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Legislative Year: 2021 Change
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Bill Detail: HB21-1317

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Title Regulating Marijuana Concentrates
Status House Considered Senate Amendments - Result was to Concur - Repass (06/08/2021)
Bill Subjects
  • Liquor, Tobacco, & Marijuana
House Sponsors A. Garnett (D)
Y. Caraveo (D)
Senate Sponsors P. Lundeen (R)
C. Hansen (D)
House Committee Public and Behavioral Health & Human Services
Senate Committee Finance
Date Introduced 05/14/2021
Summary

The bill requires the Colorado school of public health to do a
systematic review of the scientific research related to the physical and
mental health effects of high-potency THC marijuana and concentrates.
The bill creates a scientific review council (council) to review the report
and make recommendations to the general assembly. Based on the
research and findings, the Colorado school of public health shall produce

a public education campaign for the general public, to be approved by the
council, regarding the effect of high-potency THC marijuana on the
developing brain and mental health.
Current law requires a doctor to conduct a full assessment of the
patient's medical history when making a medical marijuana
recommendation. The bill requires that assessment to include the patient's
mental health history. If the recommending physician is not the patient's
primary care physician, the bill directs the recommending physician to
review the records of a diagnosing physician or licensed mental health
provider. When a practitioner makes a medical marijuana authorization,
the practitioner must certify that authorization to the department of public
health and environment. The bill requires the certification to include:
  • The date of issue and the effective date of the
recommendation;
  • The patient's name and address;
  • The recommending physician's name, address, and federal
drug enforcement agency number;
  • The THC potency level of medical marijuana being
recommended;
  • The dosage form;
  • The daily authorized quantity;
  • Directions for use; and
  • The recommending physician's signature.
The bill prohibits a physician for charging an additional fee for
recommending an extended plant count or making a recommendation
related to an exception to a medical marijuana requirement.
The bill imposes the following requirements on medical marijuana
patients ages 18 to 20 years old:
  • Two physicians from different medical practices have to
diagnose the patient as having a debilitating or disabling
medical condition after an in-person consultation;
  • One of the physicians must explain the possible risks and
benefits of the medical use of marijuana to the patient;
  • One physician must provide the patient with the written
documentation specifying that the patient has been
diagnosed with a debilitating or disabling medical
condition and the physician has concluded that the patient
might benefit from the medical use of marijuana; and
  • The patient attends follow-up appointments every 6 months
after the initial visit with one of the physicians.
The bill requires the department of public health and environment
(department) to create a report from emergency room and hospital
discharge data of patients who presented with conditions or a diagnosis
that reflect marijuana use and provide that report at the department's
annual State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act hearing.
The bill requires the coroner in each case of a suicide, overdose
death, or accidental death to order a toxicology screen. The coroner shall
report the results of the toxicology screen to the Colorado violent death
reporting system. The department then produces an annual report of the
data beginning January 2, 2022, and annually each year thereafter.
The bill prohibits medical marijuana advertising that is specifically
directed to those ages 18 to 20 years old and requires medical and retail
marijuana concentrate advertising to include a warning regarding the risks
of medical marijuana concentrate overconsumption.
A medical and retail marijuana store shall provide a notice at the
time of sale regarding the criminal penalties associated with marijuana
diversion. A medical marijuana store and retail marijuana store shall
provide a patient with a pamphlet regarding the risks of overconsumption
of medical marijuana concentrate when selling concentrate.
The bill requires medical marijuana stores to immediately record
transactions in the seed-to-sale inventory tracking system to allow the
system to:
  • Continuously monitor entry of patient data to identify
discrepancies with daily purchase limits and potency
authorizations;
  • Access and retrieve real-time sales data based on patient
identification number; and
  • Respond with a user error message if a sale to a patient or
caregiver will exceed the patient's allowed purchase limit
for that business day or potency authorization.
The bill limits the amount of medical marijuana concentrate that
a patient can purchase in one day to 8 grams, unless the patient is 18 to 20
years old then the limit is 2 grams, except in the case of a homebound
patient or if the patient's certification states that the patients needs more
than 8 grams or 2 grams respectively.
Beginning January 1, 2023, the bill requires medical marijuana
concentrate and retail marijuana concentrate to be sold in a package
containing one gram separated into no less than 10 equal portioned
amounts. The bill limits the amount of retail marijuana concentrate that
a patient can purchase in one day to 8 grams.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/28/2021) (most recent)  
Additional Bill Documents Bill Documents
Including:
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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