NOTE: The governor signed this measure on 6/6/2014.
      
      
      HOUSE BILL 14-1396
      
      
      BY REPRESENTATIVE(S) Ryden, Rosenthal, Schafer, Fields, Ginal,
      Peniston;
      also SENATOR(S) King, Crowder.
      
      
      Concerning clarification of the authority of persons acting on
           behalf of the department of public health and environment
           to administer the medical marijuana registry.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-1.5-106, amend (2)
      (a); and add (2) (a.5) and (8) (g) 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. (2)  Definitions. In addition to the
      definitions set forth in section 14 (1) of article XVIII of the state
      constitution, as used in this section, unless the context otherwise requires:
      
           (a)  "Bona fide physician-patient relationship", for purposes of the
      medical marijuana program, means: "Authorized employees of the
      state health agency" includes independent contractors or other
      agencies with whom the state health agency contracts or is
      working under an intergovernmental agreement to provide
      services related to the administration of the medical marijuana
      program registry. These independent contractors are not state
      employees for the purposes of state employee benefits, including
      public employees retirement association benefits.
      
           (I)  A physician and a patient have a treatment or counseling
      relationship, in the course of which the physician has completed a full
      assessment of the patient's medical history and current medical condition,
      including an appropriate personal physical examination;
      
           (II)  The physician has consulted with the patient with respect to the
      patient's debilitating medical condition before the patient applies for a
      registry identification card; and
      
           (III)  The physician is available to or offers to provide follow-up
      care and treatment to the patient, including but not limited to patient
      examinations, to determine the efficacy of the use of medical marijuana as
      a treatment of the patient's debilitating medical condition.
      
           (a.5)  "Bona fide physician-patient relationship", for
      purposes of the medical marijuana program, means:
      
           (I)  A physician and a patient have a treatment or
      counseling relationship, in the course of which the physician has
      completed a full assessment of the patient's medical history and
      current medical condition, including an appropriate personal
      physical examination;
      
           (II)  The physician has consulted with the patient with
      respect to the patient's debilitating medical condition before the
      patient applies for a registry identification card; and
      
           (III)  The physician is available to or offers to provide
      follow-up care and treatment to the patient, including patient
      examinations, to determine the efficacy of the use of medical
      marijuana as a treatment of the patient's debilitating medical
      condition.
      
           (8)  Patient - primary caregiver relationship.
      (g)  Notwithstanding any other provision of law, a primary
      caregiver shall not grow, sell, or process marijuana for any
      person unless:
      
           (I)  The person is a patient holding a current and valid
      registry identification card; and
      
           (II)  The primary caregiver is currently identified on the
      medical marijuana registry as that patient's primary caregiver.
      
           SECTION 2.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO