Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:04/27/2015
ATTENDANCE
Time:01:34 AM to 05:20 PM
Arndt
X
Becker J.
X
Place:HCR 0107
Buck
X
Coram
X
This Meeting was called to order by
Danielson
X
Representative Vigil
Dore
X
Ginal
X
This Report was prepared by
Lebsock
X
Meghan O'Connor
Mitsch Bush
X
Saine
*
Sias
X
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-014
SB15-206
HB15-1006
SB15-226
SB15-196		Amended, Referred to Appropriations
Referred to Finance
Laid Over
Referred to Finance
Referred to Appropriations


01:35 PM -- SB 15-014

Representative Singer, sponsor, presented Senate Bill 15-014, concerning marijuana issues that are not regulated by the Department of Revenue. The reengrossed version of the bill requires the State Board of Medicine, in consultation with the Colorado Department of Public Health and Environment (CDHPE) and physicians specializing in medical marijuana, to adopt rules establishing guidelines for physicians prescribing medical marijuana to patients with severe pain. The bill requires CDPHE to promulgate guidelines for primary caregivers to give informed consent to patients that the products they cultivate or produce may contain contaminants and that the THC levels are not verified and convene a group of interested parties including representatives from DOR, primary caregivers, patients, marijuana testing laboratory licensees, and any other interested persons to explore laboratory testing options for medical marijuana products not already regulated and tested.

The bill also addresses issues related to medical marijuana primary caregivers and permits a parent primary caregiver to use the services of an assistant for advisement, cultivation, or transportation. The bill establishes that a "significant responsibility for managing the well-being of a patient" includes cultivating or transporting marijuana and the act of advising a patient on which medical marijuana products to use and the dosage to use. The bill requires caregivers to register with DOR and to provide DOR with the location of the operation, the registration identification number of the patient, and the number of plants that the caregiver is authorized to cultivate. The bill encourages all patients cultivating more than six medical marijuana plants for their own medical use to register with DOR.





As a provision of the bill, a cultivating primary caregiver may only cultivate plants at the registered cultivation location and may cultivate, transport, or possess no more than 36 plants unless the primary caregiver has one or more patients who, based on medical necessity, have an extended plant count. Both patients and caregivers are prohibited from cultivating more than 99 plants unless properly authorized by law as a marijuana cultivation business permitted to cultivate more than 99 plants. Caregivers are not restricted from cultivating up to six plants for personal use at the registered cultivation location if that location is also the caregiver's residence. A transporting caregiver is required to have on his or her person a receipt from the medical marijuana center or primary caregiver when transporting medical marijuana that shows the quantity of medical marijuana purchased by or provided to the transporting caregiver, and a copy of the patient's physician certification showing the amount permitted for the patient.

The bill allows DOR to verify patient registration numbers and extended plant count numbers with CDPHE to confirm that a patient does not have more than one primary caregiver, or does not have both a designated caregiver and medical marijuana center, cultivating medical marijuana on his or her behalf at any given time. DOR is permitted to share only the minimum necessary information to verify that a patient has only one entity cultivating medical marijuana on his or her behalf at any given time. The bill permits a peace officer to report a primary caregiver who lacks proper registration documentation to DOR or to take appropriate law enforcement action. The person may be subject to any chargeable criminal offenses.

The bill provides that the information in the caregiver database is confidential, and unauthorized release of that information is a class 1 misdemeanor. DOR is permitted to verify the location of extended plant counts for primary caregiver cultivation operations and homebound patient registration for transporting caregivers to a local government or law enforcement agency upon receiving a request for verification. The Colorado Bureau of Investigations (CBI) will provided access to the database through the Colorado crime information center.

Other provisions of the bill include clarification that the changes to the law does not reduce or eliminate the existing power of a statutory municipality or county to regulate the growing of marijuana, commercially or otherwise; the establishment of a sunset date and review by the Department of Regulatory Agencies; and funding for the implementation of the new provisions to be dispersed from the Marijuana Tax Cash Fund.

Representative Singer mentioned that he plans on offering an amendment to the bill and explained how that amendment would change the bill.

The following persons testified on the bill:

01:45 PM -- Stacey Linn, representing herself, spoke about her experience as the mother of a child who is a medical marijuana patient. She spoke about her role as his primary caregiver. She discussed the limited access he has to his medication while at school.

01:52 PM -- Megan Mahone, representing herself and Jack Linn, described the medical condition of Jack Linn, a child in her care, and how he benefits from the use of medical marijuana.

01:57 PM -- Chief Marco Vasquez, Colorado Association of Chiefs of Police, spoke in support of the bill and discussed the challenges that law enforcement officials face when investigating individuals who are growing marijuana but who are not actual caregivers or licensed growers.

02:03 PM

Representative SInger responded to questions from the committee regarding the age of a primary caregiver.

02:05 PM -- Janet Benson Jones spoke in support of the bill.




02:11 PM

The committee took a brief recess.

02:13 PM

The committee came back to order.

02:14 PM -- Wendy Lamm, representing herself and her son Evan, spoke in support of the bill and described how her son benefits from the use of medical marijuana.

02:17 PM -- Wendy Turner, representing herself, spoke in support of the bill.

02:18 PM -- Colton Turner, representing himself, spoke in support of the bill.

02:19 PM -- Sierra Riddle, representing herself and her son, Landon, spoke in support of the bill. Ms. Riddle described the ailments of her son and how he benefits from the use of medial marijuana.

02:22 PM -- Brooke Williams, representing herself, spoke in support of the bill.

02:24 PM -- Amber Lawrence, representing herself, spoke in support of the bill.

02:26 PM -- Mark McElwain, representing himself, spoke in support of the bill.

02:28 PM -- Presence Mercier, representing herself, spoke in opposition to the bill. Ms. Mercier responded to questions from the committee regarding the amount of marijuana plants allowed by caregivers.

02:38 PM -- Brent Kaufman, representing himself, spoke about his experiences as a caregiver. He told the committee about how he helps patients.

02:43 PM

Representative Singer clarified the background of the bill and the role that caregivers play in assisting patients who depend on medical marijuana. Representative Singer responded to questions from the committee regarding the limit of the growth of medical marijuana plants by patients and caregivers.

02:55 PM

Mr. Kaufman addressed previous comments from the committee. And Representative Singer responded to questions regarding the bill.

02:57 PM -- Timothy Tipton, Phoenix Tears Foundation and Rocky Mountain Caregivers Cooperative, spoke in opposition to the bill and expressed his concerns about the bill.

03:03 PM -- Jason Warf, Colorado Cannabis Council, spoke in opposition of the bill and explained that he would support the bill with the proposed amendment referenced by Representative Singer.

03:08 PM -- Jessica LeRoux, representing herself, spoke in opposition to the bill and expressed her concern about the amendment referenced by Representative Singer.






03:14 PM

Representative Singer responded to questions from the committee regarding the limitation of medical marijuana plants for caregivers and how it would affect rural communities. Ms. LeRoux also responded to questions from the committee regarding the plant count for caregivers.

03:21 PM -- Terri Robnett, Cannabis Patients Alliance, spoke in support of the bill. Ms. Robnett explained that she has concerns about the bill, but she still supports the legislation.

03:28 PM -- Larisa Bolivar, Cannabis Caregiver's Alliance, explained that she still has concerns about the bill and expressed support for the proposed amendment.

03:34 PM -- Robert Chase, Colorado Coalition for Patients and Caregivers, spoke in opposition to the bill. He stated that there is no need for the bill. He asserted that the bill was unconstitutional.

03:41 PM -- Karin McGowan, CDPHE, spoke in support of the bill. She stated that in accordance with the Colorado constitution only parents can be caregivers for children. She explained that the bill will allow other caregivers to assist parents with procuring or growing marijuana for the child. She explained that the provision of the bill requiring that the Colorado Medical Board implement prescribing guidelines is in response to the 2013 Performance Audit of the Medical Marijuana Regulatory System Part II. She also discussed the court case in which it was determined that a caregiver must provide more than just marijuana. Ms. McGowan responded to questions from the committee regarding the amount of plants a caregiver may grow and the level of consensus among stakeholders during the development of the bill.

03:53 PM -- Brandon Laniz, representing himself, gave his comments on the bill.

03:53 PM -- Ron Kammerzell, DOR, Marijuana Enforcement Division, spoke in support of the bill and responded to questions from the committee.

03:57 PM -- Greg Duran, CPA, spoke in support of the bill.

04:00 PM -- Eric Bergman, Colorado Counties Inc. (CCI), spoke in support of the bill and distributed a statement from CCI (Attachment A).

150427 AttachA.pdf150427 AttachA.pdf

04:02 PM -- Jeff Ayote, Southern Colorado Growers Association, spoke in support of the bill.


04:04 PM

The testimony phase was closed.
BILL:SB15-014
TIME: 04:05:11 PM
MOVED:Dore
MOTION:Adopt amendment L.009. (Attachment B) The motion passed without objection.
SECONDED:Saine
VOTE
Arndt
Becker J.
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Sias
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

150427 AttachB.pdf150427 AttachB.pdf


BILL:SB15-014
TIME: 04:05:32 PM
MOVED:Dore
MOTION:Adopt amendment L.011 (Attachment C). The motion passed without objection.
SECONDED:Becker K.
VOTE
Arndt
Becker J.
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Sias
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

150427 AttachC.pdf150427 AttachC.pdf


BILL:SB15-014
TIME: 04:06:23 PM
MOVED:Dore
MOTION:Adopt amendment L.012 (Attachment D). The motion passed without objection.
SECONDED:Becker K.
VOTE
Arndt
Becker J.
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Sias
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

150427 AttachD.pdf150427 AttachD.pdf


04:09 PM

Rep Ginal moved to call Amendment L.012 "Jack's Amendment." The chair, noting no objection, ruled the motion in order and deemed Amendment L.012 "Jack's Amendment."
BILL:SB15-014
TIME: 04:09:30 PM
MOVED:Becker K.
MOTION:Refer Senate Bill 15-014, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Saine
VOTE
Arndt
Yes
Becker J.
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Sias
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:13 PM

The committee recessed.


04:18 PM -- SB 15-206

The committee came back to order. Representative Garnett and Representative Keyser presented Senate Bill 15-206, concerning phased conservation easement donations for conservation easements donated on or after January 1, 2015. The bill makes two changes to the gross conservation easement income tax credit beginning in tax year 2015. Letters from the Whinnery Ranch (Attachment E) and the Colorado Agricultural Land Trust (Attachment F) were distributed to the committee. There was no testimony taken on the bill.

150427 AttachE.pdf150427 AttachE.pdf150427 AttachF.pdf150427 AttachF.pdf
BILL:SB15-206
TIME: 04:20:22 PM
MOVED:Saine
MOTION:Refer Senate Bill 15-206 to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED:Arndt
VOTE
Arndt
Yes
Becker J.
Yes
Buck
Yes
Coram
Excused
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Excused
Mitsch Bush
Yes
Saine
Yes
Sias
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:22 PM -- HB 15-1006

Representative Vigil laid over House Bill 15-1006 until Wednesday, April 29, 2015.



04:23 PM -- SB 15-226

Representative Vigil, sponsor, presented Senate Bill 15-226, concerning the education requirements necessary to qualify for a license to take wildlife. Under current law, people born after January 1, 1949, must have a hunter education certificate in order to be licensed to hunt. To be issued a certificate, a person must complete a ten-hour hunter education course. This bill allows the Parks and Wildlife Commission in the Department of Natural Resources (DNR) to establish in rule alternative requirements for obtaining a certificate of hunter education. The commission is required to promulgate a rule allowing honorably discharged veterans and active-duty military personnel to obtain a hunter education certificate by passing a test-out option developed by the commission in lieu of the ten-hour hunter education course. The bill also allows the Division of Parks and Wildlife (division) to issue an apprentice certificate of hunter education course to a person who is at least ten years of age; is being taught by a mentor who is 18 years of age or older and holds a valid education certificate or was born before January 1, 1949; and complies with requirements established by the commission in rule.

04:28 PM -- Bob Broscheid and Gaspar Perricone, Department of Natural Resources (DNR), spoke in support of the bill.
BILL:SB15-226
TIME: 04:29:40 PM
MOVED:Vigil
MOTION:Refer Senate Bill 15-226 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:Buck
VOTE
Arndt
Yes
Becker J.
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Excused
Mitsch Bush
Yes
Saine
Yes
Sias
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

The committee took a brief recess.



04:33 PM -- SB 15-196

The committee came back to order. Representative Saine, co-sponsor, presented Senate Bill 15-196, concerning measures to ensure industrial hemp remains below a delta-9 THC concentration of no more than .3 of one percent on a dry weight basis. The reengrossed bill expands the Industrial Hemp Committee from 9 to 11 members by including a representative of the cannabinoid industry and a representative of the certified seed growers industry. The Colorado Department of Agriculture (CDA) is required to administer an industrial hemp certified seed program to identify seeds program to identify seeds that produce industrial hemp. The CDA may import seeds to develop the certified seed program in accordance with state and federal laws. If an industrial hemp registrant wants a licensed retail marijuana testing facility to perform testing on the registrant's industrial hemp, the registrant is required to use a radio frequency identification-based inventory tracking system approved by the CDA commissioner to test a sample of the crop. The inventory tracking system must be compatible with the Department of Revenue's seed-to-sale- tracking system. The testing facility must provide the test results to the registrant and the commissioner. The results are considered confidential business information.

04:35 PM -- Megan Dubray, Redd Taylor LLC, spoke in support of the bill and responded to questions from the committee.

04:40 PM -- Clare Pramuk, Legislative Council Staff, came to the table to respond to questions from the committee regarding the bill's fiscal note.

04:42 PM -- Ron Kammerzell, Department of Revenue, came to the table to respond to committee questions regarding the bill.

04:45 PM -- Samantha Walsh, Rocky Mountain Hemp Association, spoke in support of the bill and responded to questions from the committee.

04:48 PM -- William Billings, Colorado Hemp Project, spoke in support of the bill and explained how hemp production benefits the agricultural community. Mr. Billings also responded to questions from the committee regarding water use in hemp production and the hemp industry.

05:01 PM -- Jamie Lyn Tanner, representing herself, spoke in support of the bill.

05:07 PM -- Duane Sinning, Colorado Department of Agriculture, responded to questions from the committee regarding the expansion of the Industrial Hemp Committee and the difference between Senate Bill 15-196 and House Bill 15-1325. Mr. Sinnings also answered explained how the industrial hemp certified seed program would operate.


05:16 PM

The testimony phase was closed and Representative Lebsock and Representative Saine concluded their comments on the bill.
BILL:SB15-196
TIME: 05:19:26 PM
MOVED:Lebsock
MOTION:Refer Senate Bill 15-196 to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Saine
VOTE
Arndt
Yes
Becker J.
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Sias
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:20 PM

The committee adjourned.