New Medical Marijuana Laws on the Horizon
Posted By:

House Bill 11-1043, addressing the issue of medical marijuana, currently is being considered in the Colorado House of Representatives.  That bill would clarify a number of provisions in the Colorado Medical Marijuana Code.


One significant change would be that a primary caregiver who cultivates medical marijuana for his or her patients must register the cultivation site, and all patient identification numbers, with the medical marijuana state licensing authority and comply with all zoning and building codes.


Under current law, a medical marijuana license may not be issued to a person who has been convicted of a felony within the last 5 years or who has ever been convicted of a felony drug offense. The bill would change that requirement so that only those persons who have been convicted of felony drug offense in the last 5 years may be denied a license on that basis.


Current law imposes a 2-year residency requirement on all license applicants. The bill changes the residency requirement so that it applies only to those applicants who are going to be owners of a medical marijuana business.


Perhaps most significantly, the bill creates 2 new classes of medical marijuana licenses: (1) A primary caregiver cultivation license, which gives a primary caregiver who has received a waiver to serve more than 5 patients or who grows more than 30 plants at a time the authority to grow medical marijuana only for his or her patients or for the patients of another primary caregiver, if the licensee has been delegated authority over the patients. (2) An infused-products manufacturing facility license, which allows a facility to be licensed for exclusive use by multiple infused-products manufacturers.


The bill further clarifies that if a patient has applied for, but has not yet received, a registry identification card, the patient may present the application and a photo identification at the time of purchase in lieu of the registration card.