Date: 03/19/2013

Final
BILL SUMMARY for HB13-1238

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment B). The motion p
Refer House Bill 13-1238, as amended, to the Commi		PASS
PASS



03:13 PM -- House Bill 13-1238

Representative McCann introduced House Bill 13-1238 and explained that there was a strike-below amendment to the bill, L.003 (Attachment B). She explained that the original bill would have transferred money from the Medical Marijuana Cash Fund to the Department of Human Services for marijuana and prescription drug abuse treatment each year for the next four years. Amendment L.003 removes this transfer. It further requires the state and local medical marijuana licensing authorities to publish a report on their websites regarding the number of license applications that are denied, pending, approved, and withdrawn. The amendment also clarifies that a state license for a medical marijuana facility is conditioned upon approval of the local licensing authority and expires if the applicant does not receive local licensing authority approval within one year of the state's approval. An applicant that has been issued a conditional state license can continue to operate the business while an application is pending with the local licensing authority. Representative McCann explained that the amendment will allow the Department of Revenue to be more efficient in its inspections and licensing of medical marijuana facilities. Representative McCann and Representative Primavera discussed the bill's fiscal note.

130319 AttachB.pdf130319 AttachB.pdf

03:23 PM -- Laura Harris, Medical Marijuana Enforcement Division, Department of Revenue, discussed the difficulties experienced by the Department of Revenue in communicating with the local licensing authorities regarding medical marijuana licensing applications. She explained that the amendment will allow the department to generate a stable revenue cycle and determine whether fees need to be adjusted to meet the department's expected expenditures. She responded to questions from the committee regarding the provisions of amendment L.003, and how it allows the department to collect licensing fees up front. Ms. Harris responded to question from the committee regarding the dual state and local licensing structure.

03:32 PM

Ms. Harris explained the process of obtaining a license to operate a medical marijuana center. Committee discussion continued about the local and state licensing processes and the fees for licensing. Ms. Harris responded to committee questions about the number of centers that have been issued a provisional state license and are waiting for local approval of their license. She responded to questions from the committee about the fiscal impact of the bill. The committee discussed the moneys in the Medical Marijuana Program Cash Fund and whether that money could be used for licensing and enforcement activities. Ms. Harris further responded to questions from the committee regarding uncollected license fees. Committee discussion continued.

04:06 PM -- Michael Dohr, Office of Legislative Legal Services, walked the committee through the provisions of amendment L.003 (Attachment B). He explained that section 2 of the amendment will allow the state to collect its licensing fee up front, prior to the local licensing authority issuing its approval.

04:17 PM -- Clare Pramuk, Legislative Council Staff, came to the table to respond to questions from the committee regarding amendment L.003's effect on the bill's fiscal impact.

04:21 PM -- Robert Chase, Colorado Coalition for Patients and Caregivers, spoke to amendment L.003 and its differences from the original bill. He discussed the original bill, and his belief that, as proposed, it was unconstitutional.

04:30 PM

Representative McCann gave concluding remarks regarding the bill.

BILL:HB13-1238
TIME: 04:30:46 PM
MOVED:McCann
MOTION:Adopt amendment L.003 (Attachment B). The motion passed on a vote of 7-6.
SECONDED:Young
VOTE
Conti
No
Everett
No
Joshi
No
Landgraf
No
May
Yes
McCann
Yes
Schafer
Yes
Singer
Yes
Stephens
No
Tyler
Yes
Wilson
No
Young
Yes
Primavera
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB13-1238
TIME: 04:32:32 PM
MOVED:McCann
MOTION:Refer House Bill 13-1238, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED:Schafer
VOTE
Conti
No
Everett
No
Joshi
No
Landgraf
No
May
Yes
McCann
Yes
Schafer
Yes
Singer
Yes
Stephens
No
Tyler
Yes
Wilson
No
Young
Yes
Primavera
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:36 PM

The committee adjourned.