSION NOT OTHERWISE
CONDITIONALLY STAYED.
(6) IF THE STATE OR LOCAL LICENSING AUTHORITY DOES NOT MAKE
THE FINDINGS REQUIRED IN PARAGRAPH (a) OF SUBSECTION (3) OF THIS
SECTION AND DOES NOT ORDER THE SUSPENSION PERMANENTLY STAYED, THE
SUSPENSION SHALL GO INTO EFFECT ON THE OPERATIVE DATE FINALLY SET
BY THE STATE OR LOCAL LICENSING AUTHORITY.
(7) EACH LOCAL LICENSING AUTHORITY SHALL REPORT ALL ACTIONS
TAKEN TO IMPOSE FINES, SUSPENSIONS, AND REVOCATIONS TO THE STATE
LICENSING AUTHORITY IN A MANNER REQUIRED BY THE STATE LICENSING
AUTHORITY. NO LATER THAN JANUARY 15 OF EACH YEAR, THE STATE
LICENSING AUTHORITY SHALL COMPILE A REPORT OF THE PRECEDING YEAR'S
ACTIONS IN WHICH FINES, SUSPENSIONS, OR REVOCATIONS WERE IMPOSED BY
LOCAL LICENSING AUTHORITIES AND BY THE STATE LICENSING AUTHORITY.
THE STATE LICENSING AUTHORITY SHALL FILE ONE COPY OF THE REPORT
WITH THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, ONE COPY WITH
THE SECRETARY OF THE SENATE, AND SIX COPIES IN THE JOINT LEGISLATIVE
LIBRARY.
PART 7
INSPECTION OF BOOKS AND RECORDS
12-43.3-701. Inspection procedures. (1) EACH LICENSEE SHALL
KEEP A COMPLETE SET OF ALL RECORDS NECESSARY TO SHOW FULLY THE
BUSINESS TRANSACTIONS OF THE LICENSEE, ALL OF WHICH SHALL BE OPEN
AT ALL TIMES DURING BUSINESS HOURS FOR THE INSPECTION AND
EXAMINATION OF THE STATE LICENSING AUTHORITY OR ITS DULY
AUTHORIZED REPRESENTATIVES. THE STATE LICENSING AUTHORITY MAY
REQUIRE ANY LICENSEE TO FURNISH SUCH INFORMATION AS IT CONSIDERS
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS ARTICLE AND MAY
REQUIRE AN AUDIT TO BE MADE OF THE BOOKS OF ACCOUNT AND RECORDS
ON SUCH OCCASIONS AS IT MAY CONSIDER NECESSARY BY AN AUDITOR TO BE
PAGE 37-HOUSE BILL 10-1284
SELECTED BY THE STATE LICENSING AUTHORITY WHO SHALL LIKEWISE HAVE
ACCESS TO ALL BOOKS AND RECORDS OF THE LICENSEE, AND THE EXPENSE
THEREOF SHALL BE PAID BY THE LICENSEE.
(2) THE LICENSED PREMISES, INCLUDING ANY PLACES OF STORAGE
WHERE MEDICAL MARIJUANA IS GROWN, STORED, CULTIVATED, SOLD, OR
DISPENSED, SHALL BE SUBJECT TO INSPECTION BY THE STATE OR LOCAL
LICENSING AUTHORITIES AND THEIR INVESTIGATORS, DURING ALL BUSINESS
HOURS AND OTHER TIMES OF APPARENT ACTIVITY, FOR THE PURPOSE OF
INSPECTION OR INVESTIGATION. FOR EXAMINATION OF ANY INVENTORY OR
BOOKS AND RECORDS REQUIRED TO BE KEPT BY THE LICENSEES, ACCESS
SHALL BE REQUIRED DURING BUSINESS HOURS. WHERE ANY PART OF THE
LICENSED PREMISES CONSISTS OF A LOCKED AREA, UPON DEMAND TO THE
LICENSEE, SUCH AREA SHALL BE MADE AVAILABLE FOR INSPECTION WITHOUT
DELAY, AND, UPON REQUEST BY AUTHORIZED REPRESENTATIVES OF THE
STATE OR LOCAL LICENSING AUTHORITY, THE LICENSEE SHALL OPEN THE
AREA FOR INSPECTION.
(3) EACH LICENSEE SHALL RETAIN ALL BOOKS AND RECORDS
NECESSARY TO SHOW FULLY THE BUSINESS TRANSACTIONS OF THE LICENSEE
FOR A PERIOD OF THE CURRENT TAX YEAR AND THE THREE IMMEDIATELY
PRIOR TAX YEARS.
PART 8
JUDICIAL REVIEW
12-43.3-801. Judicial review. DECISIONS BY THE STATE LICENSING
AUTHORITY OR A LOCAL LICENSING AUTHORITY SHALL BE SUBJECT TO
JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106, C.R.S.
PART 9
UNLAWFUL ACTS - ENFORCEMENT
12-43.3-901. Unlawful acts - exceptions. (1) EXCEPT AS
OTHERWISE PROVIDED IN THIS ARTICLE, IT IS UNLAWFUL FOR A PERSON:
(a) TO CONSUME MEDICAL MARIJUANA IN A LICENSED MEDICAL
MARIJUANA CENTER, AND IT SHALL BE UNLAWFUL FOR A MEDICAL
MARIJUANA LICENSEE TO ALLOW MEDICAL MARIJUANA TO BE CONSUMED
UPON ITS LICENSED PREMISES;
PAGE 38-HOUSE BILL 10-1284
(b) WITH KNOWLEDGE, TO PERMIT OR FAIL TO PREVENT THE USE OF
HIS OR HER REGISTRY IDENTIFICATION BY ANY OTHER PERSON FOR THE
UNLAWFUL PURCHASING OF MEDICAL MARIJUANA; OR
(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).
(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).
(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.
(3) IT IS UNLAWFUL FOR A PERSON LICENSED PURSUANT TO THIS
ARTICLE:
(a) TO BE WITHIN A LIMITED-ACCESS AREA UNLESS THE PERSON'S
LICENSE BADGE IS DISPLAYED AS REQUIRED BY THIS ARTICLE, EXCEPT AS
PROVIDED IN SECTION 12-43.3-701;
(b) TO FAIL TO DESIGNATE AREAS OF INGRESS AND EGRESS FOR
LIMITED-ACCESS AREAS AND POST SIGNS IN CONSPICUOUS LOCATIONS AS
REQUIRED BY THIS ARTICLE;
(c) TO FAIL TO REPORT A TRANSFER REQUIRED BY SECTION
12-43.3-310 (11); OR
(d) TO FAIL TO REPORT THE NAME OF OR A CHANGE IN MANAGERS AS
REQUIRED BY SECTION 12-43.3-310 (12).
(4) IT IS UNLAWFUL FOR ANY PERSON LICENSED TO SELL MEDICAL
MARIJUANA PURSUANT TO THIS ARTICLE:
(a) TO DISPLAY ANY SIGNS THAT ARE INCONSISTENT WITH LOCAL
LAWS OR REGULATIONS;
PAGE 39-HOUSE BILL 10-1284
(b) TO USE ADVERTISING MATERIAL THAT IS MISLEADING,
DECEPTIVE, OR FALSE, OR THAT IS DESIGNED TO APPEAL TO MINORS;
(c) TO PROVIDE PUBLIC PREMISES, OR ANY PORTION THEREOF, FOR
THE PURPOSE OF CONSUMPTION OF MEDICAL MARIJUANA IN ANY FORM;
(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. 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.
(II) IF A LICENSEE OR A LICENSEE'S EMPLOYEE HAS REASONABLE
CAUSE TO BELIEVE THAT A PERSON IS EXHIBITING A FRAUDULENT PATIENT
REGISTRY IDENTIFICATION CARD IN AN ATTEMPT TO OBTAIN MEDICAL
MARIJUANA, THE LICENSEE OR EMPLOYEE SHALL BE AUTHORIZED TO
CONFISCATE THE FRAUDULENT PATIENT REGISTRY IDENTIFICATION CARD, IF
POSSIBLE, AND SHALL, WITHIN SEVENTY-TWO HOURS AFTER THE
CONFISCATION, TURN IT OVER TO THE STATE HEALTH DEPARTMENT OR LOCAL
LAW ENFORCEMENT AGENCY. THE FAILURE TO CONFISCATE THE
FRAUDULENT PATIENT REGISTRY IDENTIFICATION CARD 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.
(e) TO POSSESS MORE THAN SIX MEDICAL MARIJUANA PLANTS AND
TWO OUNCES OF MEDICAL MARIJUANA FOR EACH PATIENT WHO HAS
REGISTERED THE CENTER AS HIS OR HER PRIMARY CENTER PURSUANT TO
SECTION 25-1.5-106 (6) (f), C.R.S.; EXCEPT THAT A MEDICAL MARIJUANA
CENTER MAY HAVE AN AMOUNT THAT EXCEEDS THE SIX-PLANT AND
TWO-OUNCE PRODUCT PER PATIENT LIMIT IF THE CENTER SELLS TO PATIENTS
THAT ARE AUTHORIZED TO HAVE MORE THAN SIX PLANTS AND TWO OUNCES
OF PRODUCT. IN THE CASE OF A PATIENT AUTHORIZED TO EXCEED THE
SIX-PLANT AND TWO-OUNCE LIMIT, THE CENTER SHALL OBTAIN
DOCUMENTATION FROM THE PATIENT'S PHYSICIAN THAT THE PATIENT NEEDS
MORE THAN SIX PLANTS AND TWO OUNCES OF PRODUCT.
PAGE 40-HOUSE BILL 10-1284
(f) TO OFFER FOR SALE OR SOLICIT AN ORDER FOR MEDICAL
MARIJUANA IN PERSON EXCEPT WITHIN THE LICENSED PREMISES;
(g) TO HAVE IN POSSESSION OR UPON THE LICENSED PREMISES ANY
MEDICAL MARIJUANA, THE SALE OF WHICH IS NOT PERMITTED BY THE
LICENSE;
(h) TO BUY MEDICAL MARIJUANA FROM A PERSON NOT LICENSED TO
SELL AS PROVIDED BY THIS ARTICLE;
(i) TO SELL MEDICAL MARIJUANA EXCEPT IN THE PERMANENT
LOCATION SPECIFICALLY DESIGNATED IN THE LICENSE FOR SALE;
(j) TO HAVE ON THE LICENSED PREMISES ANY MEDICAL MARIJUANA
OR MARIJUANA PARAPHERNALIA THAT SHOWS EVIDENCE OF THE MEDICAL
MARIJUANA HAVING BEEN CONSUMED OR PARTIALLY CONSUMED;
(k) TO REQUIRE A MEDICAL MARIJUANA CENTER OR MEDICAL
MARIJUANA CENTER WITH AN OPTIONAL PREMISES CULTIVATION LICENSE TO
MAKE DELIVERY TO ANY PREMISES OTHER THAN THE SPECIFIC LICENSED
PREMISES WHERE THE MEDICAL MARIJUANA IS TO BE SOLD; OR
(l) TO SELL, SERVE, OR DISTRIBUTE MEDICAL MARIJUANA AT ANY
TIME OTHER THAN BETWEEN THE HOURS OF 8:00 A.M. AND 7:00 P.M.
MONDAY THROUGH SUNDAY.
(m) TO VIOLATE THE PROVISIONS OF SECTION 6-2-103 OR 6-2-105,
C.R.S.
(5) EXCEPT AS PROVIDED IN SECTIONS 12-43.3-402 (4), 12-43.3-403,
AND 12-43.3-404, IT IS UNLAWFUL FOR A MEDICAL MARIJUANA CENTER,
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING OPERATION
WITH AN OPTIONAL PREMISES CULTIVATION LICENSE, OR MEDICAL
MARIJUANA CENTER WITH AN OPTIONAL PREMISES CULTIVATION LICENSE TO
SELL, DELIVER, OR CAUSE TO BE DELIVERED TO A LICENSEE ANY MEDICAL
MARIJUANA NOT GROWN UPON ITS LICENSED PREMISES, OR FOR A LICENSEE
OR MEDICAL MARIJUANA CENTER WITH AN OPTIONAL PREMISES CULTIVATION
LICENSE OR MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING
OPERATION WITH AN OPTIONAL PREMISES CULTIVATION LICENSE TO SELL,
POSSESS, OR PERMIT SALE OF MEDICAL MARIJUANA NOT GROWN UPON ITS
PAGE 41-HOUSE BILL 10-1284
LICENSED PREMISES. A VIOLATION OF THE PROVISIONS OF THIS SUBSECTION
(5) BY A LICENSEE SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF
THE LICENSE GRANTED UNDER THIS ARTICLE.
(6) IT SHALL BE UNLAWFUL FOR A PHYSICIAN WHO MAKES PATIENT
REFERRALS TO A LICENSED MEDICAL MARIJUANA CENTER TO RECEIVE
ANYTHING OF VALUE FROM THE MEDICAL MARIJUANA CENTER LICENSEE OR
ITS AGENTS, SERVANTS, OFFICERS, OR OWNERS OR ANYONE FINANCIALLY
INTERESTED IN THE LICENSEE, AND IT SHALL BE UNLAWFUL FOR A LICENSEE
LICENSED PURSUANT TO THIS ARTICLE TO OFFER ANYTHING OF VALUE TO A
PHYSICIAN FOR MAKING PATIENT REFERRALS TO THE LICENSED MEDICAL
MARIJUANA CENTER.
(7) A PERSON WHO COMMITS ANY ACTS THAT ARE UNLAWFUL
PURSUANT TO THIS SECTION 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.
PART 10
SUNSET REVIEW
12-43.3-1001. Sunset review - article repeal. (1) THIS ARTICLE
IS REPEALED, EFFECTIVE JULY 1, 2015.
(2) PRIOR TO THE REPEAL OF THIS ARTICLE, THE DEPARTMENT OF
REGULATORY AGENCIES SHALL CONDUCT A SUNSET REVIEW AS DESCRIBED
IN SECTION 24-34-104 (8), C.R.S.
SECTION 2. 25-1.5-106, Colorado Revised Statutes, is amended
to read:
25-1.5-106. Medical marijuana program - powers and duties of
the state health agency - repeal. (1) Legislative declaration. (a) THE
GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS NECESSARY TO
IMPLEMENT RULES TO ENSURE THAT PATIENTS SUFFERING FROM LEGITIMATE
DEBILITATING MEDICAL CONDITIONS ARE ABLE TO SAFELY GAIN ACCESS TO
MEDICAL MARIJUANA AND TO ENSURE THAT THESE PATIENTS:
PAGE 42-HOUSE BILL 10-1284
(I) ARE NOT SUBJECT TO CRIMINAL PROSECUTION FOR THEIR USE OF
MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF ARTICLE XVIII
OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES OF THE STATE
HEALTH AGENCY; AND
(II) ARE ABLE TO ESTABLISH AN AFFIRMATIVE DEFENSE TO THEIR USE
OF MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF ARTICLE
XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES OF THE
STATE HEALTH AGENCY.
(b) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS
NECESSARY TO IMPLEMENT RULES TO PREVENT PERSONS WHO DO NOT
SUFFER FROM LEGITIMATE DEBILITATING MEDICAL CONDITIONS FROM USING
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION AS A MEANS TO
SELL, ACQUIRE, POSSESS, PRODUCE, USE, OR TRANSPORT MARIJUANA IN
VIOLATION OF STATE AND FEDERAL LAWS.
(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, "PRIMARY
CAREGIVER" MEANS A NATURAL PERSON, OTHER THAN THE PATIENT OR 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.
(1) (3) Rule-making. (a) 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) (I) The establishment and maintenance of a confidential registry
of patients who have applied for and are entitled to receive a registry
identification card;
(b) (II) 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;
PAGE 43-HOUSE BILL 10-1284
(c) (III) The verification by the department of medical information
concerning patients who have applied for a confidential registry card;
(d) (IV) The issuance and form of confidential registry identification
cards;
(e) (V) 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) (VI) 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; AND
(VII) A WAIVER PROCESS TO ALLOW A HOMEBOUND PATIENT WHO IS
ON THE REGISTRY TO HAVE A PRIMARY CAREGIVER TRANSPORT THE
PATIENT'S MEDICAL MARIJUANA FROM A LICENSED MEDICAL MARIJUANA
CENTER TO THE PATIENT.
(b) THE STATE HEALTH AGENCY MAY PROMULGATE RULES
REGARDING THE FOLLOWING:
(I) WHAT CONSTITUTES "SIGNIFICANT RESPONSIBILITY FOR
MANAGING THE WELL-BEING OF A PATIENT"; EXCEPT THAT THE ACT OF
SUPPLYING MEDICAL MARIJUANA OR MARIJUANA PARAPHERNALIA, BY
ITSELF, IS INSUFFICIENT TO CONSTITUTE "SIGNIFICANT RESPONSIBILITY FOR
MANAGING THE WELL-BEING OF A PATIENT";
(II) THE DEVELOPMENT OF A FORM FOR A PRIMARY CAREGIVER TO
USE IN APPLYING TO THE REGISTRY, WHICH FORM SHALL REQUIRE, AT A
MINIMUM, THAT THE APPLICANT PROVIDE HIS OR HER FULL NAME, HOME
ADDRESS, DATE OF BIRTH, AND AN ATTESTATION THAT THE APPLICANT HAS
A SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF THE
PATIENT FOR WHOM HE OR SHE IS DESIGNATED AS THE PRIMARY CAREGIVER
AND THAT HE OR SHE UNDERSTANDS AND WILL ABIDE BY SECTION 14 OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES
PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS SECTION;
PAGE 44-HOUSE BILL 10-1284
(III) THE DEVELOPMENT 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; AND
(IV) THE GROUNDS AND PROCEDURE FOR A PATIENT TO CHANGE HIS
OR HER DESIGNATED PRIMARY CAREGIVER.
(c) (I) THE STATE HEALTH AGENCY SHALL CONDUCT A PUBLIC
REVIEW HEARING WITH THE DEPARTMENT OF REVENUE BY SEPTEMBER 1,
2010, TO RECEIVE PUBLIC INPUT ON ANY EMERGENCY RULES ADOPTED BY
THE STATE HEALTH AGENCY AND BE PROVIDED WITH AN UPDATE FROM THE
INDUSTRY, CAREGIVERS, PATIENTS, AND OTHER STAKEHOLDERS REGARDING
THE INDUSTRY'S CURRENT STATUS. THE STATE HEALTH AGENCY SHALL
PROVIDE AT LEAST FIVE BUSINESS DAYS' NOTICE PRIOR TO THE HEARING.
(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2011.
(4) NOTWITHSTANDING ANY OTHER REQUIREMENTS TO THE
CONTRARY, NOTICE ISSUED BY THE STATE HEALTH AGENCY FOR A
RULEMAKING HEARING PURSUANT TO SECTION 24-4-103, C.R.S., FOR RULES
CONCERNING THE MEDICAL MARIJUANA PROGRAM SHALL BE SUFFICIENT IF
THE STATE HEALTH AGENCY PROVIDES THE NOTICE NO LATER THAN
FORTY-FIVE DAYS IN ADVANCE OF THE RULEMAKING HEARING IN AT LEAST
ONE PUBLICATION IN A NEWSPAPER OF GENERAL DISTRIBUTION IN THE STATE
AND POSTS THE NOTICE ON THE STATE HEALTH AGENCY'S WEB SITE; EXCEPT
THAT EMERGENCY RULES PURSUANT TO SECTION 24-4-103 (6), C.R.S., SHALL
NOT REQUIRE ADVANCE NOTICE.
(5) Primary caregivers. (a) A PRIMARY CAREGIVER MAY NOT
DELEGATE TO ANY OTHER PERSON HIS OR HER AUTHORITY TO PROVIDE
MEDICAL MARIJUANA TO A PATIENT NOR MAY A PRIMARY CAREGIVER
ENGAGE OTHERS TO ASSIST IN PROVIDING MEDICAL MARIJUANA TO A
PATIENT.
(b) TWO OR MORE PRIMARY CAREGIVERS SHALL NOT JOIN TOGETHER
FOR THE PURPOSE OF CULTIVATING MEDICAL MARIJUANA.
(c) ONLY A MEDICAL MARIJUANA CENTER WITH AN OPTIONAL
PREMISES CULTIVATION LICENSE, A MEDICAL MARIJUANA-INFUSED
PAGE 45-HOUSE BILL 10-1284
PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES
CULTIVATION LICENSE, OR A PRIMARY CAREGIVER FOR HIS OR HER PATIENTS
OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR PROVIDE
MARIJUANA AND ONLY FOR MEDICAL USE.
(d) A PRIMARY CAREGIVER SHALL PROVIDE TO A LAW ENFORCEMENT
AGENCY, UPON INQUIRY, THE REGISTRY IDENTIFICATION CARD NUMBER OF
EACH OF HIS OR HER PATIENTS. THE STATE HEALTH AGENCY SHALL
MAINTAIN A REGISTRY OF THIS INFORMATION AND MAKE IT AVAILABLE
TWENTY-FOUR HOURS PER DAY AND SEVEN DAYS A WEEK TO LAW
ENFORCEMENT FOR VERIFICATION PURPOSES. UPON INQUIRY BY A LAW
ENFORCEMENT OFFICER AS TO AN INDIVIDUAL'S STATUS AS A PATIENT OR
PRIMARY CAREGIVER, THE STATE HEALTH AGENCY SHALL CHECK THE
REGISTRY. IF THE INDIVIDUAL IS NOT REGISTERED AS A PATIENT OR PRIMARY
CAREGIVER, THE STATE HEALTH AGENCY MAY PROVIDE THAT RESPONSE TO
LAW ENFORCEMENT. IF THE PERSON IS A REGISTERED PATIENT OR PRIMARY
CAREGIVER, THE STATE HEALTH AGENCY MAY NOT RELEASE INFORMATION
UNLESS CONSISTENT WITH SECTION 14 OF ARTICLE XVIII OF THE STATE
CONSTITUTION. THE STATE HEALTH AGENCY MAY PROMULGATE RULES TO
PROVIDE FOR THE EFFICIENT ADMINISTRATION OF THIS PARAGRAPH (d).
(6) Patient - primary caregiver relationship. (a) A PERSON SHALL
BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE PATIENTS ON
THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN TIME; EXCEPT
THAT THE STATE HEALTH AGENCY MAY ALLOW A PRIMARY CAREGIVER TO
SERVE MORE THAN FIVE PATIENTS IN EXCEPTIONAL CIRCUMSTANCES. IN
DETERMINING WHETHER EXCEPTIONAL CIRCUMSTANCES EXIST, THE STATE
HEALTH AGENCY MAY CONSIDER THE PROXIMITY OF MEDICAL MARIJUANA
CENTERS TO THE PATIENT. A PRIMARY CAREGIVER SHALL MAINTAIN A LIST
OF HIS OR HER PATIENTS INCLUDING THE REGISTRY IDENTIFICATION CARD
NUMBER OF EACH PATIENT AT ALL TIMES.
(b) A PATIENT SHALL HAVE ONLY ONE PRIMARY CAREGIVER AT ANY
GIVEN TIME.
(c) A PATIENT WHO HAS DESIGNATED A PRIMARY CAREGIVER FOR
HIMSELF OR HERSELF MAY NOT BE DESIGNATED AS A PRIMARY CAREGIVER
FOR ANOTHER PATIENT.
(d) A PRIMARY CAREGIVER MAY NOT CHARGE A PATIENT MORE THAN
PAGE 46-HOUSE BILL 10-1284
THE COST OF CULTIVATING OR PURCHASING THE MEDICAL MARIJUANA, BUT
MAY CHARGE FOR CAREGIVER SERVICES.
(e) (I) THE STATE HEALTH AGENCY SHALL MAINTAIN A SECURE AND
CONFIDENTIAL REGISTRY OF AVAILABLE PRIMARY CAREGIVERS FOR THOSE
PATIENTS WHO ARE UNABLE TO SECURE THE SERVICES OF A PRIMARY
CAREGIVER.
(II) AN EXISTING PRIMARY CAREGIVER MAY INDICATE AT THE TIME
OF REGISTRATION WHETHER HE OR SHE WOULD BE WILLING TO HANDLE
ADDITIONAL PATIENTS AND WAIVE CONFIDENTIALITY TO ALLOW RELEASE OF
HIS OR HER CONTACT INFORMATION TO PHYSICIANS OR REGISTERED PATIENTS
ONLY.
(III) AN INDIVIDUAL WHO IS NOT REGISTERED BUT IS WILLING TO
PROVIDE PRIMARY CAREGIVING SERVICES MAY SUBMIT HIS OR HER CONTACT
INFORMATION TO BE PLACED ON THE PRIMARY CAREGIVER REGISTRY.
(IV) A PATIENT-PRIMARY CAREGIVER ARRANGEMENT SECURED
PURSUANT TO THIS PARAGRAPH (e) SHALL BE STRICTLY BETWEEN THE
PATIENT AND THE POTENTIAL PRIMARY CAREGIVER. THE STATE HEALTH
AGENCY, BY PROVIDING THE INFORMATION REQUIRED BY THIS PARAGRAPH
(e), SHALL NOT ENDORSE OR VOUCH FOR A PRIMARY CAREGIVER.
(V) THE STATE HEALTH AGENCY MAY MAKE AN EXCEPTION, BASED
ON A REQUEST FROM A PATIENT, TO PARAGRAPH (a) OF THIS SUBSECTION (6)
LIMITING PRIMARY CAREGIVERS TO FIVE PATIENTS. IF THE STATE HEALTH
AGENCY MAKES AN EXCEPTION TO THE LIMIT, THE STATE HEALTH AGENCY
SHALL NOTE THE EXCEPTION ON THE PRIMARY CAREGIVER'S RECORD IN THE
REGISTRY.
(f) AT THE TIME A PATIENT APPLIES FOR INCLUSION ON THE
CONFIDENTIAL REGISTRY, THE PATIENT SHALL INDICATE WHETHER THE
PATIENT INTENDS TO CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA,
BOTH CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA AND OBTAIN IT
FROM EITHER A PRIMARY CAREGIVER OR LICENSED MEDICAL MARIJUANA
CENTER, OR INTENDS TO OBTAIN IT FROM EITHER A PRIMARY CAREGIVER OR
A LICENSED MEDICAL MARIJUANA CENTER. IF THE PATIENT ELECTS TO USE
A LICENSED MEDICAL MARIJUANA CENTER, THE PATIENT SHALL REGISTER
THE PRIMARY CENTER HE OR SHE INTENDS TO USE.
PAGE 47-HOUSE BILL 10-1284
(7) Registry identification card required - denial - revocation -
renewal. (a) TO BE CONSIDERED IN COMPLIANCE WITH THE PROVISIONS OF
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION,
AND THE RULES OF THE STATE HEALTH AGENCY, A PATIENT OR PRIMARY
CAREGIVER SHALL HAVE HIS OR HER REGISTRY IDENTIFICATION CARD IN HIS
OR HER POSSESSION AT ALL TIMES THAT HE OR SHE IS IN POSSESSION OF ANY
FORM OF MEDICAL MARIJUANA AND PRODUCE THE SAME UPON REQUEST OF
A LAW ENFORCEMENT OFFICER TO DEMONSTRATE THAT THE PATIENT OR
PRIMARY CAREGIVER IS NOT IN VIOLATION OF THE LAW; EXCEPT THAT, IF
MORE THAN THIRTY-FIVE DAYS HAVE PASSED SINCE THE DATE THE PATIENT
OR PRIMARY CAREGIVER FILED HIS OR HER MEDICAL MARIJUANA PROGRAM
APPLICATION AND THE STATE HEALTH AGENCY HAS NOT YET ISSUED OR
DENIED A REGISTRY IDENTIFICATION CARD, A COPY OF THE PATIENT'S OR
PRIMARY CAREGIVER'S APPLICATION ALONG WITH PROOF OF THE DATE OF
SUBMISSION SHALL BE IN THE PATIENT'S OR PRIMARY CAREGIVER'S
POSSESSION AT ALL TIMES THAT HE OR SHE IS IN POSSESSION OF ANY FORM
OF MEDICAL MARIJUANA UNTIL THE STATE HEALTH AGENCY ISSUES OR
DENIES THE REGISTRY IDENTIFICATION CARD. A PERSON WHO VIOLATES
SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION,
OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY MAY BE
SUBJECT TO CRIMINAL PROSECUTION FOR VIOLATIONS OF SECTION 18-18-406,
C.R.S.
(b) THE STATE HEALTH AGENCY MAY DENY A PATIENT'S OR PRIMARY
CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR
REVOKE THE CARD IF THE STATE HEALTH AGENCY, IN ACCORDANCE WITH
ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE PHYSICIAN WHO
DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL CONDITION, THE PATIENT,
OR THE PRIMARY CAREGIVER VIOLATED SECTION 14 OF ARTICLE XVIII OF
THE STATE CONSTITUTION, THIS SECTION, OR THE RULES PROMULGATED BY
THE STATE HEALTH AGENCY PURSUANT TO THIS SECTION; EXCEPT THAT,
WHEN A PHYSICIAN'S VIOLATION IS THE BASIS FOR ADVERSE ACTION, THE
STATE HEALTH AGENCY MAY ONLY DENY OR REVOKE A PATIENT'S
APPLICATION OR REGISTRY IDENTIFICATION CARD WHEN THE PHYSICIAN'S
VIOLATION IS RELATED TO THE ISSUANCE OF A MEDICAL MARIJUANA
RECOMMENDATION.
(c) A PATIENT OR PRIMARY CAREGIVER REGISTRY IDENTIFICATION
CARD SHALL BE VALID FOR ONE YEAR AND SHALL CONTAIN A UNIQUE
IDENTIFICATION NUMBER. IT SHALL BE THE RESPONSIBILITY OF THE PATIENT
PAGE 48-HOUSE BILL 10-1284
OR PRIMARY CAREGIVER TO APPLY TO RENEW HIS OR HER REGISTRY
IDENTIFICATION CARD PRIOR TO THE DATE ON WHICH THE CARD EXPIRES.
THE STATE HEALTH AGENCY SHALL DEVELOP A FORM FOR A PATIENT OR
PRIMARY CAREGIVER TO USE IN RENEWING HIS OR HER REGISTRY
IDENTIFICATION CARD.
(d) IF THE STATE HEALTH AGENCY GRANTS A PATIENT A WAIVER TO
ALLOW A PRIMARY CAREGIVER TO TRANSPORT THE PATIENT'S MEDICAL
MARIJUANA FROM A MEDICAL MARIJUANA CENTER TO THE PATIENT, THE
STATE HEALTH AGENCY SHALL DESIGNATE THE WAIVER ON THE PATIENT'S
REGISTRY IDENTIFICATION CARD.
(e) A HOMEBOUND PATIENT WHO RECEIVES A WAIVER FROM THE
STATE HEALTH AGENCY TO ALLOW A PRIMARY CAREGIVER TO TRANSPORT
THE PATIENT'S MEDICAL MARIJUANA TO THE PATIENT FROM A MEDICAL
MARIJUANA CENTER SHALL PROVIDE THE PRIMARY CAREGIVER WITH THE
PATIENT'S REGISTRY IDENTIFICATION CARD, WHICH THE PRIMARY CAREGIVER
SHALL CARRY WHEN THE PRIMARY CAREGIVER IS TRANSPORTING THE
MEDICAL MARIJUANA. A MEDICAL MARIJUANA CENTER MAY PROVIDE THE
MEDICAL MARIJUANA TO THE PRIMARY CAREGIVER FOR TRANSPORT TO THE
PATIENT IF THE PRIMARY CAREGIVER PRODUCES THE PATIENT'S REGISTRY
IDENTIFICATION CARD.
(8) Use of medical marijuana. (a) THE USE OF MEDICAL
MARIJUANA IS ALLOWED UNDER STATE LAW TO THE EXTENT THAT IT IS
CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14 OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES
OF THE STATE HEALTH AGENCY.
(b) A PATIENT OR PRIMARY CAREGIVER SHALL NOT:
(I) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT
ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON;
(II) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW OF
OR IN A PLACE OPEN TO THE GENERAL PUBLIC;
(III) UNDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF
MEDICAL MARIJUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE OR
PROFESSIONAL MALPRACTICE;
PAGE 49-HOUSE BILL 10-1284
(IV) POSSESS MEDICAL MARIJUANA OR OTHERWISE ENGAGE IN THE
USE OF MEDICAL MARIJUANA IN OR ON THE GROUNDS OF A SCHOOL OR IN A
SCHOOL BUS;
(V) ENGAGE IN THE USE OF MEDICAL MARIJUANA WHILE:
(A) IN A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS
FACILITY;
(B) SUBJECT TO A SENTENCE TO INCARCERATION; OR
(C) IN A VEHICLE, AIRCRAFT, OR MOTORBOAT;
(VI) OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL OF
ANY VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE UNDER THE INFLUENCE OF
MEDICAL MARIJUANA; OR
(VII) USE MEDICAL MARIJUANA IF THE PERSON DOES NOT HAVE A
DEBILITATING MEDICAL CONDITION AS DIAGNOSED BY THE PERSON'S
PHYSICIAN IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT
RELATIONSHIP AND FOR WHICH THE PHYSICIAN HAS RECOMMENDED THE USE
OF MEDICAL MARIJUANA.
(c) A PERSON SHALL NOT ESTABLISH A BUSINESS TO PERMIT PATIENTS
TO CONGREGATE AND SMOKE OR OTHERWISE CONSUME MEDICAL
MARIJUANA.
(9) Limit on cultivation of medical marijuana. ONLY REGISTERED
PATIENTS, LICENSED PRIMARY CAREGIVERS, MEDICAL MARIJUANA-INFUSED
PRODUCTS MANUFACTURING OPERATIONS WITH AN OPTIONAL PREMISES
CULTIVATION LICENSE, AND LICENSED MEDICAL MARIJUANA CENTERS WITH
OPTIONAL PREMISES CULTIVATION LICENSES MAY CULTIVATE MEDICAL
MARIJUANA.
(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
PAGE 50-HOUSE BILL 10-1284
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.
(11) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION
(11), THE STATE HEALTH AGENCY SHALL ESTABLISH A BASIC FEE THAT SHALL
BE PAID AT THE TIME OF SERVICE OF ANY SUBPOENA UPON THE STATE
HEALTH AGENCY, PLUS A FEE FOR MEALS AND A FEE FOR MILEAGE AT THE
RATE PRESCRIBED FOR STATE OFFICERS AND EMPLOYEES IN SECTION
24-9-104, C.R.S., FOR EACH MILE ACTUALLY AND NECESSARILY TRAVELED
IN GOING TO AND RETURNING FROM THE PLACE NAMED IN THE SUBPOENA.
IF THE PERSON NAMED IN THE SUBPOENA IS REQUIRED TO ATTEND THE PLACE
NAMED IN THE SUBPOENA FOR MORE THAN ONE DAY, THERE SHALL BE PAID,
IN ADVANCE, A SUM TO BE ESTABLISHED BY THE STATE HEALTH AGENCY FOR
EACH DAY OF ATTENDANCE TO COVER THE EXPENSES OF THE PERSON NAMED
IN THE SUBPOENA.
(b) THE SUBPOENA FEE ESTABLISHED PURSUANT TO PARAGRAPH (a)
OF THIS SUBSECTION (11) SHALL NOT BE APPLICABLE TO ANY FEDERAL,
STATE, OR LOCAL GOVERNMENTAL AGENCY.
(2) (12) Fees. 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
AMOUNT OF THE FEES SET PURSUANT TO THIS SECTION SHALL REFLECT THE
ACTUAL DIRECT AND INDIRECT COSTS OF THE STATE LICENSING AUTHORITY
PAGE 51-HOUSE BILL 10-1284
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. 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.
(3) (13) Cash fund. (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) 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.
SECTION 3. 25-5-403, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW SUBSECTION to read:
25-5-403. Offenses. (3) THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY TO A MEDICAL MARIJUANA CENTER OR A
MEDICAL-MARIJUANA-INFUSED PRODUCTS MANUFACTURER LICENSED
PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., THAT MANUFACTURES OR
SELLS A FOOD PRODUCT THAT CONTAINS MEDICAL MARIJUANA SO LONG AS
THE FOOD PRODUCT IS LABELED AS CONTAINING MEDICAL MARIJUANA AND
THE LABEL SPECIFIES THAT THE PRODUCT IS MANUFACTURED WITHOUT ANY
REGULATORY OVERSIGHT FOR HEALTH, SAFETY, OR EFFICACY, AND THAT
THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE CONSUMPTION OR USE
OF THE PRODUCT.
SECTION 4. 16-2.5-121, Colorado Revised Statutes, is amended
to read:
PAGE 52-HOUSE BILL 10-1284
16-2.5-121. Executive director of the department of revenue -
senior director of enforcement for the department of revenue. The
executive director and the senior director of enforcement of the department
of revenue are peace officers while engaged in the performance of their
duties whose authority includes the enforcement of laws and rules regarding
automobile dealers pursuant to section 12-6-105 (1) (d) (II), C.R.S., the
lottery pursuant to sections 24-35-205 (3) and 24-35-206 (7), C.R.S.,
MEDICAL MARIJUANA PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S.,
limited gaming pursuant to section 12-47.1-204, C.R.S., liquor pursuant to
section 12-47-904 (1), C.R.S., and racing events pursuant to section
12-60-203 (1), C.R.S., and the enforcement of all laws of the state of
Colorado and who may be certified by the P.O.S.T. board.
SECTION 5. Part 1 of article 2.5 of title 16, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
16-2.5-124.5. Director of marijuana enforcement and medical
marijuana enforcement investigator. A MEDICAL MARIJUANA
ENFORCEMENT INVESTIGATOR IS A PEACE OFFICER WHILE ENGAGED IN THE
PERFORMANCE OF HIS OR HER DUTIES AND WHILE ACTING UNDER PROPER
ORDERS OR RULES PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., AND
SHALL ALSO INCLUDE THE ENFORCEMENT OF ALL LAWS OF THE STATE OF
COLORADO AND WHO MAY BE CERTIFIED BY THE P.O.S.T. BOARD.
SECTION 6. 24-75-402 (5), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
24-75-402. Cash funds - limit on uncommitted reserves -
reduction in amount of fees - exclusions. (5) Notwithstanding any
provision of this section to the contrary, the following cash funds are
excluded from the limitations specified in this section:
(z) THE MEDICAL MARIJUANA LICENSE CASH FUND CREATED IN
SECTION 12-43.3-501, C.R.S.
SECTION 7. 39-26-102, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
39-26-102. Definitions. As used in this article, unless the context
otherwise requires:
PAGE 53-HOUSE BILL 10-1284
(5.8) "MEDICAL MARIJUANA" SHALL HAVE THE SAME MEANING AS
SET FORTH IN SECTION 12-43.3-104 (7), C.R.S.
SECTION 8. 39-26-123 (1), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
39-26-123. Receipts - disposition - transfers of general fund
surplus - sales tax holding fund - creation - definitions - repeal. (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.
SECTION 9. 39-26-123, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
39-26-123. Receipts - disposition - transfers of general fund
surplus - sales tax holding fund - creation - definitions - repeal.
(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 MILLION DOLLARS
IS NOT 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
PAGE 54-HOUSE BILL 10-1284
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.
(II) ONE HALF OF THE MONEYS DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (6) SHALL BE APPROPRIATED TO THE DEPARTMENT OF HEALTH
CARE POLICY AND FINANCING FOR SCREENING, BRIEF INTERVENTION, AND
REFERRAL TO TREATMENT FOR INDIVIDUALS AT RISK OF SUBSTANCE ABUSE
PURSUANT TO SECTION 25.5-5-202 (1) (u), C.R.S.
SECTION 10. 39-26-123, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
39-26-123. Receipts - disposition - transfers of general fund
surplus - sales tax holding fund - creation - definitions - repeal. (6) 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 TAXES PAID BY
PERSONS OR ENTITIES LICENSED BY ARTICLE 43.3 OF TITLE 12, C.R.S., OR
EQUALLY APPROPRIATE THE SALES TAXES ATTRIBUTABLE TO SALES TAXES
PAID BY PERSONS OR ENTITIES LICENSED BY ARTICLE 43.3 OF TITLE 12,
C.R.S., IF LESS THAN TWO MILLION DOLLARS IS GENERATED. THE MONEYS
DESCRIBED IN 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.
SECTION 11. 25-14-203 (16), Colorado Revised Statutes, is
PAGE 55-HOUSE BILL 10-1284
amended to read:
25-14-203. Definitions. As used in this part 2, unless the context
otherwise requires:
(16) "Smoking" means the burning of a lighted cigarette, cigar, pipe,
or any other matter or substance that contains tobacco OR MEDICAL
MARIJUANA AS DEFINED BY SECTION 12-43.3-104 (7), C.R.S.
SECTION 12. 24-34-104 (46), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
24-34-104. General assembly review of regulatory agencies and
functions for termination, continuation, or reestablishment. (46) The
following agencies, functions, or both shall terminate on July 1, 2015:
(o) THE REGULATION OF PERSONS LICENSED PURSUANT TO ARTICLE
43.3 OF TITLE 12, C.R.S.
SECTION 13. 24-72-202 (6) (b) (XI) and (6) (b) (XII), Colorado
Revised Statutes, are amended, and the said 24-72-202 (6) (b) is further
amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
24-72-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(6) (b) "Public records" does not include:
(XI) Information security incident reports prepared pursuant to
section 24-37.5-404 (2) (e) or 24-37.5-404.5 (2) (e); or
(XII) Information security audit and assessment reports prepared
pursuant to section 24-37.5-403 (2) (d) or 24-37.5-404.5 (2) (d); OR
(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.
SECTION 14. Part 7 of article 26 of title 39, Colorado Revised
PAGE 56-HOUSE BILL 10-1284
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
39-26-726. Medical marijuana - debilitating conditions and
ability to purchase. ALL SALES OF MEDICAL MARIJUANA TO A PATIENT WHO
IS DETERMINED TO BE INDIGENT FOR PURPOSES OF WAIVING THE FEE
REQUIRED BY SECTION 25-1.5-106, C.R.S. SHALL BE EXEMPT FROM
TAXATION UNDER PART 1 OF THIS ARTICLE. IF THE PATIENT IS DETERMINED
TO BE INDIGENT THE STATE HEALTH AGENCY SHALL MARK HIS OR HER
REGISTRY IDENTIFICATION CARD AS SUCH AND THE PATIENT SHALL PRESENT
THE CARD TO THE LICENSED MEDICAL MARIJUANA CENTER TO RECEIVE THE
TAX EXEMPTION.
SECTION 15. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of human
services, for allocation to mental health and alcohol and drug abuse
services, for the fiscal year beginning July 1, 2010, the sum of three
hundred thirty-four thousand two hundred twenty-seven dollars ($334,227),
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, 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
enforcement business group, for the fiscal year beginning July 1, 2010, the
sum of ten million three hundred seventeen thousand five hundred
eighty-three dollars ($10,317,583) cash funds and 110.0 FTE, or so much
thereof as may be necessary, for the implementation of this act.
(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 two hundred seventy-one thousand three hundred
sixty-eight dollars ($271,368) and 2.0 FTE, or so much thereof as may be
necessary, for the provision of legal 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 (2) of this section.
(4) In addition to any other appropriation, there is hereby
appropriated to the department of public safety, Colorado bureau of
PAGE 57-HOUSE BILL 10-1284
investigation, for the fiscal year beginning July 1, 2010, the sum of two
hundred sixty thousand seven hundred dollars ($260,700) and 1.2 FTE, or
so much thereof as may be necessary, for the provision of background
checks 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 (2) of
this section.
(5) 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 (12), Colorado Revised Statutes, not
otherwise appropriated, to the department of public health and environment,
for allocation to the center for health and environmental education, for the
fiscal year beginning July 1, 2010, the sum of fifty-nine thousand seven
hundred forty-seven dollars ($59,747) cash funds and 1.2 FTE, or so much
thereof as may be necessary, for the implementation of this act.
SECTION 16. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of human
services, for allocation to mental health and alcohol and drug abuse
services, for the fiscal year beginning July 1, 2010, the sum of six hundred
sixty-eight thousand four hundred fifty-four dollars ($668,454), 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, 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
enforcement business group, for the fiscal year beginning July 1, 2010, the
sum of ten million three hundred seventeen thousand five hundred
eighty-three dollars ($10,317,583) cash funds and 110.0 FTE, or so much
thereof as may be necessary, for the implementation of this act.
(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 two hundred seventy-one thousand three hundred
sixty-eight dollars ($271,368) and 2.0 FTE, or so much thereof as may be
necessary, for the provision of legal services to the department of revenue
related to the implementation of this act. Said sum shall be from
PAGE 58-HOUSE BILL 10-1284
reappropriated funds received from the department of revenue out of the
appropriation made in subsection (2) of this section.
(4) In addition to any other appropriation, there is hereby
appropriated to the department of public safety, Colorado bureau of
investigation, for the fiscal year beginning July 1, 2010, the sum of two
hundred sixty thousand seven hundred dollars ($260,700) and 1.2 FTE, or
so much thereof as may be necessary, for the provision of background
checks 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 (2) of
this section.
(5) 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 (12), Colorado Revised Statutes, not
otherwise appropriated, to the department of public health and environment,
for allocation to the center for health and environmental education, for the
fiscal year beginning July 1, 2010, the sum of fifty-nine thousand seven
hundred forty-seven dollars ($59,747) cash funds and 1.2 FTE, or so much
thereof as may be necessary, for the implementation of this act.
SECTION 17. 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 18. Specified effective date. (1) Except as otherwise
provided in subsection (2) of this section, this act shall take effect July 1,
2010.
(2) (a) Sections 9 and 15 of this act shall take effect only if House
Bill 10-1033 is enacted and becomes law and shall take effect upon the
effective date of House Bill 10-1033.
(b) Sections 10 and 16 of this act shall take effect only if section 9
of this act does not take effect and does not become law.
SECTION 19. Safety clause. The general assembly hereby finds,
PAGE 59-HOUSE BILL 10-1284
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Terrance D. Carroll Brandon C. Shaffer
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Karen Goldman
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO

PAGE 60-HOUSE BILL 10-1284

 

Link to house bill 10-1284

The Colorado medical marijuana laws are no doubt confusing.   Especially if you listen to the media, because much of what they are talking about are pending laws that may not go into effect.   The laws are changing faster than many people can keep up.  At the time of this writing there are 2 separate bills before the State Legislature.  In the last few weeks the City of Denver adopted their own medical marijuana ordinances.  The bills pending before the State Legislature have had something like 35 changes in the last couple of weeks.  So yes, we know, the Colorado Medical Marijuana laws get confusing.  Most of the changes only affect the business end of the medical marijuana industry and not patients.   Below are the current Colorado medical marijuana laws as written into the State Constitution.     Mile High Medical Cannabis offers FREE assistance with all the Medical Marijuana Forms and Dr. Referrals to make the complicated process - SIMPLE.   If you want to get your medical marijuana card we'll handle all the paperwork, and the Dr. Referral!  Call (303) 455-9333, (303-455-WEED), or stop by 1705 N. Federal Blvd. in Denver - (across from Invesco Field - also known as Mile High Stadium). 

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:   (Note: If your medical condition is not listed you may submit a letter to the State to have your condition added to the State Guidelines - Click for Address)

(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.

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