Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:04/17/2014
ATTENDANCE
Time:01:36 PM to 04:19 PM
Fields
X
Ginal
X
Place:HCR 0107
Humphrey
X
Joshi
X
This Meeting was called to order by
Landgraf
X
Representative McCann
McNulty
*
Primavera
X
This Report was prepared by
Singer
X
Amanda King
Swalm
X
Schafer
*
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1370
HB14-1366
HB14-1364		Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Referred to State, Veterans, & Military Affairs


01:37 PM -- HB14-1364

Representative Singer presented House Bill 14-1364. The bill adds post-traumatic stress disorder to the list of debilitating medical conditions that may be treated with medical marijuana. The committee discussed referring the bill to the House State, Veterans, and Military Affairs Committee. Representative McCann laid the bill over to the end of the calendar.


01:43 PM -- HB14-1370

Representative Melton presented House Bill 14-1370. The bill requires that any disciplinary proceeding against a mental health licensee, registrant, or certificate holder must occur within three years of the alleged act or failure to act that results in the proceedings. Current law does not specify a time frame in which disciplinary proceedings must begin. Representative Melton stated that the bill does not effect civil or criminal liability in response to a question. He responded to questions about how the bill may impact cases involving minors that may not come to light until after the three year statute of limitations and whether there is currently a statute of limitations for disciplinary proceedings against mental health professionals. The committee discussed the bill.

01:53 PM -- Ronne Hines, the Department of Regulatory Agencies, testified against the bill. She discussed the department's concerns with the bill's three year statute of limitations. She stated that mental health professionals are required to keep records for seven years. Representative Humphrey discussed California's law concerning disciplinary proceedings against mental health professionals. Ms. Hines responded to questions about whether other professions have similar statutes of limitations for disciplinary proceedings, which professions the bill would apply to, and what types of complaints might be addressed through disciplinary proceedings.

02:00 PM -- Dr. Reo Leslie, Jr., representing Colorado Mental Health Professionals Association, testified in support of the bill. He discussed the Department of Regulatory Agencies' complaint process. He stated that complaints can be filed anonymously by competing providers. Dr. Leslie responded to questions about the complaint process, how often disciplinary complaints are filed against mental health professionals, and how many complaints were filed after three years. He stated that the Department of Regulatory Agencies can initiate disciplinary proceeding without a complaint being filed. He responded to questions about his organization.

02:11 PM

The committee discussed the bill. Representative Melton provided concluding remarks on the bill.

BILL:HB14-1370
TIME: 02:14:43 PM
MOVED:Fields
MOTION:Refer House Bill 14-1370 to the Committee of the Whole. The motion failed on a vote of 4-6.
SECONDED:Humphrey
VOTE
Fields
Yes
Ginal
No
Humphrey
Yes
Joshi
Yes
Landgraf
No
McNulty
No
Primavera
No
Singer
Yes
Swalm
No
Schafer
Excused
McCann
No
YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB14-1370
TIME: 02:16:08 PM
MOVED:Swalm
MOTION:Postpone House Bill 14-1370 indefinitely. The motion passed on a vote of 7-3.
SECONDED:Singer
VOTE
Fields
No
Ginal
Yes
Humphrey
No
Joshi
No
Landgraf
Yes
McNulty
Yes
Primavera
Yes
Singer
Yes
Swalm
Yes
Schafer
Excused
McCann
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS




02:17 PM -- HB14-1366

Representative McNulty and Representative Singer presented House Bill 14-1366, concerning reasonable restrictions on the sale of edible retail marijuana products. The committee previously heard testimony on the bill on Thursday, April 10, 2014.

02:19 PM -- Dan Anglin, representing EDIPURE, testified against the bill. He discussed child-resistant packaging for marijuana-infused products, a potential amendment to the bill, and product trademarks and manufacturers. He distributed an information packet (Attachment A). He stated that marijuana-infused products degrade when they are exposed to air and light.

140417AttachA.pdf140417AttachA.pdf

02:28 PM

Mr. Anglin responded to questions about why marijuana-infused products are sold in candy formats. He discussed the history of marijuana edibles and why people consume marijuana edibles in response to a question. Mr. Anglin responded to questions about his company and its products, the statistics he shared with the committee about accidental ingestion of retail marijuana products, youth use of edible marijuana products, and changing the format of edible marijuana. Representative Fields commented on how marijuana relates to public safety. Mr. Anglin responded to questions about whether the bill can be enforced and the Department of Revenue's position on the bill. Mr. Anglin stated that the bill has a safety clause that would prohibit a referendum petition.

02:50 PM

Representative McNulty distributed a letter from the Colorado Association of Chiefs of Police (Attachment B) and Maragret C. Campbell, Professor of Marketing, University of Colorado (Attachment C). The committee dialogue with Mr. Anglin about edible retail marijuana products. Representative McNulty referenced amendments L.001 and L.006 (Attachments D and E).

140417AttachB.pdf140417AttachB.pdf140417AttachC.pdf140417AttachC.pdf140417AttachD.pdf140417AttachD.pdf140417AttachE.pdf140417AttachE.pdf

03:06 PM -- Jeff Clayton, representing Green Cross Colorado, testified against the bill. He discussed child-resistant packaging for retail marijuana products, use of trademarked food products in retail marijuana products, and establishing a common shape, stamp, and color for marijuana infused products. Mr. Clayton responded to questions about the potential amendments, use of trademarked food products in retail marijuana products, and his company. Representative McNulty responded to questions about amendment L.001.

03:15 PM -- Meg Collins, representing the Cannabis Business Alliance, testified against the bill. She discussed educating parents about marijuana. Ms. Collins responded to questions about edible retail marijuana products, reports that man recently killed his wife after allegedly ingesting a retail marijuana product, and the dosing labeled on edible marijuana product packaging. The committee dialogued about edible marijuana products. Ms. Collins responded to questions about edible marijuana products being used at work.

03:27 PM -- Shawn Coleman, representing 36 Solutions, testified against the bill. He discussed edible retail marijuana products and the Adams County Student Survey. Mr. Coleman responded to questions about the reasons why someone would consume cannabis products.

03:35 PM -- Rachel O'Bryan, Smart Colorado, testified in support of the bill. She discussed edible marijuana products that look like candy and the protections the bill provides to children. She provided the committee with a handout (Attachment F).

140417AttachF.pdf140417AttachF.pdf

03:39 PM -- Dr. Des Runyan, representing the Kempe Center, testified in support of the bill. He discussed marking edible marijuana products and cases of children admitted to intensive care units due to marijuana ingestion.

03:41 PM -- Christian Sederberg, representing himself, testified in a neutral capacity. He discussed allowing maximum flexibility for the Department of Revenue to develop a system for regulating edible marijuana products and being proactive on the issue of edible marijuana products. Mr. Sederberg responded to questions about the ability of the Department of Revenue to establish a standard shape, stamp, color, or marking for edible marijuana products.

03:48 PM -- Matt Taylor, representing himself, testified in support of the bill. He discussed being a business owner and possible liability issues.

03:50 PM -- Sergeant Mark Stadterman, representing the Greenwood Village Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill. He discussed marijuana use by youth and responded to questions from the committee.

03:54 PM -- Dwayne Smith, representing Safe Kids Colorado, testified in support of the bill. He discussed protecting children from edible retail marijuana products.

03:56 PM -- Jason Warf, representing the Colorado Springs Medical Cannabis Council, testified in support of the bill. He discussed being cautious of overregulation.

03:58 PM -- Lynn Riemer, representing herself, testified in support of the bill. She discussed the training she conducts in schools about edible marijuana products.

04:03 PM -- Megan Sanders, representing Gaia Plant-Based Medicine, testified against the bill. She discussed Craigslist advertising for edible marijuana products (Attachment G). Ms. Sanders responded to questions about why edible marijuana products look like candy.

140417AttachG.pdf140417AttachG.pdf

04:08 PM -- Larisa Bolivar, representing the Cannabis Consumers Union, testified on the bill. She discussed educating budtenders and consumers about edible retail marijuana products.

04:09 PM

The committee discussed amendment L.001.
BILL:HB14-1366
TIME: 04:10:39 PM
MOVED:McNulty
MOTION:Adopt amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Singer
VOTE
Fields
Ginal
Humphrey
Joshi
Landgraf
McNulty
Primavera
Singer
Swalm
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:11 PM

The committee discussed amendment L.006.
BILL:HB14-1366
TIME: 04:15:57 PM
MOVED:McNulty
MOTION:Adopt amendment L.006 (Attachment E). This motion was withdrawn.
SECONDED:Singer
VOTE
Fields
Ginal
Humphrey
Joshi
Landgraf
McNulty
Primavera
Singer
Swalm
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn
BILL:HB14-1366
TIME: 04:17:46 PM
MOVED:McNulty
MOTION:Refer House Bill 14-1366, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Singer
VOTE
Fields
Yes
Ginal
Yes
Humphrey
Yes
Joshi
Yes
Landgraf
Yes
McNulty
Yes
Primavera
Yes
Singer
Yes
Swalm
Yes
Schafer
Yes
McCann
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:18 PM -- HB14-1364

The committee resumed discussion of House Bill 14-1364, which was laid over earlier in the meeting.
BILL:HB14-1364
TIME: 04:18:54 PM
MOVED:Singer
MOTION:Refer House Bill 14-1364 to the Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 7-4.
SECONDED:Primavera
VOTE
Fields
Yes
Ginal
Yes
Humphrey
No
Joshi
No
Landgraf
No
McNulty
Yes
Primavera
Yes
Singer
Yes
Swalm
No
Schafer
Yes
McCann
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:19 PM

The committee adjourned.