Senate Committee on Local Government and Energy (04/27/2010)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	04/27/2010	ATTENDANCE

Time:	02:18 PM to 11:33 PM	Cadman	X
		Hodge	X
Place:	SupCt	Kester	X
		Lundberg	X
This Meeting was called to order by		Newell	X
	Senator Schwartz	Foster	X
		Schwartz	*
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1358 HB10-1284		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

02:19 PM

Senator Foster called the meeting to order.

02:19 PM -- House Bill 10-1358

Senator Johnston, prime sponsor, described the provisions of House Bill 10-1358 concerning water smart homes. He also distributed Amendment L 007 (Attachment A). This reengrossed bill requires the builder of a new single-family detached residence, for which a buyer is under contract, to offer the buyer a selection of water-saving options, including: water-efficient toilets, lavatory faucets, and showerheads; and dishwashers and clothes washers that meet federal Environmental Protection Agency energy star program standards if they are to be financed, installed, or sold as upgrades through the home builder. If the landscaping is financed, installed, or sold as upgrades through the home builder and maintained by the homeowner, the homebuilder must offer landscape design that follows the Green Industry's best management practices. The builder must also offer the installation of a pressure-reducing valve that limits water pressure in the residence to 60 pounds per square inch.

The following persons testified on the bill:

02:26 PM -- Kim Calimino, Homebuilders Association of Metro Denver, spoke in opposition to the bill. As an alternative, she proposed providing incentives to retrofit existing homes with water saving fixtures.

02:33 PM -- Shawn Mulligan, Fanning and Associates, spoke in opposition to the bill and explained how the market is currently addressing the need to increase water efficiency. He also expressed concern about the cost of complying with the bill's requirements and responded to questions from the committee about the performance of water saving fixtures.

02:46 PM -- Jeanie Fricke-Saito, Colorado Homebuilders Association, spoke in opposition to the bill and identified the advantages of retrofitting existing homes with water saving devices. She described market forces that promote use of water saving measures and expressed concern about the cost of complying with the bill's requirements. She also responded to questions from the committee about the willingness of homebuilders to voluntarily provide water savings devices to home buyers.

02:53 PM -- Chris Piper, Denver Board of Water Commissioners, Colorado Water Congress, spoke in support of the bill and Amendment L. 007 (Attachment A). He also described methods for addressing increasing water demands from municipal and industrial customers including water conservation and increased water supply development. He also responded to questions from the committee about the provision of Amendment L. 007.

02:59 PM -- Rebecca Mitchell, Colorado Department of Natural Resources, spoke in support of the bill and described the need to address the growing demand for water from municipal and industrial water users. She also responded to questions from the committee about the cost of water savings fixtures.

03:03 PM -- Benjamin Waters, Rocky Mountain Farmers Union, spoke in support of the bill and responded to questions about the provision of Amendment L. 007 concerning the use of greywater.

03:05 PM -- Kristen Fefes, Associated Landscape Contractors of Colorado, Green Industries of Colorado (GreenCO), spoke in support of the bill.

03:08 PM -- Drew Beckwith, Colorado Environmental Coalition, Environment Colorado, Western Resource Advocates, spoke in support of the bill.

03:11 PM

Senator Johnston closed his remarks on the bill and urged the committee to support Amendment L. 007 (Attachment A).


BILL:	HB10-1358
TIME:	03:11:39 PM
MOVED:	Newell
MOTION:	Moved Amendment L 007. The motion failed on a tie vote of 3 to 3.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	No
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Excused
Not Final YES: 3 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB10-1358
TIME:	03:15:16 PM
MOVED:	Hodge
MOTION:	Moved to reconsider Amendment L 007. The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1358
TIME:	03:16:15 PM
MOVED:	Hodge
MOTION:	Moved Amendment L 007. The motion passed on a roll call vote of 4 to 0.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	No
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1358
TIME:	03:16:47 PM
MOVED:	Newell
MOTION:	Moved to refer House Bill 10-1358 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 5 to 2.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	Yes
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:17 PM

The committee recessed.

03:22 PM -- House Bill 10-1284

Senator Romer and Senator Spence, prime sponsors, described the provisions of House Bill 10-1248 concerning medical marijuana regulations. They also distributed Amendment L. 105 (Attachment B) Amendment L. 106 (Attachment C), Amendment L. 107 (Attachment D), Amendment L.108 (Attachment E), Amendment L. 109 (Attachment F), Amendment L.110 (Attachment G), Amendment L. 111 (Attachment H), Amendment L. 112 (Attachment I), Amendment L.113 (Attachment J), Amendment L. 120 (Attachment K),

This reengrossed 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 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. 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; however, if a locality does not adopt ordinances concerning medical marijuana centers, the state law will apply. The bill also amends the statute concerning the medical marijuana program to regulate the role of caregivers. A caregiver is required to register with the Department of Public Health and Environment for each patient for whom he or she is a caregiver with a limit of five patients at any time, except in exceptional circumstances. Also, a patient may only have one caregiver at any time

The following persons testified on the bill:

03:37 PM -- Mark Simon, representing himself, spoke in opposition to the bill and commented on the amendments proposed by Senator Romer and Senator Spence (Attachment L).

03:40 PM -- Brandon Wise, representing himself, spoke in opposition to the bill and described the benefits of medical marijuana to relieve the symptoms of cerebral palsy (Attachment M).

03:46 PM -- Jarvis Shead, representing himself, spoke in opposition to the bill and described the benefits of medical marijuana to relieve the symptoms of cerebral palsy. He also responded to questions from the committee about his source of medical marijuana.

03:51 PM -- John Suthers, Colorado Attorney General, Department of Law, spoke in opposition to the bill and described the provisions of Section 14 of Article XVIII, of the Colorado constitution, commonly known as Amendment 20 that was approved by the Colorado voters in 2000. He summarized the 2009 Colorado Court of Appeals decision in People v. Clendenin. In part, the court determined that the act of supplying marijuana to a patient for medical use, by itself, is insufficient to qualify a person as a primary caregiver for purposes of the constitutional primary-caregiver affirmative defense to a criminal charge related to medical use of marijuana. The Attorney General described the ballot analysis for Amendment 20, commonly known as the Blue Book, that was prepared by the nonpartisan Legislative Council Staff. He also spoke in support of allowing local voters to prohibit medical marijuana dispensaries in their community and responded to questions from the committee about the bill and current law concerning the regulation of medical marijuana.

03:59 PM -- Matt Cook, Colorado Department of Revenue, spoke in support of the bill and described how the bill regulates medical marijuana by authorizing local medical marijuana licensing and a state licensing authority in the Colorado Department of Revenue. He also responded to questions about the cost of implementing the bill and alternative regulatory mechanisms.

04:07 PM -- Dr. Ned Calonge, Colorado Department of Public Health and Environment, described current law concerning medical marijuana in food and how the bill would regulate these food additives. He also spoke in support of Amendment L.120 (Attachment K) and described department personnel involved in the registration of medical marijuana patients and the back log in processing these applications. He responded to questions from the committee about Amendment L.106 (Attachment C) and the reengrossed bill.

04:12 PM -- Jeff Lawrence, Colorado Department of Public Health and Environment, responded to questions from the committee about recent enforcement actions taken by the City and County of Denver against a dispensary that provided medical marijuana in food.

04:17 PM -- Dr. Tom Brewster, University of Colorado, described the risks associated with the use of marijuana by adolescents and spoke in support of Amendment L.111 (Attachment H) that prohibits persons under 21 years of age in a medical marijuana center.

04:19 PM -- Dr. Thomas Crowley, University of Colorado, spoke in opposition to the medical marijuana dispensary system that would be allowed by the bill. He also described the health risks of marijuana and research on these risks.

04:23 PM -- Don Quick, Adams County District Attorney, representing the Colorado District Attorneys Council, spoke in opposition to the bill and expressed concern about the use of marijuana by minors (Attachment N). He also described the current law concerning the regulation of medical marijuana.

04:27 PM -- Matthew Durkin, Jefferson County District Attorney's Office, spoke in opposition to the bill.

04:31 PM -- Scott Storey, Jefferson County District Attorney, representing Colorado District Attorneys Council, spoke in opposition to the bill and spoke in support of referring the bill to Colorado voters in a referendum election.

04:34 PM -- Mr. Quick responded to questions from the committee about the Section 14 of Article XVIII, of the Colorado constitution (also known as Amendment 20) and problems associated with medical marijuana caregivers.

04:41 PM -- Ernie Martinez, President of Colorado Drug Investigators Association, spoke in opposition to the bill. He described the costs of marijuana abuse and explained that, like alcohol, the tax revenue potential from marijuana will not offset its social impacts.

04:45 PM -- Doug Darr, Adams County Sheriff, representing the County Sheriffs of Colorado (CSOC), spoke in opposition to the bill. He explained how the bill would impact young people and how it would contribute to drug-related crime.

04:48 PM -- Dan May, Fourth Judicial District Attorney, representing Colorado District Attorneys Council, spoke in opposition to the bill and described medical marijuana laws in other states. He also discussed how marijuana and dispensaries contribute to crime and distributed copies of the cover of a children's book entitled "Its Just a Plant - A Children's Story about Marijuana" (Attachment O). Mr. May responded to questions from the committee about laws in other states concerning medical marijuana dispensaries.

04:55 PM -- Mr. Martinez and Sheriff Darr responded to questions from the committee about how medical marijuana laws would be enforced.

05:01 PM -- Brian Vicente, Sensible Colorado, spoke in opposition to allowing local governments to prohibit medical marijuana dispensaries and to impose age restrictions on access to medical marijuana. He also spoke in opposition to the proposed cost of a medical marijuana dispensary license.

05:04 PM -- Wanda James, Apothecary of Colorado, described the medical marijuana dispensary that she operates. She also spoke in support of authorizing medical marijuana dispensaries.

05:07 PM -- Damien La Goy, Sensible Colorado, explained that he is an AIDS (acquired immune deficiency syndrome) patient and he spoke against denying persons under 21 years of age access to medical marijuana dispensaries.

05:09 PM -- Betty Aldworth, Full Spectrum Laboratories, Coloradans for Medical Marijuana Regulations (CMMR), spoke in support of the bill. She also described her medical marijuana testing company and the need to develop new methods of delivering medical marijuana to patients.

05:12 PM -- John Van Zandt, National Association of School Resources Officers, Adams County Sheriff's Office, spoke in opposition to the bill and expressed concern about the effect of medical marijuana on youth.

05:16 PM -- Paul Schultz, Colorado Association of Chiefs of Police, spoke in opposition to the bill and described the impact of medical marijuana on communities. He also expressed concern about allowing wholesale distribution of marijuana and requested that the bill be amended to allow strong local control over medical marijuana operations.

05:19 PM -- Jerry Peters, Colorado Drug Investigators' Association, spoke in support of the five-patient limit for caregivers and he spoke in opposition to allowing medical marijuana dispensaries to operate.

05:23 PM -- Chief Schultz responded to questions from the committee about how to return to a system where medical marijuana is provided by primary caregivers instead of the medical marijuana dispensaries. He also described how patients can acquire medical marijuana including growing marijuana themselves and obtaining marijuana from a caregiver.

05:27 PM -- Mark Radtke, Colorado Municipal League, spoke in support of the reengrossed bill and the provision that allows local governments to regulate medical marijuana dispensaries.

05:30 PM -- Andy Karsian, Colorado Counties, Inc., spoke in support of the reengrossed bill and allowing local communities to regulate medical marijuana dispensaries.

05:35 PM -- Mr. Radtke and Mr. Karsian responded to questions from the committee about the effect of proposed amendments on local government including Amendment L.108 that limits medical marijuana dispensaries near schools. They also responded to questions about local prohibitions on medical marijuana dispensaries and the effect on surrounding communities that allow dispensaries.

05:44 PM -- Walter Rayburn, Medical Oasis, spoke in opposition to the bill and described the operation of his medical marijuana dispensary. He also expressed concern about the proposed cost of a medical marijuana dispensary license.

05:49 PM -- Senator Romer responded to questions from the committee about Senate Bill 10-109 concerning doctor-patient relations and the provision that regulates the use of medical marijuana by persons under the age of 21.

05:51 PM -- Jami Hill-Miller, representing herself, spoke in opposition to the bill and the described care giving services that she provides to medical marijuana patients. She also described the challenges faced by medical marijuana patients in rural areas without medical marijuana dispensaries.

05:58 PM -- Andrew Orr, National Organization for the Reform of Marijuana Laws (NORML) at CU, spoke in opposition to Amendment L. 111 that prohibits persons under the age of 21 from entering a medical marijuana center.

06:00 PM -- Randy Eichner, Colorado Patient and Caregiver Project, spoke in opposition to the bill including the provisions that limit the number of patients that a caregiver may serve and the prohibition on convicted felons from obtaining a license to operate a medical marijuana dispensary.

06:06 PM -- Kevin Grimsinger, Budding Health, spoke in support of the bill and described the medical marijuana care giving services he provides to military veterans. He also spoke in support of allowing medicating on-site at medical marijuana dispensaries.

06:11 PM -- Josh Stanley, Peace in Medicine Center, spoke in support of the reengrossed bill. He also spoke in opposition to Amendment L 105 and spoke in support of allowing medicating on-site at medical marijuana dispensaries. He responded to questions from the committee about proposed amendments.

06:17 PM -- Michael Wyatt, Nature's Remedy, spoke in opposition to the bill and described the care giving services he provides for military veterans (Attachment P). He also described his efforts to open a medical marijuana dispensary in the Town of Parker.

06:23 PM -- Robert J. Corry Jr., representing himself, described the medical and economic benefits of the medical marijuana industry. He also spoke in opposition to the bill including the provisions that require the state licensing authority to request the federal Drug Enforcement Agency to consider rescheduling medical marijuana to a Schedule II controlled substance; the prohibitions on certain persons from obtaining a medical marijuana license; the requirement for the state licensing authority to submit fingerprints to the Federal Bureau of Investigation for a criminal history check; the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary; the ban on deliveries of medical marijuana; the prohibition on two or more caregivers from joining together to cultivate marijuana; the five-patient limit for each caregiver; and allowing local governments to ban medical marijuana dispensaries in their jurisdiction. He also spoke in opposition to Amendment L. 134 that allows a local government to impose a sales tax on medical marijuana; Amendment L 105 that would impose a $35,000 license fee on centers that serve more than 500 patients; Amendment L.106 that would require medical marijuana centers that serve at least 300 patients that have at least one licensed medical professional or message therapist on-site for at least 30 hours per week; Amendment L. 107 that would deny a license to persons who have not been a Colorado resident for at least two years; Amendment L. 108 that prohibits dispensaries in certain larger municipalities and counties within 1000 feet of a school; Amendment L. 109 that prohibits on-site consumption of medical marijuana; and Amendment L. 111 that prohibits persons under 21 years of age in a medical marijuana center. Mr. Corry also responded to questions from the committee about current medical marijuana laws and the regulation of medical marijuana by local governments.

06:49 PM -- Nicholas King, Alpine Herbal Wellness, spoke in opposition to the bill and described the benefits of medical marijuana.

06:53 PM -- Vicki Peterson, representing herself, described the benefits of medical marijuana. She also spoke in opposition to the bill including the provisions that prohibits persons with felony convictions from being a caregiver; the five-patient limit for caregivers; the prohibition on charging a patient more than the cost of cultivating or purchasing the marijuana; and the prohibition on two or more caregivers from joining together to cultivate marijuana. She also responded to questions from the committee about alternative sources for medical marijuana including wholesale growers.

07:04 PM -- Robert Chase, Colorado Coalition of Patients and Caregivers, spoke in opposition to the bill and expressed concern about how the Colorado Department of Public Health and Environment implemented Amendment 20.

07:10 PM -- Laurel Alterman, Altermeds, described the economic and health benefits of medical marijuana. She also spoke in opposition to the bill including the provision that requires that at least 70 percent of medical marijuana sold by a dispensary be grown by that dispensary. She responded to questions from the committee about the need for wholesale growers of medical marijuana.

07:16 PM -- Jackie Edwards, representing herself, explained that she is a medical marijuana patient and patient advocate. She also spoke in opposition to the bill and described the challenge of obtaining affordable medical marijuana and consuming medical marijuana in federal housing.

07:19 PM -- Senator Romer responded to questions from Ms. Edwards about the regulation of medical marijuana in federal housing. He also explained that Amendment L. 109 would allow the Department of Public Health and Environment to grant a waiver for a center to allow on-site medical marijuana consumption for up to 10 percent of its patients.

07:21 PM -- Alan Trenary, representing himself, spoke in opposition to the bill and expressed concern about access to medical marijuana for persons in federal housing. He also spoke in opposition to taxing medical marijuana and the prohibition on the delivery of medical marijuana.

07:27 PM -- Norton Arbelaez, River Rock Wellness, explained that he provides in-house counsel for a wellness center and spoke in support of the reengrossed bill. He also spoke in opposition to the amendments offered by Senator Romer and responded to questions from the committee about alternative sources of medical marijuana.

07:31 PM -- Miguel Lopez, Mile Hi National Organization for the Reform of Marijuana Laws (NORML), spoke in opposition to the limit on persons with felony convictions from obtaining a medical marijuana license and Amendment L. 111 that prohibits persons under 21 years of age in a medical marijuana center.

07:34 PM -- Lauren Davis, representing herself, described her practice as a medical marijuana attorney. She also spoke in opposition to the bill including the provision to allow local governments to prohibit medical marijuana dispensaries; the five-patient limit for each caregiver; the prohibition on two or more caregivers from joining together to cultivate marijuana; the ban on deliveries of medical marijuana; the requirement that primary caregivers provide certain information about their patients to law enforcement; the moratorium on new dispensaries; the prohibition on felons with drug-related convictions from obtaining a medical marijuana license; and Amendment L 105 that would impose $35,000 license fee on centers that serve more than 500 patients. She also responded to questions from the committee about the provisions of the bill that require a caregiver to provide certain information about their patients to law enforcement.

07:45 PM -- Tanya Garduno, Colorado Springs Medical Cannabis Council, spoke in opposition to the bill and explained how it will hurt small business.

07:46 PM -- Jim Benskin, Tracking MMJ, explained that his company tracks medical marijuana. He also spoke in opposition to the bill and requested that the bill be amended to require the tracking of medical marijuana to determine the source of the product.

07:50 PM -- Kamal Patterson, Colorado Springs Medical Cannabis Council, spoke in opposition to the bill and expressed concern about the effect of the proposed medical marijuana center license fee on access to affordable medical marijuana. He also spoke in opposition to prohibiting persons under 21 years of age in medical marijuana centers.

07:53 PM -- Charles Houghton, Colorado Springs Medical Cannabis Council, spoke in opposition to the bill and proposed that the General Assembly form a task force comprised of medical marijuana stakeholders to recommend legislation to regulate medical marijuana dispensaries.

07:55 PM -- Ms. Garduno returned to describe public education about medical marijuana her organization is providing to state and local government officials. She also spoke in opposition to allowing local governments to prohibit dispensaries in their jurisdiction.

07:59 PM -- Mr. Patterson and Ms. Garduno responded to questions about growing medical marijuana and deliveries of medical marijuana.

08:02 PM -- Charlene Parc-Wollin, representing herself, explained that she is a caregiver for her 18-year-old daughter who suffers from migraine headaches. She also spoke in opposition to the bill including the provision to allow local governments to ban medical marijuana centers; the proposed medical marijuana license fees; the prohibition on two or more caregivers from joining together to cultivate marijuana; the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary; and Amendment L. 111 that prohibits persons under 21 years of age in a medical marijuana center.

08:06 PM -- Kendra Cooper, Medicinal Marijuana T.V., spoke in opposition to the bill and described the benefits of medical marijuana in relieving pain related to fibromyalgia. She described the need for medical marijuana dispensaries and spoke in opposition to Amendment L 111 that prohibits persons under 21 years of age in a medical marijuana center. She also responded to questions from the committee about the benefits of medical marijuana in relieving pain related to fibromyalgia.

08:11 PM -- Keith Evan Rude, American Medical Marijuana Standards Association (MMSA), explained that he is a patient advocate and described the challenge faced by disabled veterans in obtaining medical marijuana. He also spoke in opposition to the bill.

08:14 PM -- Jessica LeRoux, Twirling Hippies Confections, also known as "the cheesecake lady," explained that she makes cannabis-infused cheesecakes and other treats and described the benefits of marijuana-infused products for certain patients. She also spoke in opposition to the provision of the bill that prohibits medical-marijuana-infused products that contain marijuana from more than one medical marijuana center. She explained that the marijuana-infused products that she makes often include marijuana from multiple growers and she described the need to maintain product consistency. She spoke in opposition to the bill's product labeling requirements and how license fee revenue would be used for activities not related to oversight of the medical marijuana industry.

08:20 PM -- Senator Romer responded to Ms. LeRoux comments and discussed potential amendments to address her concerns.

08:25 PM -- Ms. LeRoux responded to questions from the committee about potential amendments to address her concerns and how the quality and consistency of marijuana-infused products can be maintained.

08:29 PM -- Max Montrose, Medicinal Marijuana T.V., spoke in opposition to the bill. He also spoke in support of prohibiting out-of-state growers and measures to increase access for indigent patients. He also spoke in opposition to provisions that limit advertising by medical marijuana dispensaries; Amendment L. 111 that prohibits persons under 21 years of age in a medical marijuana center; and the role of the Department of Revenue in the regulation of medical marijuana centers.

08:34 PM -- Clay Shipley, representing himself, described the benefits of medical marijuana for relieving his migraine headaches and spoke in opposition to the bill.

08:39 PM -- Robert Lopez, representing himself, explained that he is a convicted felon and spoke in opposition to the bill, including the provision that prohibits convicted felons from obtaining a medical marijuana license.

08:41 PM -- Brooke Wise, representing herself, explained that she makes medical marijuana products and described the benefits of medical marijuana for treating her medical condition. She also spoke in opposition to the provisions of the bill concerning information that must be provided to obtain a medical marijuana license, the prohibition on more than one caregiver for each patient, the five-patient limit for each caregiver; and the prohibition on deliveries of medical marijuana.

08:45 PM -- Crystal Frankel, representing herself, spoke in opposition to the bill and described the medical and economic benefits of medical marijuana.

08:48 PM -- Kathleen Chippi, Freedom in U.S., spoke in opposition to the bill and the proposed amendments. She also described Amendment 20 and spoke in opposition to the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary.

08:51 PM -- Laura Kriho, Cannabis Therapy Institute, spoke in opposition to the bill and expressed concern about the effect of the bill on medical marijuana dispensaries (Attachment Q). She also urged the committee to form a stakeholder process to propose alternative regulations for medical marijuana.

08:56 PM -- Barb Visher, representing herself, described the caregiver services she provides to medical marijuana patients. She also spoke in opposition to the bill including the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary

09:00 PM -- Gerrit Sup, representing himself, explained that he is a medical marijuana patient and caregiver. He also described Section 14 of Article XVIII, of the Colorado Constitution (Amendment 20) and spoke in opposition to the bill including the five-patient limit for each caregiver; the prohibition on two or more caregivers from joining together to cultivate marijuana; and the cost of medical marijuana license and its effect on the cost of medical marijuana.

09:02 PM -- Kimberly Matteo, Naturopathic Doctor (N.D.), representing herself, described the caregiver services she provides to medical marijuana patients. She spoke in opposition to the bill including the five-patient limit for each caregiver and the provision that requires the state licensing authority to request the federal Drug Enforcement Agency to consider rescheduling medical marijuana to a Schedule II controlled substance. She also expressed concern about the effect of the bill on small dispensaries and the consolidation of the dispensary market.

09:06 PM -- Nick Williams, representing himself, spoke in opposition to the bill including the five-patient limit for each caregiver.

09:08 PM -- Michael Rayer, representing himself, spoke in opposition to the bill and the role of the Colorado Department of Revenue in the regulation of medical marijuana dispensaries (Attachment R).

09:10 PM -- James McVaney, representing himself, spoke in opposition to the bill including the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary; the penalties for violation of the proposed law; and allowing local governments to ban dispensaries. He also urged the committee to form a stakeholder process to propose alternative regulations for medical marijuana.

09:14 PM -- Nic Demuth, representing himself, described research concerning the safety and benefits of medical marijuana. He also spoke in opposition to the bill including the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary.

09:17 PM -- Tina Valenti, In Harmony Wellness, described the benefits of medical marijuana distributed by dispensaries. She spoke in opposition to the bill including the requirement that at least 70 percent of medical marijuana sold by a dispensary be grown by the dispensary; allowing local governments to ban dispensaries; and provisions that regulate how doctors may prescribe medical marijuana.

09:21 PM -- Lono Ho Ala, Eagles Nest Sanctuary, described the safety and benefits of medical marijuana. He also spoke in opposition to Amendment L. 106 that would require medical marijuana centers that serve at least 300 patients to have at least one licensed medical professional or message therapist on-site for at least 30 hours per week and expressed concern about the effect of the bill on low-income medical marijuana patients. He also urged the committee to form a stakeholder process to propose alternative regulations for medical marijuana.

09:24 PM -- Mark Rose, Grateful Meds, spoke in opposition to the bill and expressed concern about the effect of bill on small medical marijuana dispensaries and illegal marijuana sales.

09:27 PM -- Jason Lauve, representing himself, spoke in opposition to the bill and responded to proposed amendments to the bill to allow state-run growing operations. He also described the research on the health benefits of medical marijuana.

09:32 PM -- Bryan Nash, representing himself, explained that he operates a medical marijuana dispensary and spoke in opposition to the bill including the five-patient limit for caregivers. He also expressed concern about the effect of the bill on the cost of medical marijuana and the availability of medical marijuana.

09:36 PM -- Dr. Alan Shackelford, representing himself, spoke in support of the bill and described the benefits of medical marijuana. He also identified alternative to smoking medical marijuana including edibles and tinctures, and described the need to regulate medical marijuana dispensaries to ensure the quality of the medical marijuana. He expressed concern about probation officers and other nonmedical personnel making medical decisions about whether another person may use medical marijuana. He also responded to questions from the committee about potential amendments to the bill and the benefits of topical application of medical marijuana. He spoke in support of removing restrictions on delivery of marijuana and spoke in opposition to provisions that would increase the cost of the medical marijuana.

09:46 PM -- Kyle Marsh, People's Cannabis News, explained that his news show is on YouTube and described the medical benefits of cannabinoids. He also spoke in opposition to the bill and urged legislators to visit www.phoenixtears.ca to learn more about the medical benefits of cannabinoids.

09:49 PM -- Nick LoVuolo, representing himself, spoke in opposition to the bill and described the intent of persons who voted for Amendment 20. He also responded to comments from the committee.

10:00 PM -- Matt Rhinegold, Zen Gold, spoke in opposition to the bill and described his medical marijuana growing operations and caregiving service. He explained that he was convicted of a class 6 felony for drug possession and spoke in opposition to the provision that prohibits convicted felons from obtaining a medical marijuana license.

10:03 PM -- Das Ellis, Compassionate Use Respects Everyone (CURE), spoke in opposition to the bill and described his efforts in the campaign to pass Section 14 of Article XVIII, of the Colorado Constitution (Amendment 20).

10:08 PM -- James Trenholm, representing himself, spoke in opposition to the bill.

10:12 PM -- Bob Walborn, representing himself, expressed concern about the format of the current medical marijuana license and the risk it poses for identity theft. He also spoke in opposition to the bill including the provision that prohibits convicted felons from obtaining a medical marijuana license.

10:16 PM -- Kurt VonCloedl, representing himself, spoke in opposition to the bill including the five-patient limit for caregivers. He explained that he grows marijuana for 135 patients. He also urged the committee to form a stakeholder process to propose alternative regulations for medical marijuana and responded to questions from the committee about his relationship with medical marijuana patients who use his product.

10:29 PM -- Bo Shaffer, Front Range NORML, spoke in opposition to the bill and described the benefits that medical marijuana provides his wife.

10:33 PM -- Susan Squibb, Hemp Sources Inc., spoke in opposition to the bill.

10:37 PM -- Aga Loba , spoke in opposition to the bill and expressed concern about the effect of the bill on small dispensaries and illegal sales of marijuana.

10:40 PM

Senator Romer and Senator Spence closed their remarks on the bill and requested that the committee consider the amendments that they offered earlier in the meeting.

10:42 PM

The committee recessed.

10:50 PM

The committee returned from recess.


BILL:	HB10-1284
TIME:	10:50:41 PM
MOVED:	Newell
MOTION:	Moved Amendment L.107 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:51 PM

Senator Romer explained why he will not offer Amendment L. 106 (Attachment C).


BILL:	HB10-1284
TIME:	10:52:06 PM
MOVED:	Kester
MOTION:	Moved Amendment L. 112 (Attachment I), as amended. The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	10:53:51 PM
MOVED:	Kester
MOTION:	Moved to amend Amendment L.112, page 1, line 2, after "CHARTERED BANK insert "OR CREDIT UNIONS". The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	10:54:36 PM
MOVED:	Hodge
MOTION:	Moved Amendment L.113 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:54 PM

Matt Cook, Department of Revenue, described the provisions of Amendment L. 113 (Attachment J).


BILL:	HB10-1284
TIME:	10:58:17 PM
MOVED:	Foster
MOTION:	Moved Amendment L. 119 (Attachment S), as amended.. The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:58 PM

Kevin Bommer, Colorado Municipal League, described the provisions of Amendment L. 119 (Attachment S).


BILL:	HB10-1284
TIME:	11:02:19 PM
MOVED:	Foster
MOTION:	Moved to amend Amendment L.119, page 1, strike lines 9 through 12. The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	11:03:33 PM
MOVED:	Foster
MOTION:	Moved Amendment L.121 (Attachment T). The motion passed on a roll call vote of 5 to 1, with one excused.
SECONDED:
		VOTE
	Cadman	Excused
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	No
	Foster	Yes
	Schwartz	Yes
Not Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:03 PM

Kevin Bommer, Colorado Municipal League, described the provisions of Amendment L. 121 (Attachment T) and spoke in its support.


BILL:	HB10-1284
TIME:	11:11:19 PM
MOVED:	Foster
MOTION:	Moved Amendment L. 120 (Attachment K). The motion passed without objection.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester
	Lundberg
	Newell
	Foster
	Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:12 PM

Karen McGowen, Colorado Department of Revenue, described the provisions of Amendment L. 120 (Attachment K) and spoke in its support.

11:15 PM

Senator Romer explained why he is not offering amendment L. 111 (Attachment H), Amendment L.109 (Attachment F) and Amendment L. 134 (Attachment U).

11:21 PM

Senator Romer and Senator Spence closed their remarks on House Bill 10-1284, as amended.

11:24 PM

Committee discussion followed about the House Bill 10-1284, as amended.


BILL:	HB10-1284
TIME:	11:30:04 PM
MOVED:	Foster
MOTION:	Moved to refer House Bill 10-1284 to the Committee on Appropriations, as amended. The motion passed on a roll call vote of 6 to 0, with 1 excused.
SECONDED:
		VOTE
	Cadman	Excused
	Hodge	Yes
	Kester	Yes
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:32 PM

The meeting adjourned.