House Committee on Judiciary (03/04/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/04/2010	ATTENDANCE

Time:	01:46 PM to 10:33 PM	Court	X
		Gardner B.	X
Place:	SupCt	Kagan	X
		King S.	X
This Meeting was called to order by		Miklosi	X
	Representative Levy	Nikkel	X
		Pace	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	X
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1164 HB10-1340 HB10-1284		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

01:47 PM -- House Bill 10-1164

Representative A. Kerr returned to discuss House Bill 10-1164, which was originally heard on Friday, February 26, 2010. He distributed prepared amendments L.005, L.007, L.008, L.010, and L.011 (Attachments A, B, C, D, and E). He also distributed a memorandum prepared by Legislative Council Staff (Attachment F) indicating that amendment L.005 removes the fiscal impact of the bill, allowing it to be referred to the Committee of the Whole instead of the Committee on Appropriations.


BILL:	HB10-1164
TIME:	01:49:49 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1164
TIME:	01:58:46 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.007 (Attachment B). The motion failed on a vote of 5-6.
SECONDED:	Court
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	No
	King S.	Yes
	Miklosi	No
	Nikkel	Yes
	Pace	No
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1164
TIME:	01:59:08 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.008 (Attachment C). A substitute motion was made to adopt prepared amendment L.010 (Attachment D).
SECONDED:	Waller
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB10-1164
TIME:	02:05:46 PM
MOVED:	Levy
MOTION:	SUBSTITUTE MOTION: Adopt prepared amendment L.010 (Attachment D). The motion passed on a vote of 6-5.
SECONDED:	Miklosi
		VOTE
	Court	No
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1164
TIME:	02:06:33 PM
MOVED:	McCann
MOTION:	Having voted on the prevailing side, Representative McCann moved to reconsider the adoption of amendment L.010 (Attachment D). The motion passed on a vote of 11-0.
SECONDED:	Gardner B.
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1164
TIME:	02:07:31 PM
MOVED:	Levy
MOTION:	Upon reconsideration, the committee voted on prepared amendment L.010 (Attachment D). The motion passed on a vote of 6-5.
SECONDED:	Miklosi
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	No
	Levy	Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1164
TIME:	02:09:29 PM
MOVED:	Kagan
MOTION:	Refer House Bill 10-1164, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 6-5.
SECONDED:	Miklosi
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	No
	Levy	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:10 PM -- House Bill 10-1340

Representative Vigil, prime sponsor, presented House Bill 10-1340 concerning the notice sent by a law enforcement agency when a vehicle has been towed from public property. The bill modifies the notice requirements for law enforcement agencies when an abandoned vehicle has been towed by an operator. Rather than providing notice by certified mail, the bill allows the law enforcement agency to send the notice by first class mail.

Currently, when an abandoned vehicle has been towed, the appropriate law enforcement agency is required to send notice that the vehicle has been abandoned, by certified mail, to the car owner and any lienholder. If an operator has been used to tow the vehicle, the operator is also required to send notice, by certified mail, concerning the vehicle to the owner and any lienholder.

02:11 PM -- Bobby Juchem, Colorado State Patrol, spoke in support of the bill. Mr. Juchem stated that the bill will make procedures in the Department of Public Safety more efficient and less costly. He responded to questions from the committee.


BILL:	HB10-1340
TIME:	02:17:25 PM
MOVED:	Court
MOTION:	Refer House Bill 10-1340 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	McCann
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:18 PM -- House Bill 10-1284

Representative Levy made opening comments about how the hearing would proceed. Each witness was given three minutes to testify.

02:20 PM

Representative Massey, prime sponsor, presented House Bill 10-1284 concerning regulation of medical marijuana. He indicated that prepared amendment L.002 (Attachment G), is a strike below amendment. With amendment L.002, the bill regulates medical marijuana by creating the state and local medical marijuana licensing authority. It also amends the statute concerning the medical marijuana program to regulate the role of caregivers.

Medical marijuana licensing authority. The bill creates the state medical marijuana licensing authority within the enforcement division of the Department of Revenue (DOR) as well as local licensing authorities throughout the state. In order to operate a medical marijuana center, the owner of the potential center must obtain a license from the local licensing authority and then the state licensing authority. In addition, if an operator plans to grow marijuana off-site, he or she must obtain a separate premises cultivation license and if the operator plans to produce edible marijuana products, he or she must obtain an infused product manufacturer's license.

The local licensing authority may restrict the number and location of medical marijuana centers and premises cultivation licenses issued in the locality. The applicant must provide required information concerning the specifications for the building and information on the employees. Owners, officers, and employees of the center must undergo a criminal background check. The local licensing authority is required to hold a public hearing prior to approving any license. After receiving a local license, the owner of a center or a premises cultivator must apply for a state license.

The bill restricts the location of medical marijuana centers and limits the amount of marijuana that a center may have at any given time. In order to obtain a state license, the owner of the center must pay a $5,000 bond. The state licensing authority is authorized to adopt rules, forms, and applications. Rules may include the following:

• enforcement and violations of the medical marijuana code;
• instructions for local licensing authorities and law enforcement officers;
• inspections and investigations of medical marijuana facilities;
• penalties associated with violations;
• development of identification cards for employees; and
• security requirements for medical marijuana centers.

The bill specifies that certain individuals are prohibited from operating a medical marijuana center, such as physicians, people under 21 years of age, or a member of law enforcement. Licenses are issued for up to 2 years. Owners are required to keep records on all transactions for 3 years and provide them to the state licensing authority upon request for inspection. The medical marijuana centers, cultivators, manufacturers, and employees are required to pay a fee which is set to cover the costs for operating the state and local licensing authorities. The costs for the bill related to state licensing are to be paid from the Medical Marijuana License Cash Fund.

Both the local and the state licensing authorities have the authority to suspend and revoke licenses and issue fines for violations of the medical marijuana code. The bill also specifies violations of the medical marijuana code, such as consuming medical marijuana at a center, operating a center outside of the prescribed business hours, or possessing more than 6 plants and 2 ounces of marijuana for each patient who is registered with the center. Violations of the code are a class 2 misdemeanor.

Regulation of caregivers. The bill also amends the statute concerning the medical marijuana program to regulate the role of caregivers as follows:

• a caregiver is required to register with the Department of Public Health and Environment (DPHE) for each patient for whom he or she is a caregiver with a limit of 5 patients at any time;
• a patient may only have 1 caregiver at any time;
• a caregiver must submit to a criminal history background check to determine that he or she has not been convicted of a felony or misdemeanor drug offense within the past 5 years;
• the DPHE must create a confidential registry of caregivers and, with the caregiver's permission, provide the caregiver's information to a patient or physician seeking a caregiver;
• an individual who is not currently a caregiver can submit his or her information to the registry to be considered to be a caregiver for a patient who does not have one; and
• patients and caregivers are required to have their registry cards in their possession at any time that they possess medical marijuana.

The costs of the bill related to caregivers are to be paid from the Medical Marijuana Program Cash Fund.

Representative Summers, who is a co-prime sponsor of the bill, made introductory remarks. Several letters addressing the bill were distributed to members of the committee (Attachments H through L).

02:29 PM -- Lilly Littner, representing herself, spoke in opposition to the bill. Ms. Littner is a terminally ill patient and she asked the committee to consider a waiver for terminally ill patients who are on social security or disability benefits that would be potentially revoked under the bill. Ms. Littner responded to committee questions.

02:38 PM -- Matt Cook, Department of Revenue, spoke to the bill. Mr. Cook discussed at length the regulatory framework created by the bill. He responded to numerous questions from the committee about the regulation of medical marijuana under current law and under the provisions of the bill.

03:12 PM -- Kevin Grimsinger, representing himself, spoke in opposition to the bill. Mr. Grimsinger related details of his experience as a user of medical marijuana. He responded to questions from the committee.

03:20 PM -- Micah Moffat, representing himself, spoke in opposition to the bill. Mr. Moffat related details of his experience as a user of medical marijuana.

03:22 PM -- James Petrakas, representing himself, spoke in opposition to the bill. Mr. Petrakas related details of his experience with drug addiction. He responded to questions from the committee.

03:26 PM -- Dr. Ned Calonge, Department of Public Health and Environment, testified about the bill. Dr. Calonge spoke to the provision in the bill that addresses medical-marijuana-infused products licenses. This provision allows the department to regulate foods that contain marijuana in a different way from other food. He explained the new regulatory framework for these types of food. Dr. Calonge responded to questions from the committee about marijuana-infused substances. The committee discussed various difficulties that have arisen since the passage of Amendment 20 to the Colorado constitution.

03:43 PM -- Geoff Blue, Department of Law, spoke in opposition to the bill on behalf of Attorney General John Suthers. Mr. Blue discussed the rights conferred on Colorado citizens by Amendment 20. The Attorney General opposes the bill's establishment of a dispensary model for medical marijuana. Mr. Blue responded to questions from the committee.

04:06 PM -- Mark Simon, representing himself, testified about the bill. Mr. Simon distributed written comments to the committee (Attachment M) and read from his prepared remarks. He responded to questions from the committee.

04:12 PM -- Matt Brown, Coloradans for Medical Marijuana Regulation (CMMR), testified about the bill. Mr. Brown provided an introduction to the CMMR approach to medical marijuana regulation. He stated that rather than placing new artificial restraints on the business of medical marijuana, Colorado needs proper business regulation to protect what is good today, prohibit things that are clearly inappropriate, and focus the future growth of the industry in the right direction. Mr. Brown responded to questions from the committee.

04:25 PM -- Collier Kear, Top Shelf Alternatives and CMMR, testified about the bill. Mr. Kear discussed details of the up-front investment and build-out process to build a proper dispensary. Top Shelf was built to encompass a grow operation and a dispensary from the beginning. He related details of his family's experience with drug addiction. Mr. Kear responded to questions from the committee.

04:35 PM -- Norton Arbelaez, Local Product Colorado and CMMR, testified about the bill. Mr. Arbelaez discussed local licensing procedures and the difficulty of understanding all necessary local licenses. He responded to questions from the committee about the definition of a primary caregiver in Amendment 20.

04:41 PM -- Ryan Vincent, The Health Center and CMMR, testified about the bill. Mr. Vincent spoke to his experience as a medical marijuana user and his efforts to create The Health Center, a medical marijuana center. He discussed the extensive product testing conducted by his center. He also talked about formal employee training and procedures used at The Health Center. Mr. Vincent stated that every employee in a dispensary is an essential piece of a larger team providing patient care.

04:45 PM -- Jim Bent, Patients' Choice of Colorado, testified about the bill. Mr. Bent talked about his experience as a dispensary owner. He discussed security and inventory control. He responded to questions from the committee.

04:57 PM -- Josh Stanley, Peace in Medicine Center and CMMR, spoke in support of the bill. Mr. Stanley covered information about the operations of his facility. He talked about individuals who need to be licensed (to receive medical marijuana), individuals without proper documentation, and coordination between patients, the center, and doctors who recommend the use of medical marijuana. He discussed security issues and black market marijuana operations. Mr. Stanley responded to questions from the committee.

05:06 PM -- Betty Aldworth, Full Spectrum Laboratories and CMMR, spoke in support of the bill. Ms. Aldworth discussed the importance of being granted a specific license that respects the reality of a testing or research entity like Full Spectrum. She talked about the types of testing that are currently available and the importance of providing objective testing of mold, residue, and other substances that present a safety hazard. Ms. Aldworth responded to questions from the committee. Every individual who works at the laboratory is certified as a caregiver because that is the only legal process by which they can possess cannabis for testing.

05:14 PM -- Brett Barney, CMMR, spoke in support of the bill. Mr. Barney discussed the role that growers and the manufacturing portion of the medical marijuana supply chain play as a part of the larger patient care team. He talked about the reality of medical marijuana growing at length. Mr. Barney responded to questions from the committee.

05:22 PM -- Matthew Durkin, Jefferson County District Attorney's Office, spoke in opposition to the bill. Mr. Durkin stated that the proliferation of medical marijuana dispensaries has created a black market marijuana industry. He indicated that there would have to be a major supply chain in place to meet the marijuana needs in Colorado. He talked about Latin American drug cartels that sell marijuana in dispensaries and illegally on the streets. Mr. Durkin responded to questions from the committee. Representative Massey responded to Mr. Durkin's comments. Mr. Durkin made closing remarks on the purpose of Amendment 20.

05:38 PM -- Dr. Tom Crowley, representing himself, spoke in opposition to the bill. He described his professional experience at the Division of Substance Dependence at the University of Colorado at Denver. He spoke about scientific studies concerning medical marijuana. He stressed the need to control addictive drugs. Dr. Crowley expressed his concerns that the bill would lead to greater availability of an addictive drug. He responded to questions from the committee. Dr. Crowley drew comparisons between the medical marijuana and tobacco industries. He spoke about the limits of anecdotal evidence concerning the therapeutic effects of marijuana. He agreed that therapeutic effects exist, but cautioned that adverse pulmonary effects exist as well. Responding to questions from Representative Court, Dr. Crowley clarified the addictive qualities of marijuana.

05:54 PM -- Don Quick, Colorado District Attorneys' Council (CDAC), testified in opposition to the bill. Mr. Quick expressed concerns about the welfare of children and the negative effects the bill could have on young people. He stressed the fact that the CDAC does not object to Amendment 20, but he supports the medical marijuana system defined by the amendment. Mr. Quick stated his opinion that the General Assembly does not have the authority to establish or regulate medical marijuana dispensaries because it falls outside the purview of Amendment 20. He explained the reasons he believes the constitution prohibits the General Assembly from enacting the bill. He distributed a packet of information to the committee (Attachment N) Mr. Quick responded to questions from the committee concerning whether the General Assembly has the authority to affect the implementation of Amendment 20.

06:07 PM -- Julia Anderson, Patients' Choice of Colorado, spoke in opposition to the bill. Ms. Anderson stated her belief that the bill restricts patients' rights to use medical marijuana, especially in rural areas of the state. She indicated that the bill contradicts the rights provided under Amendment 20. She discussed state regulation of medical marijuana.

06:10 PM -- Angela MacDonald, representing herself, spoke in opposition to the bill. Ms. MacDonald stated her belief that the bill is too broad and complicated. She listed a number of concerns she has with the bill.

06:15 PM -- Dr. Chris Thurstone, representing himself, spoke in opposition to the bill. Dr. Thurstone is a drug addiction treatment provider. He discussed his concerns with the use of marijuana among juveniles and young adults. He responded to questions from the committee about gateway drugs.

06:22 PM -- Scoot Crandall, Team Fort Collins, spoke in opposition to the bill. Mr. Crandall discussed drug use among young people. He responded to questions from the committee about drug and alcohol addiction problems in juveniles.

06:31 PM -- Sgt. Jim Gerhardt, Colorado Drug Investigators Association, spoke in opposition to the bill. Sgt. Gerhardt discussed the law enforcement dilemmas that arise around the issue of medical marijuana. The distinction between the lines between legal and illegal marijuana users in Colorado has blurred. He distributed a letter from the Colorado Drug Investigators Association and others (Attachment O). Sgt. Gerhardt responded to questions from the committee about the law enforcement perspective on the issue of medical marijuana.

06:43 PM -- Dan May, 4th Judicial District Attorney, spoke in opposition to the bill. Mr. May discussed different models of regulating the use of medical marijuana, including a caretaker model and a dispensary model. He expressed concern that the dispensary model leads to greater marijuana use across the entire population. He responded to questions about the law enforcement problems with dispensaries.

06:52 PM -- William Woodward, University of Colorado Center for the Study of the Prevention of Violence, spoke in opposition to the bill. Mr. Woodward stated that research shows that when the risk of prosecution goes down, the use of marijuana amongst young people rises dramatically. He discussed marijuana as a gateway drug.

06:56 PM -- Ted Tow, CDAC, spoke in opposition to the bill. Mr. Tow stated that the bill sets up the illusion of control, but does not give the state any actual control over a volatile situation. He noted that there is no inventory control over medical marijuana. He discussed the penalties in the bill. He expressed his opinion that a caregiver can only be an individual over the age of 18, which does not include dispensaries.

07:00 PM -- Andy Karsian, Colorado Counties, Inc., testified about the bill. Mr. Karsian stated that the bill provides a statutory framework for local governments to help regulate medical marijuana. He responded to questions from the committee.

07:10 PM -- Dr. Nancy Smith, representing herself, spoke in opposition to the bill. Dr. Smith discussed research that shows that a proliferation of medical marijuana dispensaries leads directly to a new generation of marijuana users.

07:14 PM -- Chief Jim Nursey, representing various Adams County groups, spoke in opposition to the bill. Chief Nursey spoke to his concerns that more accessibility to marijuana leads to high rates of use in young people. He responded to questions from the committee.

07:21 PM -- Jim Porter, Creative Treatment Options, spoke in opposition to the bill. Mr. Porter discussed the ease with which an individual can obtain a medical marijuana card. He spoke specifically about convicted offenders who are able to use marijuana.

07:25 PM -- Emily Camp, representing herself, spoke in opposition to the bill. Ms. Camp stated her belief that the dispensary model leads to accessibility and acceptability of marijuana use. She discussed the issue from the perspective of a child welfare investigator. She responded to questions from the committee.

07:30 PM -- Ernie Martinez, representing himself, spoke in opposition to the bill. Mr. Martinez is a police investigator in the area of drug enforcement. He spoke about increased crime in areas around dispensaries.

07:34 PM -- Sgt. John VanZandt, Adams County Sheriff's Office, spoke in opposition to the bill. Sgt. VanZandt discussed marijuana arrests in elementary and middle schools. He responded to questions from the committee.

07:40 PM -- Chief Jim Billings, Colorado Association of Chiefs of Police, spoke in opposition to the bill. Chief Billings stated that the current medical marijuana system is being misused and the purpose of Amendment 20 is being subverted. He indicated that he does not believe that the bill is the right way to fix the problem. He supports the idea of a local regulatory authority and the ability to inspect dispensaries.

07:46 PM -- Sheriff Doug Darr, County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Darr stated that the sheriffs do not have any interest in denying patients their medical marijuana, but they do oppose the dispensary model. He spoke about crime that he believes to be related to medical marijuana dispensaries. He stated his belief that medical marijuana is the most profound issue facing society right now and it will have wide-reaching negative effects. Sheriff Darr responded to questions from the committee.

07:55 PM -- Corey Hoffmann, representing various local governments, spoke in support of the bill. Mr. Hoffmann is an attorney who represents a number of local governments across Colorado. He supports the idea of authorizing local control over medical marijuana dispensaries and growing operations.

07:59 PM -- Dru Roosevelt, representing herself, spoke in support of the bill. Ms. Roosevelt stated her opinion that the spirit of Amendment 20 has not been preserved. She thinks it would be a good idea for the state to grow and distribute medical marijuana, with regulated pharmacies dispensing it.

08:02 PM -- John Gormley, representing himself and Americans for Safe Access, spoke in support of the bill. Mr. Gormley addressed the comments of a number of prior witnesses.

08:07 PM -- Lauren Davis, representing herself, testified about the bill. Ms. Davis is a private attorney who represents medical marijuana patients and caregivers. She urged the committee to adopt a regulated dispensary model. She does not support a double level of regulatory framework. She responded to questions from the committee.

08:14 PM -- Bill Miller, representing himself, testified in support of the bill. Mr. Miller discussed pesticide levels in marijuana. He also talked about the profits made by medical marijuana dispensaries. He responded to questions from the committee.

08:20 PM -- Trish Fisher, representing herself, testified about the bill. Ms. Fisher discussed the distance between medical marijuana dispensaries and schools or daycare centers. She responded to questions from the committee.

08:25 PM -- Christie Gosch, representing herself, testified about the bill. Ms. Gosch voted for Amendment 20, but does not support the proliferation of retail establishments to sell medical marijuana. She spoke about the adverse side effects of marijuana use. She urged the committee to set up a non-profit, clinical setting for the distribution of medical marijuana.

08:28 PM -- Nicholas King, representing himself, testified in opposition to the bill. Mr. King related details of his experience with opening a dispensary after the death of his wife. He stated his belief that the vertical integration model will limit his ability to provide quality health care to his patients.

08:34 PM -- Kevin Fisher, representing himself, testified in opposition to the bill. Mr. Fisher supports most of the bill, but not the provision that limits transactions between licensed centers. He responded to questions from the committee.

08:38 PM -- Mark Rose, Grateful Meds, spoke in opposition to the bill. Mr. Rose stated his belief that the bill will limit access to different strains of marijuana, raise the cost, and be detrimental to patients in need.

08:44 PM -- Nick Williams, representing himself, spoke in opposition to the bill. Mr. Williams is a marijuana grower and he believes the bill will cause him problems. He supports the dispensary model. He responded to questions from the committee.

08:49 PM -- Dan Pope, Sensible Colorado, testified in opposition to the bill. Mr. Pope stated that, as a medical marijuana patient, he has never encountered any of the problems outlined by law enforcement. He discussed the constitutional right of access to medical marijuana.

08:52 PM -- Jessica LeRoux, Twirling Hippy Confections, testified in opposition to the bill. Ms. LeRoux stated that juvenile use of marijuana is an issue of parenting. She talked about medical marijuana edibles.

08:58 PM -- Janet Wood, Department of Human Services, testified in support of the bill. Ms. Wood does not support the dispensary model, but because it already exists, she believes it should be regulated. She discussed substance abuse treatment programs and marijuana use.

09:02 PM -- Tanya Garduno, Colorado Springs Medical Cannabis Council (CSMCC), spoke in opposition to the bill. Ms. Garduno spoke about her work with a number of groups in Colorado Springs regarding the regulation of medical marijuana. She talked about the process of those negotiations. She supports the local regulation of medical marijuana, but not state-level regulation.

09:06 PM -- Kamal Patterson, CSMCC, spoke in opposition to the bill. Mr. Patterson stated the that bill is detrimental to small businesses. He spoke about the different drug schedules in law.

09:11 PM -- James McVaney, representing himself, spoke in support of the bill. Mr. McVaney discussed federal mandatory minimum sentencing guidelines. He expressed concerns with the "good moral character" provision of the bill. He stated that raising the "harm to children" argument against medical marijuana is not very intellectual.

09:14 PM -- Lara Holt, representing herself, testified about the bill. Ms. Holt spoke about the harm marijuana can cause to young people.

09:17 PM -- Robert Corry, representing himself, testified in opposition to the bill. Mr. Corry distributed written remarks (Attachment P). He stated that the bill is not beyond repair.

09:21 PM -- T.Y. Thomas, representing himself, testified about the bill. Mr. Thomas discussed local ordinances that address the regulation of medical marijuana. He does not support local control over medical marijuana. He addressed comments of prior witnesses and committee members.

09:25 PM -- Mark Radtke, Colorado Municipal League, spoke in support of the bill because it provides local governments with control of medical marijuana. He responded to questions from the committee.

09:31 PM -- Paul Saurini, representing himself, spoke in opposition to the bill. Mr. Saurini stated that the bill is the prohibitionists' overhanded response to medical marijuana. He raised concerns about the grave threat of the federal government.

09:35 PM -- Dr. Susan Kelly, representing herself, testified about the bill. Dr. Kelly discussed the safety of marijuana. She stated that "mom and pop" dispensaries are not the best thing for patients. Dr. Kelly responded to questions from the committee about the importance of standards and control of the quality of medical marijuana.

09:45 PM -- Josh Kappel, representing himself, testified about the bill. Mr. Kappel pointed out language in the bill about banning dispensaries within a certain distance from schools and daycare centers to which he objected. He went through the bill and called the committee's attention to several provisions that caused him concern.

09:48 PM -- Robert Chase, representing himself, testified in opposition to the bill. Mr. Chase stated his opinion that the bill is bad legislation.

09:54 PM -- Kathryn Delaney, representing herself, testified in opposition to the bill. Ms. Delaney supports the dispensary model and expressed her opinion that separating the growers from the dispensaries limits patients' abilities to receive the treatment they need.

09:57 PM -- Tina Valenti, In Harmony Wellness, testified in opposition to the bill. Ms. Valenti stated her opinion that dispensaries are good places for individuals with a commonality of suffering from debilitating illnesses. She urged the committee to keep the patient in mind and asked them not to overregulate. She responded to questions from the committee.

10:02 PM -- Timothy Martin, representing himself, spoke in opposition to the bill. Mr. Martin is a convicted felon and he related details of his personal experience selling marijuana to an individual who represented himself as a medical marijuana patient. He expressed concern about being eliminated by the bill from being a caregiver.

10:08 PM -- Khadija Qadri, Enlightenment, spoke in opposition to the bill. Ms. Qadri stated that the bill is radical and unconstitutional.

10:11 PM -- Riah McBee, representing himself, spoke in opposition to the bill. Mr. McBee stated his opinion that the bill is far too broad.

10:16 PM -- Charlene Price-Willow, representing herself, testified about the bill. Ms. Price-Willow talked about her family's experience with medical marijuana. She disagrees with the provisions of the bill that require dispensaries to grow 75 percent of their product. She encouraged the committee to support a model that will foster small businesses.

10:21 PM -- Alan Schwartz, representing himself, testified about the bill. Mr. Schwartz discussed the history of the prohibition of cannabis.

10:24 PM -- Derek Cumings, In Harmony Wellness, testified about the bill. Mr. Cumings stressed that many dispensary owners truly want to help people. He related details of his own experience with debilitating pain.

10:28 PM

Matt Cook returned to the table to clarify a number of points made by witnesses. He discussed state and local regulatory authority under the bill.

10:32 PM

Representative Massey made closing remarks.

10:33 PM

Representative Levy adjourned the committee.