House Committee on Judiciary (04/09/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/09/2015	ATTENDANCE

Time:	01:35 PM to 10:19 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	X
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	X
		Lundeen	*
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	*
		Van Winkle	X
		Willett	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1216 HB15-1241 HB15-1303 HB15-1305 HB15-1267		Postponed Indefinitely Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole

01:36 PM -- HB15-1216

The committee was called to order. A quorum was present. Representative Priola, prime sponsor, presented House Bill 15-1216, concerning the admissibility of expert opinions. Representative Priola explained why he supports the legislation. In response to a question, he provided an overview of the bill. Representative Priola responded to questions regarding the problem that the bill seeks to address, and certain jurisprudence associated with expert witness testimony in court proceedings. Discussion ensued regarding how the qualifications of expert witnesses are determined in court.

01:42 PM

The following persons testified regarding HB 15-1216:

01:42 PM -- Mr. Michael Mihm, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. Mr. Mihm spoke in support of the current standards for determining the qualifications of expert witnesses in the court setting, and explained the reasoning behind certain court decisions associated with expert witness testimony. Mr. Mihm explained that the bill relies on an obsolete standard for determining expert witness qualification, and discussed the bill's ambiguity. Mr. Mihm responded to questions regarding how HB 15-1216 would change the use of expert testimony in trials, and the position of certain entities on the bill. Mr. Mihm responded to questions regarding how the bill constitutes tort reform.

01:53 PM -- Mr. Loren Brown, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Brown explained how his organization arrived at its position on the bill. Mr. Brown responded to questions regarding the basis for objection to the bill on the part of his organization's members.

01:56 PM -- Ms. Leia Ursery, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Ursery expressed the concerns of the Trusts and Estates Section of the Colorado Bar Association.

01:59 PM -- Mr. Timothy Tipton, representing the Rocky Mountain Caregivers Cooperative, testified in opposition to HB 15-1216. Mr. Tipton relayed his experiences as an expert witness before the court on marijuana-related issues. Mr. Tipton responded to questions regarding his qualifications as an expert witness.

02:04 PM -- Ms. Janet Sweeney, representing the Phoenix Tears Foundation, testified in opposition to the bill.

02:05 PM -- Mr. Jordan Lipp, representing the Colorado Civil Justice League, testified in support of the bill. Mr. Lipp explained how the bill would reduce "junk science" in the courtroom, reduce forum shopping in litigious matters, and require expert witnesses to have a reliable scientific basis for their testimony. Mr. Lipp responded to questions regarding the bench's discretion for admitting expert witness testimony, and other states that have enacted laws similar to HB 15-1216. Mr. Lipp responded to questions regarding the potential effect of the bill on so-called "satellite litigation," and clarified the benefits of moving to a federal standard of qualifying expert witnesses. Mr. Lipp responded to questions regarding examples of the use of "junk science" in the court setting.

02:19 PM

No amendments were offered to HB 15-1216. Representative Priola provided closing remarks in support of the bill.


BILL:	HB15-1216
TIME:	02:21:04 PM
MOVED:	Dore
MOTION:	Refer House Bill 15-1216 to the Committee of the Whole. The motion failed on a vote of 0-13.
SECONDED:	Lawrence
		VOTE
	Buckner	No
	Carver	No
	Court	No
	Dore	No
	Foote	No
	Lawrence	No
	Lundeen	No
	Pettersen	No
	Salazar	No
	Van Winkle	No
	Willett	No
	Lee	No
	Kagan	No

YES: 0 NO: 13 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1216
TIME:	02:24:20 PM
MOVED:	Kagan
MOTION:	Postpone House Bill 15-1216 indefinitely. The motion passed on a vote of 12-1.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Carver	No
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:25 PM -- HB15-1241

Representative Lontine, prime sponsor, presented House Bill 15-1241, concerning changes to the contents of a criminal summons. Representative Lontine provided background on the issuance of summonses, and explained the effect of the bill. Representative Lontine also discussed the need for the legislation. Representative Lontine responded to questions regarding signature requirements for summonses, and the effect of prepared amendment L.001 (Attachment A). Representative Lontine responded to questions regarding certain information that will remain on summons and complaint forms, and verification of receipt of a summons in the absence of a signature.

15HouseJud0409AttachA.pdf

02:35 PM

The following persons testified regarding HB 15-1241:

02:36 PM -- Lieutenant John Pettinger, representing the Denver Police Department, testified in support of the bill. Lt. Pettinger explained the process of issuing a summons, and clarified the need for the legislation. He discussed the benefits of eliminating the duplicate summons document. Lt. Pettinger responded to questions regarding proof that a defendant has received a summons and complaint, and notice and signature requirements for summonses. Lt. Pettinger responded to questions regarding the impact of the bill on other law enforcement jurisdictions besides Denver, and the scope of the use of electronic citations among police departments.

02:49 PM -- Mr. Ted Trujillo, representing the Division of Motor Vehicles within the Department of Revenue, made himself available to answer questions.

02:50 PM -- Mr. Robert Chase, representing himself, testified in opposition to the bill. Mr. Chase spoke against the ability of the Denver Police Department to eliminate the signature requirement in the summons process.

02:51 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the savings that will be realized under the bill. Ms. Ackerman responded to questions regarding the benefits of amendment L.001.

02:52 PM

Representative Lontine explained the effect of amendment L.001. Representative Willett exempted himself from the vote based on House Rule 25(j)(6).


BILL:	HB15-1241
TIME:	02:53:16 PM
MOVED:	Court
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Pettersen
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:53 PM

Various committee members provided their positions on the bill.


BILL:	HB15-1241
TIME:	02:55:22 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1241, as amended, to the Committee of the Whole. The motion passed on a vote of 10-2.
SECONDED:	Pettersen
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	No
	Lundeen	No
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Excused
	Lee	Yes
	Kagan	Yes

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:03 PM -- HB15-1303

The committee recessed.

03:09 PM

The committee returned to order. Representative Melton, prime sponsor, presented House Bill 15-1303, concerning eliminating the application of certain sentencing provisions to certain persons who are convicted of assault in the second degree. Committee members received a copy of the statute to be eliminated by the bill (Attachment B). Representative Melton provided background on the disparities in the level of crime associated with assaulting a law enforcement officer as compared to assaulting a citizen, and explained the effect of the bill. Representative Melton responded to questions regarding the penalties available to the judge for assaulting a police officer under the bill. Representative Melton responded to questions regarding why he has decided to concentrate on only one aspect of mandatory sentencing in the bill. Discussion ensued regarding mandatory sentencing, and the statutory construction of the laws to be amended by the ball.

15HouseJud0409AttachB.pdf

03:28 PM

Representative Melton responded to questions regarding how HB 15-1303 helps to rebuild trust in law enforcement, and how the statutory paragraph to be addressed in the bill is different from other paragraphs that outline crimes of assault. Representative Melton reiterated why he is only addressing the mandatory minimum sentence for second degree assault on a police officer under the bill.

03:37 PM

The following persons testified regarding HB 15-1303:

03:37 PM -- Mr. David Kaplan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Kaplan compared second degree assault for causing harm to a police officer with other acts that result in charges of second degree assault, and discussed addressing mandatory minimum sentences in general. Mr. Kaplan responded to questions regarding whether HB 15-1303 represents the proper starting point for mandatory minimum sentence reform, and the reasons for disparities in penalties for assaulting a police officer as compared to assaulting anyone else. Mr. Kaplan responded to further questions regarding the practical effect of harsher thresholds for assault when it comes to police officers

03:51 PM

Discussion ensued regarding the elements of the crime addressed by HB 15-1303. Representative Salazar cited an incident for which a person was charged with second degree assault on a police officer. Mr. Kaplan provided further input.

03:56 PM -- Mr. Jon Hall, representing himself, testified in support of the bill. Mr. Hall discussed an incident during which his son was arrested and charged with second degree assault when an officer sustained a scratch on a finger. Mr. Hall responded to questions regarding the decision process associated with contesting the assault charge.

04:01 PM -- Mr. Beale Tejada, representing himself, testified in support of the bill. Mr. Tejada recounted an incident during which a friend of his was charged with second degree assault on a police officer. Mr. Tejada clarified certain facts of the case.

04:07 PM -- Mr. Nicholas Weissberg, representing himself, testified in support of HB 15-1303. Mr. Weissberg recounted an incident during which he was charged with felonious assault on a police officer that resulted in a scraped knee. Mr. Weissberg responded to questions regarding his decision process when faced with the charges.

04:10 PM -- Ms. Rosemary Lytle, representing the NAACP, testified in support of the bill. Ms. Lytle explained why mandatory minimum sentences do not work, and supported providing judges discretion in sentencing. Ms. Lytle responded to questions regarding the economic impacts of plea bargaining.

04:14 PM -- Ms. Jessica Jones, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Jones addressed earlier testimony. Ms. Jones recounted an incident during which a client she represented was charged with felonious assault. Ms. Jones responded to questions regarding the actions of her client during the incident, and the conduct of the district attorney in the case. Ms. Jones responded to questions regarding the potential for a grudge to exist against the client.

04:23 PM -- Mr. Dakota Randell, representing himself, testified in support of HB 15-1303. Mr. Randell recounted an incident during which he was charged with felonious assault against a police officer. Mr. Randell responded to questions regarding the charges he faced as a result. In response to questions from the committee, Mr. Randell discussed representation in his case and further explained the initial police contact.

04:31 PM -- Ms. Danna Richkun, representing herself, testified in support of the bill. Ms. Richkun discussed her son's experience with police, and stated that a mandatory minimum sentence would have subjected her son to incarceration instead of getting the help he needed. She also discussed the need to protect law enforcement. In response to a question, Ms. Richkun stated that she believes judges should have discretion in sentencing.

04:38 PM -- Ms. Carrie Lynn Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed the types of cases that result in charges of felonious assault against police officers, and the impact of these charges on the defendants and their families. Ms. Thompson responded to questions regarding involvement of first responders other than police officers in cases resulting in charges of second degree assault. Ms. Thompson responded to questions regarding the circumstances of certain cases, and intoxication as a defense element in these types of cases. Ms. Thompson responded to further questions regarding how cases of second degree assault against a police officer differ from other cases involving second degree assault.

04:51 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of HB 15-1303. Ms. Cain discussed her analysis of second degree assault filings in the last two years involving police officers, and explained why the charges should remain the same for these cases but the mandatory sentence should be removed. She explained how the bill will help restore trust between communities and law enforcement. Ms. Cain responded to questions regarding plea bargaining associated with other types of mandatory minimum sentences. Discussion ensued regarding the policy basis behind mandatory minimum sentences.

05:02 PM

Ms. Cain responded to questions regarding a potential review of mandatory minimum sentences for second degree assault involving circumstances other than those addressed by HB 15-1303.

05:05 PM -- Ms. Christie Donner, representing the Criminal Justice Reform Coalition, testified in support of HB 15-1303. Ms. Donner explained that she understands why assault on a police officer is an enhanced crime, and compared the crime with other types of second degree assault. Ms. Donner discussed the disproportionality of the sentence addressed by the bill. Discussion ensued regarding the enhancements associated with the crime addressed by the bill.

05:10 PM -- Mr. Craig Carnahan, representing himself, testified in support of the bill. Mr. Carnahan discussed the injustices of the criminal justice system.

05:14 PM -- Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux discussed opposition to mandatory minimum sentences, and the application of the subject crime to first responders in general.

05:19 PM -- Chief Ray Jennings, representing the Emergency Medical Services Association of Colorado, testified in opposition to the bill. Chief Jennings discussed the elimination of the element of intent by the bill, and the message sent to first responders by the bill. Discussion ensued regarding the penalties that will remain available to the court for second degree assault of a first responder under the bill, and the message sent by the bill. Chief Jennings responded to questions regarding the number of second degree assault cases that have involved emergency medical technicians, and the potential impact of the bill on public safety.

05:33 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill.

05:34 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in opposition to the bill. Ms. Ackerman discussed the need to protect first responders. Discussion ensued regarding the importance of the work of first responders, and the need for measures of protection for them.

05:38 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes provided background on the statute addressed by the bill, and other legislation seeking to provide protections for first responders. Mr. Raynes discussed the need for protections for first responders, and the job of prosecutors in proceeding with second degree assault cases involving first responders. Mr. Raynes responded to questions regarding the sentencing options that would be available to the court if the bill were to pass. Discussion ensued on this point.

05:49 PM

Discussion continued regarding the sentencing range available to the court for second degree assault against a first responder under the bill. Discussion followed regarding sentencing enhancements associated with assaulting a first responder, both currently and under the bill, and how to amend the bill to address the sentencing ranges.

05:55 PM -- Mr. James Robinson, representing the Denver Health Paramedic Division, testified in support of HB 15-1303. Mr. Robinson discussed the risks associated with being an emergency first responder, and objected to the removal of the "crime of violence" designation from second degree assault on a first responder under the bill. Mr. Robinson responded to questions regarding his position on a potential amendment to the bill. Discussion ensued regarding the dangers associated with first responder work, and the impact of mandatory sentencing on certain populations.

06:06 PM -- Mr. Micheal Deedon, representing the Fraternal Order of Police, testified in opposition to the bill. Mr. Deedon discussed the elements of the crime addressed by the bill, and the situations that peace officers face that result in second degree assault charges.

06:09 PM -- Mr. Tony Lombard, representing the Denver Police Protective Association and the Colorado Police Protective Association, testified in opposition to the bill. Mr. Lombard discussed the message sent by the bill, and questioned how the bill will restore community confidence in the police. Discussion ensued regarding community concerns with police conduct, and balancing conduct with officer safety.

06:19 PM

Discussion returned to the message sent by HB 15-1303 to first responders. Representative Carver provided her opinion on the bill in light of other fact patterns constituting second degree assault.

06:26 PM

The committee recessed.

06:28 PM

The committee returned to order. Representative Kagan explained the effect of prepared amendment L.002 (Attachment C), and explained why the amendment does not create a mandatory minimum sentence. Discussion ensued regarding the merits of the amendment, and the potential for further working on amendments to the bill.

15HouseJud0409AttachC.pdf


BILL:	HB15-1303
TIME:	06:29:45 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.002 (Attachment C). The motion was withdrawn.
SECONDED:	Lee
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

06:39 PM

The bill was laid over for action only.

06:40 PM -- HB15-1305

Representatives Foote and Willett, prime sponsors, presented House Bill 15-1305, concerning a prohibition on manufacturing marijuana concentrate in an unregulated environment using an inherently hazardous substance. Representative Foote introduced a video on the issue addressed by the bill. Representative Foote discussed the dangers associated with home marijuana concentrate production, and cited some statistics concerning emergencies caused by such production. Representative Foote explained the effect of the bill. Representative Willett discussed some cases of dangerous emergencies associated with marijuana concentrate production, and noted some research conducted on the bill. Discussion ensued regarding a provision in the bill prohibiting the knowing allowance of someone to illegally produce marijuana concentrate on his or her property, and the mens rea element of this crime.

07:00 PM

The following persons testified regarding House Bill 15-1305:

07:01 PM -- Sergeant Pat Long, representing the Thornton Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill. Sgt. Long cited statistics about trends in marijuana concentrate explosions, and explained the need to be proactive on the issue. Discussion ensued regarding the legality of manufacturing marijuana concentrate in Colorado.

07:05 PM -- Mr. Lewis Koski, representing the Marijuana Enforcement Division within the Department of Revenue, testified in support of the bill. Mr. Koski discussed the need for safety in the marijuana concentrate manufacturing process, and the process undertaken to create a regulatory framework for marijuana legalization. Mr. Koski discussed the regulations that govern the manufacturing of marijuana concentrate. Mr. Koski responded to questions regarding the potential for creating a "whistleblower protection" for property owners who suspect marijuana concentrate is being manufactured on their property, and the amount of butane required to manufacture concentrate. Mr. Koski responded to questions regarding the inspection of legal marijuana concentrate manufacturers.

07:16 PM -- Chief Marc Vasquez, representing the Erie Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Vasquez discussed the dangers associated with home marijuana concentrate production, and the effect of the bill. Chief Vasquez discussed the source of marijuana concentrate-related explosions.

07:20 PM -- Captain Siegfried Klein, representing the City of Aurora and the Colorado Association of Chiefs of Police, testified in support of the bill. Captain Klein compared the dangers of home hash oil production to other dangers, and explained the source of the danger. Captain Klein responded to questions regarding his investigations of home hash oil explosion sites, and the types of injuries that result from these explosions.

07:28 PM -- Mr. Jerry Means, representing the Colorado Bureau of Investigation, testified in support of the bill. Mr. Means described the results of hash oil explosions.

07:31 PM -- Sergeant Scott Pendleton, representing the Aurora Police Department, testified in support of the bill. Sgt. Pendleton responded to questions regarding the provision in the bill that prohibits a property owner from knowingly allowing the manufacture of marijuana concentrate on his or her property. Discussion ensued regarding other crimes based on mandatory reporting. Sgt. Pendleton discussed the circumstances under which possessing marijuana concentrate is illegal. Sgt. Pendleton responded to questions regarding the use of alcohol as an accelerant for hash oil production.

07:39 PM -- Mr. Larry Pederson, representing himself, testified in support of the bill. Mr. Pederson discussed the dangers associated with the butane extraction process.

07:45 PM -- Chief David Pickett, representing the Colorado Association of Chiefs of Police and the Wheat Ridge Police Department, testified in support of the bill. Committee members received a packet of photographs of a home hash oil fire incident (Attachment D). Chief Pickett discussed a hash oil explosion in the Applewood area. Chief Pickett responded to questions regarding trends in hash oil production since the legalization of marijuana.

15HouseJud0409AttachD.pdf

07:52 PM -- Mr. James Clark, representing himself and caregivers, testified in support of the bill. Mr. Clark discussed the dangers of hash oil production, and explained how closed-loop hash oil extraction systems can be used safely. Mr. Clark questioned his ability to manufacture hash oil under the bill. Mr. Clark discussed the benefits of banning enriched butane for extraction purposes, and explained how the bill could be improved. He responded to questions regarding the potential for regulating caregivers to allow them to produce the oil, and how the bill would apply to his particular situation. Discussion ensued regarding licensure of marijuana producers under state law, and the ability of caregivers to acquire licensure to satisfy the elements of HB 15-1305.

08:03 PM

Discussion ensued regarding the credential requirements for caregivers. Mr. Clark responded to questions regarding the number of patients to which he attends, and the amount of product he is allowed to manufacture and vend to his patients.

08:08 PM -- Ms. Marion Barnham, representing herself, testified in support of the bill. Ms. Barnham discussed the medical benefits of extracted cannabis products, and explained that these products can be manufactured safely. She discussed the potential benefit of the bill in the area of curtailing explosions.

08:11 PM -- Mr. Tom Mullen, representing himself, testified in support of HB 15-1305. Mr. Mullen discussed the potential health dangers of poorly manufactured marijuana concentrate.

08:13 PM -- Ms. Belita Nelson, representing herself, testified in support of the bill. She read a statement from the fire chief of the Western Fremont Fire Protection District.

08:16 PM -- Mr. Joseph Cantalini and Ms. Jamie Lewis, representing the Cannabis Business Alliance, testified in support of the bill. Ms. Lewis discussed the marijuana concentrate extraction process, and the regulatory framework by which businesses must abide in extracting marijuana concentrate. Mr. Cantalini discussed the permitting process for creating a legal marijuana concentrate extraction system, and the hardware needed for safe extraction.

08:21 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman explained why certain marijuana concentrate systems are not safe in unregulated environments. Representative Foote noted some organizations that support HB 15-1305.

08:22 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council and the Drug Policy Alliance, testified in opposition to the bill. Mr. Warf explained that marijuana concentrate extraction has been going on for decades. Mr. Warf expressed concerns about creating additional felonies under the bill, and suggested an amendment to allow outdoor marijuana concentrate extraction. Mr. Warf questioned how the bill could be enforced, and suggested that the State Constitution allows for concentrate extraction. Mr. Warf reiterated his concerns about the bill. Discussion ensued regarding the number of explosions associated with hash oil extraction, and the dangers of extraction.

08:31 PM -- Mr. Robert Chase, representing the Colorado Coalition for Patients and Caregivers, testified in opposition to the bill. Mr. Chase disputed the provided evidence about hash oil explosions, and the notion that the crimes created by the bill will curtail the home use of butane for extraction. Mr. Chase discussed the State Constitution's treatment of the marijuana concentrate extraction process, and explained why this and other legislation is unconstitutional.

08:37 PM -- Ms. Janet Sweeney, representing Phoenix Tears, testified in opposition to the bill. Ms. Sweeney explained the negative impacts of the bill on patients, and discussed safe methods of marijuana concentrate extraction. She explained that lower grade extraction will result from the bill, the product of which is less effective for patient use. Ms. Sweeney responded to questions regarding the outdoor production of marijuana concentrate, and the potential for amending the bill to allow outdoor extraction.

08:42 PM -- Ms. Jessica LeRoux, representing herself, testified in opposition to the bill. Ms. LeRoux spoke in opposition to creating a felony for only those caught manufacturing hash oil extract, and disputed the overall dangers of extracting hash oil. Ms. LeRoux questioned the deterrent effect of the bill, and discussed the projection of profits by making it illegal to extract hash oil outside of the industry.

08:46 PM -- Mr. David Hamill, representing The Grow School, testified in opposition to HB 15-1305. Mr. Hamill expressed concerns about the penalties in the bill, and spoke against indoor home manufacturing of hash oil. Mr. Hamill responded to questions regarding certain constitutional and legal provisions concerning the production of marijuana concentrate, and the potential for providing certain exemptions for production associated with medical marijuana. Representative Foote explained why the bill would pass constitutional muster.

08:55 PM


BILL:	HB15-1305
TIME:	08:56:33 PM
MOVED:	Foote
MOTION:	Adopt amendment L.001 (Attachment E). The motion passed without objection. 15HouseJud0409AttachE.pdf
SECONDED:	Lee
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

08:57 PM

Discussion ensued regarding the impact of HB 15-1305 on medical marijuana patients, and the tetrahydrocannabinol concentrations of various methods of marijuana concentrate extraction. Discussion followed regarding a constitutional provision that prohibits the use of medical marijuana products in a manner that endangers the public. Representatives Foote and Willett provided closing remarks in support of the bill. Discussion ensued regarding the difference between processing and manufacturing marijuana projects according to law.


BILL:	HB15-1305
TIME:	09:05:25 PM
MOVED:	Foote
MOTION:	Refer House Bill 15-1305, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	Willett
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:12 PM -- HB15-1267

Representative Salazar, prime sponsor, presented House Bill 15-1267, concerning conditions of probation relating to medical marijuana. Representative Salazar explained that amendment L.001 (Attachment F) may change the positions of certain parties. Committee members also received copies of a letter in support of the bill (Attachment G). Representative Salazar provided background on the genesis of the bill, and explained the effect of the bill as amended. Representative Salazar clarified the positions of three organizations on the bill, and the potential for courts to intervene in a case pertaining to the use of medical marijuana while the person is on probation. Discussion ensued regarding the number of doctors issuing medical marijuana cards when medical marijuana was first made legal in Colorado. Representative Salazar responded to questions regarding who will make medical marijuana assessments for persons on probation under the bill, and the ability of medical marijuana patients on probation to obtain employment.

15HouseJud0409AttachF.pdf

15HouseJud0409AttachG.pdf

09:26 PM

The following persons testified regarding HB 15-1267:

09:26 PM -- Ms. Chrissy Smiley, representing herself, testified in support of the bill. Ms. Smiley discussed her use of medical marijuana to help cope with an injury she incurred while on probation. Ms. Smiley responded to questions regarding her probationary status.

09:32 PM -- Mr. Tom Mullen, representing Laura Southern, testified in support of the bill. Mr. Mullen discussed the situation that led to Ms. Southern's use of medical marijuana while on probation.

09:36 PM -- Mr. Stephen Douglas, representing himself, testified in support of the bill. Mr. Douglas discussed a motorcycle accident that resulted in him using medical marijuana on probation, and the impact the prohibition against the use of medical marijuana while on probation has had on his life. Representative Salazar explained how Mr. Douglas' situation led him to introduce HB 15-1267.

09:42 PM -- Ms. Kristi Douglas, representing herself, testified in support of the bill. Ms. Douglas discussed her son's situation, and the effect that prescribed drugs had on him. She explained how the use of medical marijuana resolved these issues, and stated that medical marijuana is medicine. Ms. Douglas responded to questions regarding how her son administers his medical marijuana.

09:48 PM -- Ms. Britta Severyn, representing herself, testified in support of the bill. Ms. Severyn explained how the interruption of her husband's, Mr. Douglas, use of medical marijuana due to his probationary status changed his life for the worse.

09:50 PM -- Ms. Teri Robnett, representing Cannabis Patients, testified in support of the bill. Ms. Robnett explained how medical marijuana alleviates her fibromyalgia symptoms while other drugs do not. Ms. Robnett explained how medical marijuana has helped users to avoid using more dangerous pharmaceuticals. Ms. Robnett responded to questions regarding the ability of doctors to prescribe cannabinoids, and the various types of cannabis-related substances. Discussion ensued regarding the effect of certain of these substances on the body.

09:58 PM -- Mr. Brian Vicente, representing Sensible Colorado, testified in support of the bill. Mr. Vicente discussed the widespread occurrence of the denial of the use of medical marijuana for persons on probation.

10:01 PM -- Mr. Sean Coleman, representing 36 Solutions, testified in support of the bill. Mr. Coleman discussed the ease with which a person might be placed on probation, and the importance of medical marijuana to patients.

10:03 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council and the Drug Policy Alliance, testified in support of the bill. Mr. Warf addressed certain concerns expressed previously. He also addressed the discussion about the disparate effects of certain cannabinoid products.

10:06 PM -- Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux discussed a situation where a friend used cannabis to address alcohol addiction, committed a drunk driving offense, and was disallowed having medical marijuana in his house. She explained that his descent into alcoholism has returned.

10:11 PM -- Mr. David Hamill, representing himself, testified in support of the bill. Mr. Hamill discussed his use of medical marijuana, and explained the terms of certain probation. Mr. Hamill discussed the use of marijuana for medical purposes as compared to marinol, and explained that using medical marijuana has allowed him to avoid prescribed opiates.

10:16 PM


BILL:	HB15-1267
TIME:	10:16:44 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:17 PM


BILL:	HB15-1267
TIME:	10:17:29 PM
MOVED:	Salazar
MOTION:	Refer House Bill 15-1267, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:19 PM

The committee adjourned.