House Committee on Judiciary (03/01/2011)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/01/2011	ATTENDANCE

Time:	01:10 PM to 05:58 PM	DelGrosso	X
		Duran	X
Place:	SupCt	Kagan	X
		Lee	X
This Meeting was called to order by		Levy	X
	Representative Gardner B.	Nikkel	X
		Ryden	X
This Report was prepared by		Sonnenberg	X
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB11-1250		Witness Testimony and/or Committee Discussion Only

01:10 PM -- House Bill 11-1250

Representative B. Gardner made opening remarks about the process of the hearing. He announced that the committee would not take action on the bill, but lay it over until a date to be determined later.

01:14 PM

Representative Acree, prime sponsor, presented House Bill 11-1250 concerning a prohibition on ingestible medical marijuana-infused products. The bill prohibits the manufacture and sale of medical marijuana-infused food and beverage products. She announced that she would be presenting a number of amendments so the bill will address advertising and labeling of medical marijuana-infused food and beverage products rather than banning them entirely. She responded to questions and distributed prepared amendments L.003 and L.004 (Attachments A and B, respectively).

01:27 PM -- Matt Cook, Colorado Department of Revenue, testified about the bill. Mr. Cook discussed amendment L.003 and stated that the department generally finds it difficult to deal with marketing and advertising issues due to first amendment concerns. He responded to questions from the committee. Mr. Cook stated support for amendment L.004 concerning labeling and packaging.

01:37 PM -- Sgt. Jim Gerhardt, representing the Colorado Drug Investigators' Association and the Colorado Association of Chiefs of Police, testified in support of the bill. Sgt. Gerhardt distributed a letter of support for the bill (Attachment C). The letter addresses cases involving children who have ingested medical marijuana-infused food and beverage products. He showed the committees examples of such products, including brownies and lollipops. He discussed the difficulties faced by law enforcement officials in determining the quantity of marijuana in any given ingestible product. Sgt. Gerhardt responded to questions from the committee.

01:52 PM -- Detective Steve Schultz, Colorado Fraternal Order of Police, testified in support of the bill. Detective Schultz discussed instances of children who have ingested medical marijuana-infused products. He distributed a packet of information to the committee, but copies were not available for the official record. Detective Schultz responded to questions from the committee.

01:58 PM -- Tom Raynes, Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes discussed the difference between the packaging of prescription drugs and that of medical marijuana-infused products. He responded to questions from the committee.

02:07 PM -- Sheriff Doug Darr, County Sheriffs of Colorado, testified in support of the bill. Sheriff Darr discussed the ingestion of medical marijuana-infused products by children. He stressed that the sheriffs support Amendment 20 to the Colorado Constitution.

02:12 PM -- Geoff Blue, Colorado Attorney General's Office, testified about the bill. Mr. Blue stated that the Attorney General is neutral on the bill. He discussed the consitutionality of the introduced bill. He responded to questions from the committee.

02:20 PM -- Greg Goldfogel, Medical Marijuana Industry Group, testified in support of the bill, with amendments. Mr. Goldfogel commented that no one is in favor of marketing medical marijuana products to children. He stated his position that he is not in favor of medical marijuana being given to children or non-patients. Additionally, he opposes medical marijuana being taken outside the state of Colorado. Mr. Goldfogel responded to questions from the committee.

02:38 PM -- Danyel Joffe, representing herself, testified about the bill, as drafted. Ms. Joffe discussed the safety of medical marijuana-infused products. She expressed concerns about where to set the line concerning labeling and packaging of such products. She responded to questions from the committee.

02:53 PM -- Jerry Olson, Medical Marijuana of the Rockies, testified in opposition to the bill. Mr. Olson discussed his experience as a medical marijuana patient.

02:58 PM -- Anna Tankersley, The Candy Girls, testified in opposition to the bill. Ms. Tankersley stated that her children do not have access to medical marijuana-infused products. She responded to questions from the committee.

03:02 PM -- Ty Link, Vision of Love Baking, testified in opposition to the bill. Ms. Link distributed a newspaper called Holistic Health Guide (Attachment D).

03:05 PM -- Jessica LeRoux, Twirling Hippy, testified in opposition to the bill, as drafted. Ms. LeRoux discussed packaging and marketing of medical marijuana-infused products. She responded to questions from the committee.

03:15 PM -- Reverend Brandon Baker, Green Faith, testified in opposition to the bill, as drafted. Reverend Baker discussed child-proof packaging of medication.

03:17 PM -- Gail Hill, Broadway Wellness, testified in opposition to the bill, as drafted. Ms. Hill spoke about patients who cannot smoke marijuana.

03:18 PM -- Jennifer Smith, The Candy Girls, testified in opposition to the bill, as drafted. Ms. Smith spoke about patients who prefer to ingest marijuana rather than smoke it.

03:21 PM -- Mark Rose, representing himself, testified in opposition to the bill, as drafted. Mr. Rose discussed marketing and packaging of medical marijuana-infused products. He responded to questions from the committee.

03:29 PM -- Heather Pellouchoud, representing herself, testified in opposition to the bill, as drafted. Ms. Pellouchoud discussed marketing and packaging of medical marijuana-infused products.

03:30 PM -- Corey Donahue, representing himself, testified in opposition to the bill, as drafted. Mr. Donahue discussed the labeling of medical marijuana-infused products and research on the subject of cannabis.

03:33 PM -- Julie Dooley, Julie and Kate Baked Goods, testified in opposition to the bill, as drafted. Ms. Dooley spoke about her experience as a manufacturer of edible medical marijuana products.

03:36 PM -- Brent Beckman, The Candy Girls, testified in opposition to the bill, as drafted. Mr. Beckman discussed the labeling of medical marijuana-infused products.

03:37 PM -- Shan Moore, representing his son, testified in opposition to the bill, as drafted. Mr. Moore spoke about his son, who is a medical marijuana patient. He responded to questions from the committee.

03:40 PM -- Audrey Hatfield, Coloradans 4 Cannabis Patient Rights, testified in opposition to the bill, as drafted. Ms. Hatfield stated that there are no documented cases of individuals dying from ingesting cannabis.

03:44 PM -- Alan Trenary, representing himself, testified in opposition to the bill, as drafted.

03:46 PM -- Greg Henika, representing himself, testified in opposition to the bill, as drafted.

03:50 PM -- Liz Johnson, Denver Relief, testified in opposition to the bill, as drafted. Ms. Johnson discussed the marketing and packaging of medical marijuana-infused products.

03:53 PM -- Ean Seeb, representing Act 4 Colorado and Denver Relief, testified in opposition to the bill, as drafted. Mr. Seeb stated that not all patients have the skills to infuse their own products. He also discussed labeling of products. He responded to questions from the committee. Mr. Seeb shared further remarks concerning labeling for products containing cannabis.

04:09 PM -- Tom Sterlacci, representing Doctor J's, testified regarding the bill. He specifically addressed the language of the proposed amendments. He discussed labeling standards for infused products, stating that companies such as his have adopted standards on their own accord. He spoke about steps that parents could take to ensure that cannabis products are not found by children. Mr. Sterlacci responded to questions from the committee.

04:21 PM -- Rebecca Hale, representing herself, testified in opposition to the bill, as drafted. Ms. Hale discussed labeling of products.

04:24 PM -- Kathleen Chippi, Patient and Caregiver Rights Litigation Project, testified in opposition to the bill, as drafted. Ms. Chippi discussed accurate labeling of products.

04:27 PM -- Laura Kriho, representing herself, testified in opposition to the bill, as drafted.

04:29 PM -- Rick Herrman, representing himself, testified in opposition to the bill, as drafted. Mr. Herrman discussed the marketing of products to children.

04:31 PM -- William Chengelis, United States Marijuana Party of Colorado, testified in opposition to the bill, as drafted. Mr. Chengelis passed around a picture of him holding a medical marijuana-infused edible product. He spoke about labeling.

04:34 PM -- Nancy Blose, representing herself, testified in opposition to the bill, as drafted. Ms. Blose discussed her experience as a medical marijuana patient.

04:36 PM -- Mike Stetler, Marisol Therapeutics, testified in opposition to the bill.

04:38 PM -- Nicholas Smith, Heavenly Chocolate Company, testified in opposition to the bill. Mr. Smith spoke about labeling of medical marijuana-infused edible products.

04:41 PM -- Kathryn Baratta, representing herself, testified in opposition to the bill. Ms. Baratta spoke about the responsibility of parents to keep medication away from children.

04:43 PM -- Louis Irwin, Democratic Party of Denver, testified in opposition to the bill, as drafted.

04:45 PM -- Nicholas King, representing Act 4 Colorado and the Association of Cannabis Trades for Colorado, testified in opposition to the bill, as drafted. Mr. King spoke about the medical marijuana industry and the marketing of products. He responded to questions from the committee.

04:51 PM -- Catjia Redfern, Catnips, testified in opposition to the bill, as drafted. Ms. Redfern discussed safety standards and education.

04:54 PM -- Susan Squibb, representing herself, testified in opposition to the bill.

04:56 PM -- Timothy Tipton, Phoenix Tears Foundation, testified in support of the bill with the amendments.

04:58 PM -- Judy Apodaca, Phoenix Tears Foundation, testified about the bill.

05:00 PM -- Deanna Gabriel, representing herself, testified in opposition to the bill, as drafted. Ms. Gabriel urged the committee to create medical marijuana legislation mindfully.

05:01 PM -- Christie Lunsford, Association of Cannabis Trades for Colorado, testified in opposition to the bill, as drafted.

05:02 PM -- Manda Pendleton, representing herself, testified in opposition to the bill, as drafted.

05:04 PM -- Virginia Foster, representing herself, testified in opposition to the bill, as drafted.

05:07 PM -- Jeff Meschke, representing himself, testified in opposition to the bill, as drafted. Mr. Meschke discussed the testing of his medical marijuana products.

05:10 PM -- Mark McGee, representing himself, testified in opposition to the bill, as drafted.

05:11 PM -- Robert Chase, Colorado Coalition of Patients and Caregivers, testified about the bill. Mr. Chase stated his opinion that there is no problem with children and medical cannabis. He discussed medications that are packaged in a way that is attractive to children.

05:14 PM -- Gemma Star, Pleasure Cafe, testified about the bill.

05:17 PM -- Warren Edson, representing himself, testified about the bill. Mr. Edson discussed the language of the bill and the amendments.

05:20 PM -- Clarke Young, representing himself, testified about the bill.

05:22 PM -- Mark Slaugh, Colorado Springs Medical Cannabis Council, testified in opposition to the bill, as drafted.

05:25 PM -- CeAnne Burnett, representing herself, testified in opposition to the bill, as drafted. Ms. Burnett spoke about labeling of products. She expressed concerns about not having a chance to see the amendments in advance.

05:28 PM -- Carla Boyd, representing herself, testified in opposition to the bill, as drafted. Ms. Boyd spoke about proper education of children about the safety of medical marijuana products.

05:31 PM -- Robert Mitton, representing himself, testified in opposition to the bill, as drafted.

05:33 PM -- Mitch Shenassa, representing himself, testified about the bill. Mr. Shenassa discussed marketing and packaging of medical marijuana-infused products.

05:38 PM -- Floribeth Beckman, representing herself, testified about the bill. Ms. Beckman urged individuals to educate themselves.

05:42 PM -- Justin Day, representing himself, testified about the bill. Mr. Day discussed the labeling of medical marijuana-infused products.

05:45 PM

The committee took a brief recess.

05:54 PM

The committee came back to order. Representative Acree wrapped up her presentation of the bill. She spoke about labeling of products and deaths attributable to marijuana. Representative B. Gardner laid the bill over for action on a later date. He adjourned the committee.