Colorado 2023 Regular Session

Colorado Senate Bill SB081 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0485.01 Sarah Lozano x3858
8	8	SENATE BILL 23-081
9	9	Senate Committees House Committees
10	10	Health & Human Services
11	11	Finance
12	12	A BILL FOR AN ACT
13	13	C
14	14	ONCERNING ALLOWING EQUITA BLE PATIENT ACCESS TO MEDICAL101
15	15	MARIJUANA IN COLORADO.102
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Current law allows a physician to submit documentation to the
24	24	department of public health and environment (department) stating that a
25	25	patient has a debilitating medical condition or disabling medical condition
26	26	and may benefit from the use of medical marijuana. The bill clarifies that
27	27	the physician is submitting a recommendation to the department rather
28	28	than a certification or authorization.
29	29	SENATE SPONSORSHIP
30	30	Van Winkle and Jaquez Lewis,
31	31	HOUSE SPONSORSHIP
32	32	Soper and Snyder,
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. The bill removes the following requirements for a physician's
36	36	recommendation to the department:
37	37	! The physician's federal drug enforcement agency number;
38	38	! The maximum THC potency level of the medical marijuana
39	39	product;
40	40	! The recommended medical marijuana product;
41	41	! The patient's daily authorized quantity of the medical
42	42	marijuana product; and
43	43	! Directions for use of the medical marijuana product.
44	44	The bill allows a physician to establish a bonafide
45	45	physician-patient relationship remotely via video or telephone conference
46	46	if the patient is:
47	47	! 21 years of age or older;
48	48	! Under 18 years of age; or
49	49	! 18 years of age or older but under 21 years of age and the
50	50	patient received a medical marijuana recommendation prior
51	51	to 18 years of age.
52	52	The bill clarifies that a patient must only present a uniform
53	53	certification form completed by a recommending physician to a medical
54	54	marijuana store if the patient seeks to purchase more than the statutorily
55	55	allowed limit of medical marijuana products.
56	56	Current law limits the amount of medical marijuana concentrate
57	57	that a patient may purchase in a single day to 8 grams. The bill increases
58	58	that limitation to 40 grams, but limits the total amount that a patient can
59	59	purchase in a 30-day period to the equivalent of 8 grams per day. Current
60	60	law limits the combined amount of medical marijuana products that a
61	61	patient may purchase in a single day to 20,000 milligrams. The bill adds
62	62	an exception to that limitation for nonedible, nonpsychoactive medical
63	63	marijuana products.
64	64	Current law limits the amount of medical marijuana concentrate
65	65	that a patient 18 years of age or older but under 21 years of age may
66	66	purchase in a single day to 2 grams. The bill allows a patient that is 18
67	67	years of age or older but under 21 years of age and had a registry
68	68	identification card issued by the department prior to 18 years of age to
69	69	purchase in a single day up to 8 grams of medical marijuana concentrate.
70	70	The bill clarifies that when a physician issues a uniform
71	71	certification form to a patient 18 years of age or older, the physician may
72	72	consider whether the patient had a registry identification card issued by
73	73	the department prior to 18 years of age as a factor in recommending that
74	74	the patient be allowed to purchase more than the statutorily allowed
75	75	quantities of medical marijuana products.
76	76	The bill allows a retail marijuana store to sell retail marijuana
77	77	products to patients at the statutorily allowed limit for medical marijuana
78	78	products and registered primary caregivers 21 years of age or older who
79	79	present a registry identification card issued by the department. The bill
80	80	SB23-081
81	81	-2- also allows a registered primary caregiver to purchase retail marijuana
82	82	products for a patient who is under 21 years of age at the applicable
83	83	statutorily allowed limit for medical marijuana products for patients under
84	84	21 years of age.
85	85	Be it enacted by the General Assembly of the State of Colorado:1
86	86	SECTION 1. In Colorado Revised Statutes, 25-1.5-106, amend2
87	87	(2)(a.5)(I), (5)(b)(I), (5)(b)(II) introductory portion, (5)(b)(II)(C),3
88	88	(5)(b)(II)(H), (5)(b)(III), and (5)(c); repeal (5)(b)(II)(D), (5)(b)(II)(E),4
89	89	(5)(b)(II)(F), and (5)(b)(II)(G); and add (5)(b)(II.5), (5)(h), and (5)(i) as5
90	90	follows:6
91	91	25-1.5-106. Medical marijuana program - powers and duties7
92	92	of state health agency - rules - medical review board - medical8
93	93	marijuana program cash fund - subaccount - created - "Ethan's9
94	94	Law" - definitions - repeal. (2) Definitions. In addition to the10
95	95	definitions set forth in section 14 (1) of article XVIII of the state11
96	96	constitution, as used in this section, unless the context otherwise requires:12
97	97	(a.5) "Bona fide physician-patient relationship", for purposes of13
98	98	the medical marijuana program, means:14
99	99	(I) A physician and a patient have a treatment or counseling15
100	100	relationship, in the course of which the physician has completed the16
101	101	in-person A full assessment of the patient's medical history, including an17
102	102	assessment of ASSESSING the patient's medical and mental health history18
103	103	to determine whether the patient has a medical or mental health issue that19
104	104	could be exacerbated by the use of medical marijuana and reviewing a20
105	105	previous diagnosis,
106	106	IF AVAILABLE, for a debilitating or disabling medical21
107	107	condition, and
108	108	A FULL ASSESSMENT OF THE PATIENT 'S current medical22
109	109	condition, including an appropriate personal physical examination. If the
110	110	23
111	111	SB23-081-3- recommending physician is not the patient's primary care physician, the1
112	112	recommending physician shall review the existing records of the2
113	113	diagnosing physician or a licensed mental health provider. This3
114	114	subsection (2)(a.5)(I) does not require a mental health examination prior4
115	115	to making a recommendation.5
116	116	(5) Physicians. A physician who certifies a debilitating medical6
117	117	condition or disabling medical condition for an applicant to the medical7
118	118	marijuana program shall comply with all of the following requirements:8
119	119	(b) (I) (A) After a physician, who has a bona fide9
120	120	physician-patient relationship with the patient applying for the medical10
121	121	marijuana program, determines, for the purposes of making a11
122	122	recommendation, that the patient has a debilitating medical condition or12
123	123	disabling medical condition and that the patient may benefit from the use13
124	124	of medical marijuana, the physician shall certify to the state health agency14
125	125	that the patient has a debilitating medical condition or disabling medical15
126	126	condition and that the patient may benefit from the use of medical16
127	127	marijuana. If the physician certifies that the patient would benefit from17
128	128	the use of medical marijuana based on a chronic or debilitating disease or18
129	129	medical condition or disabling medical condition, the physician shall19
130	130	specify the chronic or debilitating disease or medical condition or20
131	131	disabling medical condition and, if known, the cause or source of the21
132	132	chronic or debilitating disease or medical condition or disabling medical22
133	133	condition.23
134	134	(B) A physician's authorization RECOMMENDATION for medical24
135	135	marijuana must be in compliance with the provisions of this section, any25
136	136	rules promulgated pursuant to this section, the physician's respective26
137	137	practice act, article 220 of title 12 and any rules promulgated pursuant to27
138	138	SB23-081
139	139	-4- that article for a dentist, article 240 of title 12 and any rules promulgated1
140	140	pursuant to that article, and article 255 of title 12 and any rules2
141	141	promulgated pursuant to that article for an advanced practice registered3
142	142	nurse.4
143	143	(II) The certification RECOMMENDATION must include the5
144	144	following:6
145	145	(C) The authorizing RECOMMENDING physician's name AND7
146	146	address; and federal drug enforcement agency number;8
147	147	(D) The maximum THC potency level of medical marijuana being9
148	148	recommended;10
149	149	(E) The recommended product, if any;11
150	150	(F) The patient's daily authorized quantity, if such quantity12
151	151	exceeds the maximum statutorily allowed amount for the patient's age;13
152	152	(G) Directions for use; and14
153	153	(H) The authorizing RECOMMENDING physician's signature.15
154	154	(II.5) T
155	155	HE RECOMMENDATION MAY INCLUDE THE FOLLOWING :16
156	156	(A) T
157	157	HE MAXIMUM THC POTENCY LEVEL OF MEDICAL MARIJUANA17
158	158	BEING RECOMMENDED ;18
159	159	(B) T
160	160	HE RECOMMENDED PRODUCT , IF ANY;19
161	161	(C) T
162	162	HE PATIENT'S DAILY RECOMMENDED QUANTITY ; AND20
163	163	(D) D
164	164	IRECTIONS FOR USE, IF ANY.21
165	165	(III) The authorizing
166	166	RECOMMENDING physician shall provide the22
167	167	patient with a copy of the certification RECOMMENDATION .23
168	168	(c) The physician shall maintain a record-keeping system,24
169	169	including a copy of the certification RECOMMENDATION , for all patients25
170	170	for whom the physician has authorized RECOMMENDED the medical use26
171	171	of marijuana, and, pursuant to an investigation initiated pursuant to27
172	172	SB23-081
173	173	-5- section 12-240-125, the physician shall produce such medical records to1
174	174	the Colorado medical board after redacting any patient or primary2
175	175	caregiver identifying information. The physician shall maintain the3
176	176	medical records of the patient's visit, and the physician shall,
177	177	WITH THE4
178	178	PATIENT'S PERMISSION, respond to a treating physician's request for5
179	179	medical records to treat the patient with the certification with the patient's
180	180	6
181	181	permission RECOMMENDATION .7
182	182	(h) A
183	183	PHYSICIAN MAY TREAT, COUNSEL, DIAGNOSE, AND CONDUCT8
184	184	APPROPRIATE PERSONAL PHYSICAL EXAMINATIONS IN PERSON OR9
185	185	REMOTELY VIA TELEPHONE OR VIDEO CONFERENCE TO ESTABLISH A10
186	186	BONAFIDE PHYSICIAN-PATIENT RELATIONSHIP WITH A PATIENT IF THE11
187	187	PATIENT IS UNDER EIGHTEEN YEARS OF AGE OR TWENTY -ONE YEARS OF12
188	188	AGE OR OLDER. THE INITIAL PERSONAL PHYSICAL EXAMINATION FOR A13
189	189	PATIENT EIGHTEEN YEARS OF AGE OR OLDER BUT UNDER TWENTY -ONE14
190	190	YEARS OF AGE MUST BE IN PERSON UNLESS THE PATIENT IS HOMEBOUND OR15
191	191	QUALIFIES FOR A SIGNIFICANT GEOGRAPHIC HARDSHIP ; ANY SUBSEQUENT16
192	192	EXAMINATIONS MAY BE CONDUCTED VIA TELEPHONE OR VIDEO17
193	193	CONFERENCE. IF A PATIENT WHO IS EIGHTEEN YEARS OF AGE OR OLDER BUT18
194	194	UNDER TWENTY-ONE YEARS OF AGE RECEIVED A RECOMMENDATION FOR19
195	195	MEDICAL MARIJUANA PRIOR TO EIGHTEEN YEARS OF AGE , THE PATIENT IS20
196	196	NOT REQUIRED TO RECEIVE AN IN -PERSON PERSONAL PHYSICAL21
197	197	EXAMINATION TO ESTABLISH A BONAFIDE PHYSICIAN -PATIENT22
198	198	RELATIONSHIP WITH A PHYSICIAN.23
199	199	(i) N
200	200	OTWITHSTANDING ANY LAW TO THE CONTRARY , A PHYSICIAN24
201	201	IS NOT SUBJECT TO ANY CRIMINAL, CIVIL, OR ADMINISTRATIVE PENALTIES25
202	202	OR SANCTIONS FOR ISSUING A UNIFORM CERTIFICATION FORM , AS DEFINED26
203	203	IN SECTION 44-10-501 (15), TO A PATIENT OR REGISTERED PRIMARY27
204	204	SB23-081
205	205	-6- CAREGIVER.1
206	206	SECTION 2. In Colorado Revised Statutes, 44-10-501, amend2
207	207	(1)(b)(II), (4)(a)(III), (4)(c), (10)(a), and (10)(b)(III); and add (4)(d), (13),3
208	208	(14), and (15) as follows:4
209	209	44-10-501. Medical marijuana store license - statutorily5
210	210	allowed quantities - uniform certification form - definitions.6
211	211	(1) (b) (II) In the event of a temporary outage of the seed-to-sale tracking7
212	212	system, a medical marijuana store:8
213	213	(A) May rely upon the physician's certification required by section9
214	214	25-1.5-106 PATIENT'S UNIFORM CERTIFICATION FORM IF THE PATIENT IS10
215	215	SEEKING TO PURCHASE MORE THAN THE STATUTORILY ALLOWED11
216	216	QUANTITIES DESCRIBED IN SUBSECTION (10) OF THIS SECTION; and12
217	217	(B) Is not responsible for any unintentional sale
218	218	THAT OCCURS13
219	219	DURING THE OUTAGE in excess of the authorized quantity limit that occurs
220	220	14
221	221	during the outage, provided however that STATUTORILY ALLOWED15
222	222	QUANTITIES DESCRIBED IN SUBSECTION (10) OF THIS SECTION OR THE16
223	223	QUANTITIES LISTED ON THE PATIENT'S UNIFORM CERTIFICATION FORM, SO17
224	224	LONG AS the medical marijuana store uploads its sales data into the18
225	225	seed-to-sale tracking system as soon as reasonably practical after the end19
226	226	of the outage.20
227	227	(4) (a) Prior to initiating a sale, the employee of the medical21
228	228	marijuana store making the sale shall verify:22
229	229	(III) That the patient's or caregiver's purchase will not exceed the23
230	230	patient's daily authorized quantity limit STATUTORILY ALLOWED24
231	231	QUANTITIES DESCRIBED IN SUBSECTION (10) OF THIS SECTION or the25
232	232	amount listed on the patient's certification UNIFORM CERTIFICATION FORM,26
233	233	whichever is greater, and the purchase aligns with the purchase authority27
234	234	SB23-081
235	235	-7- information in the seed-to-sale tracking system.1
236	236	(c) If the patient seeks to purchase more than the statutorily2
237	237	allowed daily authorized limit QUANTITIES of concentrate for the patient's3
238	238	age group
239	239	DESCRIBED IN SUBSECTION (10) OF THIS SECTION, the patient4
240	240	shall present the patient's certification
241	241	UNIFORM CERTIFICATION FORM at5
242	242	the time of purchase, and the medical marijuana store shall not exceed6
243	243	THE statutorily allowed quantities or the quantities specified in the7
244	244	UNIFORM certification FORM, WHICHEVER IS GREATER.8
245	245	(d) N
246	246	OTWITHSTANDING ANY LAW TO THE CONTRARY , IF THE9
247	247	PATIENT OR CAREGIVER IS SEEKING TO PURCHASE MEDICAL MARIJUANA10
248	248	PRODUCTS AT OR BELOW THE STATUTORILY ALLOWED QUANTITIES11
249	249	DESCRIBED IN SUBSECTION (10) OF THIS SECTION, A MEDICAL MARIJUANA12
250	250	STORE SHALL NOT REQUIRE THE PATIENT OR CAREGIVER TO PRESENT ANY13
251	251	DOCUMENTATION OTHER THAN THE DOCUMENTATION DESCRIBED IN14
252	252	SUBSECTIONS (4)(a)(I) AND (4)(a)(II) OF THIS SECTION.15
253	253	(10) (a) Except as provided in subsection (10)(b) of this section,16
254	254	a medical marijuana store shall not,
255	255	IN A SINGLE BUSINESS DAY, sell,17
256	256	individually or in any combination, more than two ounces of medical18
257	257	marijuana flower, eight
258	258	FORTY grams of medical marijuana concentrate,19
259	259	or medical marijuana products containing a combined total of twenty20
260	260	thousand milligrams to a patient; in a single business day EXCEPT THAT21
261	261	THE LIMIT DOES NOT APPLY TO NONEDIBLE, NONPSYCHOACTIVE MEDICAL22
262	262	MARIJUANA PRODUCTS, INCLUDING OINTMENTS, LOTIONS, BALMS, AND23
263	263	OTHER NONTRANSDERMAL TOPICAL PRODUCTS . EXCEPT AS PROVIDED IN24
264	264	SUBSECTION (10)(b) OF THIS SECTION, A MEDICAL MARIJUANA STORE25
265	265	SHALL NOT SELL, INDIVIDUALLY OR IN ANY COMBINATION, MORE THAN THE26
266	266	EQUIVALENT OF EIGHT GRAMS OF MEDICAL MARIJUANA CONCENTRATE PER27
267	267	SB23-081
268	268	-8- DAY TO A PATIENT WITHIN A THIRTY-DAY PERIOD.1
269	269	(b) (III) (A) A medical marijuana store or medical marijuana2
270	270	stores shall not sell any more than eight FORTY grams of medical3
271	271	marijuana concentrate to a patient in a single day
272	272	OR THE EQUIVALENT OF4
273	273	EIGHT GRAMS OF MEDICAL MARIJUANA CONCENTRATE PER DAY TO A5
274	274	PATIENT WITHIN ANY THIRTY-DAY PERIOD; except that this subsection6
275	275	(10)(b) does not apply if the patient is homebound, if the physician's
276	276	7
277	277	certification PATIENT'S UNIFORM CERTIFICATION FORM specifically states8
278	278	that the patient needs more than eight FORTY grams of medical marijuana9
279	279	concentrate,
280	280	OR if it would be a significant physical or geographic10
281	281	hardship for the patient to make a daily purchase. or if the patient had a
282	282	11
283	283	registry identification card prior to eighteen years of age.12
284	284	(B) Notwithstanding the provisions of subsection (10)(b)(III)(A)13
285	285	of this section, if the A patient is eighteen to twenty years of age OR14
286	286	OLDER BUT UNDER TWENTY-ONE YEARS OF AGE, a medical marijuana store15
287	287	or medical marijuana stores shall not sell any more than two grams of16
288	288	medical marijuana concentrate to a THE patient in a single day; except that17
289	289	this subsection (10)(b) does not apply if the patient is homebound, if the18
290	290	physician's certification PATIENT'S UNIFORM CERTIFICATION FORM19
291	291	specifically states the patient needs more than two grams of medical20
292	292	marijuana concentrate,
293	293	OR if it would be a significant physical or21
294	294	geographic hardship for the patient to make a daily purchase. or if the
295	295	22
296	296	patient had a registry identification card prior to eighteen years of age.23
297	297	(C) N
298	298	OTWITHSTANDING SUBSECTION (10)(b)(III)(B) OF THIS24
299	299	SECTION, IF A PATIENT IS EIGHTEEN YEARS OF AGE OR OLDER BUT UNDER25
300	300	TWENTY-ONE YEARS OF AGE AND THE PATIENT HAD A REGISTRY26
301	301	IDENTIFICATION CARD PRIOR TO EIGHTEEN YEARS OF AGE , A MEDICAL27
302	302	SB23-081
303	303	-9- MARIJUANA STORE MAY SELL UP TO EIGHT GRAMS OF MEDICAL MARIJUANA1
304	304	CONCENTRATE TO THE PATIENT IN A SINGLE DAY ; EXCEPT THAT THIS2
305	305	SUBSECTION (10)(b)(III)(C) DOES NOT APPLY IF THE PATIENT'S UNIFORM3
306	306	CERTIFICATION FORM SPECIFICALLY STATES THAT THE PATIENT NEEDS4
307	307	MORE THAN EIGHT GRAMS OF MEDICAL MARIJUANA CONCENTRATE IN A5
308	308	SINGLE DAY.6
309	309	(13) W
310	310	HEN ISSUING A UNIFORM CERTIFICATION FORM TO A PATIENT7
311	311	EIGHTEEN YEARS OF AGE OR OLDER , A PHYSICIAN MAY CONSIDER8
312	312	WHETHER THE PATIENT HAD A REGISTRY IDENTIFICATION CARD PRIOR TO9
313	313	EIGHTEEN YEARS OF AGE AS A FACTOR IN RECOMMENDING THAT THE10
314	314	PATIENT OR REGISTERED PRIMARY CAREGIVER BE ALLOWED TO PURCHASE11
315	315	MORE THAN THE STATUTORILY ALLOWED QUANTITIES OF MEDICAL12
316	316	MARIJUANA PRODUCTS DESCRIBED IN SUBSECTION (10) OF THIS SECTION.13
317	317	(14) N
318	318	OTWITHSTANDING ANY LAW TO THE CONTRARY , A MEDICAL14
319	319	MARIJUANA STORE LICENSEE IS NOT SUBJECT TO ANY CRIMINAL , CIVIL, OR15
320	320	ADMINISTRATIVE PENALTIES OR SANCTIONS FOR ACCEPTING A UNIFORM16
321	321	CERTIFICATION FORM PROVIDED BY A PATIENT OR REGISTERED PRIMARY17
322	322	CAREGIVER.18
323	323	(15) A
324	324	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE19
325	325	REQUIRES, "UNIFORM CERTIFICATION FORM" MEANS THE FORM DEVELOPED20
326	326	BY THE STATE LICENSING AUTHORITY FOR PHYSICIANS TO RECOMMEND A21
327	327	PATIENT OR REGISTERED PRIMARY CAREGIVER BE ABLE TO PURCHASE22
328	328	MORE THAN THE STATUTORILY ALLOWED QUANTITIES OF MEDICAL23
329	329	MARIJUANA PRODUCTS DESCRIBED IN SUBSECTION (10) OF THIS SECTION.24
330	330	SECTION 3. In Colorado Revised Statutes, 44-10-601, add (18)25
331	331	as follows:26
332	332	44-10-601. Retail marijuana store license - rules - definitions.27
333	333	SB23-081
334	334	-10- (18) (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY , IF A PATIENT1
335	335	OR REGISTERED PRIMARY CAREGIVER PRESENTS A VALID REGISTRY2
336	336	IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 25-1.5-106 (9) AND3
337	337	THE PATIENT OR REGISTERED PRIMARY CAREGIVER IS TWENTY -ONE YEARS4
338	338	OF AGE OR OLDER, A RETAIL MARIJUANA STORE MAY SELL RETAIL5
339	339	MARIJUANA PRODUCTS AT THE STATUTORILY ALLOWED QUANTITIES FOR6
340	340	MEDICAL MARIJUANA PRODUCTS DESCRIBED IN SECTION 44-10-501 (10) TO7
341	341	THE PATIENT OR REGISTERED PRIMARY CAREGIVER .8
342	342	(b) N
343	343	OTWITHSTANDING ANY LAW TO THE CONTRARY , IF A9
344	344	REGISTERED PRIMARY CAREGIVER PRESENTS A VALID REGISTRY10
345	345	IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 25-1.5-106 (9) AND11
346	346	IS TWENTY-ONE YEARS OF AGE OR OLDER , A RETAIL MARIJUANA STORE12
347	347	MAY SELL RETAIL MARIJUANA PRODUCTS AT THE STATUTORILY ALLOWED13
348	348	QUANTITIES FOR MEDICAL MARIJUANA PRODUCTS DESCRIBED IN SECTION14
349	349	44-10-501
350	350	(10) TO THE REGISTERED PRIMARY CAREGIVER FOR THE15
351	351	PRIMARY CAREGIVER'S PATIENT UNDER TWENTY-ONE YEARS OF AGE.16
352	352	SECTION 4. Safety clause. The general assembly hereby finds,17
353	353	determines, and declares that this act is necessary for the immediate18
354	354	preservation of the public peace, health, or safety.19
355	355	SB23-081
356	356	-11-