Final
STAFF SUMMARY OF MEETING

COMMITTEE ON AMENDMENT 64 IMPLEMENTATION COMMITTEE

Date:03/28/2013
ATTENDANCE
Time:07:36 AM to 09:00 AM
Baumgardner
X
DelGrosso
X
Place:SCR 356
Marble
*
May
X
This Meeting was called to order by
Nordberg
X
Representative Pabon
Schwartz
E
Singer
*
This Report was prepared by
Ulibarri
*
Erin Vanderberg
Jahn
X
Pabon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Consideration of recommendationsAction taken on 19 recommendations (see summary for detail)


07:37 AM -- Consideration of recommendations

Representative Pabon, chair, called the meeting to order. A quorum was present. Representative Pabon made introductory comments and reviewed the previous work of the committee, including recommendations previously voted upon: Recommendations 1.2, 1.3, 1.4, 6.1, 6.3 and 4.3 (as amended). Representative Pabon stated that the committee had received a deadline extension from this Friday, March 29, to Monday, April 8, to complete its work. Representative DelGrosso discussed the previous day's audit of the state's Medical Marijuana Enforcement Division (MMED) under the Department of Revenue (DOR) and stated his concerns with moving forward with the day's work in light of that audit. Representative DelGrosso asked that the committee move to reconsider Recommendation 1.4 - Single Marijuana Enforcement Division. Representative Nordberg echoed Representative DelGrosso's concerns, citing specifics on MMED overspending.

07:47 AM

Representative Pabon called a recess.


08:03 AM

The committee came back to order.
BILL:Consideration of recommendations
TIME: 08:03:30 AM
MOVED:DelGrosso
MOTION:Reconsider the recommendation that the Office of Legislative Legal Services (OLLS) include Recommendation 1.4 in draft legislation. The motion passed on a vote of 8-0, with 2 excused.
SECONDED:Nordberg
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Excused
Jahn
Yes
Pabon
Yes
YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:Consideration of recommendations
TIME: 08:04:23 AM
MOVED:DelGrosso
MOTION:Recommend that OLLS not include Recommendation 1.4 in draft legislation. The motion passed on a vote of 8-0, with 2 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Excused
Jahn
Yes
Pabon
Yes
YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS




08:07 AM

Representative Pabon invited DOR's Director Barbara Brohl and Ron Kammerzell to the table to answer committee questions and concerns about the MMED. Representative DelGrosso asked how the DOR could be trusted to handle an entirely new industry in light of the audit report. Director Brohl stated that she and Mr. Kammerzell were present to receive guidance from the committee on how to proceed and gave a brief overview of DOR's MMED, which came online in July 2010. Director Brohl stated that the department experienced a change in leadership in July 2011, when she came aboard. She stated that by November 2011, she had replaced MMED chief Dan Hartman with Laura Harris. She discussed the issue of departmental overspending and stated that the DOR now has measures and controls in place. She stated that the MMED has erred on the side of fiscal frugality since identifying the issues. Representative Nordberg thanked Director Brohl for being accessible to committee members and stated that the MMED is not collecting the licensing fees it should be. Representative Nordberg stated that DOR should also ensure accountability mechanisms for expenditures. Senator Marble asked a question on the time span of the audit. Director Brohl stated that the audit spanned from the MMED's beginning on July 1, 2010 through October 2012. Director Brohl stated that all the purchases in question as well as background checks occurred during FY 2010-11.

08:17 AM

Representative May asked how the department would rectify its issues and be ready to implement the regulation of recreational marijuana before the implementation date of March 2014, and requested a report. Committee discussion ensued on the department's backlog. Director Brohl stated that she would return to the committee on April 4 at 7:30 a.m. to offer a report on how DOR plans to address issues within the MMED.

08:23 AM

The committee took up Recommendation 4.1 - Residency Requirements for Owners and Employees.
BILL:Consideration of recommendations
TIME: 08:24:13 AM
MOVED:Jahn
MOTION:Recommend that OLLS include Recommendation 4.1 in draft legislation. The motion passed on a vote of 6-3, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
No
Marble
No
May
Yes
Nordberg
No
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:25 AM

The chair laid over 4.2 - Review of Suitability Requirements for Licensees - and reminded the committee that Recommendation 4.3 - Responsible Retailers Program and Statewide Advisory Group, was previously adopted as amended. The committee took up Recommendation 5.1 - Complete Transition from Medical to Adult-Use Marijuana.
BILL:Consideration of recommendations
TIME: 08:26:44 AM
MOVED:DelGrosso
MOTION:Recommend that OLLS include Recommendation 5.1 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:27 AM

The committee took up Recommendation 5.2 - Partial Transition for Cultivation and Manufacturing.
BILL:Consideration of recommendations
TIME: 08:27:49 AM
MOVED:Baumgardner
MOTION:Recommend that OLLS include Recommendation 5.2 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:Ulibarri
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:28 AM

The committee took up Recommendation 5.3 - Partial Transition for Cultivation and Retail.
BILL:Consideration of recommendations
TIME: 08:29:00 AM
MOVED:Jahn
MOTION:Recommend that OLLS include Recommendation 5.3 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:Ulibarri
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:29 AM

Representative DelGrosso asked that Recommendations 5.4 - Separation of Inventories in Dual-Use Cultivation, and 5.5 - Complete Separation in Dual-Use Medical and Retail, be laid over. Representative Pabon reminded the committee that the Series 6 - Operational Requirements recommendations had previously passed. The chair stated that Recommendations 7.1 - Purchase of Marijuana by Residents and Visitors, 7.2 - Automated Dispensing Machines, and 8.1 - Signage, Marketing, and Advertising, would be laid over to allow time for committee amendments to those recommendations to be finalized. The committee took up Recommendation 8.2 - Packaging Requirements.
BILL:Consideration of recommendations
TIME: 08:32:40 AM
MOVED:Baumgardner
MOTION:Recommend that OLLS include Recommendation 8.2 in draft legislation. The motion passed on a vote of 8-1, with 1 excused.
SECONDED:Nordberg
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
No
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 8 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:33 AM

The chair laid over Recommendation 8.3 - Labeling Requirements, citing amendments from Senator Schwartz. The committee took up Recommendation 8.4 - THC Potency Labeling.
BILL:Consideration of recommendations
TIME: 08:34:16 AM
MOVED:Ulibarri
MOTION:Recommend that OLLS include Recommendation 8.4 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:34 AM

Senator Baumgardner requested that Recommendations 8.5 - THC Potency Limits on Infused Products, and 8.6 - Regulation of Additives in Marijuana Products be laid over. The committee took up recommendation 8.7 - Prohibiting Adulterants - Nicotine.
BILL:Consideration of recommendations
TIME: 08:35:56 AM
MOVED:DelGrosso
MOTION:Recommend that OLLS include Recommendation 8.7 in draft legislation. The motion passed on a vote of 8-1, with 1 excused.
SECONDED:Ulibarri
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
No
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 8 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:36 AM

The committee took up Recommendation 8.8 - Prohibiting Adulterants - Alcohol.
BILL:Consideration of recommendations
TIME: 08:36:55 AM
MOVED:Ulibarri
MOTION:Recommend that OLLS include Recommendation 8.8 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:37 AM

Representative Pabon distributed prepared amendments for recommendation Series 9 and 10 (Attachments A through G) to committee members. The committee took up Recommendation 9.1 - Cultivation and Handling Standards. Representative Pabon discussed the prepared amendment to Recommendation 9.1 (Attachment A). He stated that it leaves the agency that will create a list of banned substances in the cultivation or processing of marijuana to the Governor's discretion, and further creates one primary agency designee.

130328 AttachA.pdf130328 AttachA.pdf130328 AttachB.pdf130328 AttachB.pdf130328 AttachC.pdf130328 AttachC.pdf130328 AttachD.pdf130328 AttachD.pdf130328 AttachE.pdf130328 AttachE.pdf130328 AttachF.pdf130328 AttachF.pdf130328 AttachG.pdf130328 AttachG.pdf
BILL:Consideration of recommendations
TIME: 08:39:35 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 9.1 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Consideration of recommendations
TIME: 08:40:00 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 9.1, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:41 AM

The committee took up Recommendation 9.2 - Good Cultivation and Handling Practices Advisory Group, and Representative Pabon discussed the prepared amendment to Recommendation 9.2 (Attachment B).
BILL:Consideration of recommendations
TIME: 08:41:47 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 9.2 (Attachment B). The motion passed without objection.
SECONDED:Singer
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Consideration of recommendations
TIME: 08:42:07 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 9.2, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:Ulibarri
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:42 AM

The committee took up Recommendation 9.3 - Good Laboratory Practices Advisory Group, and Representative Pabon discussed the prepared amendment to Recommendation 9.3 (Attachment C).
BILL:Consideration of recommendations
TIME: 08:43:08 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 9.3 (Attachment C). The motion passed without objection.
SECONDED:Baumgardner
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Consideration of recommendations
TIME: 08:43:21 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 9.3, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:44 AM

The committee took up Recommendation 10.1 - Education Oversight Committee, and Representative Pabon discussed the prepared amendment to Recommendation 10.1 (Attachment D).
BILL:Consideration of recommendations
TIME: 08:44:41 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 10.1 (Attachment D). The motion passed without objection.
SECONDED:May
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Consideration of recommendations
TIME: 08:44:59 AM
MOVED:Baumgardner
MOTION:Recommend that OLLS include Recommendation 10.1, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:45 AM

The committee took up Recommendation 10.2 - Marijuana Education for Professionals, and Representative Pabon discussed the prepared amendment to Recommendation 10.2 (Attachment E). Representative DelGrosso asked if this recommendation was similar to alcohol training. Representative Pabon discussed continued education requirements currently in place around medical marijuana.
BILL:Consideration of recommendations
TIME: 08:46:06 AM
MOVED:DelGrosso
MOTION:Adopt the prepared amendment to Recommendation 10.2 (Attachment E). The motion passed without objection.
SECONDED:May
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Consideration of recommendations
TIME: 08:46:38 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 10.2, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:50 AM

Representative Singer requested that Recommendation 10.3 - Marijuana Education for the Public be laid over. The committee took up Recommendation 10.4 - Studies of the Health Effects of Marijuana Education Oversight Committee, and Representative Pabon discussed the prepared amendment to Recommendation 10.4 (Attachment F).
BILL:Consideration of recommendations
TIME: 08:50:14 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 10.4 (Attachment F). The motion passed without objection.
SECONDED:Singer
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Consideration of recommendations
TIME: 08:52:06 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 10.4, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:Jahn
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:53 AM

The committee took up Recommendation 10.5 - Study of Law Enforcement Activity, and Representative Pabon discussed the prepared amendment to Recommendation 10.5 (Attachment G).
BILL:Consideration of recommendations
TIME: 08:53:23 AM
MOVED:Pabon
MOTION:Adopt the prepared amendment to Recommendation 10.5 (Attachment G). The motion passed without objection.
SECONDED:Singer
VOTE
Baumgardner
DelGrosso
Marble
May
Nordberg
Schwartz
Excused
Singer
Ulibarri
Jahn
Pabon
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:Consideration of recommendations
TIME: 08:54:24 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 10.5, as amended, in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:55 AM

The chair laid over Recommendation Series 11 - Child Care Facilities. The committee took up Recommendation 12.1 - Support for HB 13-1114 Regarding Penalties for DUID. The committee discussed not recommending 12.1, as this legislation has already been drafted.
BILL:Consideration of recommendations
TIME: 08:56:32 AM
MOVED:DelGrosso
MOTION:Recommend that OLLS not include Recommendation 12.1 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:Ulibarri
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



08:57 AM

The committee took up Recommendation 12.2 - ARIDE Training for Colorado Law Enforcement Officers.
BILL:Consideration of recommendations
TIME: 08:57:34 AM
MOVED:Singer
MOTION:Recommend that OLLS include Recommendation 12.2 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


08:58 AM

The chair laid over Recommendations 12.3 - Revisions to the Criminal Code and 12.4 - Consequence for Transfer of Marijuana to 19- to 20-Year-Olds. The committee took up Recommendation 12.5 - Consequences for Juvenile Possession.
BILL:Consideration of recommendations
TIME: 08:58:42 AM
MOVED:Jahn
MOTION:Recommend that OLLS include Recommendation 12.5 in draft legislation. The motion passed on a vote of 9-0, with 1 excused.
SECONDED:May
VOTE
Baumgardner
Yes
DelGrosso
Yes
Marble
Yes
May
Yes
Nordberg
Yes
Schwartz
Excused
Singer
Yes
Ulibarri
Yes
Jahn
Yes
Pabon
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

08:59 AM

The chair laid over Recommendation 12.6 - Personal Transport of Marijuana.

09:00 AM

The committee members were required for floor work. The committee adjourned.