FinalSTAFF SUMMARY OF MEETING

COST-BENEFIT ANALYSIS OF LEGALIZED MARIJUANA IN COLORADO

Date: 09/21/2016 ATTENDANCE

Time: 10:08 AM to 03:54 PM Aguilar XHolbert X

Place: HCR 0112 Singer XWillett E

This Meeting was called to order by Baumgardner XRepresentative Pabon Pabon X

This Report was prepared byLuisa Altmann

X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed: Action Taken:Opening RemarksHealthcare Provider PanelMarijuana Classroom CurriculumConsideration of Bill Drafts

Witness Testimony and/or Committee Discussion OnlyWitness Testimony and/or Committee Discussion OnlyWitness Testimony and/or Committee Discussion OnlyCommittee Voting on Bills to Refer to Legislative Council

10:09 AM -- Opening Remarks

Representative Pabon made introductory remarks.

10:10 AM -- Healthcare Provider Panel

10:11 AM -- Dr. Andrea Hoopes, Children's Hospital Colorado, provided testimony to the committee related to the impact of marijuana on youth, the use of marijuana during pregnancy, and the need for research on these topics. Children's Hospital Colorado's presentation is provided in Attachment A.

Throughout the presentation, Dr. Hoopes responded to questions from the committee.

10:39 AM -- Dr. Aleah Horstman, Arapahoe house, provided testimony to the committee related to Arapahoe House's experience related to marijuana treatment. Dr. Horstman's presentation is provided in Attachment B.

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Dr. Horstman responded to questions from the committee.

10:52 AM -- Anne Stattelman, Posada, provided testimony to the committee related to the work of Posada and the experience in Pueblo related to homelessness and marijuana use. Ms. Stattelman's presentation is provided in Attachment C.

Ms. Stattelman responded to questions from the committee.

11:09 AM -- Marijuana Classroom Curriculum

11:11 AM -- Kenneth Porco and Sarah Grippa, Marijuana Education Initiative (MEI), provided testimony to the committee regarding the work that MEI does. The MEI's presentation is provided in Attachment D.

Throughout the presentation, Mr. Porco and Ms. Grippa responded to questions from the committee.

11:35 AM

The committee took a recess.

11:59 AM

The committee reconvened.

11:59 AM -- Consideration of Bill Drafts

Representative Pabon made introductory remarks related to the consideration of bill drafts.

12:02 PM -- Bill 1

Senator Holbert made remarks related to Bill 1 and why he chose to withdraw the bill.

Committee discussion ensued.

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12:08 PM -- Bill 2

Representative Pabon made remarks related to Bill 2 - BEST Marijuana Funding. The bill as drafted directs the Public School Capital Construction Assistance Board to take into consideration the extent to which retail marijuana excise tax is collected from each county in the state when it prioritizes applications for grant funding under the Building Excellent Schools Today (BEST) program. The bill also expands the definition of capital construction under the BEST program to include technology.

Representative Pabon discussed amendment number 2 (Attachment E).

Representative Pabon responded to questions from committee members related to the bill.

12:16 PM -- Ann Marie Jensen, Colorado Association of Chiefs of Police (CACP), testified in opposition to the bill as drafted.

12:19 PM -- Bill 3

Representative Pabon made remarks related to Bill 3 - Grey and Black Market Marijuana Enforcement Grants. The bill as drafted creates a grant program to reimburse local governments for costs associated with training, education, law enforcement, and prosecution of offenses for the grey and black marijuana markets. The grant program is to be administered by the Department of Local Affairs (DOLA) and is required to prioritize funding to local governments in rural areas that have limited law enforcement resources to address illegal, unlicensed marijuana cultivation operations. The bill authorizes moneys from the Marijuana Tax Cash Fund to be used to fund the grant program and its administration. Any moneys not expended in a given fiscal year are retained by DOLA for use in the next fiscal year. On or before November 1, 2019, and each November 1 thereafter, DOLA is required to provide an update about the program in its annual SMART Act hearing for the General Assembly.

Committee discussion ensued.

12:23 PM -- Karin McGowan, Colorado Department of Public Health and Environment (CDPHE), testified in support of the bill.

12:24 PM -- Arnold Hanuman, Colorado District Attorney's Council (CDAC), testified in support of the bill and requested a clarification to the bill. Mr. Hanuman responded to questions from the committee.

12:26 PM -- Jessica LeRoux, representing herself, testified in opposition to the bill.

12:29 PM -- Ann Marie Jensen, CACP, testified on the bill from a neutral position and suggested several changes. Ms. Jensen responded to questions from the committee.

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12:36 PM -- Eric Bergman, Colorado Counties, Inc. (CCI), testified in support of the bill.

12:38 PM -- Kevin Bommer, Colorado Municipal League (CML), testified in support of the bill.

12:41 PM

Mr. Bergman and Mr. Bommer responded to questions from the committee.

12:49 PM -- Bridget Serritt, CannaPatient Resource Connection (CPRC) and Impact Alliance, testified on the bill including the possible negative impact on caregivers and medical marijuana growers.

12:53 PM -- Rebecca Lockwood, representing himself, testified in opposition to the bill. Ms. Lockwood responded to questions from the committee.

12:57 PM -- Bill 4

Senator Baumgardner discussed Bill 4 - Marijuana Legalization Interim Committee. The bill as drafted establishes the Cost-Benefit Analysis of Legalized Marijuana Study Committee as an interim committee of the General Assembly. The committee must study the government and societal costs and benefits, information gaps, and additional studies that may be needed as it relates to the legalization of marijuana. All state agencies and political subdivisions must cooperate with the committee and the committee may review and propose legislation related to legalized marijuana. The bill also establishes guidelines for committee selection, composition, and procedures. The committee may meet up to six times annually in even-numbered years and eight times in odd-numbered years, with no more than two meetings occurring during the legislative session. The bill repeals the committee on January 1, 2020.

Senator Baumgardner, on behalf of Representative Willett, requested that Bill 4 be withdrawn.

12:59 PM -- Cindy Sovine-Miller, IMPACT Alliance, testified in support of the bill. Ms. Sovine-Miller provided the committee with a handout (Attachment F).

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01:01 PM -- Bill 5

Representative Singer discussed Bill 5 - Distinguish Alcohol DUIs from Drug DUIs. The bill as drafted adds new subcategories to the existing criminal offenses of driving under the influence (DUI) and driving while ability impaired (DWAI). The bill requires peace officers who issue a summons or complaint for DUI, DUI per se, or DWAI to indicate, to the extent possible, the exact nature of the offense by citing the appropriate subcategory.

Representative Singer discussed a proposed stike-below amendment #1 (Attachment G).

01:03 PM -- Arnold Hanuman, CDAC, testified in opposition to the bill.

01:06 PM -- Ann Marie Jensen, CACP, testified in opposition to the bill and proposed amendment.

01:12 PM -- Peg Ackerman, County Sheriffs of Colorado, testified in opposition to the bill and proposed amendment.

01:13 PM -- Amanda Bent, Drug Policy Alliance, spoke about how impairment due to marijuana is measured.

01:14 PM -- Jessica LeRoux, representing herself, spoke about the bill and other issues related to the topic.

01:18 PM -- Bill 6

Senator Holbert discussed Bill 6 - Marijuana Education Materials Resource Bank. The bill as drafted requires the Colorado Department of Education, with assistance from CDPHE, to create and maintain a resource bank of materials and curricula related to marijuana. The resource bank must be available by July 1, 2017, and be free to school districts, charter schools, and Boards of Cooperative Educational Services. The bill authorizes use of the Marijuana Tax Cash Fund to cover expenses related to developing and maintaining the resource bank and providing technical assistance.

01:19 PM -- Sarah Clark, Smart Colorado, testified on the bill from a neutral position.

01:22 PM -- Alison Malloy, CDPHE, testified on the bill from a neutral position. Ms. Malloy provided two handouts to the committee (Attachment H & Attachment I).

01:24 PM -- Michele Ross, IMPACT Network, provided information on the topic addressed by the bill.

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01:27 PM -- Bill 7

Representative Singer discussed Bill 7 and a proposed strike-below amendment #1 (Attachment J). The bill as drafted creates a private marijuana club license, to be regulated by the Department of Revenue. According to the rules of licensure, private marijuana clubs may allow people to consume medical or retail marijuana on site but can not sell or provide marijuana or alcohol. Private clubs can not sell food prepared on site, except light snacks. No one under 21 can enter a private marijuana club. The bill authorizes local governments to allow private marijuana clubs in their jurisdictions. Under the bill, public display, consumption, or use of one ounce of marijuana or less in a licensed private marijuana club is not a criminal offense.

Committee discussion ensued.

01:34 PM -- Michael Dohr, Office of Legislative Legal Services, responded to questions from the committee.

01:42 PM -- Emmett Reistroffer, representing himself, testified in support of the bill with future amendments.

01:50 PM -- Tyler Henson, Colorado Cannabis Chamber of Commerce, testified on the bill and amendment from a neutral position and addressed areas of concern.

01:52 PM -- Jessica LeRoux, representing herself, testified on the bill.

01:58 PM -- Ann Marie Jensen, CACP, testified in opposition to the bill.

02:05 PM -- Eric Bergman, CCI, testified on the bill from a neutral position.

02:07 PM -- Kevin Bommer, CML, testified on the bill from a neutral position.

02:11 PM -- Shawn Coleman, Terrapin Care Station, testified in support of the bill.

02:15 PM -- Peg Ackerman, County Sheriffs of Colorado, testified in opposition to the bill.

02:16 PM -- Teri Robnett, Cannabis Patients Alliance, testified on the bill from a neutral position.

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02:19 PM -- Bill 8

Senator Aguilar discussed Bill 8 - Medical Marijuana Use for Stress Disorders. The bill as drafted adds acute stress disorder and post-traumatic stress disorder to the list of debilitating medical conditions approved for using medical marijuana.

02:22 PM -- Dr. Joseph Cohen, representing himself, testified in support of the bill.

02:26 PM -- Teri Robnett, Cannabis Patients Alliance, testified in support of the bill.

02:28 PM -- Jessica LeRoux, representing herself, testified in support of the bill.

02:30 PM -- Mary Carniglia, representing herself and Health Choices Unlimited, testified in support of the bill.

02:31 PM -- Stacey Linn, Cannability Foundation and Impact Alliance, testified in support of the bill.

02:34 PM -- Dr. Chris Meredith, Strategic Pharma, Inc., testified in support of the bill.

02:35 PM -- Debbie Wagner, Colorado Psychiatric Society and Colorado Medical Society, testified on the bill and addressed several concerns. Ms. Wagner responded to questions from the committee.

02:39 PM -- Amanda Bent, Drug Policy Alliance, testified in support of the bill and provided a handout to the committee (Attachment K).

02:40 PM -- Greg Duran, representing himself, testified in support of the bill.

02:44 PM -- Dr. Cohen returned to the table to address concerns.

02:45 PM -- Bill 9

Senator Aguilar discussed Bill 9 - Define Assist for Personal Marijuana Cultivation. The bill as drafted defines "assisting" as helping, supporting, or advising someone growing marijuana plants for personal use in their primary residence. The definition of assisting does not allow for growing the plants on someone else's behalf and only applies to non-medical marijuana.

02:47 PM -- Arnold Hanuman, CDAC, testified on the bill from a neutral position.

02:49 PM -- Jessica LeRoux, representing herself, testified in opposition to the bill as currently drafted.

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02:51 PM -- Ann Marie Jensen, CACP, testified in support of the concept within the bill and provided several suggested changes. Ms. Jensen responded to questions from the committee.

02:54 PM -- Alison Helsley, Rooms to Grow, testified in opposition to the bill as drafted. Ms. Helsley responded to questions from the committee.

03:02 PM -- Teri Robnett, Cannabis Patients Alliance, testified in opposition to the bill as drafted.

03:05 PM -- Greg Duran, representing himself, testified in opposition to the bill as drafted.

03:07 PM -- Bill 10

Senator Aguilar discussed Bill 10 - Unlawful Marijuana Advertising. The bill as drafted creates a level 2 drug misdemeanor for attempting to sell marijuana or marijuana concentrate by placing an advertisement in print or online.

03:09 PM -- Teri Robnett, Cannabis Patients Alliance, testified in opposition to the bill as drafted. Ms. Robnett responded to questions from the committee.

03:12 PM -- Ann Marie Jensen, CACP, testified in support of the concept in the bill and addressed several concerns and suggested changes. Ms. Jensen responded to questions from the committee.

03:17 PM -- Stacey Linn, CannAbility, IMPACT Alliance, testified on bill from a neutral position, but addressed several concerns. Ms. Linn responded to questions from the committee.

03:22 PM -- Greg Duran, representing himself, testified in opposition to the bill as currently drafted.

03:24 PM -- Arnold Hanuman, CDAC, testified on the bill and made suggested changes.

03:26 PM

Committee discussion ensued related to bill drafts.

Bill 1 was previously withdrawn from consideration by Senator Holbert.

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BILL: Consideration of Bill Drafts TIME: 03:37:00 PMMOVED: PabonMOTION: Adopt amendment 2 to Bill 2. The motion passed without objection.SECONDED: Singer

VOTEAguilarHolbertSingerWillett Excused

BaumgardnerPabon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL: Consideration of Bill Drafts TIME: 03:38:34 PMMOVED: PabonMOTION: Refer Bill 2, as amended, to Legislative Council. The motion passed on a vote of 5-0.SECONDED: Singer

VOTEAguilar Yes

Holbert Yes

Singer Yes

Willett Excused

Baumgardner Yes

Pabon Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

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03:39 PM

Representative Pabon and Senator Baumgardner were assigned as prime sponsors for Bill 2, and the committee agreed to start the bill in the House.

BILL: Consideration of Bill Drafts TIME: 03:40:27 PMMOVED: PabonMOTION: Adopt conceptual amendment to the bill title of Bill 3. The motion passed without objection.SECONDED: Singer

VOTEAguilarHolbertSingerWillett Excused

BaumgardnerPabon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL: Consideration of Bill Drafts TIME: 03:41:17 PMMOVED: PabonMOTION: Refer Bill 3, as amended, to Legislative Council. The motion passed on a vote of 5-0.SECONDED: Singer

VOTEAguilar Yes

Holbert Yes

Singer Yes

Willett Excused

Baumgardner Yes

Pabon Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

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03:41 PM

Representative Willett, Representative Pabon and Senator Aguilar were assigned as prime sponsors for Bill 3, and the committee agreed to start the bill in the House

03:42 PM

Bill 4 had previously been withdrawn from consideration by Senator Baumgardner.

Representative Singer withdrew Bill 5 from consideration.

BILL: Consideration of Bill Drafts TIME: 03:43:56 PMMOVED: HolbertMOTION: Refer Bill 6 to Legislative Council. The motion passed on a vote of 5-0.SECONDED: Singer

VOTEAguilar Yes

Holbert Yes

Singer Yes

Willett Excused

Baumgardner Yes

Pabon Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:44 PM

Senator Holbert, Senator Baumgardner, and Representative Singer were assigned as prime sponsors for Bill 6, and the committee agreed to start the bill in the Senate.

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03:45 PM

Senator Aguilar withdrew Bill 7 from consideration.

BILL: Consideration of Bill Drafts TIME: 03:46:05 PMMOVED: AguilarMOTION: Refer Bill 8 to Legislative Council. The motion passed on a vote of 5-0.SECONDED: Singer

VOTEAguilar Yes

Holbert Yes

Singer Yes

Willett Excused

Baumgardner Yes

Pabon Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:47 PM

Senator Aguilar and Representative Singer were assigned as prime sponsors for Bill 8, and the committee agreed to start the bill in the Senate.

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03:48 PM

Senator Aguilar withdrew Bill 9 from consideration.

BILL: Consideration of Bill Drafts TIME: 03:50:40 PMMOVED: AguilarMOTION: Adopt conceptual amendment to Bill 10 related to exemptions for caregivers. The motion

passed without objection.SECONDED: Baumgardner

VOTEAguilarHolbertSingerWillett Excused

BaumgardnerPabon

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL: Consideration of Bill Drafts TIME: 03:51:36 PMMOVED: SingerMOTION: Refer Bill 10, as amended, to Legislative Council. The motion passed on a vote of 5-0.SECONDED: Holbert

VOTEAguilar Yes

Holbert Yes

Singer Yes

Willett Excused

Baumgardner Yes

Pabon Yes

Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

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03:53 PM

Senator Aguilar and Representative Pabon were assigned as prime sponsors for Bill 10, and the committee agreed to start the bill in the Senate.

03:54 PM

The committee adjourned.