Amendments for HB14-1122

House Journal, February 7
40 HB14-1122 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend printed bill, page 2, strike lines 8 through 20 and substitute:
45 "(XIV.5) Prohibiting the sale of MEDICAL MARIJUANA AND
46 medical marijuana-infused products unless the product is: packaged:
47 (A) In special packaging that is designed or constructed to be
48 significantly difficult for children under five years of age to open and not
49 difficult for normal adults to use properly and that does not allow the
50 product to be seen without opening the packaging material PACKAGED IN
51 PACKAGING MEETING REQUIREMENTS ESTABLISHED BY THE STATE
52 LICENSING AUTHORITY SIMILAR TO THE FEDERAL "POISON PREVENTION
53 PACKAGING ACT OF 1970", 15 U.S.C. SEC. 1471 ET SEQ.; or
54 (B) In packaging that is labeled "Medicinal product - keep out of
55 reach of children"; PLACED IN AN EXIT PACKAGE OR CONTAINER AT THE
56 POINT OF SALE PRIOR TO EXITING THE STORE, AND THE CONTAINER OR
1 PACKAGE MEETS THE REQUIREMENTS ESTABLISHED BY THE STATE
2 LICENSING AUTHORITY.".
3
4 Page 4, line 14, after "sell" insert "OR PERMIT THE SALE OF".
5 Page 4, after line 26 insert:
6
7 "SECTION 4. In Colorado Revised Statutes, 18-18-102, add
8 (14.5) and (16.5) as follows:
9 18-18-102. Definitions. As used in this article:
10 (14.5) "ENCLOSED" MEANS A PERMANENT OR SEMI-PERMANENT
11 AREA COVERED AND SURROUNDED ON ALL SIDES. TEMPORARY OPENING OF
12 WINDOWS OR DOORS OR THE TEMPORARY REMOVAL OF WALL OR CEILING
13 PANELS DOES NOT CONVERT THE AREA INTO AN UNENCLOSED SPACE.
14 (16.5) "LOCKED SPACE" MEANS SECURED AT ALL POINTS OF
15 INGRESS OR EGRESS WITH A LOCKING MECHANISM DESIGNED TO LIMIT
16 ACCESS SUCH AS WITH A KEY OR COMBINATION LOCK.
17
18 SECTION 5. In Colorado Revised Statutes, 18-18-406, amend
19 (3) as follows:
20 18-18-406. Offenses relating to marijuana and marijuana
21 concentrate. (3) (a) It is unlawful for a person to knowingly cultivate,
22 grow, or produce a marijuana plant or knowingly allow a marijuana plant
23 to be cultivated, grown, or produced on land that the person owns,
24 occupies, or controls. A person who violates the provisions of this
25 subsection (3) commits:
26 (a) (I) A level 3 drug felony if the offense involves more than
27 thirty plants;
28 (b) (II) A level 4 drug felony if the offense involves more than six
29 but not more than thirty plants; or
30 (c) (III) A level 1 drug misdemeanor if the offense involves not
31 more than six plants.
32 (b) IT IS NOT A VIOLATION OF THIS SUBSECTION (3) IF:
33 (I) THE PERSON IS LAWFULLY CULTIVATING MEDICAL MARIJUANA
34 PURSUANT TO THE AUTHORITY GRANTED IN SECTION 14 OF ARTICLE XVIII
35 OF THE STATE CONSTITUTION; OR
36 (II) THE PERSON IS LAWFULLY CULTIVATING MARIJUANA IN AN
37 ENCLOSED AND LOCKED SPACE PURSUANT TO THE AUTHORITY GRANTED
38 IN SECTION 16 OF ARTICLE XVIII OF THE STATE CONSTITUTION; EXCEPT
39 THAT, IF THE CULTIVATION AREA IS LOCATED IN A RESIDENCE AND:
40 (A) A PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT THE
41 RESIDENCE, THE CULTIVATION AREA ITSELF MUST BE ENCLOSED AND
42 LOCKED; AND
43 (B) IF NO PERSON UNDER TWENTY-ONE YEARS OF AGE LIVES AT
44 THE RESIDENCE, THE EXTERNAL LOCKS OF THE RESIDENCE CONSTITUTES
45 AN ENCLOSED AND LOCKED SPACE. IF A PERSON UNDER TWENTY-ONE
46 YEARS OF AGE ENTERS THE RESIDENCE, THE PERSON MUST ENSURE THAT
47 ACCESS TO THE CULTIVATION SITE IS REASONABLY RESTRICTED FOR THE
48 DURATION OF THAT PERSON'S PRESENCE IN THE RESIDENCE.".
49
50 Renumber succeeding section accordingly.
51
52

Senate Journal, February 27
After consideration on the merits, the Committee recommends that HB14-1122 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 2, line 18, before "EXIT" insert "OPAQUE
AND RESEALABLE".

Page 6, after line 14 insert:
"SECTION 6. In Colorado Revised Statutes, 12-43.3-104, add
(10.5) and (14.5) as follows:
12-43.3-104. Definitions. As used in this article, unless the
context otherwise requires:
(10.5) "OPAQUE" MEANS THAT THE PACKAGING DOES NOT ALLOW
THE PRODUCT TO BE SEEN WITHOUT OPENING THE PACKAGING MATERIAL.
(14.5) "RESEALABLE" MEANS THAT THE PACKAGE CONTINUES TO
FUNCTION WITH EFFECTIVENESS SPECIFICATIONS, WHICH SHALL BE
ESTABLISHED BY THE STATE LICENSING AUTHORITY SIMILAR TO THE
FEDERAL "POISON PREVENTION PACKAGING ACT OF 1970", 15 U.S.C.
SEC. 1471 ET SEQ., FOR THE NUMBER OF OPENINGS AND CLOSINGS
CUSTOMARY FOR ITS SIZE AND CONTENTS, WHICH SHALL BE DETERMINED
BY THE STATE LICENSING AUTHORITY.
SECTION 7. In Colorado Revised Statutes, 12-43.4-103, add
(10.5) and (14.5) as follows:
12-43.4-103. Definitions. As used in this article, unless the
context otherwise requires:
(10.5) "OPAQUE" MEANS THAT THE PACKAGING DOES NOT ALLOW
THE PRODUCT TO BE SEEN WITHOUT OPENING THE PACKAGING MATERIAL.
(14.5) "RESEALABLE" MEANS THAT THE PACKAGE CONTINUES TO
FUNCTION WITH EFFECTIVENESS SPECIFICATIONS, WHICH SHALL BE
ESTABLISHED BY THE STATE LICENSING AUTHORITY SIMILAR TO THE
FEDERAL "POISON PREVENTION PACKAGING ACT OF 1970", 15 U.S.C.
SEC. 1471 ET SEQ., FOR THE NUMBER OF OPENINGS AND CLOSINGS
CUSTOMARY FOR ITS SIZE AND CONTENTS, WHICH SHALL BE DETERMINED
BY THE STATE LICENSING AUTHORITY.
SECTION 8. In Colorado Revised Statutes, 12-43.4-202, amend
(3) (c) (I) introductory portion and (3) (c) (III) (B) as follows:
12-43.4-202. Powers and duties of state licensing authority -
rules. (3) (c) Rules promulgated pursuant to paragraph (b) of subsection
(2) of this section must also include the following subjects, and the state
licensing authority may seek the assistance of the department of public
health and environment when necessary before promulgating the rules:
(I) Signage, marketing, and advertising, including but not limited
to a prohibition on mass-market campaigns that have a high likelihood
of reaching minors PERSONS UNDER TWENTY-ONE YEARS OF AGE and
other such rules that may include:
(III) Prohibiting the sale of retail marijuana and retail marijuana
products unless:
(B) The product is placed in an OPAQUE AND RESEALABLE exit
package or container meeting requirements established by the state
licensing authority at the point of sale prior to exiting the store;".

Renumber succeeding section accordingly.