Colorado HB 1043 Marijuana Clean Up Bill
The Colorado medical marijuana 'clean up' bill HB 1043 sponsored by Tom Massey and Pat Steadman is moving through the legislative process.
Colorado House Bill 1043 has a large number of contentious issues and potential problems for existing patients, dispensaries, caregivers, growers, and others involved in the Colorado medical marijuana movement. It is still too early to tell if the worst of these will make the final version of the bill. In other words, if you see something you don't like, now is the time to get out and have your voice heard, make some phone calls to your representatives and drop in on proceedings to show your support for medical marijuana in Colorado and patient rights.Clearly there is a lot of extra changes hidden within this bill, but to give people a quick overview I have included the Bill Summary. To really gain an understanding, the whole bill needs to be read and digested slowly, taking notes of the major points. If you wish to follow Colorado medical Marijuana clean up bill HB 1043 you can always find that latest version and history at the following URL.
It is our individual and community responsibility to remain informed and keep advised on the reality of current legislation affecting Colorado Medical Marijuana patient rights.
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A BILL FOR AN ACT
101 CONCERNING 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.)
The bill clarifies a number of provisions in the "Colorado Medical
Marijuana Code". 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 manufactureris 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.
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