Yes. Green Farms Med is a medical marijuana center licensed by the City of Colorado Springs and the State of Colorado.

We do not sell recreational cannabis. This means that you MUST have a valid medical marijuana card to enter and purchase products from our store.

In order to be placed in the registry and to receive a registry identification card, an adult applicant must reside in Colorado and submit an application form supplied by the Colorado Department of Public Health and Environment. The adult applicant must do all of the following in order to satisfy the application process: 1. Certification must be obtained from a physician licensed in Colorado verifying diagnosis of a debilitating condition which may be alleviated by the medical use of marijuana. 2. A completed application form with a physician certification form (or other documentation provided by the physician) and a non-refundable $15 application fee must be sent via certified mail with return receipt requested to: Application Processing CDPHE HSV-8630 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Payment by check or money order must be made payable to CDPHE. Do not send cash. A return receipt is required by The Clinic to prove that the state has received your physician’s recommendation and application. The registry will verify the licensure status of the physician and will contact the physician to verify the certification. Verifications will occur within 30 days of receipt of the application. The registry will mail the patient and his/her primary caregiver (if applicable) medical marijuana registry identification cards within 5 days after verification. IMPORTANT NOTICE REGARDING MMJ LAW Under Colorado state law, patients with temporary paperwork can only purchase medical marijuana if they are 1) a new Colorado mmj registry patient, and 2) are within 35 days of the date on the stamped return receipt from the Colorado Department of Public Health & Environment. Patients who are in the process of renewing their Colorado mmj registry license may not purchase medication with temporary paper under any circumstance. In lieu of this law, we strongly recommend that you begin your renewal process 45 to 60 days prior to date that your current medical marijuana license expires, so you can avoid a lapse in your license and ability to receive medical marijuana at our dispensary.

If you can't grow your own medicine, our knowledgable and licensed staff members can assist you by providing a wide selection of medicine and advice focused on your particular needs.

According to Colorado Amendment 20: “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”

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: (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.

HOUSE BILL 11-1043 BY REPRESENTATIVE(S) Massey, Labuda, Looper; also SENATOR(S) Steadman and Spence. CONCERNING MEDICAL MARIJUANA, AND MAKING AN APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 12-43.3-103 (2) (c), Colorado Revised Statutes, is amended, and the said 12-43.3-103 (2) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read: 12-43.3-103. Applicability. (2) (c) On and after July 1, 2011, all businesses for the purpose of cultivation, manufacture, or sale of medical marijuana or medical marijuana-infused products, as defined in this article, shall be subject to the terms and conditions of this article and any rules promulgated pursuant to this article; EXCEPT THAT A PERSON THAT HAS MET THE DEADLINES SET FORTH IN PARAGRAPHS (a) AND (b) OF SUBSECTION (1) OF THIS SECTION THAT HAS NOT HAD ITS APPLICATION ACTED UPON BY THE STATE LICENSING AUTHORITY MAY CONTINUE TO OPERATE UNTIL ACTION IS TAKEN ON THE APPLICATION, UNLESS THE PERSON IS OPERATING IN A JURISDICTION THAT HAS IMPOSED A PROHIBITION ON LICENSURE. WHILE CONTINUING TO OPERATE PRIOR TO THE LICENSING AUTHORITY ACTING ON NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. THE APPLICATION, THE PERSON SHALL OTHERWISE BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS ARTICLE AND ALL RULES PROMULGATED PURSUANT TO THIS ARTICLE. (d) (I) ON AND AFTER JULY 1, 2012, PERSONS WHO DID NOT MEET ALL REQUIREMENTS OF PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION AS OF JULY 1, 2010, MAY BEGIN TO APPLY FOR A LICENSE PURSUANT TO THIS ARTICLE. A BUSINESS OR OPERATION THAT APPLIES AND IS APPROVED FOR ITS LICENSE AFTER JULY 1, 2012, SHALL CERTIFY TO THE STATE LICENSING AUTHORITY THAT IT IS CULTIVATING AT LEAST SEVENTY PERCENT OF THE MEDICAL MARIJUANA NECESSARY FOR ITS OPERATION WITHIN NINETY DAYS AFTER BEING LICENSED. (II) FOR THOSE PERSONS THAT ARE LICENSED PRIOR TO JULY 1, 2012, THE PERSON MAY APPLY TO THE LOCAL AND STATE LICENSING AUTHORITIES REGARDING CHANGES TO ITS LICENSE AND MAY APPLY FOR A NEW LICENSE IF THE LICENSE IS FOR A BUSINESS THAT HAS BEEN LICENSED AND THE PERSON IS PURCHASING THAT BUSINESS OR IF THE BUSINESS IS CHANGING LICENSE TYPE. (III) FOR A PERSON WHO HAS MET THE DEADLINES SET FORTH IN PARAGRAPHS (a) AND (b) OF SUBSECTION (1) OF THIS SECTION AND WHO HAS LOST HIS OR HER LOCATION BECAUSE A CITY OR COUNTY HAS VOTED PURSUANT TO SECTION 12-43.3-106 TO BAN HIS OR HER OPERATION, THE PERSON MAY APPLY FOR A NEW LICENSE WITH A LOCAL LICENSING AUTHORITY AND TRANSFER THE LOCATION OF ITS PENDING APPLICATION WITH THE STATE LICENSING AUTHORITY. (e) THIS ARTICLE SETS FORTH THE EXCLUSIVE MEANS BY WHICH MANUFACTURE, SALE, DISTRIBUTION, AND DISPENSING OF MEDICAL MARIJUANA MAY OCCUR IN THE STATE OF COLORADO. LICENSEES SHALL NOT BE SUBJECT TO THE TERMS OF SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, EXCEPT WHERE SPECIFICALLY REFERENCED IN THIS ARTICLE. SECTION 2. 12-43.3-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 12-43.3-104. Definitions. As used in this article, unless the context otherwise requires: PAGE 2-HOUSE BILL 11-1043 (1.5) “IMMATURE PLANT” MEANS A NONFLOWERING MEDICAL MARIJUANA PLANT THAT IS NO TALLER THAN EIGHT INCHES AND NO WIDER THAN EIGHT INCHES PRODUCED FROM A CUTTING, CLIPPING, OR SEEDLING AND THAT IS IN A GROWING CONTAINER THAT IS NO LARGER THAN TWO INCHES WIDE AND TWO INCHES TALL THAT IS SEALED ON THE SIDES AND BOTTOM. SECTION 3. 12-43.3-104 (5) and (7), Colorado Revised Statutes, are amended to read: 12-43.3-104. Definitions. As used in this article, unless the context otherwise requires: (5) “Local licensing authority” means an authority designated by municipal or county charter, municipal ordinance, or county resolution, OR THE GOVERNING BODY OF A MUNICIPALITY, CITY AND COUNTY, OR THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY IF NO SUCH AUTHORITY IS DESIGNATED. (7) “Medical marijuana” means marijuana that is grown and sold pursuant to the provisions of this article and for a purpose authorized by section 14 of article XVIII of the state constitution BUT SHALL NOT BE CONSIDERED A NONPRESCRIPTION DRUG FOR PURPOSES OF SECTION 12-22-102 (20) OR SECTION 39-26-717, C.R.S., OR AN OVER-THE-COUNTER MEDICATION FOR PURPOSES OF SECTION 25.5-5-322, C.R.S. SECTION 4. 12-43.3-202 (1) (b) (I), (1) (c), (1) (d), and (2) (a) (IV), Colorado Revised Statutes, are amended to read: 12-43.3-202. Powers and duties of state licensing authority – repeal. (1) The state licensing authority shall: (b) (I) Promulgate such rules and such special rulings and findings as necessary for the proper regulation and control of the cultivation, manufacture, distribution, and sale of medical marijuana and for the enforcement of this article. A county, municipality, or city and county that has adopted a temporary moratorium regarding the subject matter of this article shall be specifically authorized to extend the moratorium until the effective date of the rules adopted by the department of revenue in accordance with this article JUNE 30, 2012. PAGE 3-HOUSE BILL 11-1043 (c) Hear and determine at a public hearing any appeals of a CONTESTED state license denial and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24, C.R.S. The state licensing authority may, at its discretion, delegate to the department of revenue hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings under section 24-4-105, C.R.S. When conducting such hearings, the hearing officers shall be employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority. (d) Maintain the confidentiality of reports OR OTHER INFORMATION obtained from a licensee showing the sales volume or quantity of medical marijuana sold, OR REVEALING ANY PATIENT INFORMATION, or any other records that are exempt from public inspection pursuant to state law. SUCH REPORTS OR OTHER INFORMATION MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE OR FOR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT PURPOSE. ANY INFORMATION RELEASED RELATED TO PATIENTS MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY THIS ARTICLE OR TO VERIFY THAT A PERSON WHO PRESENTED A REGISTRY IDENTIFICATION CARD TO A STATE OR LOCAL LAW ENFORCEMENT OFFICIAL IS LAWFULLY IN POSSESSION OF SUCH CARD. (2) (a) Rules promulgated pursuant to paragraph (b) of subsection (1) of this section may include, but need not be limited to, the following subjects: (IV) Requirements for inspections, investigations, searches, seizures, FORFEITURES, and such additional activities as may become necessary from time to time; SECTION 5. 12-43.3-301 (2) (a), Colorado Revised Statutes, is amended to read: 12-43.3-301. Local licensing authority – applications – licenses. (2) (a) A local licensing authority shall not issue a local license within a municipality, city and county, or the unincorporated portion of a county unless the governing body of the municipality or city and county has adopted an ordinance, or the governing body of the county has adopted a PAGE 4-HOUSE BILL 11-1043 resolution, containing specific standards for license issuance, or if no such ordinance or resolution is adopted prior to July 1, 2011 2012, then a local licensing authority shall consider the minimum licensing requirements of this part 3 when issuing a license. SECTION 6. 12-43.3-302 (1) and (4), Colorado Revised Statutes, are amended to read: 12-43.3-302. Public hearing notice – posting and publication. (1) Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application to be held not less than thirty days after the date of the application. If the local licensing authority schedules a hearing for a medical marijuana center LICENSE application, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local licensing authority shall give public notice by the posting of a sign in a conspicuous place on the medical marijuana center LICENSE APPLICANT’S premises for which LICENSE application has been made and by publication in a newspaper of general circulation in the county in which the medical marijuana center APPLICANT’S premises are located. (4) If the building in which medical marijuana is to be sold CULTIVATED, MANUFACTURED, OR DISTRIBUTED is in existence at the time of the application, a sign posted as required in subsections (1) and (2) of this section shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public. SECTION 7. 12-43.3-303 (2), Colorado Revised Statutes, is amended to read: 12-43.3-303. Results of investigation – decision of authorities. (2) Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana outlets CENTERS, OPTIONAL PREMISES PAGE 5-HOUSE BILL 11-1043 CULTIVATION OPERATIONS, OR MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. SECTION 8. 12-43.3-306, Colorado Revised Statutes, is amended to read: 12-43.3-306. Denial of application. (1) The state licensing authority shall deny a state license if the premises on which the applicant proposes to conduct its business do not meet the requirements of this article or for reasons set forth in section 12-43.3-104 (1) (c) or 12-43.3-305, AND THE STATE LICENSING AUTHORITY MAY DENY A LICENSE FOR GOOD CAUSE AS DEFINED BY SECTION 12-43.3-104 (1) (a) OR (1) (b). (2) If the state licensing authority denies a state license pursuant to subsection (1) of this section, the applicant shall be entitled to a hearing pursuant to article 4 of title 24, C.R.S. SECTION 24-4-104 (9), C.R.S., AND JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106, C.R.S. The state licensing authority shall provide written notice of the grounds for denial of the state license to the applicant and to the local licensing authority at least fifteen days prior to the hearing. SECTION 9. 12-43.3-307 (1) (h), (1) (m), (2) (a), and (2) (c), Colorado Revised Statutes, are amended to read: 12-43.3-307. Persons prohibited as licensees – repeal. (1) A license provided by this article shall not be issued to or held by: (h) A person who has discharged a sentence in the five years immediately preceding the application date for a conviction of a felony or a person who at any time has been convicted of a felony pursuant to any state or federal law regarding the possession, distribution, MANUFACTURING, CULTIVATION, or use of a controlled substance; EXCEPT THAT THE LICENSING AUTHORITY MAY GRANT A LICENSE TO AN EMPLOYEE IF THE EMPLOYEE HAS A STATE FELONY CONVICTION BASED ON POSSESSION OR USE OF A CONTROLLED SUBSTANCE THAT WOULD NOT BE A FELONY IF THE PERSON WERE CONVICTED OF THE OFFENSE ON THE DATE HE OR SHE APPLIED FOR LICENSURE; PAGE 6-HOUSE BILL 11-1043 (m) A person AN OWNER, AS DEFINED BY RULE OF THE STATE LICENSING AUTHORITY, who has not been a resident of Colorado for at least two years prior to the date of the person’s OWNER’S application; except that: (I) (A) For a person AN OWNER who submits an application for licensure pursuant to this article by December 15, 2010, this requirement shall not apply to that person OWNER if the person HE OR SHE was a resident of the state of Colorado on December 15, 2009. (B) THIS SUBPARAGRAPH (I) IS REPEALED, EFFECTIVE JULY 1, 2012. (2) (a) In investigating the qualifications of an applicant or a licensee, the state AND LOCAL licensing authority AUTHORITIES may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the state OR LOCAL licensing authority considers the applicant’s criminal history record, the state OR LOCAL licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant’s last criminal conviction and the consideration of the application for a state license. (c) At the time of filing an application for issuance or renewal of a state medical marijuana center license, medical marijuana-infused product manufacturer license, or optional premises cultivation license, an applicant shall submit a set of his or her fingerprints and file personal history information concerning the applicant’s qualifications for a state license on forms prepared by the state licensing authority. The state OR LOCAL licensing authority shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The state OR LOCAL licensing authority may acquire a name-based criminal history record check for an applicant or a license holder who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable. An applicant who has previously submitted fingerprints for state licensing purposes may request that the fingerprints on file be used. The state OR LOCAL licensing authority shall use the information resulting PAGE 7-HOUSE BILL 11-1043 from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a state license pursuant to this article. The state OR LOCAL licensing authority may verify any of the information an applicant is required to submit. SECTION 10. 12-43.3-310 (6), Colorado Revised Statutes, is amended to read: 12-43.3-310. Licensing in general. (6) All owners, officers, managers, and employees of a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer shall be residents of Colorado UPON THE DATE OF THEIR LICENSE APPLICATION. AN OWNER SHALL MEET THE RESIDENCY REQUIREMENTS IN SECTION 12-43.3-307 (1) (m). A local licensing authority shall not issue a license provided for in this article until that share of the license application fee due to the state has been received by the department of revenue. All licenses granted pursuant to this article shall be valid for a period not to exceed two years from the date of issuance unless revoked or suspended pursuant to this article or the rules promulgated pursuant to this article. SECTION 11. Repeal. 12-43.3-310 (14), Colorado Revised Statutes, is repealed as follows: 12-43.3-310. Licensing in general. (14) The location of an optional premises cultivation operation as described in section 12-43.3-403 shall be a confidential record and shall be exempt from the “Colorado Open Records Act”. State and local licensing authorities shall keep the location of an optional premises cultivation operation confidential and shall redact the location from all public records. Notwithstanding any provision of law to the contrary, a state or local licensing agency may share information regarding the location of an optional premises cultivation operation with a peace officer or a law enforcement agency. SECTION 12. 12-43.3-402 (3), (4), (5), and (6), Colorado Revised Statutes, are amended, and the said 12-43.3-402 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 12-43.3-402. Medical marijuana center license. (3) Every person selling medical marijuana as provided for in this article shall sell only medical marijuana grown in its medical marijuana optional premises PAGE 8-HOUSE BILL 11-1043 licensed pursuant to this article. IN ADDITION TO MEDICAL MARIJUANA, A MEDICAL MARIJUANA CENTER MAY SELL NO MORE THAN SIX IMMATURE PLANTS TO A PATIENT; EXCEPT THAT A MEDICAL MARIJUANA CENTER MAY SELL MORE THAN SIX IMMATURE PLANTS, BUT MAY NOT EXCEED HALF THE RECOMMENDED PLANT COUNT, TO A PATIENT WHO HAS BEEN RECOMMENDED AN EXPANDED PLANT COUNT BY HIS OR HER RECOMMENDING PHYSICIAN. A MEDICAL MARIJUANA CENTER MAY SELL IMMATURE PLANTS TO A PRIMARY CAREGIVER, ANOTHER MEDICAL MARIJUANA CENTER, OR A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING AUTHORITY. The provisions of this subsection (3) shall not apply to medical marijuana-infused products. (4) Notwithstanding the requirements of subsection (3) of this section to the contrary, a medical marijuana licensee may purchase not more than thirty percent of its total on-hand inventory of medical marijuana from another licensed medical marijuana center in Colorado. A medical marijuana center may sell no more than thirty percent of its total on-hand inventory to another Colorado licensed medical marijuana licensee; EXCEPT THAT THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL MARIJUANA MAY GRANT A TEMPORARY WAIVER: (a) TO A MEDICAL MARIJUANA CENTER OR APPLICANT IF THE MEDICAL MARIJUANA CENTER OR APPLICANT SUFFERS A CATASTROPHIC EVENT RELATED TO ITS INVENTORY; OR (b) TO A NEW MEDICAL MARIJUANA CENTER LICENSEE FOR A PERIOD NOT TO EXCEED NINETY DAYS SO THE NEW LICENSEE CAN CULTIVATE THE NECESSARY MEDICAL MARIJUANA TO COMPLY WITH THIS SUBSECTION (4). (5) Prior to initiating a sale, the employee of the medical marijuana center making the sale shall verify that the purchaser has a valid registration card issued pursuant to section 25-1.5-106, C.R.S., OR A COPY OF A CURRENT AND COMPLETE NEW APPLICATION FOR THE MEDICAL MARIJUANA REGISTRY ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THAT IS DOCUMENTED BY A CERTIFIED MAIL RETURN RECEIPT AS HAVING BEEN SUBMITTED TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WITHIN THE PRECEDING THIRTY-FIVE DAYS, and a valid picture identification card that matches the name on the registration card. A PURCHASER MAY NOT PROVIDE A COPY OF A RENEWAL APPLICATION IN ORDER TO MAKE A PURCHASE AT A MEDICAL MARIJUANA CENTER. A PAGE 9-HOUSE BILL 11-1043 PURCHASER MAY ONLY MAKE A PURCHASE USING A COPY OF HIS OR HER APPLICATION FROM 8 A.M. TO 5 P.M., MONDAY THROUGH FRIDAY. IF THE PURCHASER PRESENTS A COPY OF HIS OR HER APPLICATION AT THE TIME OF PURCHASE, THE EMPLOYEE MUST CONTACT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO DETERMINE WHETHER THE PURCHASER’S APPLICATION HAS BEEN DENIED. THE EMPLOYEE SHALL NOT COMPLETE THE TRANSACTION IF THE PURCHASER’S APPLICATION HAS BEEN DENIED. IF THE PURCHASER’S APPLICATION HAS BEEN DENIED, THE EMPLOYEE SHALL BE AUTHORIZED TO CONFISCATE THE PURCHASER’S COPY OF THE APPLICATION AND THE DOCUMENTATION OF THE CERTIFIED MAIL RETURN RECEIPT, IF POSSIBLE, AND SHALL, WITHIN SEVENTY-TWO HOURS AFTER THE CONFISCATION, TURN IT OVER TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR LOCAL LAW ENFORCEMENT AGENCY. THE FAILURE TO CONFISCATE THE COPY OF THE APPLICATION AND DOCUMENT OF THE CERTIFIED MAIL RETURN RECEIPT OR TO TURN IT OVER TO THE STATE HEALTH DEPARTMENT OR A STATE OR LOCAL LAW ENFORCEMENT AGENCY WITHIN SEVENTY-TWO HOURS AFTER THE CONFISCATION SHALL NOT CONSTITUTE A CRIMINAL OFFENSE. (5.5) TRANSACTIONS FOR THE SALE OF MEDICAL MARIJUANA OR A MEDICAL MARIJUANA-INFUSED PRODUCT AT A MEDICAL MARIJUANA CENTER MAY BE COMPLETED BY USING AN AUTOMATED MACHINE THAT IS IN A RESTRICTED ACCESS AREA OF THE CENTER IF THE MACHINE COMPLIES WITH THE RULES PROMULGATED BY THE STATE LICENSING AUTHORITY REGARDING THE TRANSACTION OF SALE OF PRODUCT AT A MEDICAL MARIJUANA CENTER AND THE TRANSACTION COMPLIES WITH SUBSECTION (5) OF THIS SECTION. (6) A licensed medical marijuana center may provide a small amount of its medical marijuana for testing to a laboratory that is licensed pursuant to the occupational licensing rules promulgated pursuant to section 12-43.3-202 (2) (a) (IV) A MEDICAL MARIJUANA CENTER MAY PROVIDE A SAMPLE OF ITS PRODUCTS TO A LABORATORY THAT HAS AN OCCUPATIONAL LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING AND RESEARCH PURPOSES. THE LABORATORY MAY DEVELOP, TEST, AND PRODUCE MEDICAL MARIJUANA-BASED PRODUCTS. THE LABORATORY MAY CONTRACT METHOD OR PRODUCT DEVELOPMENT WITH A LICENSED MEDICAL MARIJUANA CENTER OR LICENSED MEDICAL MARIJUANA INFUSED-PRODUCT MANUFACTURER. THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202(1) (b), C.R.S., RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES; INCLUDING PAGE 10-HOUSE BILL 11-1043 BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS, EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA-FIDE RESEARCH METHODS. A LABORATORY THAT HAS AN OCCUPATIONAL LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER OR A LICENSED MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER. (9) NOTWITHSTANDING THE PROVISIONS OF SECTION 12-43.3-901(4) (m), A MEDICAL MARIJUANA CENTER MAY SELL BELOW COST OR DONATE TO A PATIENT WHO HAS BEEN DESIGNATED INDIGENT BY THE STATE HEALTH AGENCY OR WHO IS IN HOSPICE CARE: (a) MEDICAL MARIJUANA; OR (b) NO MORE THAN SIX IMMATURE PLANTS; EXCEPT THAT A MEDICAL MARIJUANA CENTER MAY SELL OR DONATE MORE THAN SIX IMMATURE PLANTS, BUT MAY NOT EXCEED HALF THE RECOMMENDED PLANT COUNT, TO A PATIENT WHO HAS BEEN RECOMMENDED AN EXPANDED PLANT COUNT BY HIS OR HER RECOMMENDING PHYSICIAN; OR (c) MEDICAL MARIJUANA-INFUSED PRODUCTS TO PATIENTS. SECTION 13. 12-43.3-403, Colorado Revised Statutes, is amended to read: 12-43.3-403. Optional premises cultivation license. (1) An optional premises cultivation license may be issued only to a person licensed pursuant to section 12-43.3-402 (1) or 12-43.3-404 (1) who grows and cultivates medical marijuana at an additional Colorado licensed premises contiguous or not contiguous with the licensed premises of the person’s medical marijuana center license or the person’s medical marijuana-infused products manufacturing license. (2) OPTIONAL PREMISES CULTIVATION LICENSES MAY BE COMBINED IN A COMMON AREA SOLELY FOR THE PURPOSES OF GROWING AND CULTIVATING MEDICAL MARIJUANA AND USED TO PROVIDE MEDICAL MARIJUANA TO MORE THAN ONE LICENSED MEDICAL MARIJUANA CENTER OR LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER SO LONG AS THE HOLDER OF THE OPTIONAL PREMISE CULTIVATION LICENSE IS ALSO A PAGE 11-HOUSE BILL 11-1043 COMMON OWNER OF EACH LICENSED MEDICAL MARIJUANA CENTER OR LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER TO WHICH MEDICAL MARIJUANA IS PROVIDED. IN ACCORDANCE WITH PROMULGATED RULES RELATING TO PLANT AND PRODUCT TRACKING REQUIREMENTS, EACH OPTIONAL PREMISES CULTIVATION LICENSEE SHALL SUPPLY MEDICAL MARIJUANA ONLY TO ITS ASSOCIATED LICENSED MEDICAL MARIJUANA CENTERS OR LICENSED MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURERS. SECTION 14. 12-43.3-404 (5) and (8), Colorado Revised Statutes, are amended, and the said 12-43.3-404 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 12-43.3-404. Medical marijuana-infused products manufacturing license. (5) The medical marijuana-infused product shall be sealed and conspicuously labeled in compliance with this article and any rules promulgated pursuant to this article. THE LABELING OF MEDICAL MARIJUANA-INFUSED PRODUCTS IS A MATTER OF STATEWIDE CONCERN. (8) A medical marijuana-infused products licensee that has an optional premises cultivation license shall not sell any of the medical marijuana that it cultivates EXCEPT FOR THE MEDICAL MARIJUANA THAT IS CONTAINED IN MEDICAL MARIJUANA-INFUSED PRODUCTS. (9) (a) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE MAY NOT HAVE MORE THAN FIVE HUNDRED MEDICAL MARIJUANA PLANTS ON ITS PREMISES OR AT ITS OPTIONAL PREMISES CULTIVATION OPERATION; EXCEPT THAT THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL MARIJUANA MAY GRANT A WAIVER IN EXCESS OF FIVE HUNDRED MARIJUANA PLANTS BASED ON THE CONSIDERATION OF THE FACTORS IN PARAGRAPH (b) OF THIS SUBSECTION (9). (b) THE DIRECTOR OF THE DIVISION THAT REGULATES MEDICAL MARIJUANA SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING WHETHER TO GRANT THE WAIVER DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (9): (I) THE NATURE OF THE PRODUCTS MANUFACTURED; (II) THE BUSINESS NEED; PAGE 12-HOUSE BILL 11-1043 (III) EXISTING BUSINESS CONTRACTS WITH LICENSED MEDICAL MARIJUANA CENTERS FOR THE PRODUCTION OF MEDICAL MARIJUANA-INFUSED PRODUCTS; AND (IV) THE ABILITY TO CONTRACT WITH LICENSED MEDICAL MARIJUANA CENTERS FOR THE PRODUCTION OF MEDICAL MARIJUANA-INFUSED PRODUCTS. (10) A MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER MAY PROVIDE A SAMPLE OF ITS PRODUCTS TO A LABORATORY THAT HAS A OCCUPATIONAL LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING AND RESEARCH PURPOSES. THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202 (1) (b), C.R.S., RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES. A LABORATORY THAT HAS AN OCCUPATIONAL LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER OR A LICENSED MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER. SECTION 15. Part 6 of article 43.3 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 12-43.3-602. Disposition of unauthorized marijuana or marijuana-infused products and related materials. (1) THE PROVISIONS OF THIS SECTION SHALL APPLY IN ADDITION TO ANY CRIMINAL, CIVIL, OR ADMINISTRATIVE PENALTIES AND IN ADDITION TO ANY OTHER PENALTIES PRESCRIBED BY THIS ARTICLE OR ANY RULES PROMULGATED PURSUANT TO THIS ARTICLE. ANY PROVISIONS IN THIS ARTICLE RELATED TO LAW ENFORCEMENT SHALL BE CONSIDERED A CUMULATIVE RIGHT OF THE PEOPLE IN THE ENFORCEMENT OF THE CRIMINAL LAWS. (2) EVERY LICENSEE LICENSED UNDER THIS ARTICLE SHALL BE DEEMED, BY VIRTUE OF APPLYING FOR, HOLDING, OR RENEWING SUCH PERSON’S LICENSE, TO HAVE EXPRESSLY CONSENTED TO THE PROCEDURES SET FORTH IN THIS SECTION. (3) A STATE OR LOCAL AGENCY SHALL NOT BE REQUIRED TO CULTIVATE OR CARE FOR ANY MARIJUANA OR MARIJUANA-INFUSED PRODUCT BELONGING TO OR SEIZED FROM A LICENSEE. A STATE OR LOCAL AGENCY SHALL NOT BE AUTHORIZED TO SELL MARIJUANA, MEDICAL OR OTHERWISE. PAGE 13-HOUSE BILL 11-1043 (4) IF THE STATE OR LOCAL LICENSING AUTHORITY ISSUES A FINAL AGENCY ORDER IMPOSING A DISCIPLINARY ACTION AGAINST A LICENSEE PURSUANT TO SECTION 12-43.3-601, THEN, IN ADDITION TO ANY OTHER REMEDIES, THE LICENSING AUTHORITY’S FINAL AGENCY ORDER MAY SPECIFY THAT SOME OR ALL OF THE LICENSEE’S MARIJUANA OR MARIJUANA-INFUSED PRODUCT IS NOT MEDICAL MARIJUANA OR A MEDICAL MARIJUANA-INFUSED PRODUCT AND IS AN ILLEGAL CONTROLLED SUBSTANCE. THE ORDER MAY FURTHER SPECIFY THAT THE LICENSEE SHALL LOSE ANY INTEREST IN ANY OF THE MARIJUANA OR MARIJUANA-INFUSED PRODUCT EVEN IF THE MARIJUANA OR MARIJUANA-INFUSED PRODUCT PREVIOUSLY QUALIFIED AS MEDICAL MARIJUANA OR A MEDICAL MARIJUANA-INFUSED PRODUCT. THE FINAL AGENCY ORDER MAY DIRECT THE DESTRUCTION OF ANY SUCH MARIJUANA AND MARIJUANA-INFUSED PRODUCTS, EXCEPT AS PROVIDED IN SUBSECTIONS (5) AND (6) OF THIS SECTION. THE AUTHORIZED DESTRUCTION MAY INCLUDE THE INCIDENTAL DESTRUCTION OF ANY CONTAINERS, EQUIPMENT, SUPPLIES, AND OTHER PROPERTY ASSOCIATED WITH THE MARIJUANA OR MARIJUANA-INFUSED PRODUCT. (5) FOLLOWING THE ISSUANCE OF A FINAL AGENCY ORDER BY THE LICENSING AUTHORITY IMPOSING A DISCIPLINARY ACTION AGAINST A LICENSEE AND ORDERING DESTRUCTION AUTHORIZED BY SUBSECTION (4) OF THIS SECTION, A LICENSEE SHALL HAVE FIFTEEN DAYS WITHIN WHICH TO FILE A PETITION FOR STAY OF AGENCY ACTION WITH THE DISTRICT COURT. THE ACTION SHALL BE FILED IN THE CITY AND COUNTY OF DENVER, WHICH SHALL BE DEEMED TO BE THE RESIDENCE OF THE STATE LICENSING AUTHORITY FOR PURPOSES OF THIS SECTION. THE LICENSEE SHALL SERVE THE PETITION IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE. THE DISTRICT COURT SHALL PROMPTLY RULE UPON THE PETITION AND SHALL DETERMINE WHETHER THE LICENSEE HAS A SUBSTANTIAL LIKELIHOOD OF SUCCESS ON JUDICIAL REVIEW SO AS TO WARRANT DELAY OF THE DESTRUCTION AUTHORIZED BY SUBSECTION (4) OF THIS SECTION OR WHETHER OTHER CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NEED FOR PRESERVATION OF EVIDENCE, WARRANT DELAY OF SUCH DESTRUCTION. IF DESTRUCTION IS SO DELAYED PURSUANT TO JUDICIAL ORDER, THE COURT SHALL ISSUE AN ORDER SETTING FORTH TERMS AND CONDITIONS PURSUANT TO WHICH THE LICENSEE MAY MAINTAIN THE MARIJUANA AND MARIJUANA-INFUSED PRODUCT PENDING JUDICIAL REVIEW, AND PROHIBITING THE LICENSEE FROM USING OR DISTRIBUTING THE MARIJUANA OR MARIJUANA-INFUSED PRODUCT PENDING THE REVIEW. THE LICENSING AUTHORITY SHALL NOT CARRY OUT THE DESTRUCTION AUTHORIZED BY PAGE 14-HOUSE BILL 11-1043 SUBSECTION (4) OF THIS SECTION UNTIL FIFTEEN DAYS HAVE PASSED WITHOUT THE FILING OF A PETITION FOR STAY OF AGENCY ACTION, OR UNTIL THE COURT HAS ISSUED AN ORDER DENYING STAY OF AGENCY ACTION PURSUANT TO THIS SUBSECTION (5). (6) THE LICENSING AUTHORITY SHALL NOT CARRY OUT THE DESTRUCTION AUTHORIZED BY SUBSECTION (4) OF THIS SECTION UNTIL IT HAS NOTIFIED THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE MARIJUANA IS LOCATED TO DETERMINE WHETHER THE MARIJUANA OR PRODUCT CONSTITUTES EVIDENCE IN A CRIMINAL PROCEEDING SUCH THAT IT SHOULD NOT BE DESTROYED, AND UNTIL FIFTEEN DAYS HAVE PASSED FROM THE DATE OF THE ISSUANCE OF SUCH NOTICE. (7) ON OR BEFORE JANUARY 1, 2012, THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES GOVERNING THE IMPLEMENTATION OF THIS SECTION. SECTION 16. 12-43.3-901 (1) (c), (1) (d), (4) (d) (I), (4) (l), and (7), Colorado Revised Statutes, are amended, and the said 12-43.3-901 (4) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read: 12-43.3-901. Unlawful acts – exceptions. (1) Except as otherwise provided in this article, it is unlawful for a person: (c) To continue operating a business for the purpose of cultivation, manufacture, or sale of medical marijuana or medical marijuana-infused products without filing the forms and paying the fee as described in section 12-43.3-103 (1) (b); or (d) To continue operating a business for the purpose of cultivation, manufacture, or sale of medical marijuana or medical marijuana-infused products without satisfying the conditions of section 12-43.3-103 (2) (b). (4) It is unlawful for any person licensed to sell medical marijuana pursuant to this article: (d) (I) To sell medical marijuana to a person not licensed pursuant to this article or to a person not able to produce a valid patient registry identification card, UNLESS THE PERSON HAS A COPY OF A CURRENT AND PAGE 15-HOUSE BILL 11-1043 COMPLETE NEW APPLICATION FOR THE MEDICAL MARIJUANA REGISTRY ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THAT IS DOCUMENTED BY A CERTIFIED MAIL RETURN RECEIPT AS HAVING BEEN SUBMITTED TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WITHIN THE PRECEDING THIRTY-FIVE DAYS AND THE EMPLOYEE ASSISTING THE PERSON HAS CONTACTED THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND, AS A RESULT, DETERMINED THE PERSON’S APPLICATION HAS NOT BEEN DENIED. Notwithstanding any provision in this subparagraph (I) to the contrary, a person under twenty-one years of age shall not be employed to sell or dispense medical marijuana at a medical marijuana center or grow or cultivate medical marijuana at an optional premises cultivation operation. (l) To sell, serve, or distribute medical marijuana at any time other than between the hours of 8 a.m. and 7 p.m. Monday through Sunday; or (n) TO BURN OR OTHERWISE DESTROY MARIJUANA OR ANY SUBSTANCE CONTAINING MARIJUANA FOR THE PURPOSE OF EVADING AN INVESTIGATION OR PREVENTING SEIZURE; OR (o) TO ABANDON A LICENSED PREMISES OR OTHERWISE CEASE OPERATION WITHOUT NOTIFYING THE STATE AND LOCAL LICENSING AUTHORITIES AT LEAST FORTY-EIGHT HOURS IN ADVANCE AND WITHOUT ACCOUNTING FOR AND FORFEITING TO THE STATE LICENSING AUTHORITY FOR DESTRUCTION ALL MARIJUANA OR PRODUCTS CONTAINING MARIJUANA. (7) A person who commits any acts that are unlawful pursuant to this section ARTICLE OR THE RULES AUTHORIZED AND ADOPTED PURSUANT TO THIS ARTICLE commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., except for violations that would also constitute a violation of title 18, C.R.S., which violation shall be charged and prosecuted pursuant to title 18, C.R.S. SECTION 17. 12-43.3-901, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 12-43.3-901. Unlawful acts – exceptions. (6.5) A PEACE OFFICER OR A LAW ENFORCEMENT AGENCY SHALL NOT USE ANY PATIENT INFORMATION TO MAKE TRAFFIC STOPS PURSUANT TO SECTION 42-4-1302, C.R.S. PAGE 16-HOUSE BILL 11-1043 SECTION 18. 24-72-202 (6) (b) (XIII), Colorado Revised Statutes, is amended to read: 24-72-202. Definitions. As used in this part 2, unless the context otherwise requires: (6) (b) “Public records” does not include: (XIII) State and local applications and licenses for an optional premises cultivation operation as described in section 12-43.3-403, C.R.S.; and the location of the optional premises cultivation operation. THE INFORMATION PROVIDED TO THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY PURSUANT TO SECTION 25-1.5-106 (7) (e), C.R.S. SECTION 19. 25-1.5-106 (2) (c) (II), Colorado Revised Statutes, is amended to read: 25-1.5-106. Medical marijuana program – powers and duties of the state health agency – medical review board – medical marijuana program cash fund – created – repeal. (2) Definitions. In addition to the definitions set forth in section 14 (1) of article XVIII of the state constitution, as used in this section, unless the context otherwise requires: (c) “In good standing”, with respect to a physician’s license, means: (II) The physician holds a valid unrestricted and unconditioned license to practice medicine in Colorado THAT DOES NOT CONTAIN A RESTRICTION OR CONDITION THAT PROHIBITS THE RECOMMENDATION OF MEDICAL MARIJUANA OR FOR A LICENSE ISSUED PRIOR TO JULY 1, 2011, A VALID, UNRESTRICTED AND UNCONDITIONED LICENSE; and SECTION 20. 25-1.5-106 (5) (a), Colorado Revised Statutes, is amended to read: 25-1.5-106. Medical marijuana program – powers and duties of the state health agency – medical review board – medical marijuana program cash fund – created – repeal. (5) Physicians. A physician who certifies a debilitating medical condition for an applicant to the medical marijuana program shall comply with all of the following requirements: PAGE 17-HOUSE BILL 11-1043 (a) The physician shall have a valid unrestricted AND ACTIVE license to practice medicine, which license is in good standing. SECTION 21. 25-1.5-106 (7), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 25-1.5-106. Medical marijuana program – powers and duties of the state health agency – medical review board – medical marijuana program cash fund – created – repeal. (7) Primary caregivers. (e) A PRIMARY CAREGIVER WHO CULTIVATES MEDICAL MARIJUANA FOR HIS OR HER PATIENTS SHALL REGISTER THE LOCATION OF HIS OR HER CULTIVATION OPERATION WITH THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY AND PROVIDE THE REGISTRATION IDENTIFICATION NUMBER OF EACH PATIENT TO THE STATE LICENSING AUTHORITY. THE INFORMATION PROVIDED TO THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY PURSUANT TO THIS PARAGRAPH (e) SHALL NOT BE PROVIDED TO THE PUBLIC AND SHALL BE CONFIDENTIAL. THE STATE LICENSING AUTHORITY SHALL VERIFY THE LOCATION OF A PRIMARY CAREGIVER CULTIVATION OPERATION TO A LOCAL GOVERNMENT OR LAW ENFORCEMENT AGENCY UPON RECEIVING AN ADDRESS-SPECIFIC REQUEST FOR VERIFICATION. THE LOCATION OF THE CULTIVATION OPERATION SHALL COMPLY WITH ALL APPLICABLE LOCAL LAWS, RULES, OR REGULATIONS. SECTION 22. 25-1.5-106 (16) (a), Colorado Revised Statutes, is amended to read: 25-1.5-106. Medical marijuana program – powers and duties of the state health agency – medical review board – medical marijuana program cash fund – created – repeal. (16) Fees – repeal. (a) The state health agency may collect fees from patients who, pursuant to section 14 of article XVIII of the state constitution, apply to the medical marijuana program for a registry identification card for the purpose of offsetting the state health agency’s direct and indirect costs of administering the program. The amount of the fees shall be set by rule of the state health agency. The amount of the fees set pursuant to this section shall reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3), C.R.S. The state health agency shall also promulgate rules that allow a patient to claim indigence as it relates to PAGE 18-HOUSE BILL 11-1043 paying the fee approved pursuant to this subsection (16). The rules shall establish the standard for indigence, the process the state health agency shall use to determine whether a patient who claims indigence meets the standard for indigence, and the process for granting a waiver if the state health agency determines that the patient meets the standard for indigence. THE STATE HEALTH AGENCY SHALL NOT ASSESS A MEDICAL MARIJUANA REGISTRY APPLICATION FEE TO AN APPLICANT WHO DEMONSTRATES, PURSUANT TO A COPY OF THE APPLICANT’S STATE TAX RETURN CERTIFIED BY THE DEPARTMENT OF REVENUE, THAT THE APPLICANT’S INCOME DOES NOT EXCEED ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY LINE, ADJUSTED FOR FAMILY SIZE. All fees collected by the state health agency through the medical marijuana program shall be transferred to the state treasurer who shall credit the same to the medical marijuana program cash fund, which fund is hereby created. SECTION 23. 39-1-102 (1.6), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 39-1-102. Definitions. As used in articles 1 to 13 of this title, unless the context otherwise requires: (1.6) (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PROPERTY THAT IS USED SOLELY FOR THE CULTIVATION OF MEDICAL MARIJUANA SHALL NOT BE CLASSIFIED AS AGRICULTURAL LAND. SECTION 24. 39-26-123 (1) (a.5), (6) (a), and (6) (b) (I), Colorado Revised Statutes, are amended to read: 39-26-123. Receipts – disposition – transfers of general fund surplus – sales tax holding fund – creation – definitions. (1) As used in this section, unless the context otherwise requires: (a.5) “Sales taxes attributable to sales of medical marijuana” means the net revenue raised from the state sales taxes imposed pursuant to this article on the sales of medical marijuana. (6) (a) For any state fiscal year commencing on or after July 1, 2010, the general assembly shall annually appropriate the first two million dollars of sales taxes attributable to sales of medical marijuana or equally appropriate the sales taxes attributable to sales of medical marijuana if two PAGE 19-HOUSE BILL 11-1043 million dollars is not generated TAXES REMITTED, PURSUANT TO THIS ARTICLE, BY PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., OR EQUALLY APPROPRIATE THE SALES TAXES ATTRIBUTABLE TO SALES TAXES REMITTED, PURSUANT TO THIS ARTICLE, BY PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., IF LESS THAN TWO MILLION DOLLARS IS GENERATED. (b) (I) One half of the moneys described in paragraph (a) of this subsection (6) shall be appropriated to the department of human services to be used to provide integrated behavioral health services for juveniles and adults with substance use disorders and mental health treatment needs who are involved with, or at risk of involvement with, the criminal justice system. The moneys described in paragraph (a) of this subsection (6) shall be appropriated to the department of human services to be used to provide integrated behavioral health services for juveniles and adults with substance use disorders or with substance use disorders and mental health treatment needs who are involved with, or at risk of involvement with, the criminal justice system. The department shall ensure that appropriations in this line item are distributed through the department’s designated managed service organizations and community mental health centers. The appropriations shall be based on, including but not limited to substance use and mental health prevalence data that is developed working collaboratively with the managed services organizations and community mental health centers TO BE USED FOR THE CIRCLE PROGRAM THAT PROVIDES INTENSIVE INPATIENT TREATMENT FOR ADULTS WHO SUFFER FROM CO-OCCURRING DISORDERS AT THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO. SECTION 25. 12-36-118, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 12-36-118. Disciplinary action by board – immunity – rules. (19) IF A PHYSICIAN HAS A RESTRICTION PLACED ON HIS OR HER LICENSE, THE RESTRICTION SHALL, IF PRACTICABLE, STATE WHETHER THE RESTRICTION PROHIBITS THE PHYSICIAN FROM MAKING A MEDICAL MARIJUANA RECOMMENDATION. SECTION 26. 12-43.3-202 (2) (a) (I), Colorado Revised Statutes, is amended to read: 12-43.3-202. Powers and duties of state licensing authority – PAGE 20-HOUSE BILL 11-1043 repeal. (2) (a) Rules promulgated pursuant to paragraph (b) of subsection (1) of this section may include, but need not be limited to, the following subjects: (I) Compliance with, enforcement of, or violation of any provision of this article, SECTION 18-18-406.3 (6), C.R.S., or any rule issued pursuant to this article, including procedures and grounds for denying, suspending, fining, restricting, or revoking a state license issued pursuant to this article; SECTION 27. 18-4-412 (2) (a), Colorado Revised Statutes, is amended to read: 18-4-412. Theft of medical records or medical information – penalty. (2) As used in this section: (a) “Medical record” means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health care services, INCLUDING MEDICAL MARIJUANA SERVICES, which are performed at the direction of a physician or other licensed health care provider on behalf of a patient by physicians, dentists, nurses, technicians, emergency medical technicians, mental health professionals, prehospital providers, or other health care personnel. “Medical record” includes such diagnostic documentation as X rays, electrocardiograms, electroencephalograms, and other test results. SECTION 28. 18-18-406.3, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 18-18-406.3. Medical use of marijuana by persons diagnosed with debilitating medical conditions – unlawful acts – penalty – medical marijuana program cash fund. (6) AN OWNER, OFFICER, OR EMPLOYEE OF A BUSINESS LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., OR AN EMPLOYEE OF THE STATE MEDICAL MARIJUANA LICENSING AUTHORITY, A LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY, OR THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, WHO RELEASES OR MAKES PUBLIC A PATIENT’S MEDICAL RECORD OR ANY CONFIDENTIAL INFORMATION CONTAINED IN ANY SUCH RECORD THAT IS PROVIDED TO OR BY THE BUSINESS LICENSED PURSUANT TO ARTICLE 43.3 OF TITLE 12, C.R.S., WITHOUT THE WRITTEN AUTHORIZATION OF THE PATIENT COMMITS A CLASS 1 MISDEMEANOR; EXCEPT THAT THE OWNER, OFFICER, OR EMPLOYEE SHALL PAGE 21-HOUSE BILL 11-1043 RELEASE THE RECORDS OR INFORMATION UPON REQUEST BY THE STATE OR LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY. THE RECORDS OR INFORMATION PRODUCED FOR REVIEW BY THE STATE OR LOCAL LICENSING AUTHORITY SHALL NOT BECOME PUBLIC RECORDS BY VIRTUE OF THE DISCLOSURE AND MAY BE USED ONLY FOR A PURPOSE AUTHORIZED BY ARTICLE 43.3 OF TITLE 12, C.R.S., OR FOR ANOTHER STATE OR LOCAL LAW ENFORCEMENT PURPOSE. THE RECORDS OR INFORMATION SHALL CONSTITUTE MEDICAL DATA AS DEFINED BY SECTION 24-72-204 (3) (a) (I), C.R.S. THE STATE OR LOCAL MEDICAL MARIJUANA LICENSING AUTHORITY MAY DISCLOSE ANY RECORDS OR INFORMATION SO OBTAINED ONLY TO THOSE PERSONS DIRECTLY INVOLVED WITH ANY INVESTIGATION OR PROCEEDING AUTHORIZED BY ARTICLE 43.3 OF TITLE 12, C.R.S., OR FOR ANY STATE OR LOCAL LAW ENFORCEMENT PURPOSE. SECTION 29. 25-1-1202 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 25-1-1202. Index of statutory sections regarding medical record confidentiality and health information. (1) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following: (ee.5) SECTION 18-18-406.3, C.R.S., CONCERNING MEDICAL MARIJUANA PATIENT RECORDS; SECTION 30. Appropriation – adjustments in 2011 long bill. For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2011, shall be adjusted as follows: (1) The general fund appropriation to the department of human services, division of mental health and alcohol and drug abuse services, for mental health institutes, for mental health institute – Pueblo, is increased by one million dollars ($1,000,000) and 14.5 FTE, for the circle program. (2) The general fund appropriation to the department of human services, division of mental health and alcohol and drug abuse services, for co-occurring behavioral health services, for behavioral health services for juveniles and adults at risk or involved in the criminal justice system, is decreased by one million dollars ($1,000,000). PAGE 22-HOUSE BILL 11-1043 (3) The cash funds appropriation to the department of revenue, enforcement business group, medical marijuana enforcement division, is decreased by seven thousand six hundred ninety-six dollars ($7,696) cash funds. Said sum shall be from the medical marijuana license cash fund created in section 12-43.3-501 (1), Colorado Revised Statutes. SECTION 31. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the medical marijuana license cash fund created in section 12-43.3-501 (1), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for allocation to the information technology division, for the fiscal year beginning July 1, 2011, the sum of seven thousand six hundred ninety-six dollars ($7,696) cash funds, or so much thereof as may be necessary, for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated to the governor – lieutenant governor – state planning and budgeting, for allocation to the office of information technology, for the fiscal year beginning July 1, 2011, sum of seven thousand six hundred ninety-six dollars ($7,696), or so much thereof as may be necessary, for the provision of programming services to the department of revenue related to the implementation of this act. Said sum shall be from reappropriated funds received from the department of revenue out of the appropriation made in subsection (1) of this section. SECTION 32. Effective date. This act shall take effect July 1, 2011. PAGE 23-HOUSE BILL 11-1043 SECTION 33. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Frank McNulty Brandon C. Shaffer SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 24-HOUSE BILL 11-1043

Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0773.02 Michael Dohr HOUSE BILL 10-1284 House Committees Senate Committees Judiciary A BILL FOR AN ACT 101 CONCERNING REGULATION OF MEDICAL MARIJUANA. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1. The bill creates the medical marijuana licensing authority (state licensing authority) in the department of revenue. The state licensing authority grants, refuses, or renews a medical marijuana center license after the licensee has received local approval. The state licensing authority also administers aspects of medical marijuana licensure, including rulemaking. Many of the functions and duties of the state licensing authority are similar to those held by the state licensing HOUSE SPONSORSHIP Massey and Summers, McCann, Rice SENATE SPONSORSHIP Romer and Spence, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. authority for alcoholic beverages. Section 2. Under the bill, the department of public health and environment (department) will promulgate new rules related to standards for issuing registry identification cards, documentation for physicians who prescribe medical marijuana, and sanctions for physicians who violate the bill. A physician who certifies that a patient can use medical marijuana shall certify certain information to the department and maintain a record-keeping system for his or her medical marijuana patients. A physician who certifies that a patient can use medical marijuana shall not receive remuneration from or offer it to a primary caregiver, distributor, or any other provider of medical marijuana. The bill requires patients under 21 years of age who want to be registered medical marijuana patients to receive recommendations from 2 doctors. A primary caregiver may serve no more than 5 patients on the registry at one time, unless the department allows more patients due to exceptional circumstances. A patient who is permitted to use medical marijuana must have in his or her possession a registry identification card at all times when in possession of medical marijuana. The bill lists various places and situations in which the patient or primary caregiver may not use or possess medical marijuana. A physician who certifies that a patient can use medical marijuana may not receive remuneration from a primary caregiver related to medical marijuana or from a medical marijuana center. The bill imposes a one-year moratorium on the opening of new medical marijuana centers, but allows current medical marijuana centers to operate for a year before becoming licensed. Section 3. The bill provides an exception to the adulterated food offenses for medical marijuana centers that manufacture or sell food that contains medical marijuana if the food is labeled as containing medical marijuana and the label specifies the amount of medical marijuana. Sections 4, 5, and 6 make conforming amendments. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Title 12, Colorado Revised Statutes, is amended BY 3 THE ADDITION OF A NEW ARTICLE to read: 4 ARTICLE 43.3 5 Medical Marijuana -2- HB10-1284 1 PART 1 2 MEDICAL MARIJUANA LICENSING AUTHORITY 3 12-43.3-101. State licensing authority – creation. (1) FOR THE 4 PURPOSE OF REGULATING AND CONTROLLING THE LICENSING OF THE 5 CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL MARIJUANA IN THIS 6 STATE, THERE IS HEREBY CREATED THE MEDICAL MARIJUANA LICENSING 7 AUTHORITY, WHICH SHALL BE THE EXECUTIVE DIRECTOR OF THE 8 DEPARTMENT OF REVENUE, REFERRED TO IN THIS ARTICLE AS THE 9 “DEPARTMENT”, OR THE DEPUTY DIRECTOR OF THE DEPARTMENT IF THE 10 EXECUTIVE DIRECTOR SO DESIGNATES. 11 (2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL BE THE 12 CHIEF ADMINISTRATIVE OFFICER OF THE MEDICAL MARIJUANA LICENSING 13 AUTHORITY AND MAY EMPLOY, PURSUANT TO SECTION 13 OF ARTICLE XII 14 OF THE STATE CONSTITUTION, SUCH CLERKS AND INSPECTORS AS THE 15 EXECUTIVE DIRECTOR MAY DETERMINE TO BE NECESSARY. 16 12-43.3-102. Duties of state licensing authority – rules. 17 (1) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL: 18 (a) AFTER A MEDICAL MARIJUANA CENTER HAS OBTAINED LOCAL 19 APPROVAL, GRANT, REFUSE, OR RENEW A MEDICAL MARIJUANA CENTER 20 LICENSE FOR THE CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL 21 MARIJUANA AS PROVIDED BY LAW AND SUSPEND OR REVOKE THE LICENSE 22 UPON A VIOLATION OF THIS ARTICLE OR ANY RULE ADOPTED PURSUANT TO 23 THIS ARTICLE; 24 (b) PROMULGATE GENERAL RULES AND MAKE SPECIAL RULINGS 25 AND FINDINGS AS NECESSARY FOR THE PROPER REGULATION AND CONTROL 26 OF THE CULTIVATION, DISTRIBUTION, AND SALE OF MEDICAL MARIJUANA 27 AND FOR THE ENFORCEMENT OF THIS ARTICLE; -3- HB10-1284 (c) HEAR 1 AND DETERMINE AT A PUBLIC HEARING ALL COMPLAINTS 2 AGAINST A MEDICAL MARIJUANA CENTER AND ADMINISTER OATHS AND 3 ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND 4 PRODUCTION OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE 5 DETERMINATION OF ANY HEARING SO HELD; 6 (d) KEEP COMPLETE RECORDS OF ALL ACTS AND TRANSACTIONS OF 7 THE MEDICAL MARIJUANA LICENSING AUTHORITY, ALL OF WHICH RECORDS 8 SHALL BE AVAILABLE FOR INSPECTION BY THE DEPARTMENT AND LAW 9 ENFORCEMENT AGENCIES AND WHICH RECORDS, EXCEPT CONFIDENTIAL 10 REPORTS OBTAINED FROM THE MEDICAL MARIJUANA CENTER LICENSEE 11 SHOWING THE SALES VOLUME OR QUANTITY OF MEDICAL MARIJUANA 12 SOLD, SHALL BE OPEN FOR INSPECTION BY THE PUBLIC; 13 (e) PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND 14 MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS 15 PURSUANT TO SECTION 24-1-136, C.R.S., A REPORT ACCOUNTING TO THE 16 GOVERNOR FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES 17 ASSIGNED BY LAW OR DIRECTIVE TO THE MEDICAL MARIJUANA LICENSING 18 AUTHORITY; 19 (f) DETERMINE THE AMOUNT OF THE STATE LICENSE FEE; AND 20 (g) MAKE A REQUEST BY JANUARY 1, 2012, TO THE FEDERAL DRUG 21 ENFORCEMENT ADMINISTRATION TO CONSIDER RESCHEDULING, FOR 22 PHARMACEUTICAL PURPOSES, MARIJUANA FROM A SCHEDULE I 23 CONTROLLED SUBSTANCE TO A SCHEDULE II CONTROLLED SUBSTANCE. 24 (2) (a) RULES PROMULGATED PURSUANT TO THIS ARTICLE SHALL 25 ADDRESS, BUT NEED NOT BE LIMITED TO, THE FOLLOWING SUBJECTS 26 RELATED TO MEDICAL MARIJUANA: 27 (I) COMPLIANCE WITH, ENFORCEMENT OF, OR VIOLATION OF ANY -4- HB10-1284 PROVISION OF 1 THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO 2 THIS ARTICLE INCLUDING PROCEDURES AND GROUNDS FOR SUSPENDING OR 3 REVOKING THE LICENSE OF A MEDICAL MARIJUANA CENTER; 4 (II) SPECIFICATION OF THE DUTIES OF THE OFFICERS AND 5 EMPLOYEES OF THE MEDICAL MARIJUANA LICENSING AUTHORITY; 6 (III) INSTRUCTIONS FOR LOCAL LICENSING AUTHORITIES AND LAW 7 ENFORCEMENT OFFICERS; 8 (IV) ALL FORMS NECESSARY OR CONVENIENT FOR THE 9 ADMINISTRATION OF THIS ARTICLE; 10 (V) MISREPRESENTATION, UNFAIR PRACTICES, AND UNFAIR 11 COMPETITION; 12 (VI) DEVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS FOR 13 OWNERS, OFFICERS, AND EMPLOYEES OF ENTITIES LICENSED PURSUANT TO 14 THIS ARTICLE, INCLUDING A FINGERPRINT-BASED CRIMINAL HISTORY 15 RECORD CHECK OR A NAME-BASED CRIMINAL HISTORY RECORD CHECK IF 16 THE APPLICANT’S FINGERPRINTS ARE UNCLASSIFIABLE PRIOR TO ISSUING 17 THE CARD; 18 (VII) REGULATION OF STORAGE, WAREHOUSES, AND 19 TRANSPORTATION; 20 (VIII) HEALTH AND SANITARY REQUIREMENTS; 21 (IX) PRACTICES DESIGNED TO AVOID AN UNDUE INCREASE IN THE 22 CONSUMPTION OF MEDICAL MARIJUANA; 23 (X) THE FORM AND CONTENT OF THE LICENSE, IDENTIFICATION 24 CARD, AND RENEWAL APPLICATIONS; 25 (XI) RECORD-KEEPING AND AUDIT REQUIREMENTS FOR MEDICAL 26 MARIJUANA CENTERS; 27 (XII) SECURITY REQUIREMENTS FOR MEDICAL MARIJUANA -5- HB10-1284 1 CENTERS THAT AT A MINIMUM INCLUDE LIGHTING AND ALARMS; 2 (XIII) STATE LICENSING PROCEDURES, INCLUDING RENEWALS, THE 3 FORM AND CONTENT OF LICENSING APPLICATIONS AND LICENSES, AND 4 LICENSING FEES; 5 (XIV) THE REPORTING AND TRANSMITTAL OF MONTHLY SALES TAX 6 PAYMENTS BY MEDICAL MARIJUANA CENTERS; 7 (XV) UNLAWFUL FINANCIAL ARRANGEMENTS BETWEEN LICENSED 8 MEDICAL MARIJUANA CENTERS; 9 (XVI) AUTHORIZATION FOR THE DEPARTMENT TO HAVE ACCESS TO 10 LICENSING INFORMATION TO ENSURE INCOME TAX PAYMENT; 11 (XVII) WHAT CONSTITUTES GOOD MORAL CHARACTER PURSUANT 12 TO SECTION 12-43.3-301 (1) (a) (I); 13 (XVIII) THE SIZE, DIMENSIONS, AND ACCEPTABLE COLORS FOR A 14 MEDICAL MARIJUANA CENTER SIGN AUTHORIZED PURSUANT TO SECTION 15 12-43.3-305 (5); AND 16 (XIX) SUCH OTHER MATTERS AS ARE NECESSARY FOR THE FAIR, 17 IMPARTIAL, STRINGENT, AND COMPREHENSIVE ADMINISTRATION OF THIS 18 ARTICLE. 19 (b) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS 20 DELEGATING TO THE MEDICAL MARIJUANA LICENSING AUTHORITY THE 21 AUTHORITY TO FIX PRICES; 22 (c) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT A 23 LAW ENFORCEMENT AGENCY’S ABILITY TO INVESTIGATE UNLAWFUL 24 ACTIVITY IN RELATION TO A MEDICAL MARIJUANA CENTER. 25 (3) IN ANY HEARING HELD BY THE MEDICAL MARIJUANA LICENSING 26 AUTHORITY PURSUANT TO THIS ARTICLE, A PERSON MAY NOT REFUSE, 27 UPON REQUEST OF THE MEDICAL MARIJUANA LICENSING AUTHORITY, TO -6- HB10-1284 TESTIFY 1 OR PROVIDE OTHER INFORMATION ON THE GROUNDS OF 2 SELF-INCRIMINATION; BUT THE TESTIMONY OR OTHER INFORMATION 3 PRODUCED IN THE HEARING AND ANY INFORMATION DIRECTLY OR 4 INDIRECTLY DERIVED FROM THE TESTIMONY OR OTHER INFORMATION MAY 5 NOT BE USED AGAINST THE PERSON IN ANY CRIMINAL PROSECUTION BASED 6 ON A VIOLATION OF THIS ARTICLE EXCEPT A PROSECUTION FOR PERJURY IN 7 THE FIRST DEGREE COMMITTED IN SO TESTIFYING. CONTINUED REFUSAL 8 TO TESTIFY OR PROVIDE OTHER INFORMATION SHALL CONSTITUTE 9 GROUNDS FOR SUSPENSION OR REVOCATION OF A MEDICAL MARIJUANA 10 CENTER LICENSE GRANTED PURSUANT TO THIS ARTICLE. 11 12-43.3-103. License. (1) FOR THE PURPOSE OF REGULATING THE 12 CULTIVATION, SALE, AND DISTRIBUTION OF MEDICAL MARIJUANA, THE 13 MEDICAL MARIJUANA LICENSING AUTHORITY IN ITS DISCRETION, UPON 14 APPLICATION IN THE PRESCRIBED FORM MADE TO IT, MAY ISSUE AND 15 GRANT TO THE APPLICANT A MEDICAL MARIJUANA CENTER LICENSE, 16 SUBJECT TO THE PROVISIONS AND RESTRICTIONS PROVIDED BY THIS 17 ARTICLE. 18 (2) ALL LICENSES GRANTED PURSUANT TO THIS ARTICLE SHALL BE 19 VALID FOR A PERIOD OF TWO YEARS FROM THE DATE OF ISSUANCE UNLESS 20 REVOKED OR SUSPENDED PURSUANT TO SECTION 12-43.3-401. 21 12-43.3-104. Medical marijuana center license cash fund. ALL 22 MONEYS COLLECTED PURSUANT TO THIS ARTICLE SHALL BE TRANSMITTED 23 TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE MEDICAL 24 MARIJUANA CENTER LICENSE CASH FUND, WHICH FUND IS HEREBY 25 CREATED AND REFERRED TO IN THIS SECTION AS THE “FUND”. THE 26 MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY 27 THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND -7- HB10-1284 INDIRECT COSTS ASSOCIATED WITH 1 IMPLEMENTING THIS ARTICLE. ANY 2 MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSE OF THIS ARTICLE 3 MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED BY LAW. ALL 4 INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF 5 MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY 6 UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT 7 THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT 8 BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND. 9 PART 2 10 STATE AND LOCAL LICENSING PROCESS 11 12-43.3-201. Local authority – applications. PRIOR TO 12 SUBMITTING AN APPLICATION TO THE MEDICAL MARIJUANA LICENSING 13 AUTHORITY FOR A LICENSE DESCRIBED IN SECTION 12-43.3-103, AN 14 APPLICANT SHALL FILE AN APPLICATION FOR APPROVAL WITH THE 15 APPROPRIATE LOCAL LICENSING AUTHORITY, INCLUDING A FEE 16 DETERMINED BY THE LOCAL LICENSING AUTHORITY, ON FORMS PROVIDED 17 BY THE MEDICAL MARIJUANA LICENSING AUTHORITY AND CONTAINING 18 SUCH INFORMATION AS THE MEDICAL MARIJUANA LICENSING AUTHORITY 19 MAY REQUIRE. EACH APPLICATION SHALL BE VERIFIED BY THE OATH OR 20 AFFIRMATION OF SUCH PERSONS AS ARE PRESCRIBED BY THE MEDICAL 21 MARIJUANA LICENSING AUTHORITY. 22 12-43.3-202. Public notice – posting and publication – public 23 hearing. (1) UPON RECEIPT OF AN APPLICATION, EXCEPT AN APPLICATION 24 FOR RENEWAL OR FOR TRANSFER OF OWNERSHIP, A LOCAL LICENSING 25 AUTHORITY SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION NOT 26 LESS THAN THIRTY DAYS AFTER THE FILING DATE OF THE APPLICATION AND 27 SHALL POST AND PUBLISH THE PUBLIC NOTICE THEREOF NOT LESS THAN -8- HB10-1284 TEN DAYS PRIOR TO THE HEARING. 1 PUBLIC NOTICE SHALL BE GIVEN BY THE 2 APPLICANT POSTING A SIGN IN A CONSPICUOUS PLACE ON THE PREMISES 3 FOR WHICH APPLICATION HAS BEEN MADE AND BY PUBLICATION IN A 4 NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE 5 PREMISES ARE LOCATED. 6 (2) NOTICE GIVEN BY POSTING SHALL INCLUDE A SIGN OF SUITABLE 7 MATERIAL, NOT LESS THAN TWENTY-TWO INCHES WIDE AND TWENTY-SIX 8 INCHES HIGH, COMPOSED OF LETTERS NOT LESS THAN ONE INCH IN HEIGHT 9 AND STATING THE TYPE OF LICENSE APPLIED FOR, THE DATE OF THE 10 APPLICATION, THE DATE OF THE HEARING, AND THE NAME AND ADDRESS 11 OF THE APPLICANT, AND SUCH OTHER INFORMATION AS MAY BE REQUIRED 12 TO FULLY APPRISE THE PUBLIC OF THE NATURE OF THE APPLICATION. IF 13 THE APPLICANT IS A PARTNERSHIP, THE SIGN SHALL CONTAIN THE NAMES 14 AND ADDRESSES OF ALL PARTNERS, AND IF THE APPLICANT IS A 15 CORPORATION, AN ASSOCIATION, OR ANOTHER ORGANIZATION, THE SIGN 16 SHALL CONTAIN THE NAMES AND ADDRESSES OF THE PRESIDENT, 17 VICE-PRESIDENT, SECRETARY, AND MANAGER OR OTHER MANAGING 18 OFFICERS. 19 (3) NOTICE GIVEN BY PUBLICATION SHALL CONTAIN THE SAME 20 INFORMATION AS THAT REQUIRED FOR SIGNS. 21 (4) IF THE BUILDING IN WHICH THE MEDICAL MARIJUANA IS TO BE 22 SOLD IS IN EXISTENCE AT THE TIME OF THE APPLICATION, ANY SIGN POSTED 23 AS REQUIRED IN SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE 24 PLACED SO AS TO BE CONSPICUOUS AND PLAINLY VISIBLE TO THE GENERAL 25 PUBLIC. IF THE BUILDING IS NOT CONSTRUCTED AT THE TIME OF THE 26 APPLICATION, THE APPLICANT SHALL POST THE NOTICE ON THE PREMISES 27 UPON WHICH THE BUILDING IS TO BE CONSTRUCTED IN SUCH A MANNER -9- HB10-1284 THAT THE NOTICE SHALL 1 BE CONSPICUOUS AND PLAINLY VISIBLE TO THE 2 GENERAL PUBLIC. 3 (5) (a) AT THE PUBLIC HEARING HELD PURSUANT TO THIS SECTION, 4 EACH PARTY IN INTEREST SHALL BE ALLOWED TO PRESENT EVIDENCE AND 5 TO CROSS-EXAMINE WITNESSES. 6 (b) AS USED IN THIS SUBSECTION (5) AND IN SECTION 12-43.3-203, 7 “PARTY IN INTEREST” MEANS ANY OF THE FOLLOWING: 8 (I) THE APPLICANT; 9 (II) AN ADULT RESIDENT OF THE NEIGHBORHOOD UNDER 10 CONSIDERATION WHO DOES NOT REPRESENT A GROUP IDENTIFIED IN 11 SUBPARAGRAPH (V) OF THIS PARAGRAPH (b); 12 (III) THE OWNER OR MANAGER OF A BUSINESS LOCATED IN THE 13 NEIGHBORHOOD UNDER CONSIDERATION; 14 (IV) THE PRINCIPAL OR REPRESENTATIVE OF A SCHOOL OR DAY 15 CARE CENTER LOCATED WITHIN THE NEIGHBORHOOD AND WITHIN ONE 16 THOUSAND FEET OF THE PREMISES FOR WHICH A MEDICAL MARIJUANA 17 CENTER LICENSE IS UNDER CONSIDERATION; 18 (V) ONE REPRESENTATIVE OF AN ORGANIZED NEIGHBORHOOD 19 GROUP THAT ENCOMPASSES PART OR ALL OF THE NEIGHBORHOOD UNDER 20 CONSIDERATION FROM PRESENTING EVIDENCE SUBJECT TO THIS SECTION. 21 THE REPRESENTATIVE SHALL RESIDE WITHIN THE NEIGHBORHOOD GROUP’S 22 GEOGRAPHIC BOUNDARIES AND SHALL BE A MEMBER OF THE 23 NEIGHBORHOOD GROUP. 24 (VI) A REPRESENTATIVE OF A LOCAL LAW ENFORCEMENT AGENCY. 25 (c) THE LOCAL LICENSING AUTHORITY, IN ITS DISCRETION, MAY 26 LIMIT THE PRESENTATION OF EVIDENCE AND CROSS-EXAMINATION SO AS 27 TO PREVENT REPETITIVE AND CUMULATIVE EVIDENCE OR EXAMINATION. -10- HB10-1284 1 12-43.3-203. Results of local investigation – decision of 2 authorities. (1) NOT LESS THAN FIVE DAYS PRIOR TO THE DATE OF THE 3 HEARING REQUIRED IN SECTION 12-43.3-202, THE LOCAL LICENSING 4 AUTHORITY SHALL MAKE KNOWN ITS FINDINGS, BASED ON THE 5 INFORMATION IN THE APPLICATION, IN WRITING TO THE APPLICANT AND A 6 PARTY IN INTEREST. THE LOCAL LICENSING AUTHORITY HAS AUTHORITY 7 TO REFUSE TO ISSUE AN APPROVAL FOR GOOD CAUSE, SUBJECT TO JUDICIAL 8 REVIEW. 9 (2) (a) BEFORE ENTERING A DECISION APPROVING OR DENYING AN 10 APPLICATION, THE LOCAL LICENSING AUTHORITY SHALL CONSIDER, EXCEPT 11 WHERE THIS ARTICLE SPECIFICALLY PROVIDES OTHERWISE: 12 (I) THE FACTS AND EVIDENCE ADDUCED AS A RESULT OF ITS 13 INVESTIGATION, AS WELL AS ANY OTHER FACTS; 14 (II) THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD FOR 15 THE TYPE OF LICENSE FOR WHICH APPLICATION HAS BEEN MADE; 16 (III) THE DESIRES OF THE ADULT INHABITANTS OF THE 17 NEIGHBORHOOD; 18 (IV) THE NUMBER, TYPE, AND AVAILABILITY OF MEDICAL 19 MARIJUANA OUTLETS LOCATED IN OR NEAR THE NEIGHBORHOOD UNDER 20 CONSIDERATION; AND 21 (V) ANY OTHER PERTINENT MATTERS AFFECTING THE 22 QUALIFICATIONS OF THE APPLICANT FOR THE CONDUCT OF THE TYPE OF 23 BUSINESS PROPOSED. 24 (b) THE LOCAL LICENSING AUTHORITY MAY, BUT IS NOT REQUIRED 25 TO, CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD 26 IN CONSIDERING THE CONVERSION OR TRANSFER OF A LICENSE. 27 (3) A DECISION OF THE LOCAL LICENSING AUTHORITY APPROVING -11- HB10-1284 OR DENYING AN APPLICATION SHAL 1 L BE RELEASED IN WRITING STATING 2 THE REASONS FOR THE DECISION WITHIN THIRTY DAYS AFTER THE DATE OF 3 THE PUBLIC HEARING; EXCEPT THAT A LOCAL LICENSING AUTHORITY MAY 4 DELAY APPROVING AN APPLICATION IF NECESSARY UNDER THE PROVISIONS 5 OF SUBSECTION (4) OF THIS SECTION. THE LOCAL LICENSING AUTHORITY 6 SHALL SEND A COPY OF THE DECISION BY CERTIFIED MAIL TO THE 7 APPLICANT AT THE ADDRESS SHOWN IN THE APPLICATION. A DECISION 8 APPROVING A MEDICAL MARIJUANA CENTER LICENSE MAY INCLUDE A LIMIT 9 ON THE NUMBER OF PATIENTS THE CENTER MAY SERVE IN ORDER TO MEET 10 THE NEEDS AND NECESSITIES OF THE NEIGHBORHOOD. 11 (4) A LOCAL LICENSING AUTHORITY SHALL NOT APPROVE AN 12 APPLICATION UNTIL THE BUILDING IN WHICH THE BUSINESS IS TO BE 13 CONDUCTED IS READY FOR OCCUPANCY WITH THE FURNITURE, FIXTURES, 14 AND EQUIPMENT IN PLACE AS NECESSARY TO COMPLY WITH THE 15 APPLICABLE PROVISIONS OF THIS ARTICLE, AND THEN ONLY AFTER 16 INSPECTION OF THE PREMISES HAS BEEN MADE BY THE LOCAL LICENSING 17 AUTHORITY TO DETERMINE THAT THE APPLICANT HAS COMPLIED WITH THE 18 ARCHITECT’S DRAWING AND THE PLOT PLAN AND DETAILED SKETCH FOR 19 THE INTERIOR OF THE BUILDING SUBMITTED WITH THE APPLICATION. 20 (5) AFTER APPROVAL OF AN APPLICATION, THE LOCAL LICENSING 21 AUTHORITY SHALL NOTIFY THE MEDICAL MARIJUANA LICENSING 22 AUTHORITY OF THE APPROVAL, AND THE MEDICAL MARIJUANA AUTHORITY 23 SHALL INVESTIGATE AND EITHER APPROVE OR DISAPPROVE THE 24 APPLICATION FOR A STATE LICENSE. 25 12-43.3-204. Medical marijuana licensing authority 26 consideration of a license application. (1) THE MEDICAL MARIJUANA 27 LICENSING AUTHORITY SHALL DENY A MEDICAL MARIJUANA CENTER -12- HB10-1284 1 LICENSE IF: 2 (a) THE APPLICANT HAS NOT PAID THE STATE OR LOCAL LICENSING 3 FEE; 4 (b) THE PREMISES ON WHICH THE APPLICANT PROPOSES TO 5 CONDUCT ITS BUSINESS DO NOT MEET THE REQUIREMENTS OF THIS 6 ARTICLE; 7 (c) THE CHARACTER OF THE APPLICANT IS SUCH THAT VIOLATIONS 8 OF THIS ARTICLE WOULD BE LIKELY TO RESULT IF A LICENSE WERE 9 GRANTED; OR 10 (d) THE MEDICAL MARIJUANA LICENSING AUTHORITY DETERMINES 11 THE LICENSES ALREADY GRANTED FOR THE PARTICULAR LOCALITY ARE 12 ADEQUATE FOR THE REASONABLE NEEDS OF THE COMMUNITY BASED ON 13 THE TESTIMONY AND EVIDENCE OF THE MEDICAL NEEDS AND NECESSITY 14 OF THE POTENTIAL CUSTOMERS FOR THE APPROVAL OF THE LICENSE AT THE 15 PROPOSED LOCATION FOR THE SALE OF THE MEDICAL MARIJUANA. 16 (2) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL NOT 17 DENY A MEDICAL MARIJUANA CENTER LICENSE EXCEPT UPON CONCLUSION 18 OF A HEARING CONDUCTED AFTER FIFTEEN DAYS’ NOTICE TO THE 19 APPLICANT AND TO THE LOCAL LICENSING AUTHORITY. THE NOTICE SHALL 20 BE IN WRITING AND SHALL STATE THE GROUNDS UPON WHICH THE 21 APPLICATION MAY BE REFUSED. IF THE APPLICANT DOES NOT RESPOND TO 22 THE NOTICE WITHIN FIFTEEN DAYS AFTER THE DATE OF THE NOTICE, THE 23 MEDICAL MARIJUANA LICENSING AUTHORITY SHALL DENY THE 24 APPLICATION FOR A LICENSE. THE MEDICAL MARIJUANA LICENSING 25 AUTHORITY SHALL CONDUCT THE HEARING IN ACCORDANCE WITH THE 26 PROVISIONS OF SECTION 24-4-105, C.R.S., AND ANY JUDICIAL REVIEW OF 27 THE MEDICAL MARIJUANA LICENSING AUTHORITY’S DECISION SHALL BE -13- HB10-1284 1 PURSUANT TO SECTION 24-4-106, C.R.S. 2 PART 3 3 LICENSE PROVISIONS 4 12-43.3-301. Persons prohibited as licensees. (1) (a) A 5 MEDICAL MARIJUANA CENTER LICENSE ISSUED PURSUANT TO THIS ARTICLE 6 SHALL NOT BE ISSUED TO OR HELD BY: 7 (I) A PERSON WHO IS NOT OF GOOD MORAL CHARACTER. THE 8 APPLICANT FOR A MEDICAL MARIJUANA CENTER LICENSE SHALL PRESENT 9 TESTIMONY AND OPINION EVIDENCE AS WELL AS PETITIONS AND 10 DOCUMENTATION AT THE HEARING HELD PURSUANT TO SECTION 11 12-43.3-202 TO PROVE THAT THE APPLICANT IS QUALIFIED TO HOLD A 12 LICENSE BASED UPON SATISFACTORY PROOF OF GOOD MORAL CHARACTER 13 AS WELL AS THE TESTIMONY OF BUSINESS PERSONS AND NEIGHBORS FROM 14 INSIDE THE DESIGNATED NEIGHBORHOOD OF THE RELEVANT AREA UNDER 15 CONSIDERATION, AS DETERMINED BY THE LOCAL LICENSING AUTHORITY. 16 (II) A NATURAL PERSON UNDER TWENTY-ONE YEARS OF AGE; 17 (III) A LICENSED PHYSICIAN; 18 (IV) A PEACE OFFICER, AS DEFINED IN SECTION 16-2.5-101,C.R.S., 19 OR A FAMILY MEMBER OF A PEACE OFFICER; 20 (V) A PERSON WHO IS DELINQUENT IN FILING ANY TAX RETURNS 21 WITH A TAXING AGENCY; PAYING ANY TAXES, INTEREST, OR PENALTIES; 22 PAYING ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY; REPAYING 23 GOVERNMENT-INSURED STUDENT LOANS; OR PAYING CHILD SUPPORT; 24 (VI) A PERSON WHO HAS BEEN CONVICTED OF ANY FELONY OR OF 25 A MISDEMEANOR PURSUANT TO PART 4 OF ARTICLE 18 OF TITLE 18,C.R.S.; 26 OR 27 (VII) A PERSON WHO EMPLOYEES A PERSON AT THE MEDICAL -14- HB10-1284 1 MARIJUANA CENTER WHO HAS NOT PASSED A CRIMINAL HISTORY RECORD 2 CHECK. 3 (b) IN MAKING A DETERMINATION AS TO CHARACTER OR WHEN 4 CONSIDERING THE CONVICTION OF A CRIME, THE MEDICAL MARIJUANA OR 5 LOCAL LICENSING AUTHORITY SHALL BE GOVERNED BY THE PROVISIONS OF 6 SECTION 24-5-101, C.R.S. 7 (2) AT THE TIME OF FILING AN APPLICATION FOR ISSUANCE OR 8 RENEWAL OF A MEDICAL MARIJUANA CENTER LICENSE, AN APPLICANT 9 SHALL SUBMIT A SET OF HIS OR HER FINGERPRINTS AND FILE PERSONAL 10 HISTORY INFORMATION CONCERNING THE APPLICANT’S QUALIFICATIONS 11 FOR A LICENSE ON FORMS PREPARED BY THE MEDICAL MARIJUANA 12 LICENSING AUTHORITY. THE MEDICAL MARIJUANA LICENSING AUTHORITY 13 SHALL SUBMIT THE FINGERPRINTS TO THE COLORADO BUREAU OF 14 INVESTIGATION FOR THE PURPOSE OF CONDUCTING FINGERPRINT-BASED 15 CRIMINAL HISTORY RECORD CHECKS. THE COLORADO BUREAU OF 16 INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL 17 BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING 18 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE MEDICAL 19 MARIJUANA LICENSING AUTHORITY MAY ACQUIRE A NAME-BASED 20 CRIMINAL HISTORY RECORD CHECK FOR AN APPLICANT OR A LICENSE 21 HOLDER WHO HAS TWICE SUBMITTED TO A FINGERPRINT-BASED CRIMINAL 22 HISTORY RECORD CHECK AND WHOSE FINGERPRINTS ARE UNCLASSIFIABLE. 23 AN APPLICANT WHO HAS PREVIOUSLY SUBMITTED FINGERPRINTS FOR 24 MEDICAL MARIJUANA LICENSING PURPOSES MAY REQUEST THAT THE 25 FINGERPRINTS ON FILE BE USED. THE MEDICAL MARIJUANA LICENSING 26 AUTHORITY SHALL USE THE INFORMATION RESULTING FROM THE 27 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE -15- HB10-1284 AND DETERMINE W 1 HETHER AN APPLICANT IS QUALIFIED TO HOLD A 2 LICENSE PURSUANT TO THIS ARTICLE. THE MEDICAL MARIJUANA 3 LICENSING AUTHORITY MAY VERIFY ANY OF THE INFORMATION AN 4 APPLICANT IS REQUIRED TO SUBMIT. 5 (3) THE LOCAL LICENSING AUTHORITY SHALL MAKE THE FINDINGS 6 OF THE INFORMATION ON THE APPLICATION KNOWN FIVE DAYS PRIOR TO 7 THE HEARING CONDUCTED PURSUANT TO SECTION 12-43.3-202. 8 12-43.3-302. Location restrictions. (1) A MEDICAL MARIJUANA 9 CENTER OPERATION SHALL ESTABLISH LEGAL CONTROL OF ITS PHYSICAL 10 LOCATION. THE PHYSICAL LOCATION SHALL MEET ALL APPLICABLE LOCAL 11 AND STATE ZONING LAWS. 12 (2) A MEDICAL MARIJUANA CENTER OPERATION SHALL NOT BE 13 LOCATED WITHIN ONE THOUSAND FEET OF THE PERIMETER OF A PUBLIC OR 14 PRIVATE ELEMENTARY OR SECONDARY SCHOOL, PRESCHOOL, OR DAY CARE 15 CENTER THAT EXISTED AT THE LOCATION PRIOR TO THE ESTABLISHMENT 16 OF THE OPERATION; EXCEPT THAT THE LOCAL LICENSING AUTHORITY MAY 17 ISSUE A VARIANCE. 18 12-43.3-303. Transfer of ownership and temporary permits. 19 (1) (a) A MEDICAL MARIJUANA CENTER LICENSE GRANTED UNDER THE 20 PROVISIONS OF THIS ARTICLE SHALL NOT BE TRANSFERABLE EXCEPT AS 21 PROVIDED IN THIS SUBSECTION (1). 22 (b) WHEN A MEDICAL MARIJUANA CENTER LICENSE HAS BEEN 23 ISSUED TO A HUSBAND AND WIFE, OR TO GENERAL OR LIMITED PARTNERS, 24 THE DEATH OF A SPOUSE OR PARTNER SHALL NOT REQUIRE THE SURVIVING 25 SPOUSE OR PARTNER TO OBTAIN A NEW LICENSE. ALL RIGHTS AND 26 PRIVILEGES GRANTED UNDER THE ORIGINAL LICENSE SHALL CONTINUE IN 27 FULL FORCE AND EFFECT AS TO THE SURVIVING SPOUSE OR PARTNERS FOR -16- HB10-1284 THE B 1 ALANCE OF THE LICENSE PERIOD. 2 (c) FOR ANY OTHER TRANSFER OF OWNERSHIP, A MEDICAL 3 MARIJUANA CENTER LICENSEE SHALL APPLY TO THE MEDICAL MARIJUANA 4 AND LOCAL LICENSING AUTHORITIES ON FORMS PREPARED AND FURNISHED 5 BY THE MEDICAL MARIJUANA LICENSING AUTHORITY. IN DETERMINING 6 WHETHER TO PERMIT A TRANSFER OF OWNERSHIP, THE MEDICAL 7 MARIJUANA AND LOCAL LICENSING AUTHORITIES SHALL CONSIDER ONLY 8 THE REQUIREMENTS OF SECTION 12-43.3-204. THE LOCAL LICENSING 9 AUTHORITY MAY HOLD A HEARING ON THE APPLICATION FOR TRANSFER OF 10 OWNERSHIP. THE LOCAL LICENSING AUTHORITY SHALL NOT HOLD A 11 HEARING PROVIDED FOR BY THIS PARAGRAPH (c) UNTIL IT HAS 12 CONSPICUOUSLY POSTED A NOTICE OF HEARING ON THE LICENSED 13 PREMISES FOR A PERIOD OF TEN DAYS AND PROVIDED NOTICE OF THE 14 HEARING TO THE APPLICANT AT LEAST TEN DAYS PRIOR TO THE HEARING. 15 ANY TRANSFER OF OWNERSHIP HEARING BY THE MEDICAL MARIJUANA 16 LICENSING AUTHORITY SHALL BE HELD PURSUANT TO SECTION 12-43.3-204 17 (2). 18 (2) NOTWITHSTANDING ANY PROVISIONS OF THIS ARTICLE TO THE 19 CONTRARY, A LOCAL LICENSING AUTHORITY SHALL HAVE DISCRETIONARY 20 AUTHORITY TO ISSUE A TEMPORARY PERMIT TO A TRANSFEREE OF A 21 MEDICAL MARIJUANA CENTER LICENSE APPLICATION APPROVED BY THE 22 LOCAL LICENSING AUTHORITY PURSUANT TO THIS ARTICLE. A TEMPORARY 23 PERMIT SHALL AUTHORIZE A TRANSFEREE TO CONTINUE SELLING MEDICAL 24 MARIJUANA AS PERMITTED UNDER THE PERMANENT LICENSE DURING THE 25 PERIOD IN WHICH AN APPLICATION TO TRANSFER THE OWNERSHIP OF THE 26 LICENSE IS PENDING. 27 (3) A TEMPORARY PERMIT SHALL AUTHORIZE A TRANSFEREE TO -17- HB10-1284 CONDUCT BUSINESS, 1 SELL, AND CULTIVATE MEDICAL MARIJUANA IN 2 ACCORDANCE WITH THE MEDICAL MARIJUANA CENTER LICENSE OF THE 3 TRANSFEROR SUBJECT TO COMPLIANCE WITH ALL OF THE FOLLOWING 4 CONDITIONS: 5 (a) THE PREMISES WHERE MEDICAL MARIJUANA IS SOLD OR 6 CULTIVATED SHALL HAVE BEEN PREVIOUSLY LICENSED BY THE MEDICAL 7 MARIJUANA AND LOCAL LICENSING AUTHORITIES, AND THE MEDICAL 8 MARIJUANA CENTER LICENSE SHALL HAVE BEEN VALID AT THE TIME THE 9 APPLICANT FILED THE APPLICATION FOR TRANSFER OF OWNERSHIP WITH 10 THE LOCAL LICENSING AUTHORITY THAT HAS JURISDICTION TO APPROVE 11 AN APPLICATION FOR A TEMPORARY PERMIT. 12 (b) THE APPLICANT HAS FILED WITH THE LOCAL LICENSING 13 AUTHORITY ON FORMS PROVIDED BY THE MEDICAL MARIJUANA LICENSING 14 AUTHORITY AN APPLICATION FOR THE TEMPORARY PERMIT. THE 15 APPLICATION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE 16 FOLLOWING INFORMATION: 17 (I) THE NAME AND ADDRESS OF THE APPLICANT; 18 (II) THE APPLICANT’S FINANCIAL INTEREST IN THE PROPOSED 19 TRANSFER; 20 (III) THE PREMISES FOR WHICH THE TEMPORARY PERMIT IS 21 SOUGHT; 22 (IV) SUCH OTHER INFORMATION AS THE LOCAL LICENSING 23 AUTHORITY MAY REQUIRE; AND 24 (V) A STATEMENT THAT ALL ACCOUNTS FOR MEDICAL MARIJUANA 25 SOLD TO THE APPLICANT ARE PAID. 26 (c) THE APPLICANT SHALL FILE THE APPLICATION FOR A 27 TEMPORARY PERMIT NO LATER THAN THIRTY DAYS AFTER THE FILING OF -18- HB10-1284 THE APPLICATION FOR TRANSFER 1 OF OWNERSHIP AND SHALL INCLUDE WITH 2 THE APPLICATION PAYMENT OF A TEMPORARY PERMIT FEE NOT TO EXCEED 3 ONE HUNDRED DOLLARS. 4 (d) WHEN APPLYING TO THE LOCAL LICENSING AUTHORITY FOR A 5 TEMPORARY PERMIT, THE APPLICANT SHALL PROVIDE TO THE MEDICAL 6 MARIJUANA LICENSING AUTHORITY, BY FACSIMILE OR OTHERWISE, A COPY 7 OF THE STATEMENT MADE PURSUANT TO SUBPARAGRAPH (V) OF 8 PARAGRAPH (b) OF THIS SUBSECTION (3). THE STATEMENT IS A PUBLIC 9 RECORD AND SHALL BE OPEN TO INSPECTION BY THE PUBLIC. 10 (4) A LOCAL LICENSING AUTHORITY SHALL ISSUE OR DENY A 11 TEMPORARY PERMIT WITHIN FIVE WORKING DAYS AFTER RECEIVING THE 12 APPLICATION. A TEMPORARY PERMIT ISSUED PURSUANT TO THIS SECTION 13 SHALL BE VALID UNTIL SUCH TIME AS THE APPLICATION TO TRANSFER 14 OWNERSHIP OF THE MEDICAL MARIJUANA CENTER LICENSE TO THE 15 APPLICANT IS GRANTED OR DENIED OR FOR ONE HUNDRED TWENTY DAYS, 16 WHICHEVER OCCURS FIRST; EXCEPT THAT, IF THE APPLICATION TO 17 TRANSFER THE LICENSE HAS NOT BEEN GRANTED OR DENIED WITHIN THE 18 ONE-HUNDRED-TWENTY-DAY PERIOD AND THE TRANSFEREE 19 DEMONSTRATES GOOD CAUSE, THE LOCAL LICENSING AUTHORITY MAY, IN 20 ITS DISCRETION, EXTEND THE VALIDITY OF THE TEMPORARY PERMIT FOR 21 AN ADDITIONAL PERIOD NOT TO EXCEED SIXTY DAYS. 22 (5) A LOCAL LICENSING AUTHORITY SHALL ISSUE A TEMPORARY 23 PERMIT IN THE EVENT OF A TRANSFER OF POSSESSION OF THE LICENSED 24 PREMISES BY OPERATION OF LAW, A PETITION IN BANKRUPTCY PURSUANT 25 TO FEDERAL BANKRUPTCY LAW, THE APPOINTMENT OF A RECEIVER, A 26 FORECLOSURE ACTION BY A SECURED PARTY, OR A COURT ORDER 27 DISPOSSESSING THE PRIOR MEDICAL MARIJUANA CENTER LICENSEE OF ALL -19- HB10-1284 RIGHTS OF 1 POSSESSION PURSUANT TO ARTICLE 40 OF TITLE 13, C.R.S. 2 (6) A LOCAL LICENSING AUTHORITY MAY CANCEL, REVOKE, OR 3 SUMMARILY SUSPEND A TEMPORARY PERMIT IF IT DETERMINES THERE IS 4 PROBABLE CAUSE TO BELIEVE THAT THE TRANSFEREE HAS VIOLATED ANY 5 PROVISION OF THIS ARTICLE OR HAS VIOLATED ANY RULE ADOPTED BY THE 6 MEDICAL MARIJUANA OR LOCAL LICENSING AUTHORITY OR HAS FAILED TO 7 TRUTHFULLY DISCLOSE THOSE MATTERS REQUIRED PURSUANT TO THE 8 APPLICATION FORMS REQUIRED BY THE MEDICAL MARIJUANA LICENSING 9 AUTHORITY. 10 12-43.3-304. General license provisions. (1) THIS ARTICLE 11 DOES NOT PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM 12 LIMITING THE NUMBER OF MEDICAL MARIJUANA CENTERS THAT MAY 13 OPERATE IN THE POLITICAL SUBDIVISION OR FROM ENACTING REASONABLE 14 ZONING REGULATIONS APPLICABLE TO MEDICAL MARIJUANA CENTERS 15 BASED ON LOCAL GOVERNMENT ZONING, HEALTH, AND SAFETY LAWS FOR 16 THE DISTRIBUTION OF MEDICAL MARIJUANA. 17 (2) A MEDICAL MARIJUANA CENTER SHALL NOTIFY THE MEDICAL 18 MARIJUANA LICENSING AUTHORITY IN WRITING WITHIN TEN DAYS AFTER 19 AN OFFICER OR EMPLOYEE CEASES TO WORK AT OR OTHERWISE BE 20 ASSOCIATED WITH THE CENTER. THE OFFICER OR EMPLOYEE SHALL 21 SURRENDER HIS OR HER IDENTIFICATION CARD TO THE MEDICAL 22 MARIJUANA LICENSING AUTHORITY. 23 (3) A MEDICAL MARIJUANA CENTER SHALL NOTIFY THE MEDICAL 24 MARIJUANA LICENSING AUTHORITY IN WRITING OF THE NAME, ADDRESS, 25 AND DATE OF BIRTH OF AN OFFICER OR EMPLOYEE BEFORE THE NEW 26 OFFICER OR EMPLOYEE BEGINS WORKING AT OR IS ASSOCIATED WITH THE 27 CENTER OPERATION. THE OFFICER OR EMPLOYEE SHALL PASS A CRIMINAL -20- HB10-1284 HISTORY RECORD CHECK AND OBTAIN THE IDENTIFICATION 1 PRIOR TO BEING 2 ASSOCIATED WITH OR WORKING AT THE MEDICAL MARIJUANA CENTER. 3 (4) A MEDICAL MARIJUANA CENTER SHALL NOT ACQUIRE, POSSESS, 4 CULTIVATE, DELIVER, TRANSFER, TRANSPORT, SUPPLY, OR DISPENSE 5 MARIJUANA FOR ANY PURPOSE EXCEPT TO ASSIST PATIENTS, AS DEFINED 6 BY SECTION 14 (1) (d) OF ARTICLE XVIII OF THE STATE CONSTITUTION. 7 (5) ALL OPERATORS OF A MEDICAL MARIJUANA CENTER SHALL BE 8 RESIDENTS OF COLORADO. 9 12-43.3-305. Medical marijuana center requirements. (1) A 10 MEDICAL MARIJUANA CENTER SHALL BE A COLORADO NONPROFIT 11 CORPORATION, BUT NEED NOT BE DESIGNATED AS A NONPROFIT 12 CORPORATION BY THE FEDERAL GOVERNMENT. 13 (2) A MEDICAL MARIJUANA CENTER MAY OPERATE ONLY BETWEEN 14 THE HOURS OF 8 A.M. AND 7 P.M., MONDAY THROUGH SUNDAY. A 15 MEDICAL MARIJUANA CENTER SHALL NOT PERMIT SMOKING OR 16 CONSUMPTION OF MEDICAL MARIJUANA ON ITS PREMISES. 17 (3) (a) A MEDICAL MARIJUANA CENTER MAY POSSESS NO MORE 18 THAN SIX MEDICAL MARIJUANA PLANTS AND TWO OUNCES OF MEDICAL 19 MARIJUANA FOR EACH PATIENT WHO HAS REGISTERED THE CENTER AS HIS 20 OR HER PRIMARY CENTER PURSUANT TO SECTION 25-1.5-106 (10) (e), 21 C.R.S.; EXCEPT THAT A MEDICAL MARIJUANA CENTER MAY HAVE A TOTAL 22 OF NO MORE THAN THREE THOUSAND MEDICAL MARIJUANA PLANTS AND 23 NO MORE THAN ONE THOUSAND OUNCES OF MEDICAL MARIJUANA IN ITS 24 INVENTORY AT ANY ONE TIME. 25 (b) A MEDICAL MARIJUANA CENTER MAY CULTIVATE ITS OWN 26 MEDICAL MARIJUANA OR PURCHASE IT FROM ANOTHER LICENSED MEDICAL 27 MARIJUANA CENTER IN COLORADO. A MEDICAL MARIJUANA CENTER MAY -21- HB10-1284 1 NOT PURCHASE MEDICAL MARIJUANA FROM A SOURCE OTHER THAN A 2 LICENSED COLORADO MEDICAL MARIJUANA CENTER AND THE CENTER MAY 3 PURCHASE MEDICAL MARIJUANA ONLY IN AN AMOUNT THAT IS TEN 4 PERCENT OR LESS OF THE CENTER’S TOTAL INVENTORY OF MEDICAL 5 MARIJUANA. A MEDICAL MARIJUANA CENTER MAY SELL NO MORE THAN 6 TEN PERCENT OF ITS INVENTORY TO OTHER LICENSED MEDICAL MARIJUANA 7 CENTERS. A MEDICAL MARIJUANA CENTER SHALL ONLY PURCHASE OR 8 SELL MEDICAL MARIJUANA THAT IS CULTIVATED IN COLORADO. 9 (c) A MEDICAL MARIJUANA CENTER SHALL KEEP RECORDS 10 NECESSARY TO ENSURE ITS COMPLIANCE WITH THIS SUBSECTION (3). 11 (4) A MEDICAL MARIJUANA CENTER SHALL ALLOW REASONABLE 12 INSPECTION OF ITS PREMISES BY THE MEDICAL MARIJUANA LICENSING 13 AUTHORITY, INCLUDING DURING REASONABLE BUSINESS HOURS. 14 (5) A MEDICAL MARIJUANA CENTER MAY ONLY DISPLAY ONE 15 IDENTIFICATION SIGN AT ITS LOCATION. THE SIGN MAY NOT CONTAIN THE 16 NAME OR LOGO OF THE CENTER LOCATION AND SHALL CONFORM TO THE 17 RULES PROMULGATED BY THE MEDICAL MARIJUANA AUTHORITY PURSUANT 18 TO SECTION 12-43.3-102 (2) (a) (XVIII). 19 (6) A MEDICAL MARIJUANA CENTER THAT ADVERTISES ITS 20 SERVICES SHALL NOT: 21 (a) USE DEPICTIONS OF ANY PART OF THE MARIJUANA PLANT, THE 22 WHOLE PLANT, MARIJUANA LEAVES, OR PARAPHERNALIA IN THE 23 ADVERTISING; 24 (b) USE A LOGO OR ANY FORM OF BRANDING IN THE ADVERTISING; 25 OR 26 (c) PROVIDE ANY PRICING FOR ITS PRODUCTS IN THE ADVERTISING. 27 (7) A VIOLATION OF ANY OF SUBSECTIONS (1) TO (6) OF THIS -22- HB10-1284 SECTION I 1 S GROUNDS FOR SUSPENSION OR REVOCATION OF A MEDICAL 2 MARIJUANA CENTER LICENSE. 3 PART 4 4 DISCIPLINARY ACTIONS 5 12-43.3-401. Suspension – revocation – fines. (1) IN ADDITION 6 TO ANY OTHER PENALTIES PRESCRIBED BY THIS ARTICLE, THE MEDICAL 7 MARIJUANA LICENSING AUTHORITY HAS THE POWER, ON ITS OWN MOTION 8 OR ON COMPLAINT, AFTER INVESTIGATION AND PUBLIC HEARING AT WHICH 9 THE MEDICAL MARIJUANA CENTER LICENSEE SHALL BE AFFORDED AN 10 OPPORTUNITY TO BE HEARD, TO SUSPEND OR REVOKE A MEDICAL 11 MARIJUANA CENTER LICENSE ISSUED BY THE AUTHORITY. THE MEDICAL 12 MARIJUANA AUTHORITY MAY SUSPEND OR REVOKE A LICENSE FOR ANY 13 VIOLATION BY THE LICENSEE OR BY A PRINCIPAL OFFICER, A BOARD 14 MEMBER, AN AGENT, OR AN EMPLOYEE OF THE LICENSEE OF THE 15 PROVISIONS OF THIS ARTICLE OR ANY OF THE RULES AUTHORIZED 16 PURSUANT TO THIS ARTICLE OR OF ANY OF THE TERMS, CONDITIONS, OR 17 PROVISIONS OF THE LICENSE ISSUED BY THE AUTHORITY. THE MEDICAL 18 MARIJUANA LICENSING AUTHORITY HAS THE POWER TO ADMINISTER OATHS 19 AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND THE 20 PRODUCTION OF PAPERS, BOOKS, AND RECORDS NECESSARY TO THE 21 DETERMINATION OF ANY HEARING THAT THE LICENSING AUTHORITY IS 22 AUTHORIZED TO CONDUCT. 23 (2) THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL 24 PROVIDE NOTICE OF SUSPENSION OR REVOCATION, AS WELL AS ANY 25 REQUIRED NOTICE OF A HEARING, BY MAILING THE SAME IN WRITING TO 26 THE MEDICAL MARIJUANA CENTER LICENSEE AT THE ADDRESS CONTAINED 27 IN THE MEDICAL MARIJUANA CENTER LICENSE. A SUSPENSION SHALL NOT -23- HB10-1284 BE FOR A LONGER PE 1 RIOD THAN SIX MONTHS. IF A LICENSE IS SUSPENDED 2 OR REVOKED, NO PART OF THE FEES PAID FOR THE LICENSE SHALL BE 3 RETURNED TO THE LICENSEE. THE MEDICAL MARIJUANA LICENSING 4 AUTHORITY MAY SUMMARILY SUSPEND A LICENSE WITHOUT NOTICE 5 PENDING ANY PROSECUTION, INVESTIGATION, OR PUBLIC HEARING. 6 NOTHING IN THIS SECTION SHALL PREVENT THE SUMMARY SUSPENSION OF 7 A LICENSE FOR A TEMPORARY PERIOD OF NOT MORE THAN FIFTEEN DAYS. 8 (3) (a) WHENEVER A DECISION OF THE MEDICAL MARIJUANA 9 LICENSING AUTHORITY SUSPENDING A MEDICAL MARIJUANA CENTER 10 LICENSE FOR FOURTEEN DAYS OR LESS BECOMES FINAL, WHETHER BY 11 FAILURE OF THE LICENSEE TO APPEAL THE DECISION OR BY EXHAUSTION OF 12 ALL APPEALS AND JUDICIAL REVIEW, THE LICENSEE MAY, BEFORE THE 13 OPERATIVE DATE OF THE SUSPENSION, PETITION FOR PERMISSION TO PAY 14 A FINE IN LIEU OF HAVING THE LICENSE SUSPENDED FOR ALL OR PART OF 15 THE SUSPENSION PERIOD. UPON THE RECEIPT OF THE PETITION, THE 16 MEDICAL MARIJUANA LICENSING AUTHORITY MAY, IN ITS SOLE 17 DISCRETION, STAY THE PROPOSED SUSPENSION AND CAUSE ANY 18 INVESTIGATION TO BE MADE THAT IT DEEMS DESIRABLE AND MAY, IN ITS 19 SOLE DISCRETION, GRANT THE PETITION IF IT IS SATISFIED: 20 (I) THAT THE PUBLIC WELFARE AND MORALS WOULD NOT BE 21 IMPAIRED BY PERMITTING THE MEDICAL MARIJUANA CENTER LICENSEE TO 22 OPERATE DURING THE PERIOD SET FOR SUSPENSION AND THAT THE 23 PAYMENT OF THE FINE WILL ACHIEVE THE DESIRED DISCIPLINARY 24 PURPOSES; 25 (II) THAT THE BOOKS AND RECORDS OF THE MEDICAL MARIJUANA 26 CENTER LICENSEE ARE KEPT IN SUCH A MANNER THAT THE LOSS OF SALES 27 THAT THE LICENSEE WOULD HAVE SUFFERED HAD THE SUSPENSION GONE -24- HB10-1284 INTO EFFECT 1 CAN BE DETERMINED WITH REASONABLE ACCURACY 2 THEREFROM; AND 3 (III) THAT THE MEDICAL MARIJUANA CENTER LICENSEE HAS NOT 4 HAD HIS OR HER MEDICAL MARIJUANA CENTER LICENSE SUSPENDED OR 5 REVOKED, NOR HAD ANY SUSPENSION STAYED BY PAYMENT OF A FINE, 6 DURING THE TWO YEARS IMMEDIATELY PRECEDING THE DATE OF THE 7 MOTION OR COMPLAINT THAT HAS RESULTED IN A FINAL DECISION TO 8 SUSPEND THE LICENSE. 9 (b) THE FINE ACCEPTED SHALL BE NOT LESS THAN FIVE HUNDRED 10 DOLLARS NOR MORE THAN ONE HUNDRED THOUSAND DOLLARS. 11 (c) PAYMENT OF A FINE PURSUANT TO THE PROVISIONS OF THIS 12 SUBSECTION (3) SHALL BE IN THE FORM OF CASH OR IN THE FORM OF A 13 CERTIFIED CHECK OR CASHIER’S CHECK MADE PAYABLE TO THE MEDICAL 14 MARIJUANA LICENSING AUTHORITY. 15 (4) UPON PAYMENT OF A FINE PURSUANT TO SUBSECTION (3) OF 16 THIS SECTION, THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL 17 ENTER ITS FURTHER ORDER PERMANENTLY STAYING THE IMPOSITION OF 18 THE SUSPENSION. FINES PAID TO THE MEDICAL MARIJUANA LICENSING 19 AUTHORITY PURSUANT TO SUBSECTION (3) OF THIS SECTION SHALL BE 20 TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO 21 THE STATE GENERAL FUND. 22 (5) IN CONNECTION WITH ANY PETITION PURSUANT TO SUBSECTION 23 (3) OF THIS SECTION, THE MEDICAL MARIJUANA LICENSING AUTHORITY IS 24 LIMITED TO THE GRANTING OF SUCH STAYS AS ARE NECESSARY FOR IT TO 25 COMPLETE ITS INVESTIGATION AND MAKE ITS FINDINGS AND, IF IT MAKES 26 SUCH FINDINGS, TO THE GRANTING OF AN ORDER PERMANENTLY STAYING 27 THE IMPOSITION OF THE ENTIRE SUSPENSION OR THAT PORTION OF THE -25- HB10-1284 1 SUSPENSION NOT OTHERWISE CONDITIONALLY STAYED. 2 (6) IF THE MEDICAL MARIJUANA LICENSING AUTHORITY DOES NOT 3 MAKE THE FINDINGS REQUIRED IN PARAGRAPH (a) OF SUBSECTION (3) OF 4 THIS SECTION AND DOES NOT ORDER THE SUSPENSION PERMANENTLY 5 STAYED, THE SUSPENSION SHALL GO INTO EFFECT ON THE OPERATIVE DATE 6 FINALLY SET BY THE MEDICAL MARIJUANA LICENSING AUTHORITY. 7 (7) NO LATER THAN JANUARY 15 OF EACH YEAR, THE MEDICAL 8 MARIJUANA LICENSING AUTHORITY SHALL COMPILE A REPORT OF THE 9 PRECEDING YEAR’S ACTIONS IN WHICH FINES, SUSPENSIONS, OR 10 REVOCATIONS WERE IMPOSED BY THE MEDICAL MARIJUANA LICENSING 11 AUTHORITY. THE MEDICAL MARIJUANA LICENSING AUTHORITY SHALL FILE 12 ONE COPY OF SAID REPORT WITH THE CHIEF CLERK OF THE HOUSE OF 13 REPRESENTATIVES, ONE COPY WITH THE SECRETARY OF THE SENATE, AND 14 SIX COPIES IN THE JOINT LEGISLATIVE LIBRARY. 15 PART 5 16 JUDICIAL REVIEW 17 12-43.3-501. Judicial review. A PERSON APPLYING TO THE COURT 18 FOR A REVIEW OF THE MEDICAL MARIJUANA LICENSING AUTHORITY’S 19 DECISION DENYING THE ISSUANCE OR RENEWAL OF A LICENSE OR A LOCAL 20 LICENSING AUTHORITY’S DECISION GRANTING OR DENYING APPROVAL 21 SHALL APPLY FOR REVIEW WITHIN THIRTY DAYS AFTER THE DATE OF THE 22 DECISION BY THE LOCAL LICENSING AUTHORITY OR, IN THE CASE OF A 23 REVIEW OF A DECISION BY THE MEDICAL MARIJUANA LICENSING 24 AUTHORITY, WITHIN THIRTY DAYS AFTER THE DATE OF THE DECISION BY 25 THE MEDICAL MARIJUANA LICENSING AUTHORITY. THE PERSON APPLYING 26 FOR REVIEW SHALL BE REQUIRED TO PAY THE COST OF PREPARING A 27 TRANSCRIPT OF PROCEEDINGS BEFORE THE LICENSING AUTHORITY IF HE OR -26- HB10-1284 SHE REQUESTS A TRANSCRIPT OR IF 1 THE LICENSING AUTHORITY FURNISHES 2 A TRANSCRIPT PURSUANT TO COURT ORDER. 3 SECTION 2. 25-1.5-106, Colorado Revised Statutes, is amended 4 to read: 5 25-1.5-106. Medical marijuana program – powers and duties 6 of the state health agency. (1) Legislative declaration. (a) THE 7 GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS NECESSARY TO 8 IMPLEMENT RULES TO ENSURE THAT PATIENTS SUFFERING FROM 9 LEGITIMATE DEBILITATING MEDICAL CONDITIONS ARE ABLE TO SAFELY 10 GAIN ACCESS TO MEDICAL MARIJUANA AND TO ENSURE THAT THESE 11 PATIENTS: 12 (I) ARE NOT SUBJECT TO CRIMINAL PROSECUTION FOR THEIR USE 13 OF MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF ARTICLE 14 XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES OF THE 15 STATE HEALTH AGENCY; AND 16 (II) ARE ABLE TO ESTABLISH AN AFFIRMATIVE DEFENSE TO THEIR 17 USE OF MEDICAL MARIJUANA IN ACCORDANCE WITH SECTION 14 OF 18 ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE 19 RULES OF THE STATE HEALTH AGENCY. 20 (b) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS 21 NECESSARY TO IMPLEMENT RULES TO PREVENT PERSONS WHO DO NOT 22 SUFFER FROM LEGITIMATE DEBILITATING MEDICAL CONDITIONS FROM 23 USING SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION AS A 24 MEANS TO SELL, ACQUIRE, POSSESS, PRODUCE, USE, OR TRANSPORT 25 MARIJUANA IN VIOLATION OF STATE AND FEDERAL LAWS. 26 (2) Definitions. IN ADDITION TO THE DEFINITIONS SET FORTH IN 27 SECTION 14 (1) OF ARTICLE XVIII OF THE STATE CONSTITUTION, AS USED -27- HB10-1284 IN THIS SECTION, UNLESS THE CONTEXT O 1 THERWISE REQUIRES: 2 (a) “BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP”, FOR PURPOSES 3 OF THE MEDICAL MARIJUANA PROGRAM, MEANS: 4 (I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR 5 COUNSELING RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS 6 COMPLETED A FULL ASSESSMENT OF THE PATIENT’S MEDICAL HISTORY AND 7 CURRENT MEDICAL CONDITION, INCLUDING A PERSONAL PHYSICAL 8 EXAMINATION; 9 (II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH 10 RESPECT TO THE PATIENT’S DEBILITATING MEDICAL CONDITION BEFORE 11 THE PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND 12 (III) THE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE 13 FOLLOW-UP CARE AND TREATMENT TO THE PATIENT, INCLUDING BUT NOT 14 LIMITED TO PATIENT EXAMINATIONS, TO DETERMINE THE EFFICACY OF THE 15 USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT’S 16 DEBILITATING MEDICAL CONDITION. 17 (b) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF 18 THE STATE HEALTH AGENCY. 19 (c) “IN GOOD STANDING”, WITH RESPECT TO A PHYSICIAN’S 20 LICENSE, MEANS: 21 (I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF 22 OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL; 23 (II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO 24 PRACTICE MEDICINE IN COLORADO; AND 25 (III) THE PHYSICIAN HAS A VALID AND UNRESTRICTED UNITED 26 STATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT 27 ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION. -28- HB10-1284 1 (d) “MEDICAL MARIJUANA PROGRAM” MEANS THE PROGRAM 2 ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE 3 CONSTITUTION AND THIS SECTION. 4 (e) “PRIMARY CAREGIVER” MEANS A NATURAL PERSON, OTHER 5 THAN THE PATIENT OR THE PATIENT’S PHYSICIAN, WHO IS EIGHTEEN YEARS 6 OF AGE OR OLDER AND HAS SIGNIFICANT RESPONSIBILITY FOR MANAGING 7 THE WELL-BEING OF A PATIENT WHO HAS A DEBILITATING MEDICAL 8 CONDITION. 9 (f) “REGISTRY IDENTIFICATION CARD” MEANS THE 10 NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD 11 ISSUED BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY 12 CAREGIVERS PURSUANT TO THIS SECTION. 13 (g) “STATE HEALTH AGENCY” MEANS THE PUBLIC HEALTH RELATED 14 ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY 15 EXECUTIVE ORDER PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE 16 STATE CONSTITUTION. 17 (1) (3) Rule-making. (a) The department STATE HEALTH AGENCY 18 shall, pursuant to section 14 of article XVIII of the state constitution, 19 promulgate rules of administration concerning the implementation of the 20 medical marijuana program established by such section and that 21 specifically govern the following: 22 (a) (I) The establishment and maintenance of a confidential 23 registry of patients who have applied for and are entitled to receive a 24 registry identification card. THE CONFIDENTIAL REGISTRY OF PATIENTS 25 MAY BE USED TO DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED 26 TO THE COLORADO STATE BOARD OF MEDICAL EXAMINERS FOR A 27 SUSPECTED VIOLATION OF SECTION 14 OF ARTICLE XVIII OF THE STATE -29- HB10-1284 CONSTITUTION, 1 PARAGRAPH (a), (b), OR (c) OF SUBSECTION (4) OF THIS 2 SECTION, OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY 3 PURSUANT TO THIS SUBSECTION (3). 4 (b) (II) The development by the department STATE HEALTH 5 AGENCY of an application form and THE PROCESS FOR making such THE 6 form available to residents of this state seeking to be listed on the 7 confidential registry of patients who are entitled to receive a registry 8 identification card; 9 (c) (III) The verification by the department STATE HEALTH AGENCY 10 of medical information concerning patients who have applied for a 11 confidential registry IDENTIFICATION card OR FOR RENEWAL OF A 12 REGISTRY IDENTIFICATION CARD; 13 (IV) THE DEVELOPMENT BY THE STATE HEALTH AGENCY OF A 14 FORM THAT CONSTITUTES “WRITTEN DOCUMENTATION” AS DEFINED AND 15 USED IN SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, 16 WHICH FORM A PHYSICIAN SHALL USE WHEN MAKING A MEDICAL 17 MARIJUANA RECOMMENDATION FOR A PATIENT; 18 (d) (V) The CONDITIONS FOR issuance AND RENEWAL, and THE 19 form, of confidential THE registry identification cards ISSUED TO 20 PATIENTS, INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING 21 THAT THE STATE HEALTH AGENCY ISSUES A REGISTRY IDENTIFICATION 22 CARD TO A PATIENT ONLY IF HE OR SHE HAS A BONA FIDE 23 PHYSICIAN-PATIENT RELATIONSHIP WITH A PHYSICIAN IN GOOD STANDING 24 AND LICENSED TO PRACTICE MEDICINE IN THE STATE OF COLORADO; 25 (e) (VI) Communications with law enforcement officials about 26 confidential registry identification cards that have been suspended where 27 WHEN a patient is no longer diagnosed as having a debilitating medical -30- HB10-1284 1 condition; and 2 (f) (VII) The manner in which the department STATE HEALTH 3 AGENCY may consider adding debilitating medical conditions to the list 4 of debilitating medical conditions contained in section 14 of article XVIII 5 of the state constitution. 6 (b) THE STATE HEALTH AGENCY MAY PROMULGATE RULES 7 REGARDING THE FOLLOWING: 8 (I) WHAT CONSTITUTES “SIGNIFICANT RESPONSIBILITY FOR 9 MANAGING THE WELL-BEING OF A PATIENT”; EXCEPT THAT THE ACT OF 10 SUPPLYING MEDICAL MARIJUANA OR MARIJUANA PARAPHERNALIA, BY 11 ITSELF, IS INSUFFICIENT TO CONSTITUTE “SIGNIFICANT RESPONSIBILITY FOR 12 MANAGING THE WELL-BEING OF A PATIENT”; 13 (II) THE DEVELOPMENT OF A FORM FOR A PRIMARY CAREGIVER TO 14 USE IN APPLYING TO THE REGISTRY, WHICH FORM SHALL REQUIRE, AT A 15 MINIMUM, THAT THE APPLICANT PROVIDE HIS OR HER FULL NAME, HOME 16 ADDRESS, DATE OF BIRTH, AND LIST OF CRIMINAL CONVICTIONS, IF ANY, 17 AND AN ATTESTATION THAT THE APPLICANT HAS A SIGNIFICANT 18 RESPONSIBILITY FOR MANAGING THE WELL-BEING OF THE PATIENT FOR 19 WHOM HE OR SHE IS DESIGNATED AS THE PRIMARY CAREGIVER AND THAT 20 HE OR SHE UNDERSTANDS AND WILL ABIDE BY SECTION 14 OF ARTICLE 21 XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES 22 PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS 23 SECTION; 24 (III) THE DEVELOPMENT OF A FORM THAT CONSTITUTES “WRITTEN 25 DOCUMENTATION”, AS DEFINED AND USED IN SECTION 14 OF ARTICLE 26 XVIII OF THE STATE CONSTITUTION, WHICH FORM A PHYSICIAN SHALL USE 27 WHEN MAKING A MEDICAL MARIJUANA RECOMMENDATION FOR A PATIENT; -31- HB10-1284 1 AND 2 (IV) THE GROUNDS AND PROCEDURE FOR A PATIENT TO CHANGE 3 HIS OR HER DESIGNATED PRIMARY CAREGIVER. 4 (c) ON THE EFFECTIVE DATE OF THE RULES PROMULGATED 5 PURSUANT TO THIS SUBSECTION (3), THE MEDICAL MARIJUANA PROGRAM 6 RULES ADOPTED BY THE STATE BOARD OF HEALTH ARE REPEALED. 7 (4) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING 8 MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA 9 PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS: 10 (a) THE PHYSICIAN SHALL HAVE A VALID, UNRESTRICTED 11 COLORADO LICENSE TO PRACTICE MEDICINE, WHICH LICENSE IS IN GOOD 12 STANDING. 13 (b) THE PHYSICIAN MAY CERTIFY TO THE STATE HEALTH AGENCY 14 THAT A PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE 15 PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA ONLY IF THE 16 PHYSICIAN HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP WITH THE 17 PATIENT APPLYING FOR THE MEDICAL MARIJUANA PROGRAM. 18 (c) THE PHYSICIAN SHALL MAINTAIN A RECORD-KEEPING SYSTEM 19 FOR ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED THE 20 MEDICAL USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION 21 INITIATED PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN 22 SHALL PRODUCE SUCH MEDICAL RECORDS TO THE COLORADO STATE 23 BOARD OF MEDICAL EXAMINERS AFTER REDACTING ANY PATIENT OR 24 PRIMARY CAREGIVER IDENTIFYING INFORMATION. 25 (d) A PHYSICIAN SHALL NOT: 26 (I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY 27 REMUNERATION FROM OR TO A PRIMARY CAREGIVER, DISTRIBUTOR, OR -32- HB10-1284 1 ANY OTHER PROVIDER OF MEDICAL MARIJUANA; 2 (II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A 3 PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRIMARY 4 CAREGIVER, DISTRIBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA 5 TO PROCURE MEDICAL MARIJUANA; 6 (III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A 7 DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL 8 MARIJUANA IS SOLD OR DISTRIBUTED; OR 9 (IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT 10 PROVIDES OR DISTRIBUTES MEDICAL MARIJUANA IF THE PHYSICIAN 11 CERTIFIES THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR 12 PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM. 13 (5) Patients age eighteen to twenty-one years. A PATIENT WHO 14 IS BETWEEN EIGHTEEN AND TWENTY-ONE YEARS OF AGE, UNLESS THE 15 PATIENT IS LEGALLY EMANCIPATED, WHO APPLIES TO BE PLACED ON THE 16 CONFIDENTIAL REGISTRY OF MEDICAL MARIJUANA PATIENTS SHALL 17 PROVIDE DOCUMENTATION OF MEDICAL MARIJUANA USE 18 RECOMMENDATIONS FROM TWO SEPARATE PHYSICIANS WHO ADVISED THE 19 PATIENT AT SEPARATE APPOINTMENTS. THE DOCUMENTATION SHALL 20 PROVIDE THAT THE PHYSICIANS DIAGNOSED THE PATIENT WITH A 21 DEBILITATING MEDICAL CONDITION AND ADVISED THE PATIENT THAT THE 22 PATIENT MIGHT BENEFIT FROM THE MEDICAL USE OF MARIJUANA IN 23 CONNECTION WITH THE DEBILITATING MEDICAL CONDITION. 24 (6) Enforcement. (a) IF THE STATE HEALTH AGENCY HAS 25 REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED 26 SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH 27 (a), (b), OR (c) OF SUBSECTION (4) OF THIS SECTION, OR THE RULES -33- HB10-1284 PROMULGATED BY THE STATE H 1 EALTH AGENCY PURSUANT TO SUBSECTION 2 (3) OF THIS SECTION, THE STATE HEALTH AGENCY MAY REFER THE MATTER 3 TO THE COLORADO STATE BOARD OF MEDICAL EXAMINERS CREATED IN 4 SECTION 12-36-103,C.R.S., FOR AN INVESTIGATION AND DETERMINATION. 5 (b) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO 6 BELIEVE THAT A PHYSICIAN HAS VIOLATED PARAGRAPH (d) OF SUBSECTION 7 (4) OF THIS SECTION, THE STATE HEALTH AGENCY SHALL CONDUCT A 8 HEARING PURSUANT TO SECTION 24-4-104, C.R.S., TO DETERMINE 9 WHETHER A VIOLATION HAS OCCURRED. 10 (c) UPON A FINDING OF UNPROFESSIONAL CONDUCT PURSUANT TO 11 SECTION 12-36-117 (1) (mm), C.R.S., BY THE COLORADO STATE BOARD 12 OF MEDICAL EXAMINERS OR A FINDING OF A VIOLATION OF PARAGRAPH (d) 13 OF SUBSECTION (4) OF THIS SECTION BY THE STATE HEALTH AGENCY, THE 14 STATE HEALTH AGENCY SHALL RESTRICT A PHYSICIAN’S AUTHORITY TO 15 RECOMMEND THE USE OF MEDICAL MARIJUANA, WHICH RESTRICTION MAY 16 INCLUDE THE REVOCATION OR SUSPENSION OF A PHYSICIAN’S PRIVILEGE TO 17 RECOMMEND MEDICAL MARIJUANA. THE RESTRICTION SHALL BE IN 18 ADDITION TO ANY SANCTION IMPOSED BY THE COLORADO STATE BOARD 19 OF MEDICAL EXAMINERS. 20 (d) WHEN THE STATE HEALTH AGENCY HAS OBJECTIVE AND 21 REASONABLE GROUNDS TO BELIEVE AND FINDS, UPON A FULL 22 INVESTIGATION, THAT A PHYSICIAN HAS BEEN GUILTY OF DELIBERATE AND 23 WILLFUL VIOLATION OF SECTION 14 OF ARTICLE XVIII OF THE STATE 24 CONSTITUTION, OF THIS SECTION, OR OF THE RULES PROMULGATED BY THE 25 STATE HEALTH AGENCY PURSUANT TO SUBSECTION (3) OF THIS SECTION, 26 OR THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY 27 REQUIRES EMERGENCY ACTION, AND THE EXECUTIVE DIRECTOR -34- HB10-1284 INCORPORATES THOSE FINDINGS I 1 NTO HIS OR HER ORDER, THE EXECUTIVE 2 DIRECTOR MAY ORDER THAT THE STATE HEALTH AGENCY SUMMARILY 3 SUSPEND A PHYSICIAN’S AUTHORITY TO RECOMMEND THE USE OF MEDICAL 4 MARIJUANA PENDING THE PROCEEDINGS SET FORTH IN PARAGRAPH (a) OR 5 (b) OF THIS SUBSECTION (6), WHICH SHALL BE PROPERLY INSTITUTED AND 6 DETERMINED. FOR PURPOSES OF THIS PARAGRAPH (d), “FULL 7 INVESTIGATION” MEANS A REASONABLE ASCERTAINMENT OF THE 8 UNDERLYING FACTS ON WHICH THE ACTION IS BASED. 9 (7) Renewal of patient identification card upon criminal 10 conviction. A PATIENT WHO IS CONVICTED OF A CRIMINAL OFFENSE 11 UNDER ARTICLE 18 OF TITLE 18, C.R.S., SENTENCED OR ORDERED BY A 12 COURT TO DRUG OR SUBSTANCE ABUSE TREATMENT, OR SENTENCED TO 13 THE DIVISION OF YOUTH CORRECTIONS, SHALL BE SUBJECT TO IMMEDIATE 14 RENEWAL OF HIS OR HER PATIENT REGISTRY IDENTIFICATION CARD, AND 15 THE PATIENT SHALL APPLY FOR THE RENEWAL BASED UPON A 16 RECOMMENDATION OF A COURT-APPOINTED PHYSICIAN. 17 (8) A PARENT WHO SUBMITS A MEDICAL MARIJUANA REGISTRY 18 APPLICATION FOR HIS OR HER CHILD SHALL HAVE HIS OR HER SIGNATURE 19 NOTARIZED ON THE APPLICATION. 20 (9) Primary caregivers. (a) A PRIMARY CAREGIVER MAY NOT 21 DELEGATE TO ANY OTHER PERSON HIS OR HER AUTHORITY TO PROVIDE 22 MEDICAL MARIJUANA TO A PATIENT NOR MAY A PRIMARY CAREGIVER 23 ENGAGE OTHERS TO ASSIST IN PROVIDING MEDICAL MARIJUANA TO A 24 PATIENT. 25 (b) TWO OR MORE PRIMARY CAREGIVERS MAY NOT JOIN TOGETHER 26 FOR THE PURPOSE OF CULTIVATING MEDICAL MARIJUANA. 27 (c) ONLY A MEDICAL MARIJUANA CENTER OR A PRIMARY -35- HB10-1284 CAREGIVER FOR HI 1 S OR HER PATIENTS OR A PATIENT FOR HIMSELF OR 2 HERSELF MAY CULTIVATE OR PROVIDE MARIJUANA AND ONLY FOR 3 MEDICAL USE; EXCEPT THAT, IF A PRIMARY CAREGIVER IS PROVIDING 4 MEDICAL MARIJUANA TO A PATIENT, THE PATIENT MAY NOT CULTIVATE 5 AND PROVIDE HIS OR HER OWN MEDICAL MARIJUANA. 6 (d) A PRIMARY CAREGIVER SHALL PROVIDE TO A LAW 7 ENFORCEMENT AGENCY, UPON INQUIRY, THE REGISTRY IDENTIFICATION 8 CARD NUMBER OF EACH OF HIS OR HER PATIENTS. THE STATE HEALTH 9 AGENCY SHALL MAINTAIN A REGISTRY OF THIS INFORMATION AND MAKE 10 IT AVAILABLE TWENTY-FOUR HOURS PER DAY AND SEVEN DAYS A WEEK TO 11 LAW ENFORCEMENT FOR VERIFICATION PURPOSES. UPON INQUIRY BY A 12 LAW ENFORCEMENT OFFICER AS TO AN INDIVIDUAL’S STATUS AS A PATIENT 13 OR PRIMARY CAREGIVER, THE STATE HEALTH AGENCY SHALL CHECK THE 14 REGISTRY. IF THE INDIVIDUAL IS NOT REGISTERED AS A PATIENT OR 15 PRIMARY CAREGIVER, THE STATE HEALTH AGENCY MAY PROVIDE THAT 16 RESPONSE TO LAW ENFORCEMENT. IF THE PERSON IS A REGISTERED 17 PATIENT OR PRIMARY CAREGIVER, THE STATE HEALTH AGENCY MAY NOT 18 RELEASE INFORMATION UNLESS CONSISTENT WITH SECTION 14 OF ARTICLE 19 XVIII OF THE STATE CONSTITUTION. THE STATE HEALTH AGENCY MAY 20 PROMULGATE RULES TO PROVIDE FOR THE EFFICIENT ADMINISTRATION OF 21 THIS PARAGRAPH (d). 22 (10) Patient – primary caregiver relationship. (a) A PERSON 23 SHALL BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE 24 PATIENTS ON THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN 25 TIME; EXCEPT THAT THE STATE HEALTH AGENCY MAY ALLOW A PRIMARY 26 CAREGIVER TO SERVE MORE THAN FIVE PATIENTS IN EXCEPTIONAL 27 CIRCUMSTANCES. IN DETERMINING WHETHER EXCEPTIONAL -36- HB10-1284 CIRCUMSTANCES EXIST THE STA 1 TE HEALTH AGENCY MAY CONSIDER THE 2 PROXIMITY OF MEDICAL MARIJUANA CENTERS TO THE PATIENT. 3 (b) A PATIENT SHALL HAVE ONLY ONE PRIMARY CAREGIVER AT 4 ANY GIVEN TIME. 5 (c) A PATIENT WHO HAS DESIGNATED A PRIMARY CAREGIVER FOR 6 HIMSELF OR HERSELF MAY NOT BE DESIGNATED AS A PRIMARY CAREGIVER 7 FOR ANOTHER PATIENT. 8 (d) (I) THE STATE HEALTH AGENCY SHALL MAINTAIN A SECURE 9 AND CONFIDENTIAL REGISTRY OF AVAILABLE PRIMARY CAREGIVERS FOR 10 THOSE PATIENTS WHO ARE UNABLE TO SECURE THE SERVICES OF A 11 PRIMARY CAREGIVER. 12 (II) AN EXISTING PRIMARY CAREGIVER MAY INDICATE AT THE TIME 13 OF REGISTRATION WHETHER HE OR SHE WOULD BE WILLING TO HANDLE 14 ADDITIONAL PATIENTS AND WAIVE CONFIDENTIALITY TO ALLOW RELEASE 15 OF HIS OR HER CONTACT INFORMATION TO PHYSICIANS OR REGISTERED 16 PATIENTS ONLY. 17 (III) AN INDIVIDUAL WHO IS NOT REGISTERED BUT IS WILLING TO 18 PROVIDE PRIMARY CAREGIVING SERVICES MAY SUBMIT HIS OR HER 19 CONTACT INFORMATION TO BE PLACED ON THE PRIMARY CAREGIVER 20 REGISTRY AFTER HE OR SHE HAS PASSED A CRIMINAL HISTORY RECORD 21 CHECK. 22 (IV) A PATIENT-PRIMARY CAREGIVER ARRANGEMENT SECURED 23 PURSUANT TO THIS PARAGRAPH (d) SHALL BE STRICTLY BETWEEN THE 24 PATIENT AND THE POTENTIAL PRIMARY CAREGIVER. THE STATE HEALTH 25 AGENCY, BY PROVIDING THE INFORMATION REQUIRED BY THIS PARAGRAPH 26 (d), SHALL NOT ENDORSE OR VOUCH FOR A PRIMARY CAREGIVER EXCEPT 27 TO THE EXTENT OF CONFIRMING THAT THE PRIMARY CAREGIVER PASSED A -37- HB10-1284 CRIMINAL 1 HISTORY RECORD CHECK. IN ORDER TO PASS THE CRIMINAL 2 HISTORY RECORD CHECK, THE PRIMARY CAREGIVER SHALL NOT HAVE BEEN 3 CONVICTED OF A FELONY OR A MISDEMEANOR PURSUANT TO PART 4 OF 4 ARTICLE 18 OF TITLE 18, C.R.S., WITHIN THE FIVE YEARS PRECEDING THE 5 CRIMINAL HISTORY RECORD CHECK. 6 (V) THE STATE HEALTH AGENCY MAY MAKE AN EXCEPTION, BASED 7 ON A REQUEST FROM A PATIENT, TO THE STATUTE LIMITING PRIMARY 8 CAREGIVERS TO FIVE PATIENTS. IF THE EXECUTIVE DIRECTOR MAKES AN 9 EXCEPTION TO THE LIMIT, THE STATE HEALTH AGENCY SHALL NOTE THE 10 EXCEPTION ON THE PRIMARY CAREGIVER’S RECORD IN THE REGISTRY. 11 (e) AT THE TIME A PATIENT APPLIES FOR INCLUSION ON THE 12 CONFIDENTIAL REGISTRY, THE PATIENT SHALL INDICATE WHETHER THE 13 PATIENT INTENDS TO CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA OR 14 INTENDS TO OBTAIN IT FROM EITHER A PRIMARY CAREGIVER OR A 15 LICENSED MEDICAL MARIJUANA CENTER. IF THE PATIENT ELECTS TO USE 16 A LICENSED MEDICAL MARIJUANA CENTER, THE PATIENT SHALL REGISTER 17 THE PRIMARY CENTER HE OR SHE INTENDS TO USE. 18 (11) Registry identification card required – denial – revocation 19 – renewal. (a) TO BE CONSIDERED IN COMPLIANCE WITH THE PROVISIONS 20 OF SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS 21 SECTION, AND THE RULES OF THE STATE HEALTH AGENCY, A PATIENT OR 22 PRIMARY CAREGIVER SHALL HAVE HIS OR HER REGISTRY IDENTIFICATION 23 CARD IN HIS OR HER POSSESSION AT ALL TIMES THAT HE OR SHE IS IN 24 POSSESSION OF ANY FORM OF MEDICAL MARIJUANA AND PRODUCE THE 25 SAME UPON REQUEST OF A LAW ENFORCEMENT OFFICER TO DEMONSTRATE 26 THAT THE PATIENT OR PRIMARY CAREGIVER IS NOT IN VIOLATION OF THE 27 LAW; EXCEPT THAT, IF MORE THAN THIRTY-FIVE DAYS HAVE PASSED SINCE -38- HB10-1284 THE DATE THE 1 PATIENT OR PRIMARY CAREGIVER FILED HIS OR HER 2 MEDICAL MARIJUANA PROGRAM APPLICATION AND THE STATE HEALTH 3 AGENCY HAS NOT YET ISSUED OR DENIED A REGISTRY IDENTIFICATION 4 CARD, A COPY OF THE PATIENT’S OR PRIMARY CAREGIVER’S APPLICATION 5 ALONG WITH PROOF OF THE DATE OF SUBMISSION SHALL BE IN THE 6 PATIENT’S OR PRIMARY CAREGIVER’S POSSESSION AT ALL TIMES THAT HE 7 OR SHE IS IN POSSESSION OF ANY FORM OF MEDICAL MARIJUANA UNTIL THE 8 STATE HEALTH AGENCY ISSUES OR DENIES THE REGISTRY IDENTIFICATION 9 CARD. A PERSON WHO VIOLATES SECTION 14 OF ARTICLE XVIII OF THE 10 STATE CONSTITUTION, THIS SECTION, OR THE RULES PROMULGATED BY THE 11 STATE HEALTH AGENCY MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR 12 VIOLATIONS OF SECTION 18-18-406, C.R.S. 13 (b) THE EXECUTIVE DIRECTOR MAY DENY A PATIENT’S OR PRIMARY 14 CAREGIVER’S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR 15 REVOKE THE CARD IF THE EXECUTIVE DIRECTOR, IN ACCORDANCE WITH 16 ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE PHYSICIAN WHO 17 DIAGNOSED THE PATIENT’S DEBILITATING MEDICAL CONDITION, THE 18 PATIENT, OR THE PRIMARY CAREGIVER VIOLATED SECTION 14 OF ARTICLE 19 XVIII OF THE STATE CONSTITUTION, THIS SECTION, OR THE RULES 20 PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS 21 SECTION. 22 (c) A PATIENT OR PRIMARY CAREGIVER REGISTRY IDENTIFICATION 23 CARD SHALL BE VALID FOR ONE YEAR AND SHALL CONTAIN A UNIQUE 24 IDENTIFICATION NUMBER. IT SHALL BE THE RESPONSIBILITY OF THE 25 PATIENT OR PRIMARY CAREGIVER TO APPLY TO RENEW HIS OR HER 26 REGISTRY IDENTIFICATION CARD PRIOR TO THE DATE ON WHICH THE CARD 27 EXPIRES. THE EXECUTIVE DIRECTOR SHALL DEVELOP A FORM FOR A -39- HB10-1284 PATIENT 1 OR PRIMARY CAREGIVER TO USE IN RENEWING HIS OR HER 2 REGISTRY IDENTIFICATION CARD. 3 (12) Use of medical marijuana. (a) THE USE OF MEDICAL 4 MARIJUANA IS ALLOWED UNDER STATE LAW TO THE EXTENT THAT IT IS 5 CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14 OF 6 ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE 7 RULES OF THE STATE HEALTH AGENCY. 8 (b) A PATIENT OR PRIMARY CAREGIVER SHALL NOT: 9 (I) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT 10 ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON; 11 (II) ENGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW OF 12 OR IN A PLACE OPEN TO THE GENERAL PUBLIC; 13 (III) UNDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF 14 MEDICAL MARIJUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE 15 OR PROFESSIONAL MALPRACTICE; 16 (IV) POSSESS MEDICAL MARIJUANA, OR OTHERWISE ENGAGE IN THE 17 USE OF MEDICAL MARIJUANA: 18 (A) IN A SCHOOL BUS; OR 19 (B) ON THE GROUNDS OF OR WITHIN ONE THOUSAND FEET OF THE 20 PERIMETER OF A DAY CARE, A PRESCHOOL, OR A PUBLIC OR PRIVATE 21 ELEMENTARY OR SECONDARY SCHOOL; 22 (V) ENGAGE IN THE USE OF MEDICAL MARIJUANA WHILE: 23 (A) IN A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS 24 FACILITY; 25 (B) SUBJECT TO A SENTENCE TO INCARCERATION OR ON 26 PROBATION OR PAROLE, UNLESS OTHERWISE PROVIDED BY COURT ORDER; 27 OR -40- HB10-1284 1 (C) IN A VEHICLE, AIRCRAFT, OR MOTORBOAT; 2 (VI) OPERATE, NAVIGATE, OR BE IN ACTUAL PHYSICAL CONTROL 3 OF ANY VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE UNDER THE 4 INFLUENCE OF MEDICAL MARIJUANA; OR 5 (VII) USE MEDICAL MARIJUANA IF THE PERSON DOES NOT HAVE A 6 DEBILITATING MEDICAL CONDITION AS DIAGNOSED BY THE PERSON’S 7 PHYSICIAN IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT 8 RELATIONSHIP AND FOR WHICH THE PHYSICIAN HAS RECOMMENDED THE 9 USE OF MEDICAL MARIJUANA. 10 (c) A PERSON SHALL NOT ESTABLISH A BUSINESS TO PERMIT 11 PATIENTS TO CONGREGATE AND SMOKE OR OTHERWISE CONSUME MEDICAL 12 MARIJUANA. 13 (13) Limit on cultivation of medical marijuana. ONLY 14 REGISTERED PATIENTS, LICENSED PRIMARY CAREGIVERS, AND LICENSED 15 MEDICAL MARIJUANA CENTERS MAY CULTIVATE MEDICAL MARIJUANA. 16 (14) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER 17 RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF 18 ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT’S PHYSICIAN 19 MUST ALSO CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES 20 THAT ARE NECESSARY TO ADDRESS THE PATIENT’S DEBILITATING MEDICAL 21 CONDITION AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO 22 ASSERTS THIS AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY 23 PRIVILEGES. 24 (2) (15) Fees. The department STATE HEALTH AGENCY may 25 collect fees from patients who, pursuant to section 14 of article XVIII of 26 the state constitution, apply to the medical marijuana program established 27 by such section for a marijuana registry identification CARD for the -41- HB10-1284 purpose of offsetting the department’s 1 STATE HEALTH AGENCY’S direct and 2 indirect costs of administering the program, AND THE COLORADO STATE 3 BOARD OF MEDICAL EXAMINERS’ DIRECT AND INDIRECT COSTS ASSOCIATED 4 WITH INVESTIGATING AND PROSECUTING REFERRALS OF PHYSICIANS FROM 5 THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL MARIJUANA 6 PROGRAM. The amount of such THE fees shall be set by rule of the state 7 board of health STATE HEALTH AGENCY. THE STATE HEALTH AGENCY 8 SHALL PROMULGATE RULES THAT ALLOW A PATIENT TO CLAIM INDIGENCE 9 AS IT RELATES TO PAYING THE FEE APPROVED PURSUANT TO THIS 10 SUBSECTION (15) AND THAT ESTABLISH THE STANDARD FOR INDIGENCE, 11 THE PROCESS THE STATE HEALTH AGENCY SHALL USE TO DETERMINE 12 WHETHER A PERSON WHO CLAIMS INDIGENCE MEETS THE STANDARD FOR 13 INDIGENCE, AND THE PROCESS TO WAIVE THE FEE APPROVED PURSUANT TO 14 THIS SUBSECTION (15) IF THE STATE HEALTH AGENCY DETERMINES THAT 15 THE PATIENT MEETS THE STANDARD FOR INDIGENCE. All fees collected by 16 the department STATE HEALTH AGENCY through the medical marijuana 17 program shall be transferred to the state treasurer who shall credit the 18 same to the medical marijuana program cash fund, which fund is hereby 19 created. 20 (3) (16) Cash fund. (a) The medical marijuana program cash 21 fund shall be subject to annual appropriation by the general assembly to 22 the department STATE HEALTH AGENCY for the purpose of establishing, 23 operating, and maintaining the medical marijuana program. established 24 by section 14 of article XVIII of the state constitution. THE STATE 25 HEALTH AGENCY SHALL TRANSFER FROM THE MEDICAL MARIJUANA 26 PROGRAM CASH FUND TO THE DEPARTMENT OF REGULATORY AGENCIES, 27 FOR THE BENEFIT OF THE COLORADO STATE BOARD OF MEDICAL -42- HB10-1284 EXAMINERS, 1 MONEYS TO PAY THE DIRECT AND INDIRECT COSTS 2 ASSOCIATED WITH INVESTIGATING AND PROSECUTING REFERRALS OF 3 PHYSICIANS FROM THE STATE HEALTH AGENCY IN RELATION TO THE 4 MEDICAL MARIJUANA PROGRAM. All moneys credited to the medical 5 marijuana program cash fund and all interest derived from the deposit of 6 such moneys that are not expended during the fiscal year shall be retained 7 in the fund for future use and shall not be credited or transferred to the 8 general fund or any other fund. 9 (b) Notwithstanding any provision of paragraph (a) of this 10 subsection (3) (16) to the contrary, on April 20, 2009, the state treasurer 11 shall deduct two hundred fifty-eight thousand seven hundred thirty-five 12 dollars from the medical marijuana program cash fund and transfer such 13 sum to the general fund. 14 (17) (a) AS OF THE EFFECTIVE DATE OF SECTION 2 OF HOUSE BILL 15 10-____, ENACTED IN 2010, A PERSON SHALL NOT OPEN A MEDICAL 16 MARIJUANA CENTER UNTIL THE CENTER HAS BEEN LICENSED PURSUANT TO 17 ARTICLE 43.3 OF TITLE 12, C.R.S. 18 (b) AS OF THE EFFECTIVE DATE OF SECTION 2 OF HOUSE BILL 19 10-____, ENACTED IN 2010, A PERSON WHO OPERATES A MEDICAL 20 MARIJUANA CENTER MAY OPERATE THAT CENTER UNTIL JULY 1, 2011. 21 AFTER JULY 1, 2011, THE PERSON SHALL APPLY FOR LICENSURE OF THE 22 MEDICAL MARIJUANA CENTER PURSUANT TO ARTICLE 43.3 OF TITLE 12, 23 C.R.S., AND MAY CONTINUE OPERATING THE MEDICAL MARIJUANA CENTER 24 ON AND AFTER JULY 1, 2011, ONLY IF THE CENTER IS LICENSED. 25 SECTION 3. 25-5-403, Colorado Revised Statutes, is amended 26 BY THE ADDITION OF A NEW SUBSECTION to read: 27 25-5-403. Offenses. (3) THE PROVISIONS OF THIS SECTION SHALL -43- HB10-1284 NOT APPLY T 1 O A MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO 2 ARTICLE 43.3 OF TITLE 12,C.R.S., THAT MANUFACTURES OR SELLS A FOOD 3 PRODUCT THAT CONTAINS MEDICAL MARIJUANA SO LONG AS THE FOOD 4 PRODUCT IS LABELED AS CONTAINING MEDICAL MARIJUANA AND THE 5 LABEL SPECIFIES THE AMOUNT OF MEDICAL MARIJUANA CONTAINED IN THE 6 FOOD PRODUCT. 7 SECTION 4. 25-1-1202 (1), Colorado Revised Statutes, is 8 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 9 25-1-1202. Index of statutory sections regarding medical 10 record confidentiality and health information. (1) Statutory 11 provisions concerning policies, procedures, and references to the release, 12 sharing, and use of medical records and health information include the 13 following: 14 (vv.5) SECTION 25-1.5-106, CONCERNING THE MEDICAL 15 MARIJUANA PROGRAM; 16 SECTION 5. 12-36-117 (1), Colorado Revised Statutes, is 17 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 18 12-36-117. Unprofessional conduct – repeal. 19 (1) “Unprofessional conduct” as used in this article means: 20 (mm) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 21 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, SECTION 25-1.5-106, 22 C.R.S., OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY 23 PURSUANT TO SECTION 25-1.5-106 (3), C.R.S. 24 SECTION 6. 12-36-118 (5) (g), Colorado Revised Statutes, is 25 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 26 12-36-118. Disciplinary action by board – immunity. 27 (5) (g) (X) IN ALL CASES INVOLVING ALLEGED VIOLATIONS OF SECTION -44- HB10-1284 12-36-117 (1) (mm), 1 THE BOARD SHALL PROMPTLY NOTIFY THE 2 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND 3 ENVIRONMENT OF ITS FINDINGS, INCLUDING WHETHER IT FOUND THAT THE 4 PHYSICIAN VIOLATED SECTION 12-36-117 (1) (mm) AND ANY 5 RESTRICTIONS IT PLACED ON THE PHYSICIAN WITH RESPECT TO 6 RECOMMENDING THE USE OF MEDICAL MARIJUANA. 7 SECTION 7. 24-75-402 (5), Colorado Revised Statutes, is 8 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 9 24-75-402. Cash funds – limit on uncommitted reserves – 10 reduction in amount of fees – exclusions. (5) Notwithstanding any 11 provision of this section to the contrary, the following cash funds are 12 excluded from the limitations specified in this section: 13 (z) THE MEDICAL MARIJUANA CENTER LICENSE CASH FUND 14 CREATED IN SECTION 12-43.3-104, C.R.S. 15 SECTION 8. Specified effective date. Section 1 of this act shall 16 take effect July 1, 2011, and the remainder of this act shall take effect 17 upon passage. 18 SECTION 9. Safety clause. The general assembly hereby finds, 19 determines, and declares that this act is necessary for the immediate 20 preservation of the public peace, health, and safety. -45- HB10-1284

25-1.5-106. Medical marijuana program – powers and duties of department (1) 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) The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card; (b) 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; (c) The verification by the department of medical information concerning patients who have applied for a confidential registry card; (d) The issuance and form of confidential registry identification cards; (e) 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) 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. (2) The department 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 for the purpose of offsetting the department’s direct and indirect costs of administering the program. The amount of such fees shall be set by rule of the state board of health. All fees collected by the department 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) (a) The medical marijuana program cash fund shall be subject to annual appropriation by the general assembly to the department 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. Source: L. 2003: Entire article added, p. 686, § 2, effective July 1. L. 2009: (3) amended, (SB 09-208), ch. 149, p. 624, § 20, effective April 20.

18-18-406.3. Medical use of marijuana by persons diagnosed with debilitating medical conditions – unlawful acts – penalty – medical marijuana program cash fund. (1) The general assembly hereby finds and declares that: (a) Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election; (b) Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana by a patient to alleviate an appropriately diagnosed debilitating medical condition; (c) Section 14 of article XVIII of the state constitution requires a state health agency designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana; (d) The governor, in accordance with paragraph (h) of subsection (1) of section 14 of article XVIII of the state constitution, has designated the department of public health and environment, referred to in this section as the department, to be the state health agency responsible for the administration of the medical marijuana program; (e) Section 14 of article XVIII of the state constitution requires the department to process the applications of patients who wish to qualify for and be placed on the confidential registry for the medical use of marijuana, and to issue registry identification cards to patients who qualify for placement on the registry; (f) Section 14 of article XVIII of the state constitution sets forth the lawful limits on the medical use of marijuana; (g) Section 14 of article XVIII of the state constitution requires the general assembly to determine and enact criminal penalties for specific acts described in the constitutional provision; (h) In interpreting the provisions of section 14 of article XVIII of the state constitution, the general assembly has applied the definitions contained in subsection (1) of the constitutional provision and has attempted to give the remaining words of the constitutional provision their plain meaning; (i) This section reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 14 of article XVIII of the state constitution. (2) (a) Any person who fraudulently represents a medical condition to a physician, the department, or a state or local law enforcement official for the purpose of falsely obtaining a marijuana registry identification card from the department, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, commits a class 1 misdemeanor. (b) If an officer or employee of the department receives information that causes such officer or employee reasonably to believe that fraudulent representation, as described in paragraph (a) of this subsection (2), has occurred, such officer or employee shall report the information to either the district attorney of the county in which the applicant for the marijuana registry identification card resides, or to the attorney general. (3) The fraudulent use or theft of any person’s marijuana registry identification card, including, but not limited to, any card that is required to be returned to the department pursuant to section 14 of article XVIII of the state constitution, is a class 1 misdemeanor. (4) The fraudulent production or counterfeiting of, or tampering with, one or more marijuana registry identification cards is a class 1 misdemeanor. (5) Any person including, but not limited to, any officer, employee, or agent of the department, or any officer, employee, or agent of any state or local law enforcement agency, who releases or makes public any confidential record or any confidential information contained in any such record that is provided to or by the marijuana registry of the department without the written authorization of the marijuana registry patient commits a class 1 misdemeanor. Source: L. 2001: Entire section added, p. 471, § 1, effective April 27

SENATE BILL 10-109 BY SENATOR(S) Romer and Spence, Boyd, Bacon, Hodge, Hudak, Johnston, Tapia, Tochtrop, Foster, Newell, Williams; also REPRESENTATIVE(S) Massey and McCann, Rice, Frangas, McFadyen, Casso, Fischer, Labuda, Miklosi, Soper, Summers, Todd, Vigil, Kagan, Looper, Waller. CONCERNING REGULATION OF THE PHYSICIAN-PATIENT RELATIONSHIP FOR MEDICAL MARIJUANA PATIENTS, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-1.5-106, Colorado Revised Statutes, is amended to read: 25-1.5-106. Medical marijuana program – powers and duties of state health agency – medical review board – repeal. (1) 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: (a) “BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP”, FOR PURPOSES OF THE MEDICAL MARIJUANA PROGRAM, MEANS: 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. (I) A PHYSICIAN AND A PATIENT HAVE A TREATMENT OR COUNSELING RELATIONSHIP, IN THE COURSE OF WHICH THE PHYSICIAN HAS COMPLETED A FULL ASSESSMENT OF THE PATIENT’S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION, INCLUDING AN APPROPRIATE PERSONAL PHYSICAL EXAMINATION; (II) THE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH RESPECT TO THE PATIENT’S DEBILITATING MEDICAL CONDITION BEFORE THE PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD; AND (III) THE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE FOLLOW-UP CARE AND TREATMENT TO THE PATIENT, INCLUDING BUT NOT LIMITED TO PATIENT EXAMINATIONS, TO DETERMINE THE EFFICACY OF THE USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT’S DEBILITATING MEDICAL CONDITION. (b) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF THE STATE HEALTH AGENCY. (c) “IN GOOD STANDING”, WITH RESPECT TO A PHYSICIAN’S LICENSE, MEANS: (I) THE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL; (II) THE PHYSICIAN HOLDS A VALID, UNRESTRICTED LICENSE TO PRACTICE MEDICINE IN COLORADO; AND (III) THE PHYSICIAN HAS A VALID AND UNRESTRICTED UNITED STATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION. (d) “MEDICAL MARIJUANA PROGRAM” MEANS THE PROGRAM ESTABLISHED BY SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION AND THIS SECTION. (e) “REGISTRY IDENTIFICATION CARD” MEANS THE NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD ISSUED BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY CAREGIVERS PURSUANT TO THIS SECTION. (f) “STATE HEALTH AGENCY” MEANS THE PUBLIC HEALTH RELATED ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY EXECUTIVE ORDER PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION. (1) (2) Rule-making. The department STATE HEALTH AGENCY 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) The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card. THE CONFIDENTIAL REGISTRY OF PATIENTS MAY BE USED TO DETERMINE WHETHER A PHYSICIAN SHOULD BE REFERRED TO THE COLORADO BOARD OF MEDICAL EXAMINERS FOR A SUSPECTED VIOLATION OF SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a), (b), OR (c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS SUBSECTION (2). (b) The development by the department STATE HEALTH AGENCY of an application form and THE PROCESS FOR making such THE 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; (c) The verification by the department STATE HEALTH AGENCY of medical information concerning patients who have applied for a confidential registry IDENTIFICATION card OR FOR RENEWAL OF A REGISTRY IDENTIFICATION CARD; (d) THE DEVELOPMENT BY THE STATE HEALTH AGENCY 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; (d) (e) The CONDITIONS FOR issuance AND RENEWAL, and THE form, of confidential THE registry identification cards ISSUED TO PATIENTS, INCLUDING BUT NOT LIMITED TO STANDARDS FOR ENSURING THAT THE STATE HEALTH AGENCY ISSUES A REGISTRY IDENTIFICATION CARD TO A PATIENT ONLY IF HE OR SHE HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP WITH A PHYSICIAN IN GOOD STANDING AND LICENSED TO PRACTICE MEDICINE IN THE STATE OF COLORADO; (e) (f) Communications with law enforcement officials about confidential registry identification cards that have been suspended where WHEN a patient is no longer diagnosed as having a debilitating medical condition; and (f) (g) The manner in which the department STATE HEALTH AGENCY may consider adding debilitating medical conditions to the list of debilitating medical conditions contained in section 14 of article XVIII of the state constitution. (3) Physicians. A PHYSICIAN WHO CERTIFIES A DEBILITATING MEDICAL CONDITION FOR AN APPLICANT TO THE MEDICAL MARIJUANA PROGRAM SHALL COMPLY WITH ALL OF THE FOLLOWING REQUIREMENTS: (a) THE PHYSICIAN SHALL HAVE A VALID, UNRESTRICTED COLORADO LICENSE TO PRACTICE MEDICINE, WHICH LICENSE IS IN GOOD STANDING. (b) AFTER A PHYSICIAN, WHO HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP WITH THE PATIENT APPLYING FOR THE MEDICAL MARIJUANA PROGRAM, DETERMINES, FOR THE PURPOSES OF MAKING A RECOMMENDATION, THAT THE PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA, THE PHYSICIAN SHALL CERTIFY TO THE STATE HEALTH AGENCY THAT THE PATIENT HAS A DEBILITATING MEDICAL CONDITION AND THAT THE PATIENT MAY BENEFIT FROM THE USE OF MEDICAL MARIJUANA. IF THE PHYSICIAN CERTIFIES THAT THE PATIENT WOULD BENEFIT FROM THE USE OF MEDICAL MARIJUANA BASED ON A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION, THE PHYSICIAN SHALL SPECIFY THE CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION AND, IF KNOWN, THE CAUSE OR SOURCE OF THE CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION. (c) THE PHYSICIAN SHALL MAINTAIN A RECORD-KEEPING SYSTEM FOR ALL PATIENTS FOR WHOM THE PHYSICIAN HAS RECOMMENDED THE MEDICAL USE OF MARIJUANA, AND, PURSUANT TO AN INVESTIGATION INITIATED PURSUANT TO SECTION 12-36-118, C.R.S., THE PHYSICIAN SHALL PRODUCE SUCH MEDICAL RECORDS TO THE COLORADO STATE BOARD OF MEDICAL EXAMINERS AFTER REDACTING ANY PATIENT OR PRIMARY CAREGIVER IDENTIFYING INFORMATION. (d) A PHYSICIAN SHALL NOT: (I) ACCEPT, SOLICIT, OR OFFER ANY FORM OF PECUNIARY REMUNERATION FROM OR TO A PRIMARY CAREGIVER, DISTRIBUTOR, OR ANY OTHER PROVIDER OF MEDICAL MARIJUANA; (II) OFFER A DISCOUNT OR ANY OTHER THING OF VALUE TO A PATIENT WHO USES OR AGREES TO USE A PARTICULAR PRIMARY CAREGIVER, DISTRIBUTOR, OR OTHER PROVIDER OF MEDICAL MARIJUANA TO PROCURE MEDICAL MARIJUANA; (III) EXAMINE A PATIENT FOR PURPOSES OF DIAGNOSING A DEBILITATING MEDICAL CONDITION AT A LOCATION WHERE MEDICAL MARIJUANA IS SOLD OR DISTRIBUTED; OR (IV) HOLD AN ECONOMIC INTEREST IN AN ENTERPRISE THAT PROVIDES OR DISTRIBUTES MEDICAL MARIJUANA IF THE PHYSICIAN CERTIFIES THE DEBILITATING MEDICAL CONDITION OF A PATIENT FOR PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM. (4) Enforcement. (a) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, PARAGRAPH (a), (b), OR (c) OF SUBSECTION (3) OF THIS SECTION, OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE STATE HEALTH AGENCY MAY REFER THE MATTER TO THE STATE BOARD OF MEDICAL EXAMINERS CREATED IN SECTION 12-36-103, C.R.S., FOR AN INVESTIGATION AND DETERMINATION. (b) IF THE STATE HEALTH AGENCY HAS REASONABLE CAUSE TO BELIEVE THAT A PHYSICIAN HAS VIOLATED PARAGRAPH (d) OF SUBSECTION (3) OF THIS SECTION, THE STATE HEALTH AGENCY SHALL CONDUCT A HEARING PURSUANT TO SECTION 24-4-104, C.R.S., TO DETERMINE WHETHER A VIOLATION HAS OCCURRED. (c) UPON A FINDING OF UNPROFESSIONAL CONDUCT PURSUANT TO SECTION 12-36-117 (1) (mm), C.R.S., BY THE STATE BOARD OF MEDICAL EXAMINERS OR A FINDING OF A VIOLATION OF PARAGRAPH (d) OF SUBSECTION (3) OF THIS SECTION BY THE STATE HEALTH AGENCY, THE STATE HEALTH AGENCY SHALL RESTRICT A PHYSICIAN’S AUTHORITY TO RECOMMEND THE USE OF MEDICAL MARIJUANA, WHICH RESTRICTIONS MAY INCLUDE THE REVOCATION OR SUSPENSION OF A PHYSICIAN’S PRIVILEGE TO RECOMMEND MEDICAL MARIJUANA. THE RESTRICTION SHALL BE IN ADDITION TO ANY SANCTION IMPOSED BY THE STATE BOARD OF MEDICAL EXAMINERS. (d) WHEN THE STATE HEALTH AGENCY HAS OBJECTIVE AND REASONABLE GROUNDS TO BELIEVE AND FINDS, UPON A FULL INVESTIGATION, THAT A PHYSICIAN HAS DELIBERATELY AND WILLFULLY VIOLATED SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION OR THIS SECTION AND THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY REQUIRES EMERGENCY ACTION, AND THE STATE HEALTH AGENCY INCORPORATES THOSE FINDINGS INTO AN ORDER, THE STATE HEALTH AGENCY MAY SUMMARILY SUSPEND THE PHYSICIAN’S AUTHORITY TO RECOMMEND THE USE OF MEDICAL MARIJUANA PENDING THE PROCEEDINGS SET FORTH IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (4). A HEARING ON THE ORDER OF SUMMARY SUSPENSION SHALL BE HELD NO LATER THAN THIRTY DAYS AFTER THE ISSUANCE OF THE ORDER OF SUMMARY SUSPENSION, UNLESS A LONGER TIME IS AGREED TO BY THE PARTIES, AND AN INITIAL DECISION IN ACCORDANCE WITH SECTION 24-4-105 (14), C.R.S., SHALL BE RENDERED NO LATER THAN THIRTY DAYS AFTER THE CONCLUSION OF THE HEARING CONCERNING THE ORDER OF SUMMARY SUSPENSION. (5) Renewal of patient identification card upon criminal conviction. ANY PATIENT WHO IS CONVICTED OF A CRIMINAL OFFENSE UNDER ARTICLE 18 OF TITLE 18, C.R.S., SENTENCED OR ORDERED BY A COURT TO DRUG OR SUBSTANCE ABUSE TREATMENT, OR SENTENCED TO THE DIVISION OF YOUTH CORRECTIONS, SHALL BE SUBJECT TO IMMEDIATE RENEWAL OF HIS OR HER PATIENT REGISTRY IDENTIFICATION CARD, AND THE PATIENT SHALL APPLY FOR THE RENEWAL BASED UPON A RECOMMENDATION FROM A PHYSICIAN WITH WHOM THE PATIENT HAS A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP. (6) A PARENT WHO SUBMITS A MEDICAL MARIJUANA REGISTRY APPLICATION FOR HIS OR HER CHILD SHALL HAVE HIS OR HER SIGNATURE NOTARIZED ON THE APPLICATION. (2) (7) Fees – repeal. (a) 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 STATE HEALTH AGENCY SHALL ALSO PROMULGATE RULES THAT ALLOW A PATIENT TO CLAIM INDIGENCE AS IT RELATES TO PAYING THE FEE APPROVED PURSUANT TO THIS SUBSECTION (7). THE RULES SHALL ESTABLISH THE STANDARD FOR INDIGENCE, THE PROCESS THE STATE HEALTH AGENCY SHALL USE TO DETERMINE WHETHER A PATIENT WHO CLAIMS INDIGENCE MEETS THE STANDARD FOR INDIGENCE, AND THE PROCESS FOR GRANTING A WAIVER IF THE STATE HEALTH AGENCY DETERMINES THAT THE PATIENT MEETS THE STANDARD FOR INDIGENCE. 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. (b) (I) THE FEES COLLECTED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (7) MAY BE USED FOR THE DIRECT AND INDIRECT COSTS TO THE STATE BOARD OF MEDICAL EXAMINERS ASSOCIATED WITH INVESTIGATING AND PROSECUTING UP TO FIVE OF THE REFERRALS OF PHYSICIANS RECEIVED PER YEAR FROM THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL MARIJUANA PROGRAM. (II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2012. (3) (8) Cash fund – repeal. (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) (8) 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. (c) (I) THE STATE HEALTH AGENCY SHALL TRANSFER FROM THE MEDICAL MARIJUANA PROGRAM CASH FUND TO THE DEPARTMENT OF REGULATORY AGENCIES FOR ALLOCATION TO THE STATE BOARD OF MEDICAL EXAMINERS MONEYS TO COVER THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH INVESTIGATING AND PROSECUTING UP TO FIVE OF THE REFERRALS OF PHYSICIANS RECEIVED PER YEAR FROM THE STATE HEALTH AGENCY IN RELATION TO THE MEDICAL MARIJUANA PROGRAM. (II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2012. (9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2019. SECTION 2. 25-1-1202 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 25-1-1202. Index of statutory sections regarding medical record confidentiality and health information. (1) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following: (vv.5) SECTION 25-1.5-106, CONCERNING THE MEDICAL MARIJUANA PROGRAM; SECTION 3. 12-36-117 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 12-36-117. Unprofessional conduct – repeal. (1) “Unprofessional conduct” as used in this article means: (mm) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, SECTION 25-1.5-106, C.R.S., OR THE RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO SECTION 25-1.5-106 (2), C.R.S. SECTION 4. 12-36-118 (5) (g), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 12-36-118. Disciplinary action by board – immunity. (5) (g) (X) IN ALL CASES INVOLVING ALLEGED VIOLATIONS OF SECTION 12-36-117 (1) (mm), THE BOARD SHALL PROMPTLY NOTIFY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF ITS FINDINGS, INCLUDING WHETHER IT FOUND THAT THE PHYSICIAN VIOLATED SECTION 12-36-117 (1) (mm) AND ANY RESTRICTIONS IT PLACED ON THE PHYSICIAN WITH RESPECT TO RECOMMENDING THE USE OF MEDICAL MARIJUANA. SECTION 5. 12-36-103 (6) (a), Colorado Revised Statutes, is amended to read: 12-36-103. State board of medical examiners – immunity – subject to termination – repeal of article. (6) (a) (I) The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the Colorado state board of medical examiners created by this section. (II) THE REVIEW REQUIRED BY THIS SUBSECTION (6) SHALL INCLUDE AN ANALYSIS OF PHYSICIAN RESPONSIBILITIES RELATED TO RECOMMENDATIONS FOR MEDICAL MARIJUANA AND THE PROVISIONS OF SECTION 25-1.5-106, C.R.S. SECTION 6. Appropriation. (1) 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 (8), Colorado Revised Statutes, not otherwise appropriated, to the department of public health and environment, for the fiscal year beginning July 1, 2010, the sum of eight hundred fifteen thousand two hundred twenty-four dollars ($815,224) cash funds and 2.1 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said appropriation, ninety-nine thousand eight hundred seventy-nine dollars ($99,879) shall be allocated to the administration and support division and seven hundred fifteen thousand three hundred forty-five dollars ($715,345) and 2.1 FTE shall be allocated to the center for health and environmental information. (2) In addition to any other appropriation, there is hereby appropriated to the department of regulatory agencies, for the fiscal year beginning July 1, 2010, the sum of five hundred ninety-three thousand three hundred thirty-three dollars ($593,333) and 1.2 FTE, for the investigation and prosecution of physicians referred to the board of medical examiners pursuant to section 25-1.5-106 (5), Colorado Revised Statutes, or so much thereof as may be necessary for the implementation of this act. Said appropriation shall be from reappropriated funds received from the department of public health and environment out of the appropriation made in subsection (1) of this section to the center for health and environmental information. Of said appropriation, five hundred twelve thousand five hundred eighty-four dollars ($512,584) shall be allocated to the executive director’s office and eighty thousand seven hundred forty-nine dollars ($80,749) and 1.2 FTE shall be allocated to the division of registrations. (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 six hundred twelve thousand four hundred sixty-three dollars ($612,463) and 5.2 FTE, or so much thereof as may be necessary, for the provision of legal services to the department of public health and environment and the department of regulatory agencies related to the implementation of this act. Of said appropriation, ninety-nine thousand eight hundred seventy-nine dollars ($99,879) shall be from reappropriated funds received from the department of public health and environment out of the appropriation made in subsection (1) of this section to the administration and support division and five hundred twelve thousand five hundred eighty-four dollars ($512,584) shall be from reappropriated funds received from the department of regulatory agencies out of the appropriation made in subsection (2) of this section to the executive director’s office. SECTION 7. 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 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.