HB 10-1284 & HB 11-1043 OUTLINED
MICHELLE L. LAMAY M.A.
PART I MEDICAL MJ
- Police power enacted for the health, peace and MORALS of the people.
- It is against the law to cultivate, manufacture, distribute or sell MEDICAL marijuana unless you are 1) a patient, growing six plants as per ARTICLE XVIII; 2) a caregiver, limited by this law’s new, statutory definition, to 5 patients, or 3) a “locally approved” business (a “person” with a local sales tax license) with a state license to cultivate, and sell medical marijuana or edibles.
- Established (MJ) businesses (already locally-approved with local sales tax license) must complete application and pay fee by August 1. Newly-approved locally MJ business have 30 days to pay up and apply even though the app may be denied. If you don’t apply it is deemed evidence of “unsatisfactory character, record and reputation” for future application for the state license.
- Local governments must, if asked, provide a list of all local “centers” or operations they granted a sales tax license so they can be identified by the state (for enforcement).
- Only a patient or a caregiver is entitled to the “affirmative defense.”
- Before September 1, 2010 a tax-paying business or an “operation” must certify they grow 70% of medical MJ or edibles.
“GOOD CAUSE” (TO BE DENIED A STATE LICENSE) IS TO CULTIVATE, MANUFACTURE, OR SELL OR HAVE AN OPERATION THAT ADVERSELY AFFECTS 1THE PUBLIC HEALTH OR WELFARE OF A NEIGHBORHOOD.
“LICENSED PREMISES” MEANS WHERE MED MJ IS CULTIVATED, MANUFACTURED, DISTRIBUTED OR SOLD BY A LICENSEE.
“LICENSEE” A PERSON (NOT PLACE)
“LOCAL LICENSING AUTHORITY” IS DESIGNATED BY LOCAL GOVERNMENT probably a regular or special sales tax license, M.L.).
“MEDICAL MJ” IS GROWN AND SOLD AS PER THIS LAW AND ARTICLE XVIII.
“MEDICAL MJ CENTER” IS A PERSON WITH A LICENSE BUT NOT A “PRIMARY CAREGIVER” AS DEFINED IN PART 10
“MED MJ-INFUSED” IS EDIBLES, OINTMENTS AND TINCTURES SOLD OR MANUFACTURED BY A “CENTER.”
“MEDICAL MJ-INFUSED PRODUCTS MANUFACTURER” MEANS A PERSON LICENSED BY THIS LAW.
“OPTIONAL PREMISES” ALLOWED
“OPTIONAL PREMISES CULTIVATION OPERATION” IS A PERSON LICENSED BY THIS LAW.
“PERSON” IS PERSON, PARTNERSHIP, ASSOCIATION, COMPANY, CORP, LLC, ORGANIZATION, MANAGER, AGENT, OWNER, DIRECTOR, SERVANT, OFFICER, OR EMPLOYEE.
“PREMISES” IS A DISTINCT CONTIGUOUS AREA.
“SCHOOL” IS PUBLIC OR PRIVATE SCHOOLS WITH CHILDREN.
“STATE LICENSING AUTHORITY” NEW IN THIS STATE.
LIMITED ACCESS AREAS
THE BUILDING OR ROOM WHERE MED MJ IS CULTIVATED, STORED, WEIGHED, DISPLAYED, PACKAGED, SOLD OR POSSESSED FOR SALE AND WHERE ONLY THE LICENSEE IS ALLOWED WEARING A STATE-ISSUED BADGE. THE ENTRY AND EXIT MUST BE POSTED WITH SIGNAGE FROM THE STATE AUTHORITY.
THE LAW GOES INTO EFFECT STATEWIDE UNLESS A MUNICIPALITY, COUNTY, CITY OR CITY/COUNTY VOTE BY A MAJORITY TO PROHIBIT A MEDICAL MJ CENTER, AN OPTIONAL PREMISES CULTIVATION OPERATION AND/OR A MEDICAL MJ-INFUSED PRODUCTS MANUFACTURER.
PART 2 STATE LICENSING AUTHORITY
Established in the Department of Revenue with its executive director as the head. One employee can be hired per ten centers applying. They get 500k for back ground checks. Funded by a $1 million dollar loan from the Medical MJ Registry, and no money can come from the general fund and this part will be repealed 4/1/2011.
The State Authority grants, refuses and promulgates the rules as well allows moratoriums until the State Authority adopts rules (by Aug 1 deadline for applications & fees, M.L.). By September 1, the State Authority and the Department of Health and Environment must hold a public hearing with all the stakeholders to review all their new rules. (Here is a chance for the public to be heard, M.L.)
The State authority is granted the authority to hold hearings and subpoena records but must maintain the confidentiality of licensee records and books; they must develop the forms etc; they must transmit a report every year to the executive branch; they must request MJ be removed from the Schedule I to the Schedule !! List of dangerous drugs.
The State Authority must make rules applying; to complying, enforcing, or violation; for officers & employees; instructions to local authority, law enforcement; requirements for inspections, investigations and seizures; create a range of penalties for their use; prohibit unfair practices and misrepresentations; control information and product displays: issue I.D.s to “persons” and take their fingerprints; and identify state licensees, their owners, officers, mangers and employees.
The State Authority must make rules applying; to minimum security including lighting, physical security, video and alma requirements; the regulation of storage, warehouses and transportation of medical MJ; sanitary requirements for “Centers” and edible manufacturers; to the specific I.D. From patients using a “Center;” to labels; to records and their availability; to procedures for renewals, reinstatements, licensing, and paying fees; access for the Department of Revenue to their records; rules to authorize the Department of Revenue to issue citations for (to be written, M.L.) violations and penalties; AND NOTHING KEEPS THEM FROM MAKING ANY RULES THEY WANT OR FIXING THE PRICES (Part 2(XX)(B).
PART 3 STATE & LOCAL LICENSING
-The local authority may issue a license for a Medical MJ Center, an Optional Premises Cultivation Operation or a Medical MJ-Infused Products Manufacturer.
-If they don’t set up an authority the municipality, city and county, unincorporated area can adopt the minimum requirements in HB 1284:
- Restrict the distance between licensees,
- Restrict the size of premises.
The State requires locals to use their forms and they must contain plans, specs and a public hearing posted in the newspaper and on the premises containing the names of the applicants. The State may co-review an application while the locals are also investigating if all the nonrefundable fees are paid.
The Locals have 30 days to refuse or grant the local license upon inspection of the building. The State must be notified if the locals deny app.
State Licensing Fee: $5000.00. Apps on state forms once locals issue license. If denied, Licensee can ask for a hearing, and the reason for denial does not have to be disclosed to applicant or locals until 15 days before the hearing.
Persons who can not get a license:
1. Those who have not paid annual fee.
2. Those whose criminal history reveals they are not of good moral character.
3. A Corp, if officers, directors or stockholders are not of good moral character.
4. A physician who makes recommendations for patients.
5. A person who is funded by one not of good moral character.
6. A person under 21.
7. A person in default on any taxes, judgements, child support, the fees, or a student loan.
8. A person who has a discharged felony more than five years from date of application or any felon ever convicted of possession, distribution or use of a controlled substance.
9. A person who employs another without a criminal background check.
10. No cops or DAs.
11. A person whose primary caregiver status has been revoked by the Dept of Health.
12. A person for a location that is retail food establishment or wholesale food registrant.
13. A person who has not been in COLO TWO YEARS, but for those who apply before 12/15/2010 and were here 12/15/09.
-When a person’s criminal history is investigated and/or mandatory finger prints found lacking, the state may consider evidence of rehabilitation, education and character since the last conviction of a felony in issuing a license.
RESTRICTIONS ON APPS FOR NEW LICENSE:
- A location that is within 1000 ft of one already denied in the past two years.
- Deed or lease is required before license issued.
- Local zoning bans on a center, grow or manufacturer at location applied for.
- Location is within 1000 ft of a school, alcohol treatment facility, college, university, or seminary, or a residential childcare facility, subject to local zoning, to be measured from the nearest property line to the nearest portion of the building using a direct pedestrian route.
TRANSFER OF OWNERSHIP:
-Is allowed after locals post ten day notice and have a hearing.
-AUTHORIZES A LOCALITY TO PROHIBIT A CENTER, OPTIONAL PREMISE OR A MANUFACTURER IF THE LOCAL ZONING, HEALTH, SAFETY OR PUBLIC WELFARE LAW IS MORE RESTRICTIVE THAN HB1284.*
-ALL LICENSEES MUST SEND NOTICE OF CHANGE IN OFFICERS, MANGERS, ETC WITHIN 10 DAYS OF CHANGE
-ALL NEW PEOPLE MUST PASS BACK GROUND CHECK AND SUBMIT FINGERPRINTS.
-All “operations” must be for patients only.
-Everyone listed on app must be a CO resident for two years.
License good for two years.
The licensing authorities must consider the effect the granting or denial of a second or third license to the same person would have on restraining competition.
A separate license is required for each specific business, entity or geographical location.
All licenses must be displayed with names and dates.
-Locals can’t transfer or renew without applicant having a state license first for the entire time needed for the locals license.
-All changes in financial interests must be reported in 30 days.
-Each licensee must manage premises their selves or hire a manager (back ground check & fingerprints required).
-A licensee can move within the locality with permission from local and state authority.
*An OPTIONAL PREMISES CULTIVATION OPERATION LOCATION IS CONFIDENTIAL* EXCEPT TO SHARE W LAW ENFORCEMENT!
-90 days before expiration, the state will notify and licensee has to apply 45 days before expires to locals and 30 days before expires to State. All may be waived, no hearing required unless there were complaints, late filers less than 90 days can pay a $500.00 late fee.
-The State Authority may reduce or increase fees.
-Revocation after inactivity for one year.
UNLAWFUL FINANCIAL ASSISTANCE:
-Complete disclosure required of all investors and fingerprints with the exception of commercial banks. Intended to block control of a MJ business financed by any other party but the licensee.
Part 4 LICENSE TYPES
- Medical MJ Center
- Optional Premises Cultivation Operation
- Medical MJ-Infused Products Manufacturer
- Occupational licenses and registrations issued by State Authority.
-All licensees must collect sales tax on all sales.
-All state chartered financial institutions are allowed to lend money to licensees.
Medical MJ Center:
A) When selling (must be) pre-packaged edibles, the label must say that it contains medical MJ; that it is manufactured without any regulatory oversight; and that there may be a health risk.
B) An edible manufacturer may operate on a center’s premises.
C) A center licensee can only sell MJ grown from their Optional Premises (Does not apply to edible manufacturer).
D) A licensee can only buy 30% of hands-on inventory from another center, nor can a center sell more than 30% of their total inventory.Purchasers must show valid registration card and photo I.D.
E) A center may provide a small amount of MJ to a licensed lab (occupational: 12-43.3-202(2)(a)(IV).
F) All medical MJ must be labeled with a list of chemical additives: nonorganic pesticides, herbicides and fertilizers.
G) All centers must be handicapped accessible!
Optional Premises Cultivation Operation: Only a center licensee or edible manufacturer can apply for this license.
Medical MJ-Infused Products Manufacturer:
A) Edibles must be prepared using equipment only for that.
- An edible manufacturer is allowed to contract with up to five centers in writing, to produce edibles with the centers’ MJ and the contract must state the amount of MJ used and amount of products produced from the centers’ MJ.
- Licensed manufacturers can sell to any licensed center.
- Sanitary standards in 12-43.3-202(2)(a)(XII).
- All edibles must be sealed and labeled.
- No edibles consumed on a licensed premise.
- Manufacturer must pay all state and local taxes.
- A manufacturer who has an optional premises license can not sell that MJ.
PART 5 FEES
-Cash “Fund” can’t be transferred to the general fund.
Licensees, change location, transfer ownership, renewal and expired license renewal.
-Fees can not exceed costs and must be reviewed.
-Applicants pay for fingerprints and back ground checks
-If the state authority is subpoenaed (does’nt. apply to another gov’t agency), state officers or employees paid fee, meals and milage and a per diem collected in advance of an appearance in court.
- Locals set own, nonrefundable licensing fees collected in advance.
PART 6 DISCIPLINARY ACTIONS
-State authority can, after a hearing, suspend or revoke a license, levy a fine or “other sanction,” by mail unless a crime involved then licensed can be pulled without notice or hearing.
-Suspension for no longer than 6 months.
-Suspended centers’ patients allowed to transfer their “Primary” center to another. (NOTE: FIRST AND LAST REFERENCE TO “PRIMARY” CENTER.)
-A fine is available allowing operation during suspension to be considered by judicial review and permanently stayed if: 1) the fine achieves the disciplinary purpose, 2) the books and records show la oss suffered during suspension, and 3) there were no other problems during the previous two years.
-FINE: $500.00 to $100,000.00.
_The State and Local authorities must report to the legislature fines, suspensions and revocations yearly.
PART 7 INSPECTION OF BOOKS AND RECORDS
-Licensee must open books (current year and past three) during business hours to the State authority.
-Licensed premises : place of storage, growing, cultivating, sold, or dispensed subject to inspection or investigation anytime including locked areas.
PART 8 JUDICIAL REVIEW
-Decisions by the State authority are subject to judicial review. “Net” revenue is subject to sales tax.
PART 9 UNLAWFUL ACTS ENFORCEMENT
It is against the law to:
- Consume medical MJ on the premises.
- Let another use your patient registration card.
- To continue to operate a MJ business without a license.
- To buy, sell, transfer, give away or acquire medical MJ except as allowed in this law.
- To be in a “limited access area” without a “badge.”
- To not post entry & exit signs in a “limited access area.”
- To fail to report illegal transfers of licenses or name changes.
- To display illegal signage or advertise deceptively, or falsely or to mislead.
- To provide a public place for consumption of medical MJ in any form.
- To sell to someone without a license or a person without a registry card.
- To be under 21 and employed by any licensees.
-An employee can confiscate a patient’s card if there reasonable cause to suspect fraud. Failure to turn over card to authority within 72 hours not a crime.
-For a center o possess more than 6 plants and 2 ounces per patient unless patient has a recommendation for more.
-To sell anywhere else but at center (no delivery).
-To have illegal MJ on premises.
-To buy from someone not licensed.
-To sell anywhere else but from a permanent location.
-To possess used paraphernalia on a premise.
-To deliver any place else but from an optional premises to a center.
-To sell, serve, or distribute MJ any other time but between the hours of 8AM and 7PM, 7 days a week.
-To sell, deliver or distribute MJ not grown at a center’s, a manufacturer’s or an optional premises’ own location.
-For a physician to receive any money or anything of value for patient referrals.
PART 10 LEGISLATIVE DECLARATION PROTECTING PATIENTS
-Protects legal patients from criminal prosecution for possession of less than 6 plants or 2 ozs.
-Protects non-card holding patients with an affirmative defense.
-DEFINES Primary Caregiver as a “person other than the patient or the patient’s physician who is 18 and has significant responsibility for managing the well being of patient who has a debilitating medical condition.”
Dept of Regulatory Agencies (DORA) must:
- Establish a confidential registry of patient.
- Develop an application for patients
- Verify medical information.
- Issue the registry cards
- Tell law enforcement about suspended cards.
- Determine the manner in which other debilitating conditions can be added to the list in the constitution.
- Allow a waiver for homebound patients to have primary caregiver deliver from center to patient.
The State Health Agency may:
- Rule what is “significant responsibility for managing the well being of patient who has a debilitating medical condition.” EXCEPT MJ or MJ paraphernalia by itself is insufficient .
- Create a form for “Caregiver’s” with testimony they provide “significant responsibility for managing the well being of patient who has a debilitating medical condition.”
- Create a form for the inclusion of “written documentation” of a debilitating condition.
- ESTABLISH GROUNDS FOR CHANGING A CAREGIVER!!
- CONDUCT A PUBLIC HEARING WITH THE DEPT OF REVENUE ABOUT THE NEW RULES BY SEPT I , 2010.
- May not delegate authority or assist others in providing medical MJ to a patient.
- Tow or more caregivers can not join together to cultivate medical MJ.
- Only a center or one with a optional premise, or a manufacturer or a primary caregiver for a patient or themselves can grow medical MJ.
- A primary caregiver must provide to law enforcement their patients registry I.D. NUMBER ONLY.
- A PRIMARY CAREGIVER IS LIMITED TO FIVE PATIENTS UNLESS THERE IS NO OTHER ACCESS.
- A PATIENT CAN ONLY HAVE ONE PRIMARY CAREGIVER.
- A PATIENT WHO HAS DESIGNATED THEMSELVES AS THEIR OWN CAREGIVER, MAY NOT HAVE ANOTHER PRIMARY CAREGIVER.
- A primary caregiver can not charge more than the costs of cultivation or purchasing medical MJ, but may charge for caretaker services.
- THE DEPT OF HEALTH MUST START A CONFIDENTIAL REGISTRY OF AVAILABLE PRIMARY CAREGIVERS FOR PATIENTS WHO DO NOT HAVE ONE.
- A registered primary caregiver or an individual can choose to be put on this registry and with their contact information.
- The Health Agency can not vouch for the primary caregiver.
- The Dept of Health can grant a patient more caregivers and note in registry.
- A patient must declare to the registry where they intend to get their medical MJ: a primary caregiver, a center, or cultivate themselves.
- A patient must have card or photocopy of app and proof of submission when in possession.
- If a physician has a violation related to the issuance of medical MJ recommendations ONLY, a patient’s card may be denied or revoked.
- A patient OR primary caregiver will have a form to use for renewal every year before its expiration.
- The waiver for a homebound patient to have their medical MJ delivered will be on the card and a photocopy must be carried by the primary caregiver. A primary caregiver is also allowed to buy for the homebound patient at a center with the homebound patient’s card.
USE OF MARIJUANA:
A patient or primary caregiver can not use medical MJ (these rules do not apply to a center or a manufacturer):
- In a way that endangers the health and welfare of a person (read: children under 18, M.L.)
- In plain view or in a public place.
- Doing a task vulnerable to negligence or malpractice law suites.
- Use on a school grounds or bus.
- Use in a correctional facility
- Use in a vehicle, aircraft or boat.
- Operate, navigate or be in control of any vehicle, aircraft or boat under the influence of medical MJ.
- If there is no debilitating condition.
- Nor can any person establish a business to permit patients to congregate and smoke (burning a cigarette, cigar, pipe,or any other matter or substance that contains tobacco or medical MJ) or otherwise consume medical MJ.
LIMIT ON CULTIVATION:
-Only registered patients, licensed primary caregivers, Manufacturers and Centers may cultivate medical MJ.
-If the affirmative defense is raised (you need more MJ THAN 6 PALNTS OR 2 OZS.) the burden of proof and costs are on the patient.
FEES CAN NOT EXCEED COST (TABOR)
MEDICAL MJ CASH FUND CREATED
-This money can not be moved into the general fund.
-THE DIRECTOR OF REVENUE (AND EMPLOYEES) ARE PEACE OFFICERS ALLOWED TO ENFORCE ALL THE LAWS OF COLORADO.
-AN “INVESTIGATOR” IS A PEACE OFFICER ALLOWED TO ENFORCE ALL THE LAWS OF COLORADO.
-$2 million must be taken off the top of the sales tax revenue from medical MJ or other sales tax revenue, if this much is not generated each year, half of which funds juvenile and adult programs in the Department of Human Services; the other half goes to the Department of Health Care Policy for screening, brief intervention and referral for treatment of people at risk for substance abuse.
-”Public record” does not include information from security incident reports, audits, assessments or the applications of Optional Premises or their locations.
-No sales tax for the indigent and cards marked as such.
THE MONEY APPROPRIATED:
FOR MENTAL HEALTH & ALCOHOL AND DRUG ABUSE SERVICES:
FOR THE NEW MEDICAL MJ CAsH FUND: 10,317,583.00
FOR DEPT OF REVENUE LEGAL SERVICES: 271,368.00
FOR DEPT OF HEALTH: 59,747.00
EFFECTIVE July 1, 2011
HB11-1043 adds and changes, repeals etc. parts of the first law in Colorado, HB10-1284, passed last year to regulate Medical Marijuana. Effective July 1, 2011.
Adds to how the law is applied to those three entities the first law established and required to be licensed: the center, the center’s optional premises for cultivation, and infused-products manufacturers, who, by this July 1, unless recently banned from the locality on the application, may continue to operate. They must comply with the HB10-1284, HB11-1043 and the rules adopted by Department of Revenue's Medical Marijuana Enforcement Division and the Board of the Department of Health from July 1, 2011 until their application is approved.
(From The Denver Post June 12, 2011. “Figures from the department show there are 809 dispensaries, 321 infused product manufacturers, and more than 1,230 cultivations lawfully operating in Colorado.
Postlethwait, [Department of Revenue's Medical Marijuana Enforcement Division spokeswoman] said those businesses have met mandatory deadlines and have applications pending for marijuana business licenses. None of those businesses have been issued marijuana licenses because of the time it takes to verify other requirements, such as a criminal background check for owners and a close examination of records to ensure financial backing comes from within Colorado.” http://www.denverpost.com/news/marijuana/c_i18259361 )
Applicants who did not meet licensing requirements on July 1, 2010, can begin to apply on July 1, 2012;
those who do acquire a license have 90 days to certify that they grow 70% of their own medical marijuana;
those who acquire a license can change it’s type and /or apply (to own) a previously licensed business;
if a pending applicant finds he has been banned from operating by the locals, he can transfer the premises on the application;
the State has the exclusive right to enforce the manufacture, sale, distribution and dispensing of medical marijuana and disallows any “Licensees” the use of Article XVIII of the CO Constitution as a defense [for possession].
Defines an “Immature Plant” as a cutting, clipping or seedling that can be no taller than eight inches in a two inch square container.
[A] “Licensing Authority” is adopted by charter or resolution or otherwise the government of a municipality, city and county or board of commissioners of a county. (hereafter referred to as “the locals”); and
“Medical marijuana” means only marijuana grown and sold under these laws and Article XVIII, and can not be classified as a “nonprescription drug” or an “over-the-counter medication.”
Gives the Department of Revenue authority to make and enforce rules, special rules and their findings; and gives any county, municipality or city and county authority to extend a temporary moratorium to June 30, 2012.
Gives the Department of Revenue hearing officers authority to hold public hearings for applicants denied or licensees whose license is contested.
The Department of Revenue is directed to maintain the confidentiality of the records of licensees except for law enforcement purposes or for verification a patient’s registry card.
Gives law enforcement the authority to inspect, investigate, search, seize, demand forfeiture and do anything else necessary [to enforce this law].
If the locals do not adopt any specific standards for licensees to operate, the state authority will follow the minimum state licensing requirements when considering issuing a license.
Locals may (but need not) have a public hearing for a new applicant, and if they do, they must post a notice of it ten days before on the applicant’s premises or at the future location of the unbuilt premises and publish it in a local paper.
Allows the locals to consider, besides the facts and evidence of an investigation, the locality of a premise (with zoning law).
The State may deny a license based on the location or for good cause and do so by a notice stating the reason(s). The applicant is allowed a hearing and must be provided with the grounds for denial at least 15 days prior to a hearing.
Felon employees convicted of a drug charge may be considered for a license if, on the date of the application, the drug offense was no longer a felony.
Owners (only) must be Colorado residents for two years.
All new and renewal applications for licenses must have applicants fingerprints submitted with them.
All officers, managers, and employees must be residents of Colorado on the date of their applications. The locals can not collect any fees until the State issues a license. The license is good for two years.
The location of “Optional Premises” must be revealed. (the privacy of the optional premises location in HB10-1284 was repealed.)
A center may sell six immature plants to a patient but only half the amount of a patient’s recommendation for an expanded plant count. (no certain time period between purchases or donations is expressed).
A center can also sell immature plants (no number stated) to a primary caregiver, another Center or an edibles manufacturer.
A center can only buy or sell 30% of their inventory to another licensee unless they ask the licensing authority for a waiver because of a catastrophic loss or, if a new center, to buy enough to conduct business within 90 days of opening. The licensee must show a picture I.D., a registration card or a copy of a current license application with the certified mail receipt for a license submitted within the last 35 days of the purchase.
Centers may install automated money machines in restricted access areas to use tobuy and sell.
A laboratory with an occupational license may test marijuana and marijuana-infused products and allows rules to be made related to such and prohibits a laboratory from having any interest in a center or edible manufacturer.
A center can sell or give marijuana, immature plants or infused-products below cost to an indigent or hospice patient.
Whether growing their medical marijuana at their center or manufacturing location or at another location, an optional premises cultivation license must be obtained.
Licensees can share a common area for their “optional premises,” but licensees can only supply their own businesses.
Infused-products must be labeled and sealed. (Look for Rules to be made to describe method and content of label in the future.)
A licensed manufacturer can only sell the marijuana they cultivate with an optional premises license to be used in infused products.
A licensed manufacturer can have 500 plants TOTAL at its premises or optional premises. The licensing authority will consider the product, and the business’ needs and ability to supply potential and contracted centers in granting a waiver in excess of 500 plants.
A licensed manufacturer has the option to supply samples for testing to a laboratory with an occupational license. No laboratory can have any interest in a center or infused manufacturer.
If, after an administrative hearing, a licensee possesses illegal marijuana or infused products that are ordered destroyed, he has 15 days to appeal in District Court and can not be destroyed until after that whether the licensee files an appeal or not. If they do, in the interim, the licensee can maintain the marijuana, but can not use or distribute it or the infused products in the dispute. If found illegal, the marijuana is ordered seized by the state and can be destroyed along with the incidental property associated with it.
Patients may show photocopies of their documents for the 35 days following the certified mailing to the Registry, The center employee must call the registry to determine that the patient had not been denied before purchasing medical marijuana. (So the patient must purchase between 8am and cpm, the hours of the Registry.)
All employees must be 21.
It is illegal to burn or destroy marijuana or infused products in order to evade investigation or seizure; or to abandon a business without a 48-hour notice in advance and proof of destruction of illegal marijuana or infused products; and such crime is a class 2 misdemeanor.
Peace officers shall not use any patient information to make traffic stops.
Information provided to the State are not “Public Records.”
SECTION 19 and 20 and 25… ABOUT PHYSICIANS
Defines “in good standing” vocabulary used in HB10-1284 to mean, after July 1, 2011, a valid, active license to practice medicine, in good standing without a prohibition to recommend marijuana. Section 25 requires the “restriction” state if the physician has been prohibited from recommending marijuana.
Primary caregivers must register with the State and provide the location of their cultivation facility and each of their patient’s registration I.D. numbers. This information remains confidential, but an inspection will be made when the location is revealed and it also must comply with any applicable local laws.
Creates a medical marijuana program cash fund to hold the fees, set by the Board to cover the costs of administration and collected by the Department of Health. A patient who presents a copy of their income tax return certified by the Department of Revenue to be 85% of the Federal Poverty level adjusted for family size.
A property used to cultivate medical marijuana can not be classified “agricultural.”
The General assembly takes the first 2 million from the sales tax generated after July 1, 2011. One million is given to The Circle Program at the Colorado Mental Health Institute.
SECTION 25… SEE PHYSICIANS SECTION 19 & 20
A repeal of a section delegating authority made redundant in this law.
The definition of a “medical record” now may include a description of MEDICAL MARIJUANA SERVICES.
Any licensee, or people employed by them or state employee who releases any information about a patient’s health record without written permission is subject to a class 1 misdemeanor, except to release records the State or Locals for review and they can not be placed in a public record.
Adds vocabulary to the Index of statutory sections regarding medical record confidentiality and health information.
On July 1, 2011 the Circle Program will be receive one million dollars from the General fund. $7,696 is appropriated to the information technology division of the Executive Branch to implement [create the databases?] the medical marijuana laws and rules.