First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0095.01 Michael Dohr x4347   SENATE BILL 13-051
                   SENATE SPONSORSHIP
 Baumgardner, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning fire inspections for marijuana cultivation
            locations.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill would require a local fire department to annually inspect
       each medical marijuana optional cultivation premises, each primary
       caregiver cultivation location, and each marijuana grow building in its
       jurisdiction. The fire chief may charge a fee of no more than $100 for the
       inspection. 
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 12-43.3-403, add (3)
       as follows:
            12-43.3-403.  Optional premises cultivation license. (3)  In
       addition to all other licensure requirements, an optional
       premises cultivation licensee must have an annual fire
       inspection conducted by the fire department having jurisdiction
       over the optional premises cultivation site. Each fire
       department shall determine whether there are any optional
       premises cultivation sites in its jurisdiction. For each optional
       premises cultivation site in its jurisdiction, the fire department
       shall make an annual inspection. The fire chief for the
       jurisdiction may charge a fee not to exceed one hundred dollars
       for the inspection.
            SECTION 2.  In Colorado Revised Statutes, add 24-33.5-1227 as
       follows:
            24-33.5-1227. Recreation marijuana retail fire inspections. In
       addition to all other licensure requirements, a marijuana
       cultivation facility pursuant to section 16 of article XVIII of
       the Colorado constitution must have an annual fire inspection
       conducted by the fire department having jurisdiction over the
       building. Each fire department shall determine whether there
       are any marijuana cultivation facilities pursuant to section 16
       of article XVIII of the Colorado constitution in its jurisdiction.
       For each facility in its jurisdiction, the fire department shall
       make an annual inspection. The fire chief for the jurisdiction
       may charge a fee not to exceed one hundred dollars for the
       inspection.
            SECTION 3.  In Colorado Revised Statutes, 25-1.5-106, amend
       (7) (e) as follows:
            25-1.5-106.  Medical marijuana program - powers and duties
       of state health agency - rules - medical review board - medical
       marijuana program cash fund - created - repeal. (7)  Primary
       caregivers. (e) (I)  A primary caregiver who cultivates medical marijuana
       for his or her patients shall register the location of his or her cultivation
       operation with the state medical marijuana licensing authority and provide
       the registration identification number of each patient to the state licensing
       authority. The information provided to the state medical marijuana
       licensing authority pursuant to this paragraph (e) shall not be provided to
       the public and shall be confidential, except as provided for in
       subparagraph (II) of this paragraph (e). The state licensing authority
       shall verify the location of a primary caregiver cultivation operation to a
       local government or law enforcement agency upon receiving an
       address-specific request for verification. The location of the cultivation
       operation shall comply with all applicable local laws, rules, or
       regulations.
            (II)  A primary caregiver who cultivates medical
       marijuana for his or her patients shall have an annual fire
       inspection conducted by the fire department having jurisdiction
       over the cultivation location. Each fire department shall
       determine whether there are any primary caregiver cultivation
       locations in its jurisdiction using the information collected by
       the state medical marijuana licensing authority required by
       subparagraph (I) of this paragraph (e). For each location in its
       jurisdiction, the fire department shall make an annual
       inspection. The fire chief of the jurisdiction may charge a fee not
       to exceed one hundred dollars for the inspection.
            SECTION 4.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.