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Granted, I have no law degree but this morning I sat down and read all 49 pages of HP1284. I felt it was necessary for me to read it myself so that I do not fall into that Fox news mentality of thinking and just believe what others have told me. I read a article that lists Matt Brown's take on what is fact and fiction about this bill, and I also read Releaf's comments about the misinformation from CTI, so it was time to read it myself and then ask specific questions. I ask you the community what your take is on some of this.
I am far from being fluent in legalese so that might contribute to my concern on some of these item. These first few are about licenses for businesses not patients.
My question here is this. Is it only criminal history that defines moral character? I sure hope our politicians do not make that determinations.
16 12-43.3-307. Persons prohibited as licensees. (1) (a) A LICENSE
19 (II) A PERSON WHOSE CRIMINAL HISTORY INDICATES THAT HE OR
20 SHE IS NOT OF GOOD MORAL CHARACTER;
21 (III) A CORPORATION, ANY OF WHOSE OFFICERS, DIRECTORS, OR
22 STOCKHOLDERS ARE NOT OF GOOD MORAL CHARACTER;
23 (IV) A LICENSED PHYSICIAN MAKING PATIENT
24 RECOMMENDATIONS;
25 (V) A PERSON EMPLOYING, ASSISTED BY, OR FINANCED IN WHOLE
26 OR IN PART BY ANY OTHER PERSON WHOSE CRIMINAL HISTORY INDICATES
27 HE OR SHE IS NOT OF GOOD CHARACTER AND REPUTATION SATISFACTORY
28 TO THE RESPECTIVE LICENSING AUTHORITY;
30 (VII) A PERSON LICENSED PURSUANT TO THIS ARTICLE WHO,
31 DURING A PERIOD OF LICENSURE, FAILS TO
This I believe is a $5000 surety bond:
(A) PROVIDE 1 A SURETY BOND OR FAILS TO FILE ANY TAX RETURN
2 WITH A TAXING AGENCY;
3 (B) PAY ANY TAXES, INTEREST, OR PENALTIES DUE;
4 (C) PAY ANY JUDGMENTS DUE TO A GOVERNMENT AGENCY;
Better pay student Loans
5 (D) REPAY GOVERNMENT-INSURED STUDENT LOANS; OR
6 (E) PAY CHILD SUPPORT;
Could not help but notice that Misdemeanor here:
7 (IX) A PERSON WHO HAS DISCHARGED A SENTENCE IN THE FIVE
8 YEARS IMMEDIATELY PRECEDING THE APPLICATION DATE FOR A
9 CONVICTION OF A FELONY OR A MISDEMEANOR PURSUANT TO ANY STATE
10 OR FEDERAL LAW REGULATING THE POSSESSION, DISTRIBUTION, OR USE OF
11 MARIJUANA OR OF ANY CONTROLLED SUBSTANCE, AS DEFINED IN SECTION
12 18-18-102 (5), C.R.S.;
I am sure this provision will create issues. It hurts the small grower. The growers who have pride in their small grows. I think many dispensaries are business people not growers:
6 (4) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (3) OF
7 THIS SECTION, A MEDICAL MARIJUANA LICENSEE MAY PURCHASE NOT
8 MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND INVENTORY OF
9 MEDICAL MARIJUANA FROM ANOTHER LICENSED MEDICAL MARIJUANA
10 CENTER IN COLORADO. A MEDICAL MARIJUANA CENTER MAY SELL NO
11 MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND INVENTORY TO
12 ANOTHER COLORADO LICENSED MEDICAL MARIJUANA LICENSEE.
Now this is a real concern. By saying that the licensee to furnish information as IT considers necessary for a proper audit must be more specific. My medical records may be among those records need to determine legal transactions. Am I protected?
7 12-43.3-701. Inspection procedures. (1) EACH LICENSEE SHALL
8 KEEP A COMPLETE SET OF ALL RECORDS NECESSARY TO SHOW FULLY THE
9 BUSINESS TRANSACTIONS OF THE LICENSEE, ALL OF WHICH SHALL BE OPEN
10 AT ALL TIMES DURING BUSINESS HOURS FOR THE INSPECTION AND
11 EXAMINATION OF THE STATE LICENSING AUTHORITY OR ITS DULY
12 AUTHORIZED REPRESENTATIVES. THE STATE LICENSING AUTHORITY MAY
13 REQUIRE ANY LICENSEE TO FURNISH SUCH INFORMATION AS IT CONSIDERS
14 NECESSARY FOR THE PROPER ADMINISTRATION OF THIS ARTICLE AND MAY
15 REQUIRE AN AUDIT TO BE MADE OF THE BOOKS OF ACCOUNT AND RECORDS
16 ON SUCH OCCASIONS AS IT MAY CONSIDER NECESSARY BY AN AUDITOR TO
17 BE SELECTED BY THE STATE LICENSING AUTHORITY WHO SHALL LIKEWISE
18 HAVE ACCESS TO ALL BOOKS AND RECORDS OF THE LICENSEE, AND THE
19 EXPENSE THEREOF SHALL BE PAID BY THE LICENSEE.
20 (2) THE LICENSED PREMISES, INCLUDING ANY PLACES OF STORAGE
21 WHERE MEDICAL MARIJUANA IS GROWN, STORED, CULTIVATED, SOLD, OR
22 DISPENSED, SHALL BE SUBJECT TO INSPECTION BY THE STATE OR LOCAL
23 LICENSING AUTHORITIES AND THEIR INVESTIGATORS, DURING ALL
24 BUSINESS HOURS AND OTHER TIMES OF APPARENT ACTIVITY, FOR THE
25 PURPOSE OF INSPECTION OR INVESTIGATION. FOR EXAMINATION OF ANY
26 INVENTORY OR BOOKS AND RECORDS REQUIRED TO BE KEPT BY THE
27 LICENSEES, ACCESS SHALL BE REQUIRED DURING BUSINESS HOURS. WHERE
28 ANY PART OF THE LICENSED PREMISES CONSISTS OF A LOCKED AREA, UPON
29 DEMAND TO THE LICENSEE, SUCH AREA SHALL BE MADE AVAILABLE FOR
30 INSPECTION WITHOUT DELAY, AND, UPON REQUEST BY AUTHORIZED
31 REPRESENTATIVES OF THE STATE OR LOCAL LICENSING AUTHORITY, THE
32 LICENSEE SHALL OPEN THE AREA FOR INSPECTION.
Under unlawful exceptions is another issue. Again how are patients in public housing or in situations where consumption is difficult or impossible at their own home.
8 12-43.3-901. Unlawful acts - exceptions. (1) EXCEPT AS
9 OTHERWISE PROVIDED IN THIS ARTICLE, IT IS UNLAWFUL FOR A PERSON:
10 (a) TO CONSUME MEDICAL MARIJUANA IN A LICENSED MEDICAL
11 MARIJUANA CENTER, AND IT SHALL BE UNLAWFUL FOR A MEDICAL
12 MARIJUANA LICENSEE TO ALLOW MEDICAL MARIJUANA TO BE CONSUMED
13 UPON ITS LICENSED PREMISES; EXCEPT THAT EDIBLE MEDICAL
14 MARIJUANA-INFUSED PRODUCTS MAY BE CONSUMED ON THE PREMISES
15 PURSUANT TO SECTION 12-43.3-402 (2)
9 (c) TO PROVIDE PUBLIC PREMISES, OR ANY PORTION THEREOF, FOR
10 THE PURPOSE OF CONSUMPTION OF MEDICAL MARIJUANA IN ANY FORM;
11 EXCEPT THAT EDIBLE MEDICAL MARIJUANA-INFUSED PRODUCTS MAY BE
12 CONSUMED ON THE PREMISES PURSUANT TO SECTION 12-43.3-402 (2)
So much is wrong with this it's hard to know where to start. Why should it be illegal for a caregiver to assist in caring for their patient? Heave forbid that people actually work together to give better service to their patients.
7 (5) Primary caregivers. (a) A PRIMARY CAREGIVER MAY NOT
8 DELEGATE TO ANY OTHER PERSON HIS OR HER AUTHORITY TO PROVIDE
9 MEDICAL MARIJUANA TO A PATIENT NOR MAY A PRIMARY CAREGIVER
10 ENGAGE OTHERS TO ASSIST IN PROVIDING MEDICAL MARIJUANA TO A
11 PATIENT.
12 (b) TWO OR MORE PRIMARY CAREGIVERS SHALL NOT JOIN
13 TOGETHER FOR THE PURPOSE OF CULTIVATING MEDICAL MARIJUANA.
I guess this is to stop family grows:
12 (c) A PATIENT WHO HAS DESIGNATED A PRIMARY CAREGIVER FOR
13 HIMSELF OR HERSELF MAY NOT BE DESIGNATED AS A PRIMARY CAREGIVER
14 FOR ANOTHER PATIENT.
Does this really state that the State Health Agency can deny or revoke my card because of a physician's violation? Who determines when and if these violations occur?
3 (b) THE STATE HEALTH AGENCY MAY DENY A PATIENT'S OR
4 PRIMARY CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION
5 CARD OR REVOKE THE CARD IF THE STATE HEALTH AGENCY, IN
6 ACCORDANCE WITH ARTICLE 4 OF TITLE 24,C.R.S., DETERMINES THAT THE
7 PHYSICIAN WHO DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL
8 CONDITION, THE PATIENT, OR THE PRIMARY CAREGIVER VIOLATED SECTION
9 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, OR THE
10 RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
11 SECTION; EXCEPT THAT A PATIENT'S APPLICATION OR REGISTRY
12 IDENTIFICATION CARD MAY ONLY BE DENIED OR REVOKED BASED ON A
13 PHYSICIAN'S VIOLATION THAT IS RELATED TO THE ISSUANCE OF A MEDICAL
14 MARIJUANA RECOMMENDATION.
Well sorry to be so long winded. Hopefully some of you can add to the discussion. I really doubt any of this can possibly get off the ground, after all I have been waiting for my card since they received my recommendation on November 8, 2009. If they can not even get cards out in a timely manner I fail to see how they can get something this complicated going at all.
