03/18/2010 05:12 am ET Updated May 25, 2011

Medical Marijuana Reform: Summary Of Draft Legislation



Draft Bill Summary

Colorado State Senate

  • The bill creates a state medical marijuana licensing authority (state licensing authority) in the Colorado Department of Revenue. The state licensing authority grants, refuses, and renews licenses for medical marijuana clinic licenses and medical marijuana grower licenses after the licensee has received a local license.
  • There will be three types of licenses:
  • -One license for medical marijuana clinics serving 300 or fewer patients;

    -One license for medical marijuana clinics serving more than 300 patients;

    -A medical marijuana grower license. A licensed medical marijuana grower must transact all sales using an electronic payment method and must file a monthly report of all sales with both local law enforcement and department of revenue. The location of each grow operation shall be provided to local law enforcement and shall be in a secure facility approved by the local license sponsor. Rules to provide for monthly audits and inspection for all three licenses shall be made by department of revenue.

  • The department of public health and environment will promulgate new rules related to standards for issuing registry medical marijuana identification cards, standards for a criminal history record check for primary caregivers, setting procedures for primary caregiver applicants, documentation for doctors who prescribe medical marijuana, and sanctions for doctors who violate the act.
  • A patient may change his or her primary caregiver no more than 4 times during a given year.
  • A group of three patients and caregivers may form a cooperative for the purpose of cultivating and exchanging medical marijuana.
  • A license chiropractor, physical therapist, acupuncturist , optometrist, or registered nurse who is registered primary caregiver may treat up to 25% of their annual patients with medical marijuana without having a medical marijuana clinic license but will not be able to obtain a marijuana grower license.
  • An individual who is permitted to use medical marijuana must have in his or her possession a registry identification card when possessing a usable form of marijuana.
  • A physician who certifies that a patient can use medical marijuana may not receive remuneration from a primary caregiver, medical marijuana clinic, or medical marijuana grower related to medical marijuana.
  • Local governments may enact zoning requirements related to medical marijuana.
  • The bill creates a medical marijuana review board (board) that will consider requests by patients under age 21 who want to be registered medical marijuana patients. For a patient under 21 to become a registered medical marijuana patient, a majority of the board must determine the patient has a debilitating medical condition and could benefit from the use of medical marijuana. Military veterans under age 21 are exempt from the medical review process.
  • State and Local sales taxes shall apply and local governments can enact a 10% excise tax on medical marijuana.
  • More clearly defines a bona fide doctor patient relationship.

(Courtesy: Senator Chris Romer)