Signed by Governor Bill Ritter, Jr.

Vote Smart's Synopsis:

Vote to repass a bill, after having concurred with Senate amendments thereto, that increases regulations on the use, possession, cultivation, manufacture, distribution, and sale of medical marijuana, including, but not limited to, the following highlights.

Highlights:

-Authorizes counties, cities, and municipalities to prohibit the cultivation or sale of medical marijuana either by a vote of a majority of voters in a regular or special election, or by a majority of the members of the governing board (Sec. 1, Part 1). -Authorizes counties, cities, and municipalities to establish the following regulations (Sec. 1, Part 3):

-Distance restrictions between premises for which local licenses are issued; -"Reasonable restrictions" on the size of an applicant's licensed premises; and -Any other requirement "necessary to ensure the control of the premises and the ease of enforcement of the terms of the license."

-Prohibits medical marijuana patients and primary caregivers from doing any of the following (Sec. 2, Part 10):

-Engaging the use of medical marijuana if the individual does not have a debilitating medical condition as diagnosed by the individual's physician in the course of a "bona fide physician-patient relationship" and for which the physician has recommended the use of medical marijuana; -Engaging in the use of medical marijuana in a way that "endangers the health and well-being of an individual"; -Engaging in the use of medical marijuana in plain view of or in a place open to the general public; -Undertaking any task while under the influence of medical marijuana that would constitute negligence or professional malpractice; -Engaging in the use of medical marijuana while in a correctional facility or while subject to a sentence to incarceration; -Engaging in the use of medical marijuana while in a vehicle, aircraft, or motorboat; -Operating, navigating, or be in physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; and -Possessing or engaging the use of medical marijuana while on the grounds of a school or in a school bus.

-Prohibits physicians who make patient referrals to a licensed medical marijuana facility from receiving anything of value from the medical marijuana center or its agents, servants, officers, owners, or anyone financially interested in the licensee, and prohibits licensees from offering anything of value to a physician for making patient referrals to the licensed medical marijuana center (Sec. 1, Part 9). -Establishes the State Licensing Authority to regulate the licensing of the cultivation, manufacture, distribution, and sale medical marijuana, and establishes the following powers and duties of the Authority (Sec. 1, Part 2):

-Granting or refusing state licenses; -Suspending, fining, restricting, or revoking licenses for violations of this Act; -Imposing penalties for violations of this Act; -Establishes rules and findings as necessary for the regulation and control of medical marijuana; -Conducting a public review hearing with the Department of Public Health and Environment by September 1, 2010 to receive public input on any emergency rules adopted by the Authority and be provided with updates from the industry, caregivers, patients, and other stakeholders regardin the industry's current status; -Hearing and determining at a public hearing any appeals of a state license denial and any complaints against a licensee, unless the Authority delegates this authority to the Department of Revenue Hearing Officers; -Administering oaths and issuing subpoenas to require the presence of individuals and the production of papers, books, and records required to make a determination at a hearing; -Maintaining the confidentiality of records obtained from a licensee that are exempt from public inspection according to state law; -Developing forms, licenses, identification cards, and applications necessary or convenient for the regulation and control of medical marijuana; -Annually preparing and transmitting reports to the Governor that account for the "efficient discharge" of all responsibilities; and -Requesting the Federal Drug Enforcement Administration to consider rescheduling medical marijuana from a Schedule 1 controlled substance to a Schedule II controlled substance no later than January 1, 2012.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana to any of the following individuals (Sec. 1, Part3):

-Individuals that have not paid the annual fee; -Individuals that have a criminal history indicating that the individual is not of "good moral character"; -Corporations in which any of the officers, directors, or stockholders have a criminal history that indicates that the individual is not of "good moral character"; -Individuals employing, assisted by, or financed in whole or in part by individuals that have a criminal history indicating that the individual is not of "good moral character"; -Licensed physicians making patient recommendations; -Individuals under 21 years of age; -Licensed individuals that have failed to do any of the following:
-Pay a surety bond or file any tax return with a taxing agency; -Pay any taxes, interest, or penalties due; -Pay any judgments due to a government agency; -Not defaulted on a government-insured student loan; -Pay child support; or -Remedy any outstanding delinquency for taxes owed, judgments owed to a government agency, or outstanding delinquency for child support;
-Individuals that have discharged a sentence within the last 5 years for a conviction of a felony; -Individuals that have been convicted of a felony related to the possession, distribution, or use of a controlled substance within the last 5 years; -Individuals who employ individuals at a medical marijuana facility who have not passed a criminal history record check; -Sheriffs, Deputy Sheriffs, police officers, or prosecuting officers; -Individuals whose authority to be a primary caregiver has been revoked by the State Health Agency; -Individuals whose license is for a location that is currently licensed as a retail food establishment or wholesale food registrant; and -Individuals that have not been a resident of Colorado for at least 2 years prior to the date of the individual's application, unless the individual submits an application by December 15, 2010 and the individual was a resident of Colorado as of December 15, 2009.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana for any of the following locations (Sec. 1, Part 3):

-Locations that are the same as or within 1,000 feet of a location for which the state or local licensing authority has denied any application within the last 2 years; -Locations in which the applicant is not entitled to possess the premises by virtue of ownership, or under a lease, rental agreement, or other arrangement for possession; -Locations where the cultivation, manufacture, or sale of medical marijuana is prohibited by the applicable zoning laws of the city, county, or municipality; and -Locations within 1,000 feet of a school, residential child facility, alcohol or drug treatment facility, or principal campus of a college, university, or seminary, unless the application is for the renewal or re- issuance of a license, or the local licensing authority or local governing body has amended the distance restrictions or repealed 1 or more types of schools or campuses in which the distance restriction applies.

-Establishes the following types of medical marijuana licenses (Sec. 1, Part 4):

-Medical Marijuana Center License for the purpose of selling medical marijuana, including medical- marijuana infused products, with the following requirements:
-Edible products must be packaged and labeled to clearly indicate that the product contains medical marijuana, is manufactured without any regulatory oversight for health, safety, or efficacy, and that there may be health risks associated with consuming the product; -Medical marijuana products must be labeled with a list of all chemical additives, including, but not limited to, non-organic pesticides, herbicides, and fertilizers that were used in the cultivation; -Licensees may only sell medical marijuana, other than medical marijuana-infused products, grown in its medical marijuana optional premises; -Licensees may not purchase more than 30 percent of its total on-hand inventory from another licensed medical marijuana center; and -Centers shall comply with all regulations enforced by the Department of Regulatory Agencies related to disabled individuals (24 CRS 34);
-Optional Premises Cultivation License for individuals that have a Medical Marijuana Center License for the purpose of growing and cultivating medical marijuana at an additional premises; and -Medical Marijuana-Infused Products Manufacturing License for the purpose of manufacturing and preparing medical marijuana-infused products, with the following requirements:
-Licensees shall have a written agreement or contract with a Medical Marijuana Center Licensee which includes the total amount of medical marijuana obtained from a Medical Marijuana Center Licensee to be used in the manufacturing process, and the total amount of medical marijuana-infused products to be manufactured from the medical marijuana obtained form the medical marijuana center; -Licensees shall not use medical marijuana from more than 5 different medical marijuana centers in the production of 1 medical marijuana-infused product; -Medical marijuana-infused products shall be sealed and conspicuously labeled in compliance with this Act; -Medical marijuana-infused products may not be unsealed or consumed on the premises; -Medical marijuana-infused products shall not be exempt from state or local taxes; and -Licensees that also have an Optional Premises Cultivation License shall not sell any of the medical marijuana that it cultivates.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases regulations on the use, possession, cultivation, manufacture, distribution, and sale of medical marijuana, including, but not limited to, the following highlights.

Highlights:

-Authorizes counties, cities, and municipalities to prohibit the cultivation or sale of medical marijuana either by a vote of a majority of voters in a regular or special election, or by a majority of the members of the governing board (Sec. 1, Part 1). -Authorizes counties, cities, and municipalities to establish the following regulations (Sec. 1, Part 3):

-Distance restrictions between premises for which local licenses are issued; -"Reasonable restrictions" on the size of an applicant's licensed premises; and -Any other requirement "necessary to ensure the control of the premises and the ease of enforcement of the terms of the license."

-Prohibits medical marijuana patients and primary caregivers from doing any of the following (Sec. 2, Part 10):

-Engaging the use of medical marijuana if the individual does not have a debilitating medical condition as diagnosed by the individual's physician in the course of a "bona fide physician-patient relationship" and for which the physician has recommended the use of medical marijuana; -Engaging in the use of medical marijuana in a way that "endangers the health and well-being of an individual"; -Engaging in the use of medical marijuana in plain view of or in a place open to the general public; -Undertaking any task while under the influence of medical marijuana that would constitute negligence or professional malpractice; -Engaging in the use of medical marijuana while in a correctional facility or while subject to a sentence to incarceration; -Engaging in the use of medical marijuana while in a vehicle, aircraft, or motorboat; -Operating, navigating, or be in physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; and -Possessing or engaging the use of medical marijuana while on the grounds of a school or in a school bus.

-Prohibits physicians who make patient referrals to a licensed medical marijuana facility from receiving anything of value from the medical marijuana center or its agents, servants, officers, owners, or anyone financially interested in the licensee, and prohibits licensees from offering anything of value to a physician for making patient referrals to the licensed medical marijuana center (Sec. 1, Part 9). -Establishes the State Licensing Authority to regulate the licensing of the cultivation, manufacture, distribution, and sale medical marijuana, and establishes the following powers and duties of the Authority (Sec. 1, Part 2):

-Granting or refusing state licenses; -Suspending, fining, restricting, or revoking licenses for violations of this Act; -Imposing penalties for violations of this Act; -Establishes rules and findings as necessary for the regulation and control of medical marijuana; -Conducting a public review hearing with the Department of Public Health and Environment by September 1, 2010 to receive public input on any emergency rules adopted by the Authority and be provided with updates from the industry, caregivers, patients, and other stakeholders regardin the industry's current status; -Hearing and determining at a public hearing any appeals of a state license denial and any complaints against a licensee, unless the Authority delegates this authority to the Department of Revenue Hearing Officers; -Administering oaths and issuing subpoenas to require the presence of individuals and the production of papers, books, and records required to make a determination at a hearing; -Maintaining the confidentiality of records obtained from a licensee that are exempt from public inspection according to state law; -Developing forms, licenses, identification cards, and applications necessary or convenient for the regulation and control of medical marijuana; -Annually preparing and transmitting reports to the Governor that account for the "efficient discharge" of all responsibilities; and -Requesting the Federal Drug Enforcement Administration to consider rescheduling medical marijuana from a Schedule 1 controlled substance to a Schedule II controlled substance no later than January 1, 2012.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana to any of the following individuals (Sec. 1, Part3):

-Individuals that have not paid the annual fee; -Individuals that have a criminal history indicating that the individual is not of "good moral character"; -Corporations in which any of the officers, directors, or stockholders have a criminal history that indicates that the individual is not of "good moral character"; -Individuals employing, assisted by, or financed in whole or in part by individuals that have a criminal history indicating that the individual is not of "good moral character"; -Licensed physicians making patient recommendations; -Individuals under 21 years of age; -Licensed individuals that have failed to do any of the following:
-Pay a surety bond or file any tax return with a taxing agency; -Pay any taxes, interest, or penalties due; -Pay any judgments due to a government agency; -Not defaulted on a government-insured student loan; -Pay child support; or -Remedy any outstanding delinquency for taxes owed, judgments owed to a government agency, or outstanding delinquency for child support;
-Individuals that have discharged a sentence within the last 5 years for a conviction of a felony; -Individuals that have been convicted of a felony related to the possession, distribution, or use of a controlled substance within the last 5 years; -Individuals who employ individuals at a medical marijuana facility who have not passed a criminal history record check; -Sheriffs, Deputy Sheriffs, police officers, or prosecuting officers; -Individuals whose authority to be a primary caregiver has been revoked by the State Health Agency; -Individuals whose license is for a location that is currently licensed as a retail food establishment or wholesale food registrant; and -Individuals that have not been a resident of Colorado for at least 2 years prior to the date of the individual's application, unless the individual submits an application by December 15, 2010 and the individual was a resident of Colorado as of December 15, 2009.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana for any of the following locations (Sec. 1, Part 3):

-Locations that are the same as or within 1,000 feet of a location for which the state or local licensing authority has denied any application within the last 2 years; -Locations in which the applicant is not entitled to possess the premises by virtue of ownership, or under a lease, rental agreement, or other arrangement for possession; -Locations where the cultivation, manufacture, or sale of medical marijuana is prohibited by the applicable zoning laws of the city, county, or municipality; and -Locations within 1,000 feet of a school, residential child facility, alcohol or drug treatment facility, or principal campus of a college, university, or seminary, unless the application is for the renewal or re- issuance of a license, or the local licensing authority or local governing body has amended the distance restrictions or repealed 1 or more types of schools or campuses in which the distance restriction applies.

-Establishes the following types of medical marijuana licenses (Sec. 1, Part 4):

-Medical Marijuana Center License for the purpose of selling medical marijuana, including medical- marijuana infused products, with the following requirements:
-Edible products must be packaged and labeled to clearly indicate that the product contains medical marijuana, is manufactured without any regulatory oversight for health, safety, or efficacy, and that there may be health risks associated with consuming the product; -Medical marijuana products must be labeled with a list of all chemical additives, including, but not limited to, non-organic pesticides, herbicides, and fertilizers that were used in the cultivation; -Licensees may only sell medical marijuana, other than medical marijuana-infused products, grown in its medical marijuana optional premises; -Licensees may not purchase more than 30 percent of its total on-hand inventory from another licensed medical marijuana center; and -Centers shall comply with all regulations enforced by the Department of Regulatory Agencies related to disabled individuals (24 CRS 34);
-Optional Premises Cultivation License for individuals that have a Medical Marijuana Center License for the purpose of growing and cultivating medical marijuana at an additional premises; and -Medical Marijuana-Infused Products Manufacturing License for the purpose of manufacturing and preparing medical marijuana-infused products, with the following requirements:
-Licensees shall have a written agreement or contract with a Medical Marijuana Center Licensee which includes the total amount of medical marijuana obtained from a Medical Marijuana Center Licensee to be used in the manufacturing process, and the total amount of medical marijuana-infused products to be manufactured from the medical marijuana obtained form the medical marijuana center; -Licensees shall not use medical marijuana from more than 5 different medical marijuana centers in the production of 1 medical marijuana-infused product; -Medical marijuana-infused products shall be sealed and conspicuously labeled in compliance with this Act; -Medical marijuana-infused products may not be unsealed or consumed on the premises; -Medical marijuana-infused products shall not be exempt from state or local taxes; and -Licensees that also have an Optional Premises Cultivation License shall not sell any of the medical marijuana that it cultivates.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases regulations on the use, possession, cultivation, manufacture, distribution, and sale of medical marijuana, including, but not limited to, the following highlights.

Highlights:

-Authorizes counties, cities, and municipalities to prohibit the cultivation or sale of medical marijuana either by a vote of a majority of voters in a regular or special election, or by a majority of the members of the governing board (Sec. 1, Part 1). -Authorizes counties, cities, and municipalities to establish the following regulations (Sec. 1, Part 3):

-Distance restrictions between premises for which local licenses are issued; -"Reasonable restrictions" on the size of an applicant's licensed premises; and -Any other requirement "necessary to ensure the control of the premises and the ease of enforcement of the terms of the license."

-Prohibits medical marijuana patients and primary caregivers from doing any of the following (Sec. 2, Part 10):

-Engaging the use of medical marijuana if the individual does not have a debilitating medical condition as diagnosed by the individual's physician in the course of a "bona fide physician-patient relationship" and for which the physician has recommended the use of medical marijuana; -Engaging in the use of medical marijuana in a way that "endangers the health and well-being of an individual"; -Engaging in the use of medical marijuana in plain view of or in a place open to the general public; -Undertaking any task while under the influence of medical marijuana that would constitute negligence or professional malpractice; -Engaging in the use of medical marijuana while in a correctional facility or while subject to a sentence to incarceration; -Engaging in the use of medical marijuana while in a vehicle, aircraft, or motorboat; -Operating, navigating, or be in physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; and -Possessing or engaging the use of medical marijuana while in a school bus.

-Prohibits physicians who make patient referrals to a licensed medical marijuana facility from receiving anything of value from the medical marijuana center or its agents, servants, officers, owners, or anyone financially interested in the licensee, and prohibits licensees from offering anything of value to a physician for making patient referrals to the licensed medical marijuana center (Sec. 1, Part 9). -Establishes the State Licensing Authority to regulate the licensing of the cultivation, manufacture, distribution, and sale medical marijuana, and establishes the following powers and duties of the Authority (Sec. 1, Part 2):

-Granting or refusing state licenses; -Suspending, fining, restricting, or revoking licenses for violations of this Act; -Imposing penalties for violations of this Act; -Establishes rules and findings as necessary for the regulation and control of medical marijuana; -Hearing and determining at a public hearing any appeals of a state license denial and any complaints against a licensee; -Administering oaths and issuing subpoenas to require the presence of individuals and the production of papers, books, and records required to make a determination at a hearing; -Maintaining the confidentiality of records obtained from a licensee that are exempt from public inspection according to state law; -Developing forms, licenses, identification cards, and applications necessary or convenient for the regulation and control of medical marijuana; -Annually preparing and transmitting reports to the Governor that account for the "efficient discharge" of all responsibilities; and -Requesting the Federal Drug Enforcement Administration to consider rescheduling medical marijuana from a Schedule 1 controlled substance to a Schedule II controlled substance no later than January 1, 2012.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana to any of the following individuals (Sec. 1, Part3):

-Individuals that have not paid the annual fee; -Individuals that have a criminal history indicating that the individual is not of "good moral character"; -Corporations in which any of the officers, directors, or stockholders have a criminal history that indicates that the individual is not of "good moral character"; -Individuals employing, assisted by, or financed in whole or in part by individuals that have a criminal history indicating that the individual is not of "good moral character"; -Licensed physicians making patient recommendations; -Individuals under 21 years of age; -Licensed individuals that have failed to do any of the following:
-Pay a surety bond or file any tax return with a taxing agency; -Pay any taxes, interest, or penalties due; -Pay any judgments due to a government agency; -Repay government-insured student loans; -Pay child support; or -Remedy any outstanding delinquency for taxes owed, judgments owed to a government agency, or outstanding delinquency for child support;
-Individuals that have discharged a sentence within the last 5 years for a conviction of a felony; -Individuals that have been convicted of a felony related to the possession, distribution, or use of a controlled substance within the last 5 years; -Individuals who employ individuals at a medical marijuana facility who have not passed a criminal history record check; -Sheriffs, Deputy Sheriffs, police officers, or prosecuting officers; -Individuals whose authority to be a primary caregiver has been revoked by the State Health Agency; and -Individuals whose license is for a location that is currently licensed as a retail food establishment or wholesale food registrant.

-Prohibits the issuance of a license to cultivate, manufacture, distribute, or sell medical marijuana for any of the following locations (Sec. 1, Part 3):

-Locations that are the same as or within 1,000 feet of a location for which the state or local licensing authority has denied any application within the last 2 years; -Locations in which the applicant is not entitled to possess the premises by virtue of ownership, or under a lease, rental agreement, or other arrangement for possession; -Locations where the cultivation, manufacture, or sale of medical marijuana is prohibited by the applicable zoning laws of the city, county, or municipality; and -Locations within 1,000 feet of a school, residential child facility, alcohol or drug treatment facility, or principal campus of a college, university, or seminary, unless the application is for the renewal or re- issuance of a license, or the local licensing authority or local governing body has amended the distance restrictions or repealed 1 or more types of schools or campuses in which the distance restriction applies.

-Establishes the following types of medical marijuana licenses (Sec. 1, Part 4):

-Medical Marijuana Center License for the purpose of selling medical marijuana, including edible medical-marijuana infused products, with the following requirements:
-Edible products must be packaged and labeled to clearly indicate that the product contains medical marijuana, is manufactured without any regulatory oversight for health, safety, or efficacy, and that there may be health risks associated with consuming the product; -Medical marijuana products must be labeled with a list of all chemical additives, including, but not limited to, non-organic pesticides, herbicides, and fertilizers that were used in the cultivation; -Licensees may only sell medical marijuana, other than medical marijuana-infused products, grown in its medical marijuana optional premises; and -Licensees may not purchase more than 30 percent of its total on-hand inventory from another licensed medical marijuana center;
-Optional Premises Cultivation License for individuals that have a Medical Marijuana Center License for the purpose of growing and cultivating medical marijuana at an additional premises; and -Medical Marijuana-Infused Products Manufacturing License for the purpose of manufacturing and preparing medical marijuana-infused products, with the following requirements:
-Licensees shall have a written agreement or contract with a Medical Marijuana Center Licensee which includes the total amount of medical marijuana obtained from a Medical Marijuana Center Licensee to be used in the manufacturing process, and the total amount of medical marijuana-infused products to be manufactured from the medical marijuana obtained form the medical marijuana center; -Licensees shall not use medical marijuana from 2 different medical marijuana centers in the production of 1 medical marijuana-infused product; -Medical marijuana-infused products shall be sealed and conspicuously labeled in compliance with this Act; -Medical marijuana-infused products may not be unsealed or consumed on the premises; and -Medical marijuana-infused products shall not be exempt from state or local taxes.

Full Bill Text