Amendments for HB21-1317
House Journal, May 19
35 HB21-1317 be amended as follows, and as so amended, be referred to
36 the Committee on Finance with favorable
37 recommendation:
38
39 Amend printed bill, page 8, line 3, before "RECORDS" insert "EXISTING".
40
41 Page 8, line 5, strike "PRACTICE;" and substitute "PRACTICE. THIS
42 SUBSECTION (2)(a.5)(I) DOES NOT REQUIRE A MENTAL HEALTH
43 EXAMINATION PRIOR TO MAKING A RECOMMENDATION.".
44
45 Page 11, after line 11, insert:
46 "(b) THIS SUBSECTION (5.5) DOES NOT APPLY TO A PATIENT
47 EIGHTEEN TO TWENTY YEARS OF AGE IF THE PATIENT HAD A REGISTRY
48 IDENTIFICATION CARD PRIOR TO EIGHTEEN YEARS OF AGE.".
49
50 Page 19, line 14, strike the first "OR".
51
52 Page 19, line 15, strike "PURCHASE." and substitute "PURCHASE, OR IF THE
53 PATIENT HAD A REGISTRY IDENTIFICATION CARD PRIOR TO EIGHTEEN
54 YEARS OF AGE.".
55
1 Page 19, line 21, strike "HOMEBOUND OR" and substitute "HOMEBOUND,".
2
3 Page 19, line 23, strike "CONCENTRATE." and substitute "CONCENTRATE,
4 OR IF IT WOULD BE A SIGNIFICANT PHYSICAL OR GEOGRAPHIC HARDSHIP
5 FOR THE PATIENT TO MAKE A DAILY PURCHASE, OR IF THE PATIENT HAD A
6 REGISTRY IDENTIFICATION CARD PRIOR TO EIGHTEEN YEARS OF AGE.".
7
8
House Journal, May 25
25 HB21-1317 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend the Public & Behavioral Health & Human Services Report, dated
30 May 18, 2021, page 1, strike line 1 and substitute:
31
32 "Amend printed bill, page 4, line 3, after "THE" insert "POSSIBLE".
33
34 Page 4, line 21, strike "ARE AND WHEN" and substitute "ARE, WHAT
35 STUDIES ARE NEEDED TO FILL THOSE GAPS, THE FUNDING NEEDED TO
36 COMPLETE THOSE STUDIES, AND THE TIMELINE FOR COMPLETION OF THE
37 NECESSARY STUDIES.".
38
39 Page 4, strike line 22.
40
41 Page 6, line 14, strike "PRESCRIPTION, DOSAGE, AND".
42
43 Page 6, strike line 24 and substitute:
44 "(IX) A LICENSED SUBSTANCE USE DISORDER SPECIALIST.".
45
46 Page 6, after line 24 insert:
47 "(c) THE SCIENTIFIC REVIEW COUNCIL SHALL POST PUBLIC NOTICE
48 OF EACH COMMITTEE MEETING AT LEAST TWO WEEKS BEFORE THE
49 MEETING. THE COMMITTEE SHALL ALLOW THE PUBLIC TO SUBMIT WRITTEN
50 COMMENTS AT EACH MEETING.".
51
52 Page 7, line 1, after "AND" insert "ON PHYSICAL AND".
53
54 Page 7, strike lines 4 through 8.
55
1 Page 7, line 11, after "(5)(f)," insert "(5)(g),".
2
3 Page 8, line 3, before "RECORDS" insert "EXISTING".".
4
5 Page 1 of the committee report, after line 1 insert:
6
7 "Page 8, line 4, strike "PROVIDER" and substitute "PROVIDER. THIS
8 SUBSECTION (2)(a.5)(I) DOES NOT REQUIRE A MENTAL HEALTH
9 EXAMINATION PRIOR TO MAKING A RECOMMENDATION.".".
10
11 Page 1 of the committee report, strike lines 2 through 4 and substitute:
12
13 "Page 8, strike line 5.
14
15 Page 8, strike lines 23 and 24 and substitute "ONLY AUTHORIZE MEDICAL
16 MARIJUANA IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, ANY
17 RULES PROMULGATED PURSUANT TO THIS SECTION, ARTICLE 220 OF TITLE
18 12 AND ANY RULES PROMULGATED PURSUANT TO THAT ARTICLE FOR A
19 DENTIST, ARTICLE 240 OF TITLE 12 AND ANY RULES PROMULGATED
20 PURSUANT TO THAT ARTICLE, AND ARTICLE 255 OF TITLE 12 AND ANY
21 RULES PROMULGATED PURSUANT TO THAT ARTICLE FOR AN ADVANCED
22 PRACTICE REGISTERED NURSE.".
23
24 Page 9, line 4, after "THE" insert "MAXIMUM".
25
26 Page 9, strike line 6 and substitute:
27 "(E) THE RECOMMENDED PRODUCT, IF ANY;".
28
29 Page 10, line 7, strike "REGULARLY".
30
31 Page 10, after line 10 insert:
31 32 "(g) THE DEPARTMENT SHALL REPORT ON OR BEFORE JANUARY
33 OF EACH YEAR THE NUMBER OF PHYSICIANS WHO MADE MEDICAL
34 MARIJUANA RECOMMENDATIONS IN THE PREVIOUS YEAR AND WITHOUT
35 IDENTIFYING THE PHYSICIAN THE NUMBER OF RECOMMENDATIONS EACH
36 PHYSICIAN MADE AND THE AGGREGATE NUMBER OF HOMEBOUND
37 PATIENTS AGES EIGHTEEN TO TWENTY IN THE REGISTRY.".
38
39 Page 10, line 12, strike "(a)".
40
41 Page 10, line 16, strike "(I)" and substitute "(a)".
42
43 Page 10, line 27, strike "(II)" and substitute "(b)".
44
45 Page 11, line 1, strike "(5.5)(a)(I)" and substitute "(5.5)(a)".
46
47 Page 11, line 3, strike "(III)" and substitute "(c)" and strike "(5.5)(a)(II)"
48 and substitute "(5.5)(b)".
49
50 Page 11, line 9, strike "(IV)" and substitute "(d)".
51
52 Page 11, line 11, strike "(5.5)(a)(I) OF THIS SECTION." and substitute
53 "(5.5)(a) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION (5.5)(d) DOES
54 NOT APPLY TO A HOMEBOUND PATIENT.".".
55
1 Page 1 of the committee report, after line 8, insert:
2
3 "Page 14, line 8, after the period add "MEDICAL MARIJUANA
4 CONCENTRATE MAY ALSO INCLUDE RESIDUAL AMOUNTS OF THE TYPES OF
5 SOLVENTS, AS PERMITTED BY THE MARIJUANA RULES. THE STATE
6 LICENSING AUTHORITY MAY FURTHER DEFINE BY RULE SUBCATEGORIES
7 OF MEDICAL MARIJUANA CONCENTRATE AND AUTHORIZE LIMITED
8 INGREDIENTS BASED ON THE METHOD OF PRODUCTION OF MEDICAL
9 MARIJUANA CONCENTRATE. UNLESS THE CONTEXT OTHERWISE REQUIRES,
10 10 MEDICAL MARIJUANA CONCENTRATE IS INCLUDED WHEN THIS ARTICLE
11 REFERS TO MEDICAL MARIJUANA PRODUCT.".
12
13 Page 14, line 16, after the period add "RETAIL MARIJUANA CONCENTRATE
14 MAY ALSO INCLUDE RESIDUAL AMOUNTS OF THE TYPES OF SOLVENTS, AS
15 PERMITTED BY THE MARIJUANA RULES. THE STATE LICENSING AUTHORITY
16 MAY FURTHER DEFINE BY RULE SUBCATEGORIES OF RETAIL MARIJUANA
17 CONCENTRATE AND AUTHORIZE LIMITED INGREDIENTS BASED ON THE
18 METHOD OF PRODUCTION OF RETAIL MARIJUANA CONCENTRATE. UNLESS
19 THE CONTEXT OTHERWISE REQUIRES, RETAIL MARIJUANA CONCENTRATE
20 IS INCLUDED WHEN THIS ARTICLE 10 REFERS TO RETAIL MARIJUANA
21 PRODUCT.".
22
23 Page 14, line 18, strike "(2)(ff)(VII)" and substitute "(2)(dd)(IX),
24 (2)(ff)(VII)," and after "(2)(jj)," insert "(2)(kk),".
25
26 Page 14, after line 22 insert:
27 "(dd) Requirements for medical marijuana and medical marijuana
28 products delivery as described in section 44-10-501 (11) and section
29 44-10-505 (5) and retail marijuana and retail marijuana products delivery
30 as described in section 44-10-601 (13) and section 44-10-605 (5),
31 including:
32 (IX) Inventory tracking system requirements, WHICH INCLUDE THE
33 ABILITY TO DETERMINE THE AMOUNT OF MEDICAL MARIJUANA A PATIENT
34 HAS PURCHASED THAT DAY IN REAL TIME BY SEARCHING A PATIENT
35 REGISTRATION NUMBER;".
36
37 Page 14, strike lines 25 and 26.
38
39 Reletter succeeding paragraphs accordingly.
40
41 Page 15, strike line 2.
42
43 Page 15, line 3, strike "A" and substitute "EFFECTIVE JANUARY 1, 2023,
44 A".
45
46 Page 15, line 4, after "PHYSICIANS" insert "WHEN AUTHORIZING THE
47 PATIENT TO PURCHASE MORE THAN THE STATUTORILY ALLOWED
48 QUANTITIES," and strike "(5)" and substitute "(5),".
49
50 Page 15, line 5, after "STORES." insert "THE FORM MUST CONTAIN A
51 UNIFORM WEIGHT AND UNIFORM POTENCY DESCRIPTION TO ENABLE A
52 MEDICAL MARIJUANA STORE TO FULFILL ITS OBLIGATIONS WITHOUT THE
53 NEED TO MAKE A FURTHER CALCULATION OR EXAMINE OTHER
54 DOCUMENTS. THE FORM SHALL NOT CONTAIN ANY INFORMATION
55 CONCERNING THE PATIENT'S MEDICAL CONDITION OR DIAGNOSIS.
1 (jj) A TANGIBLE EDUCATIONAL RESOURCE REGARDING THE USE OF
2 REGULATED MARIJUANA CONCENTRATE. THE EDUCATIONAL RESOURCE
3 MUST PROVIDE INFORMATION AS DETERMINED BY RULE AND EDUCATION
4 INCLUDING BUT NOT LIMITED TO:
5 (I) EXAMPLES OF VISUAL REPRESENTATION OF A SERVING SIZE
6 RECOMMENDED FOR EACH TYPE OF CONCENTRATE;
7 (II) RISKS AND PRECAUTIONS;
8 (III) OTHER STATUTORY AND REGULATORY LABELING
9 REQUIREMENTS MANDATED ON MARIJUANA PRODUCTS; AND
10 (IV) A NOTICE THAT DESCRIBES THE PENALTIES ASSOCIATED WITH
11 MARIJUANA DIVERSION.
12 (kk) EFFECTIVE JANUARY 1, 2023, REQUIREMENTS FOR MEDICAL
13 AND RETAIL MARIJUANA CONCENTRATE TO PROMOTE CONSUMER HEALTH
14 AND AWARENESS, WHICH SHALL INCLUDE A RECOMMENDED SERVING SIZE,
15 INDIVIDUAL IDENTIFIED SERVINGS, LABELING REQUIREMENTS, AND MAY
16 INCLUDE A MEASURING DEVICE THAT IS A COMPONENT OF THE PACKAGE
17 AND OTHER REQUIREMENTS.".
18
19 Page 15, line 26, strike "(3)(g), (3)(h)," and substitute "(3)(g)".
20
21 Page 16, strike lines 26 and 27.
22
23 Page 17, strike lines 1 and 2.
24
25 Page 17, line 3, strike "(h)" and substitute "(3) (g)".
26
27 Page 17, line 5, strike "PAMPHLET DEVELOPED PURSUANT TO SECTION"
28 and substitute "TANGIBLE EDUCATIONAL RESOURCE CREATED BY THE
29 STATE LICENSING AUTHORITY THROUGH RULE-MAKING PURSUANT TO
30 SECTION 44-10-203 (2)(jj) REGARDING THE USE OF MEDICAL MARIJUANA
31 CONCENTRATE.".
32
33 Page 17, strike lines 6 and 7.
34
35 Page 18, line 13, after "EXCEED" insert "STATUTORILY ALLOWED
36 QUANTITIES OR THE".".
37
38 Page 1 of the committee report, after line 17, insert:
39
40 "Page 19, strike lines 24 through 27.
41
42 Page 20, strike lines 1 and 2.
43
44 Page 20, line 4, strike "(3)(f),".
45
46 Page 20, strike lines 6 through 9.
47
48 Page 20, line 10, strike "(e)" and substitute "(3) (d)".
49
50 Page 20, line 12, strike "PAMPHLET DEVELOPED PURSUANT TO SECTION"
51 and substitute "TANGIBLE EDUCATIONAL RESOURCE CREATED BY THE
52 STATE LICENSING AUTHORITY THROUGH RULE-MAKING PURSUANT TO
53 SECTION 44-10-203 (2)(jj) REGARDING THE USE OF MEDICAL MARIJUANA
54 CONCENTRATE.".
55
1 Page 20, strike line 13.
2
3 Page 20, line 14, strike "(f)" and substitute "(e)".
4
5 Page 20, strike lines 14 through 19.
6
7 Page 20, after line 22 insert:
8 "SECTION 10. Appropriation. (1) For the 2021-22 state fiscal
9 year, $4,000,000 is appropriated to the department of higher education.
10 This appropriation is from the marijuana tax cash fund created in section
11 39-28.8-501 (1), C.R.S. To implement this act, the department may use
12 this appropriation for regents of the university of Colorado for use by the
13 school of public health. Any money appropriated in this section but not
14 expended prior to July 1, 2022 is further appropriated to the department
15 for the 2022-23 fiscal year for the same purpose.
16 (2) For the 2021-22 state fiscal year, $460,227 is appropriated to
17 the department of public health and environment for use by the center for
18 health and environmental information This appropriation consists of
19 $173,250 from the general fund and $286,977 from the medical marijuana
20 program cash fund created in section 25-1.5-106 (16)(a), C.R.S. To
21 implement this act, the center may use this appropriation as follows:
22 (a) $102,417 from the medical marijuana program cash fund for
23 personal services related to the medical marijuana registry, which amount
6 24 is based on an assumption that the registry will require an additional 1.
25 FTE;
26 (b) $184,560 from the medical marijuana program cash fund for
27 operating expenses related to the medical marijuana registry;
28 (c) $118,150 from the general fund for personal services related
29 to health statistics and vital records, which amount is based on an
30 assumption that the registry will require an additional 1.8 FTE; and
31 (d) $55,100 from the general fund for operating expenses related
32 to health statistics and vital records.
33 (3) For the 2021-22 state fiscal year, $255,167 is appropriated to
34 the department of revenue. This appropriation is from the marijuana cash
35 fund created in section 44-10-801 (1)(a), C.R.S. To implement this act,
36 the department may use this appropriation as follows:
37 (a) $159,461 for use by the specialized business group for
38 marijuana enforcement, which amount is based on an assumption that the
39 subdivision will require an additional 1.5 FTE; and
40 (b) $95,706 for the purchase of legal services.
41 (4) For the 2021-22 state fiscal year, $95,706 is appropriated to
42 the department of law. This appropriation is from reappropriated funds
43 received from the department of revenue under subsection (3)(b) of this
44 section and is based on an assumption that the department of law will
45 require an additional 0.5 FTE. To implement this act, the department of
46 law may use this appropriation to provide legal services for the
47 department of revenue.".
48
49 Renumber succeeding section accordingly.
50
51 Page 1, line 102, strike "CONSUMPTION." and substitute "CONSUMPTION,
52 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
53
54
House Journal, May 26
8 Amendment No. 1, Appropriations Report, dated May 25, 2021, and
9 placed in member's bill file; Report also printed in House Journal,
10 May 25, 2021.
11
12 Amendment No. 2, Public & Behavioral Health & Human Services
13 Report, dated May 18, 2021, and placed in member's bill file; Report also
14 printed in House Journal, May 19, 2021.
15
16 Amendment No. 3, by Speaker Garnett.
17
18 Amend the Appropriations Committee Report, dated May 25, 2021, page
19 5, line 5, strike "INDIVIDUAL IDENTIFIED SERVINGS," and substitute
20 "VISUAL REPRESENTATION OF ONE RECOMMENDED SERVING,".
21
22 Page 5, lines 6 and 7, strike "IS A COMPONENT OF THE PACKAGE AND
23 OTHER REQUIREMENTS." and substitute "MAY BE USED TO MEASURE ONE
24 RECOMMENDED SERVING.".
25
26 Amendment No. 4, by Representative Caraveo.
27
28 Amend the Appropriations Committee Report, dated May 25, 2021, page
29 1, after line 8 insert:
30
31 "Page 6, line 9, strike "MEMBERS" and substitute "MEMBERS, WITH A GOAL
32 OF AT LEAST TWENTY-FIVE PERCENT OF THE MEMBERS REPRESENTING
33 COMMUNITIES OF COLOR,".
34
35 Page 6, line 10, strike "CONFLICT OF INTEREST" and substitute
36 "PECUNIARY INTEREST".
37
38 Page 6, line 11, strike "CONFLICT OF INTEREST" and substitute
39 "PECUNIARY INTEREST, WHO REPRESENT AN UNBIASED GROUP OF
40 PROFESSIONALS,".".
41
42 Page 1 of the committee report, strike line 9 and substitute:
43
44 "Page 6, strike lines 14 and 15 and substitute:
45
46 "(II) A PHYSICIAN FAMILIAR WITH THE ADMINISTRATION OF
47 MEDICAL MARIJUANA PURSUANT TO CURRENT STATE LAWS WITH
48 EXPERIENCE RECOMMENDING MEDICAL MARIJUANA TO THOSE ARE AGE
49 ZERO TO SEVENTEEN;".
50
51 Page 6, line 23, strike "AND".".
52
53 Page 1 of the committee report, line 11, strike "SPECIALIST.".". and
54 substitute: "SPECIALIST;
55 (X) A NEUROPSYCHOPHARMACOLOGIST; AND
1 (XI) A MEDICAL OR PUBLIC HEALTH EXPERT WHO SPECIALIZES IN
2 RACIAL AND HEALTH DISPARITIES AND SYSTEMIC INEQUALITIES IN HEALTH
3 CARE AND MEDICINE.".".
4
5 Amendment No. 5, by Speaker Garnett.
6
7 Amend the Appropriations Committee Report, dated May 25, 2021, page
8 1, line 7, strike "STUDIES."." and substitute "STUDIES. NOTHING IN THIS
9 SECTION SHALL PRECLUDE THE COLORADO SCHOOL OF PUBLIC HEALTH
10 FROM MAKING RECOMMENDATIONS REGARDING APPROPRIATE
11 REGULATORY MEASURES TO THE SCIENTIFIC REVIEW COUNCIL CREATED
12 IN SUBSECTION (2)(b) OF THIS SECTION.".".
13
14 Page 1 of the committee report, strike lines 15 and 16 and substitute
15 "MEETING AND THE MEETINGS MUST BE BROADCAST TO THE PUBLIC.
16 NOTHING PRECLUDES THE PUBLIC FROM SUBMITTING WRITTEN COMMENTS
17 TO THE COMMITTEE.".".
18
19 Page 2 of the committee report, after line 20 insert:
20
21 "Page 9, line 7, strike "QUANTITY;" and substitute "QUANTITY, IF SUCH
22 QUANTITY EXCEEDS THE MAXIMUM STATUTORILY ALLOWED AMOUNT FOR
23 THE PATIENT'S AGE;".".
24
25 Page 5 of the committee report, after line 17 insert:
26
27 "Page 17, strike lines 19 and 20 and substitute "EXCEED THE PATIENT'S
28 DAILY AUTHORIZED QUANTITY LIMIT OR THE AMOUNT LISTED ON THE
29 PATIENT'S CERTIFICATION, WHICHEVER IS GREATER, AND THE PURCHASE
30 ALIGNS WITH THE PURCHASE AUTHORITY INFORMATION IN THE
31 SEED-TO-SALE TRACKING SYSTEM.".
32
33 Page 18, line 11, strike "THE" and substitute "IF THE PATIENT SEEKS TO
34 PURCHASE MORE THAN THE STATUTORILY ALLOWED DAILY AUTHORIZED
35 LIMIT OF CONCENTRATE FOR THE PATIENT'S AGE GROUP, THE".".
36
37 Page 5 of the committee report, after line 19 insert:
38
39 "Page 18, lines 18 through 20, strike "store; EXCEPT THAT THE
40 LIMITATIONS IN SUBSECTION (13) OF THIS SECTION APPLY REGARDLESS OF
41 THE AMOUNT IN THE PHYSICIAN EXEMPTION." and substitute "store.".".
42
43 Amendment No. 6, by Speaker Garnett.
44
45 Amend printed bill, page 12, line 8, strike "report." and substitute
46 "report - working group.".
47
48 Page 12, strike lines 9 through 24 and substitute "ASSOCIATION
49 REPRESENTING CORONERS SHALL ESTABLISH A WORKING GROUP TO STUDY
50 METHODS TO TEST FOR THE PRESENCE AND QUANTITY OF THC, INCLUDING
51 AND IDENTIFYING IF THE PRESENCE OF THC WAS IN CONJUNCTION WITH
52 ALCOHOL OR OTHER DRUGS, AND ITS METABOLITE IN EACH CASE OF A
53 NON-NATURAL DEATH, EXCLUDING HOMICIDE, OF A PERSON UNDER
54 TWENTY-FIVE YEARS OF AGE. THESE RECOMMENDATIONS SHALL BE
55 COMPLETED BY JULY 1, 2022, AND REPORTED THE HOUSE OF
1 REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE AND THE SENATE
2 HEALTH AND HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR
3 COMMITTEES.
4 (b) BEGINNING JANUARY 1 2022, THE CORONER SHALL COMPLETE
5 A FULL TOXICOLOGY SCREEN, INCLUDING TESTING FOR THE PRESENCE OF
6 THC, ALCOHOL, AND OTHER DRUGS, IN EACH CASE OF A NON-NATURAL
7 DEATH, EXCLUDING HOMICIDE, OF A COLORADO RESIDENT UNDER
8 TWENTY-FIVE YEARS OF AGE. UPON REQUEST OF A COUNTY, THE
9 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL REIMBURSE
10 A CORONER FOR THE COSTS ASSOCIATED WITH COMPLETING A
11 TOXICOLOGY SCREEN. IN ADDITION, AT THE REQUEST OF A COUNTY, THE
12 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE LOCAL
13 HEALTH DEPARTMENT MAY PROVIDE TRAINING AND SUPPLIES FOR
14 TOXICOLOGY DRAWS.
15 (c) THE CORONER SHALL COMPLY WITH THE REQUEST FOR DATA
16 CONCERNING THE DE-IDENTIFIED RESULTS OF THE TOXICOLOGY SCREEN
17 REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION TO THE COLORADO
18 VIOLENT DEATH REPORTING SYSTEM.
19 (d) IN THE EVENT OF A DEATH IN A HOSPITAL, THE HOSPITAL SHALL
20 ORDER THE TOXICOLOGY SCREEN AS DESCRIBED IN SUBSECTION (1)(a) OF
21 THIS SECTION AND PROVIDE THE RESULTS OF THE TOXICOLOGY SCREEN TO
22 THE HEALTH INFORMATION EXCHANGE
23 (2) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
24 SHALL PRODUCE AN ANNUAL REPORT OF THE INFORMATION REPORTED IN
25 SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION BEGINNING JANUARY 2,
26 2023, AND ANNUALLY EACH YEAR THEREAFTER. THE REPORT CAN BE
27 PRODUCED IN CONJUNCTION WITH THE REPORT REQUIRED PURSUANT TO
28 SECTION 25-3-126.".
29
30 Amendment No. 7, by Representative Gonzales-Gutierrez.
31
32 Amend printed bill, page 5, line 26, after the period add "ANY
33 RECOMMENDATIONS MUST NOT INCLUDE ADDITIONAL CRIMINAL
34 PENALTIES RELATED TO MARIJUANA CONCENTRATE USE, POSSESSION, OR
35 POSSESSION OF PARAPHERNALIA OR NEW CRIMES RELATED TO MARIJUANA
36 CONCENTRATE USE, POSSESSION, OR POSSESSION OF PARAPHERNALIA.".
37
38 Page 11, line 24, strike "PATIENTS" and substitute "PATIENTS, INCLUDING
39 DEMOGRAPHIC INFORMATION REGARDING PATIENTS' AGE, RACE,
40 ETHNICITY, GENDER, AND GEOGRAPHIC LOCATION,".
41
42 Amendment No. 8, by Representative Ransom.
43
44 Amend printed bill, page 16, after line 25, insert:
45
46 "(III) THE DATA COLLECTED PURSUANT TO THIS SUBSECTION
47 (1)(b) IS CONFIDENTIAL AND SHALL NOT BE SHARED WITH ANYONE EXCEPT
48 WHEN IT IS NECESSARY TO COMPLETE A SALE.".
49
50 As amended, ordered engrossed and placed on the Calendar for Third
51 Reading and Final Passage.
52
House Journal, May 26
53 Amend printed bill, page 16, line 13, strike "AND".
54
55 Page 16, strike line 17 and substitute "AUTHORIZATION; AND".
1 Page 16, after line 17 insert:
2
3 "(D) PERMANENTLY DELETE ANY PATIENT PERSONAL IDENTIFYING
4 INFORMATION ENTERED INTO THE SYSTEM AS A RESULT OF A SALE FROM
5 THE SYSTEM EVERY THIRTY DAYS.".
6
7 The amendment was withdrawn.
Senate Journal, June 1
After consideration on the merits, the Committee recommends that HB21-1317 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 20, strike lines 23 through 25.
Appro-
priations
Senate Journal, June 2
After consideration on the merits, the Committee recommends that HB21-1317 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 15, line 25, strike "GENERAL FUND." and
substitute "MARIJUANA TAX CASH FUND.".
Page 24, line 26, strike "$460,227" and substitute "$541,826".
Page 25, line 2, strike "$173,250" and substitute "$265,656" and strike
"$286,977" and substitute "$276,170".
Page 25, line 5, strike "$102,417" and substitute ""$110,935".
Page 25, line 7 "1.6" and substitute "2.1".
Page 25, Line 9, strike "$184,560" and substitute "$165,235".
Page 25, line 11, strike "$118,150" and substitute "$151,521".
Page 25, line 13, strike "1.8 FTE;" and substitute "2.4 FTE;".
Page 25, line 14, strike "$55,100" and substitute "$32,110".
Page 25, after line 15 insert:
"(e) $82,025 from the general fund for reimbursement to coroners.
(3) For the 2021-22 state fiscal year, $50,000 is appropriated to the
department of public health and environment for use by disease control and
public health response. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for certification
related to laboratory services.".
Renumber succeeding subsections accordingly.
Appro-
priations
Senate Journal, June 2
HB21-1317 by Representative(s) Garnett and Caraveo, Geitner; also Senator(s) Hansen and Lundeen,
Priola--Concerning the regulation of marijuana for safe consumption, and, in connection
therewith, making an appropriation.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, June 1, page(s) 1219 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 2, page(s) 1260 and placed in members' bill files.)
Amendment No. 3(L.047), by Senator Priola.
Amend reengrossed bill, page 9, line 18, after "SECTION," insert "THE
PHYSICIAN'S RESPECTIVE PRACTICE ACT,".
Page 11, strike line 10 and substitute "EVERY TWO YEARS.".
Page13, line 23, before "IF" insert "HOW LONG AGO THE THC WAS CONSUMED,".
Page 14, strike lines 15 through 18 and substitute:
"(c) THE CORONER SHALL SHARE THE INFORMATION COLLECTED
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION WITH THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT FOR INCLUSION INTO THE VIOLENT DEATH
REPORTING SYSTEM. HOWEVER, THE INFORMATION COLLECTED BY THE
CORONER AND SHARED WITH THE DEPARTMENT IS NOT A PUBLIC RECORD UNDER
THE "COLORADO OPEN RECORDS ACT"; EXCEPT THAT THE INFORMATION SHALL
BE MADE AVAILABLE TO A PARENT OR A DULY APPOINTED LEGAL
REPRESENTATIVE OF THE DECEASED UPON REQUEST. THE DEPARTMENT SHALL
MAKE THE DE-IDENTIFIED AGGREGATE OF THE INFORMATION PROVIDED
PURSUANT TO THIS SUBSECTION (1)(c) AVAILABLE FOR RESEARCH PURPOSES.".
Page 14, strike lines 19 through 22 and substitute;
"(d) IN THE EVENT OF A DEATH IN A HOSPITAL, IF CLINICALLY
INDICATED, THE HOSPITAL-TREATING CLINICIAN SHALL ORDER THE TOXICOLOGY
SCREEN AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION AND DOCUMENT
THE RESULTS OF THE TOXICOLOGY SCREEN TO THE HEALTH INFORMATION
EXCHANGE IN THE MEDICAL RECORD.".
Amendment No. 4(L.045), by Senator Lundeen.
Amend reengrossed bill, page 6, line 4, after the period insert "IF AFTER JULY
1, 2022, ADDITIONAL RESEARCH IS CONDUCTED AND SUFFICIENT DATA FROM
THAT RESEARCH SHOWS A PREVALENCE OF NEGATIVE PHYSICAL OR MENTAL
HEALTH OUTCOMES FROM THE USE OF HIGH POTENCY THC MARIJUANA OR
MARIJUANA PRODUCTS, THE COLORADO SCHOOL OF PUBLIC HEALTH SHALL
SUBMIT A REPORT REGARDING THE FINDINGS TO THE SCIENTIFIC REVIEW
COUNCIL CREATED IN SUBSECTION (2)(b) OF THIS SECTION AND THE FINANCE
COMMITTEE AND PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE FINANCE COMMITTEE
AND HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE, OR THEIR
SUCCESSOR COMMITTEES.".
Page 6, line 10, strike "REPORT" and substitute "INITIAL REPORT AND ANY
SUBSEQUENT REPORTS".
Amendment No. 5(L.048), by Senator Hansen.
Amend reengrossed bill, page 19, line 23, after "(4)," insert "(10)(a)," and strike
"(13)" and substitute "(10)(b)(III)".
Page 22, after line 16 insert:
"(10) (a) Except as provided in subsection (10)(b) of this section, a
medical marijuana store shall not sell, individually or in any combination, more
than two ounces of medical marijuana flower, forty EIGHT grams of medical
marijuana concentrate, or medical marijuana products containing a combined
total of twenty thousand milligrams to a patient in a single business day.".
Page 22, line 17, strike "(10)".
Page 22, lines 17 and 18, strike "medical marijuana concentrate or" and
substitute "medical marijuana concentrate or".
Page 23, line 9, strike "(13) (a)" and substitute "(III) (A)".
Page 23, line 12, strike "(13)(a)" and substitute "(10)(b)".
Page 23, line 19, strike "(b)" and substitute "(B)" and strike "(13)(a)" and
substitute "(10)(b)(III)(A)".
Page 23, line 23, strike "(13)(b)" and substitute "(10)(b)".
Page 24, line 5, strike "(3)(e)".
Amendment No. 6(L.054), by Senator Hansen.
Amend reengrossed bill, page 24, after line 17 insert:
"SECTION 10. In Colorado Revised Statutes, 39-28.8-501, add (4.7)
as follows:
39-28.8-501. Marijuana tax cash fund - creation - distribution -
legislative declaration - repeal. (4.7) (a) ON JULY 1, 2021, THE STATE
TREASURER SHALL TRANSFER TWO MILLION DOLLARS FROM THE FUND TO THE
ACCOUNT CREATED IN SECTION 42-2-132 (4)(b)(II)(A) FOR ENFORCEMENT
PURSUANT TO SECTION 43-4-901, INCLUDING ENFORCEMENT OF DRIVING UNDER
THE INFLUENCE OF DRUGS.
(b) THIS SUBSECTION (4.7) IS REPEALED, EFFECTIVE JULY 1, 2022.".
Renumber succeeding sections accordingly.
Page 24, line 26, strike "$460,227" and substitute "$541,826".
Page 25, line 2, strike "$173,250" and substitute "$265,656" and strike
"$286,977" and substitute "$276,170".
Page 25, line 5, strike "$102,417" and substitute ""$110,935".
Page 25, line 7 "1.6" and substitute "2.1".
Page 25, Line 9, strike "$184,560" and substitute "$165,235".
Page 25, line 11, strike "$118,150" and substitute "$151,521".
Page 25, line 13, strike "1.8 FTE;" and substitute "2.4 FTE;" and strike "and".
Page 25, line 14, strike "$55,100" and substitute "$32,110".
Page 25, line 15, strike "records." and substitute "records; and
(e) $82,025 from the general fund for reimbursement to coroners.
(3) For the 2021-22 state fiscal year, $50,000 is appropriated to the
department of public health and environment for use by disease control and
public health response. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for certification
related to laboratory services.".
Renumber succeeding subsections accordingly.
Page 25, line 26, strike "(3)(b)" and substitute "(4)(b)".
Page 26, after line 3 insert:
"(6) For the 2021-22 state fiscal year, $2,000,000 is appropriated to the
department of transportation. This appropriation is from the first time drunk
driving offender account created in section 42-2-132 (4)(b)(II)(A), C.R.S. To
implement this act, the department may use this appropriation for the first time
drunk driving offender account.".
Amendment No. 7(L.050), by Senator Hansen.
Amend reengrossed bill, page 17, lines 10 and 11, strike "(2)(jj), (2)(kk),".
Page18, strike lines 3 through 23.
Reletter succeeding paragraph accordingly.
Page 21, line 3 and 4, strike "THROUGH RULE-MAKING PURSUANT TO SECTION
44-10-203 (2)(jj)" and substitute "PURSUANT TO SECTION 44-10-202 (8)".
Page 24, line 12, strike "SECTION 44-10-203 (2)(jj)" and substitute "SECTION
44-10-202 (8)".
Page 24, after line 17, insert:
"SECTION 10. In Colorado Revised Statutes, 44-10-202, add (8) as
follows:
44-10-202. Powers and duties of state licensing authority -
stakeholder work group - rules - report - legislative declaration - repeal.
(8) (a) THE STATE LICENSING AUTHORITY SHALL CONVENE A STAKEHOLDER
WORK GROUP TO DEVELOP:
(I) A UNIFORM CERTIFICATION FORM TO BE USED BY RECOMMENDING
PHYSICIANS WHEN AUTHORIZING THE PATIENT TO PURCHASE MORE THAN THE
STATUTORILY ALLOWED QUANTITIES, AS REQUIRED BY SECTION 25-1.5-106 (5),
WHICH MAY BE RELIED UPON BY MEDICAL MARIJUANA STORES. THE FORM MUST
CONTAIN A UNIFORM WEIGHT AND UNIFORM POTENCY DESCRIPTION TO ENABLE
A MEDICAL MARIJUANA STORE TO FULFILL ITS OBLIGATIONS WITHOUT THE NEED
TO MAKE A FURTHER CALCULATION OR EXAMINE OTHER DOCUMENTS. THE FORM
SHALL NOT CONTAIN ANY INFORMATION CONCERNING THE PATIENT'S MEDICAL
CONDITION OR DIAGNOSIS; AND
(II) A TANGIBLE EDUCATIONAL RESOURCE REGARDING THE USE OF
REGULATED MARIJUANA CONCENTRATE. THE EDUCATIONAL RESOURCE MUST
PROVIDE INFORMATION AS DETERMINED BY RULE AND EDUCATION, INCLUDING
BUT NOT LIMITED TO:
(A) EXAMPLES OF VISUAL REPRESENTATION OF A SERVING SIZE
RECOMMENDED FOR EACH TYPE OF CONCENTRATE;
(B) RISKS AND PRECAUTIONS;
(C) OTHER STATUTORY AND REGULATORY LABELING REQUIREMENTS
MANDATED ON MARIJUANA PRODUCTS; AND
(D) A NOTICE THAT DESCRIBES THE PENALTIES ASSOCIATED WITH
MARIJUANA DIVERSION.
(b) THE UNIFORM CERTIFICATION AND EDUCATIONAL RESOURCE MUST
BE COMPLETED BY JANUARY 1, 2022.
(c) THIS SUBSECTION (8) IS REPEALED, EFFECTIVE JULY 1, 2022.".
Renumber succeeding sections accordingly.
Page 26, after line 3, insert:
"SECTION 12. Effective date. This act takes effect upon passage;
except that sections 2, 8, and 9 of the bill take effect on January 1, 2022.".
Renumber succeeding section accordingly.
Amendment No. 8(L.040), by Senator Holbert.
Amend reengrossed bill, page 7, after line 26 insert:
"(4) THE COLORADO SCHOOL OF PUBLIC HEALTH SHALL NOT SEEK,
ACCEPT, OR USE GIFTS, GRANTS, OR DONATIONS TO FUND THE PROVISIONS OF
THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL BE COMPLETED USING
ONLY APPROPRIATIONS FROM THE GENERAL ASSEMBLY.".
Amendment No. 9(L.044), by Senator Holbert.
Amend reengrossed bill, page 20, after line 22 insert:
"(III) THE DATA COLLECTED PURSUANT TO THIS SUBSECTION (1)(b),
INCLUDING ANY PERSONAL IDENTIFYING PATIENT INFORMATION, IS SUBJECT TO
THE CONFIDENTIALITY REQUIREMENTS OF SECTION 44-10-204.".
Renumber succeeding subparagraph accordingly.
Amendment No. 10(L.041), by Senator Holbert.
Amend reengrossed bill, page 9, lines 15 and 16, strike "THE PHYSICIAN MAY
ONLY AUTHORIZE MEDICAL MARIJUANA" and substitute "A PHYSICIAN'S
AUTHORIZATION FOR MEDICAL MARIJUANA MUST BE".
Amendment No. 11(L.042), by Senator Holbert.
Amend reengrossed bill, page 9, after line 23 insert:
"(A) A NOTICE TO THE PATIENT, PARENT, OR GUARDIAN THAT STATES:
"NOTICE TO PATIENT, PARENT, OR GUARDIAN: THE FOLLOWING
PHYSICIAN CERTIFICATION FOR MEDICAL MARIJUANA PURSUANT TO SECTION 14
OF ARTICLE XVIII OF THE COLORADO CONSTITUTION FOR DEBILITATING
MEDICAL CONDITION OR PURSUANT TO SECTION 25-1.5-106, COLORADO
REVISED STATUTES, FOR A DISABLING MEDICAL CONDITION IS NOT A
PRESCRIPTION FOR PURPOSES OF FEDERAL LAW."".
Reletter succeeding sub-subparagraphs accordingly.
Amendment No. 12(L.059), by Senator Pettersen.
Amend reengrossed bill, page 13, line 22, after "FOR" and insert "ALL
SCHEDULED DRUGS AND ".
Page 13, line 24, strike "OR OTHER DRUGS," and substitute "OR SCHEDULED
DRUGS,".
Page 13, line 26, after the period insert "THE WORKING GROUP SHALL CONSULT
WITH AN EPIDEMIOLOGIST, A MEDICAL TOXICOLOGIST, AN ADDICTION
SPECIALIST, AND A MEDICAL EXAMINER OR FORENSIC PATHOLOGIST AND MAY
CONSULT WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.".
Page 14, line 6, strike "AND OTHER DRUGS," and substitute "OR SCHEDULED
DRUGS,".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, June 2
HB21-1317 by Representative(s) Garnett and Caraveo, Geitner; also Senator(s) Hansen and Lundeen,
Priola--Concerning the regulation of marijuana for safe consumption, and, in connection
therewith, making an appropriation.
Senator Hansen moved to amend the report of the Committee of the Whole to show that
the following Holbert floor amendment, (L.042) to HB21-1317, did not pass.
Amend reengrossed bill, page 9, after line 23 insert:
"(A) A NOTICE TO THE PATIENT, PARENT, OR GUARDIAN THAT STATES:
"NOTICE TO PATIENT, PARENT, OR GUARDIAN: THE FOLLOWING
PHYSICIAN CERTIFICATION FOR MEDICAL MARIJUANA PURSUANT TO SECTION 14
OF ARTICLE XVIII OF THE COLORADO CONSTITUTION FOR DEBILITATING
MEDICAL CONDITION OR PURSUANT TO SECTION 25-1.5-106, COLORADO
REVISED STATUTES, FOR A DISABLING MEDICAL CONDITION IS NOT A
PRESCRIPTION FOR PURPOSES OF FEDERAL LAW."".
Reletter succeeding sub-subparagraphs accordingly.