here is something CTI put together...its a nice start!
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Note: This bill was written by the CTI Medical Cannabis Policy Group and is not an official bill of the State of
Colorado. It is a suggestion and all comments and suggestions from anyone are welcome.
Send all comments to:
[email protected]
Updated: Oct. 31, 2009
A Bill for an Act 1
Be it enacted the General Assembly of the State of Colorado:
XX-XX-101. Short title. This article shall be known and may be cited as the "Medical Cannabis Patient and Caregiver Protection Act."
XX-XX-102. Purposes
(1) The purpose of this article is to implement Article XVIII, Section 14 of the Colorado Constitution, known as the Colorado's Medical Marijuana Amendment, and to regulate and encourage the operation of facilities lawfully used for the acquisition, cultivation, possession, manufacture, production, sale, distribution, dispensing, storage or transportation of medical cannabis and medical cannabis herbal remedies. This article is intended:
(a) To permit the safe and affordable distribution of medical cannabis to legal patients.
(b) To help ensure that legal patients and their primary caregivers who engage in the legal acquisition, cultivation, possession, manufacture, production, sale, distribution, dispensing, storage or transportation of medical cannabis solely for the legal patient's medical treatment are not subject to criminal prosecution, sanction or discrimination.
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Send all comments to:
[email protected]
Cannabis Therapy Institute Draft Bill -- Page 2
(c) To protect patients from the adverse impacts of irresponsible medical cannabis distribution, storage and use practices.
XX-XX-103. Definitions
(1) "Cannabis" shall have the same meaning as the definition of "marihuana" or "marijuana" as set forth in Colorado Revised Statute 18-18-102 (18), but if that definition is amended by state law in the future, as amended. Currently, the definition is: "Marihuana" or "marijuana" means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marihuana" in this subsection (18). "Marihuana" does not include marihuana concentrate as defined in subsection (19) of this section.
(3) "Medical cannabis caregiver business" means any business entity, including employees, engaged in retail sales of medical cannabis herbal products that is owned and operated by one or more primary caregivers with the purpose of providing medical cannabis products and other services to legal patients.
(4) "Medical cannabis collective" means any collection of 2 or more persons comprised exclusively and entirely of legal patients and the primary caregivers of those patients, including employees, with the purpose to provide education, referral, or networking services to patients, and to facilitate or assist patients in acquiring their medicine, including, but not limited to, the cultivation, manufacture, production, sale, distribution, dispensing, storage or transportation of medical cannabis herbal products for medical use by legal patients.
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Send all comments to:
[email protected]
Cannabis Therapy Institute Draft Bill -- Page 3
(5) "Medical cannabis herbal product" means cannabis and every compound, manufacture, salt, derivative, mixture, or preparation of cannabis, its seeds, or its resin manufactured solely for the medical use of legal Colorado patients. It does not include the stalks or roots or oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination.
(6) "Patient" shall have the same meaning as the definition provided in Article XVIII § 14 of the Colorado Constitution or by any rules promulgated by the Colorado Board of Health and Environment.
(7) "Primary caregiver" shall have the same meaning as the definition provided in Article XVIII § 14 of the Colorado Constitution or by any rules promulgated by the Colorado Board of Health and Environment.
XX-XX-104. Exemptions from article
(1) Any patient who cultivates or manufactures cannabis for his or her own personal medical use is exempt from the requirements of this article.
(2) Recognizing that there are smaller caregivers that do not need to be subject to additional regulations, primary caregivers who are serving the needs of _______ or fewer patients are exempt from the requirements of this article.
XX-XX-105. Medical cannabis caregiver service business – description
(1) A medical cannabis caregiver service business must obtain a State of Colorado business license and obtain all applicable sales tax permits.
(2) A medical cannabis caregiver service business must pay all required state and local taxes on all transactions, unless the business is a tax-exempt non-profit organization.
(3) A medical cannabis business must provide other services to their patients besides solely acquisition of medicinal cannabis. These services can include, but are not limited to, doctor referral, therapy consultation, transportation arrangements, and other alternative therapies.
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Send all comments to:
[email protected]
Cannabis Therapy Institute Draft Bill -- Page 4
XX-XX-106. Medical cannabis collective – description
(1) The State of Colorado recognizes that some legal patients may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly, this section recognizes that legal patients and their primary caregivers may join together to form medical cannabis collectives for the purpose of cultivating and manufacturing medical cannabis and pooling their resources solely for the personal medical use of the members.
(2) Membership in a medical cannabis collective must be restricted to legal patients and their primary caregivers. However, the medical cannabis collective may hire employees or contractors who are non-patients to facilitate the business of the collective.
(3) Medical cannabis collectives and each member thereof, shall not sell, barter, give away, or otherwise distribute cannabis to non-members of the medical cannabis collective.
XX-XX-107. Allowed practices
All patients, primary caregivers, medical cannabis caregiver service businesses, or medical cannabis collectives may engage in the acquisition, cultivation, possession, manufacture, production, sale, distribution, dispensing, storage or transportation of medical cannabis herbal products for medical use by legal Colorado patients as provided in Article XVIII § 14 of the Colorado Constitution.
XX-XX-108. Immunity from prosecution To be added.
XX-XX-109. Affirmative defense
To be added.
XX-XX-110. Permitted zoning districts
(1) Medical cannabis caregiver service businesses shall be allowed in any retail, commercial, industrial, or agricultural zoning district.
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Send all comments to:
[email protected]
Cannabis Therapy Institute Draft Bill -- Page 5
(2) Medical cannabis primary caregivers and medical cannabis collectives that do not sell retail products shall be allowed in any zoning district.
XX-XX-111. Special requirements
Medical cannabis primary caregivers, medical cannabis caregiver service businesses, and medical cannabis collectives shall:
(1) Be subject to the same sign codes as other businesses in the same zoning district.
(2) Provide adequate security on the premises to ensure patient safety.
(3) Provide handicapped access as required by federal law.
XX-XX-112. Patient rights
No person shall discriminate against a patient in any way for their medical use of cannabis. This includes, but is not limited to, discrimination in areas of employment and drug testing, health insurance, social services, probation, financial aid, veteran's benefits, or housing programs.
XX-XX-113. Police procedures and training
(1) Within six months of the date that this chapter becomes effective, the training materials handbooks, and printed procedures of all law enforcement agencies in the state shall be updated to reflect its provisions. These updated materials shall be made available to all law enforcement officers in the regular course of their training and service.
(2) Medical cannabis-related activities shall be the lowest possible priority of all the law enforcement agencies in the state.
(3) Patients, primary caregivers, medical cannabis caregiver service businesses, or medical cannabis collectives that come into contact with law enforcement will not be cited or arrested and medical cannabis herbal products in their possession will not be seized if they are in compliance with the provisions of this article.
DRAFT: Colorado Medical Cannabis Patient and Caregiver Protection Act
Send all comments to:
[email protected]
Cannabis Therapy Institute Draft Bill -- Page 6
(4) Patients, primary caregivers, medical cannabis caregiver service businesses, or medical cannabis collectives who come into contact with law enforcement and cannot establish or demonstrate their legal status, but are otherwise in compliance with the provisions of this article, will not be cited or arrested and medical cannabis herbal products in their possession will not be seized if:
(a) based on the activity and circumstances, the officer determines that there is no evidence of criminal activity;
(b) the claim to be a legal patient, primary caregiver, medical cannabis collective or medical cannabis caregiver service businesss is credible; or
(c) proof of status as a legal patient, primary caregiver, medical cannabis collective, or medical cannabis caregiver service businesses can be provided to the Police Department within three business days of the date of contact with law enforcement.
(5) A legal patient, primary caregiver, medical cannabis caregiver service business or medical cannabis collective may transport medical cannabis within the State of Colorado. A legal patient, primary caregiver, medical cannabis caregiver service business or medical cannabis collective may not be charged with DUI based solely on the presence of medical cannabis in the motor vehicle, if the patient or primary caregiver did not also present sufficient evidence of impairment at the time of arrest.
(6) A legal patient, primary caregiver, medical cannabis caregiver service business or medical cannabis collective may possess medical equipment or paraphernalia used to smoke, vaporize or otherwise consume cannabis for medical use only by legal patients.
