Date: 04/09/2015

Final
BILL SUMMARY for HB15-1305

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment E). The motion p
Refer House Bill 15-1305, as amended, to the Commi		Pass Without Objection
PASS



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.pdf15HouseJud0409AttachD.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.pdf15HouseJud0409AttachE.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