Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. R10-0991.01 Michael Dohr SCR10-005 SENATE SPONSORSHIP Renfroe, Schultheis, Kopp, King K., Penry, Harvey, Scheffel HOUSE SPONSORSHIP Waller, DelGrosso, Gardner B., King S., Lambert, McNulty, Murray, Nikkel, Stephens Senate Committees House Committees Judiciary SENATE CONCURRENT RESOLUTION 10-005 Submitting to the registered electors of the state of Colorado an amendment to section 14 of article XVIII of the constitution of the state of Colorado, concerning a clarification of the affirmative defense for the provision of medical marijuana, and, in connection therewith, clarifying the definition of primary care-giver to ensure that the affirmative defense is available only to a primary care-giver who assists the patient with the daily necessities of life, and stating that section 14 of article XVIII does not authorize a retail medical marijuana operation or a commercial medical marijuana cultivation operation. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) The resolution narrows the definition of primary care-giver to make it clear that a medical marijuana patient's primary care-giver's responsibility must be greater than cultivating or providing medical marijuana. The resolution clarifies that the medical marijuana affirmative defense applies to a primary care-giver only in a situation in which the primary care-giver is cultivating or providing medical marijuana to his or her patient. The resolution declares that the medical marijuana constitutional provisions do not create a right to operate a medical marijuana retail operation or a medical marijuana cultivation operation. Be It Resolved by the Senate of the Sixty-seventh General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: Section 14 (1) (f) and (2) (d) of article XVIII of the constitution of the state of Colorado are amended, and the said section 14 of article XVIII is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions. (1) As used in this section, these terms are defined as follows: (f) "Primary care-giver" means a natural person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. A "primary care-giver" shall assist the patient with handling the effects and consequences of the debilitating medical condition, including administration of prescription medication, attendance at medical appointments, assuring the patient complies with dietary requirements, and assistance with other daily aspects of the patient's housing, safety, and comfort. "Primary care-giver" shall not include a person whose responsibilities for the patient include only the cultivation of marijuana on behalf of the patient or the provision, sale, or distribution of marijuana to the patient. (2) (d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use. A primary care-giver shall be afforded the affirmative defense or exception from the criminal law only for marijuana used or intended to be used by his or her patient. The protection of this section shall not apply to the retail sale of marijuana, whether or not for profit, nor to the cultivation of marijuana by anyone other than a patient or primary care-giver for use by the patient. (12) Nothing in this section shall be construed to permit the operation of a retail medical marijuana operation or a commercial medical marijuana cultivation operation. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall there be an amendment to section 14 of article XVIII of the constitution of the state of Colorado, concerning a clarification of the affirmative defense for the provision of medical marijuana, and, in connection therewith, clarifying the definition of primary care-giver to ensure that the affirmative defense is available only to a primary care-giver who assists the patient with the daily necessities of life, and stating that section 14 of article XVIII does not authorize a retail medical marijuana operation or a commercial medical marijuana cultivation operation?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.