Amendments for SB17-275
Senate Journal, April 26
After consideration on the merits, the Committee recommends that SB17-275 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 4, line 4, after the period, insert
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEDICAL
RESEARCH FACILITY AUTHORIZED PURSUANT TO THIS SECTION TO
CONDUCT MEDICAL RESEARCH REGARDING MARIJUANA IS EXEMPT FROM
ALL OTHERWISE APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE
OF MARIJUANA; EXCEPT THAT THE FACILITY SHALL USE THE MARIJUANA
ONLY FOR THE MEDICAL RESEARCH AUTHORIZED PURSUANT TO THIS
SECTION AND SHALL DESTROY ALL MARIJUANA REMAINING AFTER THE
RESEARCH HAS BEEN COMPLETED.".
Page 4, line 15, strike "(1)(h)" and substitute "(1)(h); and add
(2.5)(a)(I)(G)".
Page 4, strike lines 20 to 27 and substitute "until the medical marijuana
or medical marijuana-infused product is sold to a customer at a medical
marijuana center to ensure that no medical marijuana grown or processed
by a medical marijuana establishment is sold or otherwise transferred
except by a medical marijuana center; EXCEPT THAT THE MEDICAL
MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCT IS NO LONGER
SUBJECT TO THE TRACKING SYSTEM ONCE THE MEDICAL MARIJUANA OR
MEDICAL MARIJUANA-INFUSED PRODUCT HAS BEEN:
(I) TRANSFERRED TO A MEDICAL RESEARCH FACILITY PURSUANT
TO SECTION 25-1.5-106.5 (5)(b); OR
(II) USED BY A PESTICIDE MANUFACTURER IN QUANTITIES THAT
ARE LIMITED".
Page 5, line 4, after the period, add "NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A PESTICIDE MANUFACTURER AUTHORIZED PURSUANT
TO THIS SUBSECTION (1)(h)(II) TO CONDUCT PESTICIDE RESEARCH
REGARDING MARIJUANA IS EXEMPT FROM ALL OTHERWISE APPLICABLE
RESTRICTIONS ON THE POSSESSION AND USE OF MEDICAL MARIJUANA OR
MEDICAL MARIJUANA-INFUSED PRODUCT; EXCEPT THAT THE
MANUFACTURER SHALL:
(A) NOT POSSESS AT ANY TIME A QUANTITY OF MEDICAL
MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCT IN EXCESS OF
THE LIMIT ESTABLISHED IN RULES PROMULGATED BY THE STATE
LICENSING AUTHORITY;
(B) USE THE MEDICAL MARIJUANA AND MEDICAL
MARIJUANA-INFUSED PRODUCT ONLY FOR THE PESTICIDE RESEARCH
AUTHORIZED PURSUANT TO THIS SUBSECTION (1)(h)(II); AND
(C) DESTROY ALL MEDICAL MARIJUANA AND MEDICAL
MARIJUANA-INFUSED PRODUCT REMAINING AFTER THE RESEARCH HAS
BEEN COMPLETED.
(2.5) (a) Rules promulgated pursuant to paragraph (b) of
subsection (1) of this section must include, but need not be limited to, the
following subjects:
(I)(G) A STATE, LOCAL, OR MUNICIPAL AGENCY SHALL NOT
EMPLOY OR USE THE RESULTS OF ANY TEST OF MEDICAL MARIJUANA OR
MEDICAL MARIJUANA-INFUSED PRODUCTS CONDUCTED BY AN
ANALYTICAL LABORATORY THAT IS NOT CERTIFIED PURSUANT TO THIS
SUBSECTION (2.5)(a)(I) FOR THE PARTICULAR INTENDED USE CATEGORY
OR ACCREDITED TO THE INTERNATIONAL ORGANIZATION FOR
STANDARDIZATION / INTERNATIONAL ELECTROTECHNICAL COMMISSION
17025 STANDARD FOR THAT FIELD OF TESTING.".
Page 5, line 6, strike "(1)" and substitute "(1); and add (3)(a)(IV)(H)".
Page 5, strike lines 13 to 19 and substitute: "plant stage until the
marijuana or retail marijuana product is sold to a customer at a retail
marijuana store; to ensure that no marijuana grown or processed by a
retail marijuana establishment is sold or otherwise transferred except by
a retail marijuana store EXCEPT THAT RETAIL MARIJUANA IS NO LONGER
SUBJECT TO THE TRACKING SYSTEM ONCE THE RETAIL MARIJUANA HAS
BEEN:
(a) TRANSFERRED TO A MEDICAL RESEARCH FACILITY PURSUANT
TO SECTION 25-1.5-106.5 (5)(b); OR
(b) USED BY A PESTICIDE MANUFACTURER IN QUANTITIES THAT
ARE LIMITED".
Page 5, line 23, after the period, add "NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A PESTICIDE MANUFACTURER AUTHORIZED PURSUANT
TO THIS SUBSECTION (1)(b) TO CONDUCT PESTICIDE RESEARCH
REGARDING RETAIL MARIJUANA IS EXEMPT FROM ALL OTHERWISE
APPLICABLE RESTRICTIONS ON THE POSSESSION AND USE OF RETAIL
MARIJUANA; EXCEPT THAT THE MANUFACTURER SHALL:
(I) NOT POSSESS AT ANY TIME A QUANTITY OF RETAIL MARIJUANA
IN EXCESS OF THE LIMIT ESTABLISHED IN RULES PROMULGATED BY THE
STATE LICENSING AUTHORITY;
(II) USE THE RETAIL MARIJUANA ONLY FOR THE PESTICIDE
RESEARCH AUTHORIZED PURSUANT TO THIS SUBSECTION (1)(b); AND
(III) DESTROY ALL RETAIL MARIJUANA REMAINING AFTER THE
RESEARCH HAS BEEN COMPLETED.
(3) (a) Rules promulgated pursuant to paragraph (b) of subsection
(2) of this section must include, but need not be limited to, the following
subjects:
(IV) (H) A STATE, LOCAL, OR MUNICIPAL AGENCY SHALL NOT
EMPLOY OR USE THE RESULTS OF ANY TEST OF MARIJUANA OR MARIJUANA
PRODUCTS CONDUCTED BY AN ANALYTICAL LABORATORY THAT IS NOT
CERTIFIED PURSUANT TO THIS SUBSECTION (3)(a)(IV) FOR THE
PARTICULAR INTENDED USE CATEGORY AND FOR THE SPECIFIC MATRIX
AND ACCREDITED BY A THIRD-PARTY FOR THAT FIELD OF TESTING.".
Page 5, strike lines 24 through 27.
Strike pages 6 through 9.
Page 10, strike lines 1 through 3.
Renumber succeeding sections accordingly.
Agriculture,
Natural
Resources, &
Energy
Senate Journal, May 2
After consideration on the merits, the Committee recommends that SB17-275 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike lines 3 through 5.
Page 3, strike lines 1 through 18 and substitute "(5) as follows:
25-1.5-106.5. Medical marijuana health research grant
program. (5) Sources of marijuana. (a) The attorney general shall
seek".
Finance
Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-275 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 10, before line 4 insert:
"SECTION 4. Appropriation. (1) For the 2017-18 state fiscal
year, $62,210 is appropriated to the department of revenue. This
appropriation is from the marijuana cash fund created in section 12-43.3-
501(1)(a), C.R.S. To implement this act, the department may use this
appropriation as follows:
(a) $43,200 for marijuana enforcement; and
(b) $19,010 for the purchase of legal services.
(2) For the 2017-18 state fiscal year, $19,010 is appropriated to
the department of law. This appropriation is from reappropriated funds
received from the department of revenue under subsection (1)(b) of this
section and is based on an assumption that the department of law will
require an additional 0.1 FTE. To implement this act, the department of
law may use this appropriation to provide legal services for the
department of revenue.".
Renumber succeeding sections accordingly.
Page 1, line 105, strike "PESTICIDES." and substitute "PESTICIDES, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, May 8
SB17-275 by Senator(s) Baumgardner and Jahn; also Representative(s) Melton and Singer--
Concerning marijuana, and, in connection therewith, authorizing research regarding the
safety and efficacy of medical marijuana and the safe and effective use of pesticides and
establishing interim standards for the use of pesticides.
Amendment No. 1, Agriculture, Natural Resources, & Energy Committee Amendment.
(Printed in Senate Journal, April 26, page(s) 939-940 and placed in members' bill files.)
Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, May 2, page 1029 and placed in members' bill files.)
Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, May 5, page(s) 1082-1083 and placed in members' bill files.)
Amendment No. 4(L.005), by Senator Jahn.
Amend the Agriculture, Natural Resources, and Energy Committee
Report, dated April 26, 2017, page 2, strike line 25 and substitute
"(2.5)(a)(I) FOR THE PARTICULAR TESTING CATEGORY AND".
Page 2, strike line 28 and substitute "17025:2005 STANDARD, OR ANY
SUBSEQUENT SUPERSEDING STANDARD, IN THAT FIELD OF TESTING.".".
Page 3, strike lines 23 and 24 and substitute "PARTICULAR TESTING
CATEGORY AND ACCREDITED TO THE INTERNATIONAL ORGANIZATION FOR
STANDARDIZATION / INTERNATIONAL ELECTROTECHNICAL COMMISSION
17025:2005 STANDARD, OR ANY SUBSEQUENT SUPERSEDING STANDARD,
IN THAT FIELD OF TESTING.".".
Amendment No. 5(L.007), by Senator Jahn.
Amend printed bill, page 10, strike lines 4 through 8 and substitute:
"SECTION 6. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2018; except that, if
a referendum petition is filed pursuant to section 1 (3) of article V of the
state constitution against this act or an item, section, or part of this act
within the ninety-day period after final adjournment of the general
assembly, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November
2018 and, in such case, will take effect on January 1, 2018, or on the date
of the official declaration of the vote thereon by the governor, whichever
is later.
(2) This act applies to conduct occurring on or after the applicable
effective date of this act.".
Amendment No. 6(L.008), by Senator Jahn.
Amend the Agriculture, Natural Resources, and Energy Committee
Report, dated April 26, 2017, page 1, line 8, strike "SECTION" and
substitute "SECTION; SHALL NOT POSSESS AT ANY TIME A QUANTITY OF
MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCT IN
EXCESS OF THE LIMIT ESTABLISHED IN RULES PROMULGATED BY THE
STATE LICENSING AUTHORITY;".
Page 1, line 22, strike "USED BY" and substitute "TRANSFERRED TO".
Page 1, after line 23 insert:
"Page 5 of the bill, line 2, strike "AUTHORITY THAT" and substitute
"AUTHORITY, IN CONSULTATION WITH THE DEPARTMENTS OF PUBLIC
HEALTH AND ENVIRONMENT AND AGRICULTURE. THE RULES MUST DEFINE
A PESTICIDE MANUFACTURER THAT IS AUTHORIZED TO CONDUCT
RESEARCH AND MUST".".
Page 2, line 4, after "MARIJUANA" insert "MUST BE LOCATED IN
COLORADO, MUST CONDUCT THE RESEARCH IN COLORADO, AND".
Page 2, line 15, strike "DESTROY" and substitute "DESTROY, IN
COMPLIANCE WITH RULES PROMULGATED BY THE STATE LICENSING
AUTHORITY,".
Page 3, line 1, strike "USED BY" and substitute "TRANSFERRED TO".
Page 3, after line 2 insert:
"Page 5 of the bill, line 21, strike "AUTHORITY THAT" and substitute
"AUTHORITY, IN CONSULTATION WITH THE DEPARTMENTS OF PUBLIC
HEALTH AND ENVIRONMENT AND AGRICULTURE. THE RULES MUST DEFINE
A PESTICIDE MANUFACTURER THAT IS AUTHORIZED TO CONDUCT
RESEARCH AND MUST".".
Page 3, line 6, after "MARIJUANA" insert "MUST BE LOCATED IN
COLORADO, MUST CONDUCT THE RESEARCH IN COLORADO, AND".
Page 3, line 14, strike "DESTROY" and substitute "DESTROY, IN
COMPLIANCE WITH RULES PROMULGATED BY THE STATE LICENSING
AUTHORITY,".
Amendment No. 7(L.009), by Senator Jahn.
Amend the Agriculture, Natural Resources, and Energy Committee
Report, dated April 26, 2017, page 2, line 14, strike "AND".
Page 2, strike line 17 and substitute "BEEN COMPLETED; AND
(D) NOT APPLY PESTICIDES FOR RESEARCH PURPOSES ON THE
LICENSED PREMISES OF A MEDICAL MARIJUANA BUSINESS.".
Page 3, line 13, strike "AND".
Page 3, strike line 15 and substitute "RESEARCH HAS BEEN COMPLETED;
AND
(IV) NOT APPLY PESTICIDES FOR RESEARCH PURPOSES ON THE
LICENSED PREMISES OF A RETAIL MARIJUANA ESTABLISHMENT.".
Amendment No. 8(L.014), by Senator Jahn.
Amend printed bill, page 4, strike lines 8 through 13 and substitute
"AWARD GRANTS PURSUANT TO THIS SECTION TO MEDICAL RESEARCH
FACILITIES SO THAT A FACILITY MAY:
(I) PURCHASE MARIJUANA FROM A LICENSEE SPECIFIED IN THIS
SUBSECTION (5)(b) THAT WILL BE USED IN THE RESEARCH; AND
(II) CONDUCT THE MEDICAL RESEARCH.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.