Grab your reading glasses and prepare to sit awhile. The Sunset Review of the Colorado Medical Marijuana Code has been posted on the DORA web site. This will set the stage for any bills to update/change the medical marijuana regulations during the 2015 legislative session.

Key Recommendations

Continue the Medical Code for four years, until 2019.
Amendment 20 to the state’s constitution decriminalized medical marijuana in 2000, though it remains illegal under federal law. Though not perfect, the Medical Code represents Colorado’s effort to implement a strong and effective regulatory and enforcement system that addresses the federal government’s enforcement priorities.

Make it unlawful for primary caregivers to fail to register their cultivation operations with the Executive Director and make proof of registration available to law enforcement on a verification only basis.
Primary caregivers who grow medical marijuana for their patients are required to register their cultivations with the Executive Director. However, only approximately five percent of primary caregivers have so registered, creating difficulties for law enforcement when trying to confirm whether someone is a primary caregiver.

Schedule the medical marijuana program administered by the Colorado Department of Public Health and Environment for a sunset review, with a sunset date of September 1, 2019.
The program administered by the Colorado Department of Public Health and Environment, among other things, creates the medical marijuana registry of medical marijuana patients and delineates the process by which the list of debilitating medical conditions can be expanded. This program lacks a sunset clause. Scheduling it to sunset in conjunction with the Medical Code in 2019 ensures that the entire medical marijuana industry is reviewed at that time.

What is a Sunset Review?
A sunset review is a periodic assessment of state boards, programs, and functions to determine whether they should be continued by the legislature. Sunset reviews focus on creating the least restrictive form of regulation consistent with protecting the public. In formulating recommendations, sunset reviews consider the public’s right to consistent, high quality professional or occupational services and the ability of businesses to exist and thrive in a competitive market, free from unnecessary regulation.

For detailed information, download a PDF of the Review on the Colorado.gov web site.

Cannabis Patients Alliance was pleased to be asked to participate in this conversation about needed changes to the medical marijuana code.

Categories: Advocacy, Business & Industry, Colorado, Patients, Policy & Politics

Tags: cdphe, Colorado, colorado department of revenue, department of regulatory agencies, dora, marijuana enforcement division, medical marijuana, sunset review