Final
STAFF SUMMARY OF MEETING

COMMITTEE ON AMENDMENT 64 IMPLEMENTATION COMMITTEE

Date:03/25/2013
ATTENDANCE
Time:09:06 AM to 12:33 PM
Baumgardner
E
DelGrosso
X
Place:SCR 356
Marble
X
May
X
This Meeting was called to order by
Nordberg
X
Representative Pabon
Schwartz
E
Singer
X
This Report was prepared by
Ulibarri
E
Kelli Kelty
Jahn
X
Pabon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Overview of the Amendment 64 Task Force Recommendations
Public Testimony		Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only


09:07 AM -- Overview of the Amendment 64 Task Force Recommendations

Representative Pabon, chair, called the meeting to order. A quorum was present. Representative Pabon discussed the upcoming meetings of the committee and said that 18 recommendations (the 8, 9, 10, and 11 series) were discussed on Friday as well as public testimony. He said that the committee would discuss series 12 and 13 today and then take public testimony.

09:09 AM -- Mr. Charles Garcia introduced himself to the committee. He gave an overview of his background in criminal law and law enforcement. Mr. Garcia discussed Recommendation 12.1, enacting House Bill 13-1114 concerning penalties for persons who drive while under the influence of alcohol or drugs. Representative DelGrosso asked how the five nanogram provision in the bill compares to other states. Mr. Garcia said that he is not aware of a state that has a higher nanogram threshold. Representative Pabon commented on Recommendation 12.1 and said that this recommendation is not appropriate for a vote to include as draft legislation.

09:13 AM

Mr. Garcia commented on Recommendation 12.2, which requires the Advanced Roadside Impaired Driving Enforcement (ARIDE) training as a mandatory training element in future Colorado Peace Office Standards and Training (POST) certification. Representative DelGrosso asked about costs related to POST certification. Mr. David Blake, Deputy Attorney General, commented on POST certification. Discussion ensued concerning POST programs and training and related costs.


09:19 AM

Mr. Garcia commented on Recommendation 12.3, concerning revisions to the Criminal Code. He said that the criminal law working group tried to focus on issues that they felt would not be addressed in a separate bill. He said that current law addresses possession of two ounces or less of marijuana as a class 2 petty offense. He said that subsection 2 of the recommendation came about as a result of Recommendation 12.5. He commented on subsections 3 and 4 of the recommendation. Representative Pabon asked for more information concerning possession of paraphernalia by any person under the age of 21. Mr. Garcia said that subsection 5 of the recommendation came about as a result of Recommendation 12.5. He said that juveniles under the age of 18 should be considered when addressing Recommendation 12.5. Representative Pabon commented on the recommendation. Mr. Garcia commented on the definition of "first offense" pursuant to the recommendation. Representative Pabon commented on Recommendation 13.2, concerning clarification of an offense as a criminal violation and not a civil violation and asked if the definition of "first offense" under Recommendation 12.3 asked if those would conflict.

09:37 AM

Mr. Garcia commented on Recommendation 12.4, concerning establishing consequences for the transfer of marijuana by any person age 21 or older to any person between the ages of 18 and 20. Representative DelGrosso asked about purchasing of alcohol for minors. Discussion ensued concerning penalties for the transfer of marijuana to persons ages 18 to 20, particularly in comparison for similar penalties related to alcohol.

09:54 AM

Senator Marble asked if a special exemption was needed for people under the age of 21 who need a medical marijuana card. Representative Pabon commented on Section 18-18-406, Colorado Revised Statutes. Committee discussion ensued concerning the transfer of marijuana to minors. Senator Marble asked about those older than 21 years of age transferring to a medical marijuana patient under the age of 21 and how this can be clarified. Discussion ensued concerning regulatory requirements under Amendment 64.

10:04 AM

Mr. Garcia commented on Recommendation 12.5, concerning establishing consequences for persons under the age of 18 for the first offense of possession of less than one ounce of marijuana. Mr. Garcia commented on education and treatment. Representative DelGrosso asked about minor possession of alcohol offenses and the loss of driving privileges and whether the working group discussed moving those deterrents over to marijuana use.

10:14 AM

Mr. Garcia commented on Recommendation 12.6, concerning amending existing motor vehicle statutes to reflect the care required of consumers transporting marijuana in motor vehicles.

10:17 AM

Representative Pabon commented on the issues for further consideration listed on pages 108 and 109 of the final report.

10:22 AM

Mr. Garcia commented on Recommendation 13.1, concerning amendments to the Colorado Clean Indoor Air Act. Senator Marble asked if there are any studies available that address the health effects of secondhand marijuana smoke. Mr. Garcia said that there are studies. Mr. Blake said that there are studies on both sides of the issue.



10:27 AM

Mr. Garcia commented on Recommendation 14.1, concerning defining the following terms as they relate to the cultivation of adult-use marijuana: "enclosed, locked space" and "not growing openly or publicly." Representative Pabon asked if the recommendation is that the definitions included in the recommendation be adopted and memorialized in legislation.

10:32 AM

Representative Pabon commented on Recommendations 11.1, concerning child care licensing consequences, and 11.2, concerning excluding cultivation in a child care family home. Discussion ensued concerning marijuana use in a home with the presence of children and associated consequences. Representative Singer commented on sections of current law regarding child abuse and how a parent's behavior can result in a child being unsafe. Mr. Garcia commented on the role of law enforcement in these situations. Discussion ensued concerning social clubs and the role of local jurisdictions. Representative Pabon commented on House Bill 13-1114. Mr. Blake commented on the bill in relation to the task force recommendations.

11:02 AM

Mr. Blake commented on Recommendation 15.1, concerning banking solutions for legal marijuana businesses. Mr. Blake discussed Recommendation 15.2, concerning business deductions for legal marijuana businesses.

11:08 AM

Mr. Blake commented on Recommendation 16.1, concerning maintaining the status quo for employers and employees, and Recommendation 16.2, concerning maintaining the status quo for property owners. Mr. Blake discussed Recommendation 16.3, concerning enforcement of contracts. Representative DelGrosso asked about contracts involving people outside of Colorado.

11:16 AM

Mr. Ron Kammerzell, representing the Department of Revenue (DOR), commented on Recommendation 16.4, concerning legislation on the sale of industrial hemp. Discussion ensued concerning statutory guidance by the General Assembly that is needed or recommended. Representative Pabon asked about timelines for the regulation of adult-use marijuana versus hemp as set forth in Amendment 64. Discussion ensued concerning timelines for the recommendations.

11:24 AM -- Mr. Kevin Bommer, representing the Colorado Municipal League (CML), came to the table to speak about Recommendation 13.2, concerning the clarification of an offense. Mr. Bommer spoke about the local government perspective concerning the recommendation. Mr. Bommer commented on Recommendation 2.2, concerning application fees, and Recommendation 2.4, concerning operating fees.

11:38 AM

Mr. Kammerzell discussed Recommendation 7.2, concerning automated dispensing machines, and Recommendation 14.2, concerning prohibiting the use of flammable gases. Senator Marble commented on the use of flammable gases. Discussion ensued concerning the use of flammable gases. Mr. Kammerzell commented on Recommendation 17.1, concerning follow-up to the work of the task force.


11:53 AM

Representative Pabon commented on the committee's work thus far and discussed the meeting agenda for the next meeting on Tuesday, March 26.

11:55 AM -- Public Testimony

The following people testified:

11:56 AM -- Mr. Phillip Barton, representing himself, spoke about recreational use of marijuana. Representative Pabon commented on Amendment 64.

11:59 AM -- Mr. Norton Arbelaez, representing the Medical Marijuana Industry Group (MMIG), commented on the importance of regulatory parity. Ms. Megan Sanders, representing the Cannabis Business Alliance, spoke on the cannabis market in Colorado and vertical integration. Representative Nordberg asked why they support the vertical integration model. A handout was distributed to the committee (Attachment A).

130325 AttachA.pdf130325 AttachA.pdf

12:06 PM -- Mr. Mikel Elliott, representing MMIG, spoke about the current medical marijuana industry and the excise tax.

12:08 PM -- Mr. Tom Bowler, representing Rocky Road Remedies, spoke about the current medical marijuana regulations.

12:10 PM -- Mr. Robert Corry, Jr., representing himself, said that he is responsible for setting up the medical marijuana industry in Colorado and that he was a co-drafter of Amendment 64. He commented on the intent of Amendment 64.

12:13 PM -- Ms. Jessica LeRoux, representing private patients and rural concerns, commented on property rights.

12:17 PM -- Mr. Bruce Granger, representing Kind Love, commented on the seed-to-sale tracking system.

12:18 PM -- Mr. Ronn Nixon, representing himself, spoke about the practical application of transitioning a patient-based system of medical marijuana to that of adult-use cannabis.

12:21 PM -- Ms. Cheri Hackett, representing Associated Cannabis Trades, commented on taxes.

12:22 PM -- Mr. Richard Fitzpatrick, representing the Cannabis Standards Institute, spoke about consumer safety labeling and packaging requirements. A handout was distributed to the committee (Attachment B).

130325 AttachB.pdf130325 AttachB.pdf


12:25 PM -- Ms. Philycia Barton, representing herself, said that she voted for Amendment 64 and spoke about Recommendation 14.1, concerning definitions of enclosed, locked,and not growing openly or publicly. Ms. Barton responded to questions from the committee.

12:29 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, commented on vertical integration and the tourist residency requirement. Representative Pabon commented on the tourist residency requirement.

12:32 PM

Representative Pabon discussed the committee agenda for the committee's next meeting on Tuesday, March 26.

12:33 PM

The committee adjourned.