New Legislation: HB 11-1043

A Look into Coloradoâ??s HB11-1043

Coloradoâ??s HB11-1043 is Sen. Tom Masseyâ??s attempt to clean up the mess he helped create during last years session

According to the intro of the billâ?¦
â??The bill clarifies a number of provisions in the â??Colorado Medical Marijuana Codeâ?�. Under current law, any person applying for or who has been issued a medical marijuana license is subject to certain residency requirements.

The bill narrows the application of the residency requirements to owners only, as defined by rule of the department of revenue.

A medical marijuana infused-products manufacturer is limited to having no more than 500 marijuana plants on site unless the manufacturer is granted a waiver.

A primary caregiver who cultivates medical marijuana for his or her patients must register the cultivation site and all patient identification numbers with the medical marijuana state licensing authority and comply with all zoning and building codes.

Under current law, a medical marijuana center is subject to prohibitions on unfair business practices that may include selling products below cost. The bill allows a center to sell at a reduced cost or donate
medical marijuana to indigent patients. A medical marijuana center is authorized to sell clones in addition to medical marijuana and medical marijuana infused-products. A medical marijuana center is permitted to trade medical marijuana with another center in exact equal amounts and can sell that medical marijuana, but the medical marijuana may not be traded again.

Under current law, a medical marijuana license may not be issued to a person who has been convicted of a felony within the last 5 years or who has ever been convicted of a felony drug offense. The bill changes the requirement so that only those persons who have been convicted of felony drug offense in the last 5 years may not be issued a license. Current law imposes a 2-year residency requirement on all license applicants. The bill changes the residency requirement so that it applies only to those applicants who are going to be owners of a medical marijuana business.

Currently, a licensed medical marijuana center may not be located within 1,000 feet of a school, drug or alcohol treatment facility, higher education facility, or residential child care facility. The bill grandfathers in those centers that were located at their present sites on or before December 15, 2009. The bill repeals the provisions that made the location of optional premises cultivation operations confidential. The bill creates 2 new classes of medical marijuana licenses: A primary caregiver cultivation license, which gives a primary caregiver who has received a waiver to serve more than 5 patients or who grows more than 30 plants at a time the authority to grow medical marijuana only for his or her patients or for the patients of another primary caregiver, if the licensee has been delegated authority over the patients.

An infused-products manufacturing facility license, which allows a facility to be licensed for exclusive use by multiple infused-products manufacturers. The bill clarifies that if a patient has applied for, but has not yet received, a registry identification card, the patient may present the application and a photo identification at the time of purchase in lieu of the registration card.

The bill states that the labeling of medical marijuana-infused products is a matter of statewide concern. The bill creates a process by which a physician who has a restricted license to practice medicine may apply for clarification of whether the restriction prohibits the physician from making a medical marijuana recommendation.

A primary caregiver may delegate his or her authority to another primary caregiver with whom the primary caregiver has an existing business relationship if he or she maintains a professional relationship with a patient.
The bill states that land that is used for the cultivation of medical marijuana cannot be classified as agricultural land for tax purposes. The bill clarifies that medical marijuana medical records are medical records for the purposes of the theft of medical records statute. An owner, officer, or employee of a licensed medical marijuana business who releases the medical record of a patient commits a class 1 misdemeanor. The state licensing authority may adopt rules regarding licensing action against a licensed business that releases patient information.â?�

the bill:
http://www.leg.state.co.us/clics/cli...600583CE4?Open

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Originally Posted by copobo

A primary caregiver who cultivates medical marijuana for his or her patients must register the cultivation site and all patient identification numbers with the medical marijuana state licensing authority and comply with all zoning and building codes.

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I just skimmed the bill. I will have to read the whole thing, but I think this may only apply to people who go above 5 patients. Please read it for yourself and share your input.

that's my impression. I'm not going to weigh in on this bill yet, but it's spirit is much more positive than last years.

It's nice to see the lifetime ban is lifted from drug offenders. Bravo on that!

Wouldn't it be swell to make that even nicer, and extend it to non-violent mj offenders who's crime came before Dec 2009?

the states goals would be better served if these folks had a place in the above-ground market.

we'll see what it looks like after they take all the positives out of it in session..

Other than the church/school/park restrictions, which would better be left to localities, it doesn't seem bad. I wouldn't support further restrictions on caregivers either, but I could live with that. It will get worse as it goes through committees.

Nixing the card requirement was big, too.

I'm not sure about us now being obligated to turn over falsified applications, though. Spotting a fake card is much easier. Hopefully they'll include some training to that end.

I do not understand why a privite caregiver for only 5 patients should have to regiseter with the dept.....this is wrong on so many levels...big brother is alive and well in colorado.

denver bear, i think that is only for more than 5 patients.

for 6+ I wonder if there is going to be a fee or guidelines for exact requirements for this? we know if its a judgement call, the DOH will not issue their approval.

The first caregivers who should be considered for higher limits are those in localities with MMC bans. If there is a problem with patient access, this would help.

The bill repeals the provisions that made the location of optional premises cultivation operations confidential.



what????do they want ops to start getting robbed???

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Originally Posted by Ebbandflowian

what????do they want ops to start getting robbed???

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I'm mixed about that one. In reality, they just have the same dangers as a dispensary. All you can do is be secure. Cameras, Alarm systems, and a secure [and locked] perimeter are common sense. I think they are required by city and state ordinance anyways.

Last time our alarm tripped [wind] 3 cops showed up on the video within 2 minutes. There are apparently a lot of police in my neighborhood :)

since there is a 5 year wait on drug convicted felons OWNING a dispensary, do you think the same will apply for felons wanting to WORK for a dispensary? They need to just take that ban away all together

i think they prefer felons to continue on with new and better felonies, rather than settling down to a job gardening.

i am with fluffhead. cuz then herbal elements could come back with the best white ever I fucking miss it. an i have a drug felony for hash in a non-medical state so to do away would be all good with me.

the grower for Herbal Element is itching to get back into the scene. he has a felony for marijuana, and has a few standing job offers with a few different dispensaries once these laws hopefully get changed. He has also changed his growing methods back to his original recipe he had before Herbal Element, and I can attest that his old product was the best I have ever tried ;)

I hope it sure does change for his an my shake. I still have about a gram left of white from the june special lol

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Originally Posted by copobo

denver bear, i think that is only for more than 5 patients.

for 6+ I wonder if there is going to be a fee or guidelines for exact requirements for this? we know if its a judgement call, the DOH will not issue their approval.

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What part of the wording of the bill leads you to believe that this applies only to caregivers with more than 5 patients?

The felony clause is unconstitutional, according to the Colorado Constitution restoration of full civil rights is automatically granted upon completion of sentence. It used to be that felons in Colorado could possess firearms until they added an amendment preventing this. Why don't one of you guys effected by this contact the ACLU or hire an attorney and sue?

Sometimes I think the pols have it wrong: I don't particularly care if the smiling bearded guy at the dispensary has felony drug convictions. However, I care a lot if he has convictions for fraud, forgery or identity theft. Dispensaries have my medical records, my social security number, my credit card numbers, signature exemplars, and other sensitive personal data. An aspiring felon could probably buy a car or take out a mortgage with that information. It would make more sense to allow felons with drug convictions, but bar all other felons.

EDIT: Residency requirements are, of course, bullshit and need to go. They benefit no one.

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Originally Posted by puntacometa

What part of the wording of the bill leads you to believe that this applies only to caregivers with more than 5 patients?

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"The bill creates 2 new classes of medical marijuana licenses: A primary caregiver cultivation license, which gives a primary caregiver who has received a waiver to serve more than 5 patients or who grows more than 30 plants at a time the authority to grow medical marijuana only for his or her patients or for the patients of another primary caregiver, if the licensee has been delegated authority over the patients."

(the other limits the infused lic.)

Quote:

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Originally Posted by copobo

"The bill creates 2 new classes of medical marijuana licenses: A primary caregiver cultivation license, which gives a primary caregiver who has received a waiver to serve more than 5 patients or who grows more than 30 plants at a time the authority to grow medical marijuana only for his or her patients or for the patients of another primary caregiver, if the licensee has been delegated authority over the patients."

(the other limits the infused lic.)

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Thanks,

I guess I'm confused. My question had to do with this:

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A primary caregiver who cultivates medical marijuana for his or her patients must register the cultivation site and all patient identification numbers with the medical marijuana state licensing authority and comply with all zoning and building codes.

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I took you post to mean that if you were a primary caregiver and were growing for 5 patients or less, that you would not have to register the cultivation site, deal with the zoning/building codes, etc. I still don't see anything that would exempt a primary caregiver growing 30 plants or less any exemption from this requirement.

Anyway, thanks for your feedback on this.