Section 1 of the bill directs the department of public health and environment to use marijuana taxes to make research grants regarding the medical efficacy of Colorado-grown strains of medical marijuana and requires the person appointed to the scientific advisory council who represents medical marijuana patient interests to have scientific expertise. Sections 2 and 3 allow a licensed medical or retail marijuana facility to transfer marijuana to a research facility for purposes of the medical research.
Sections 2 and 3 also allow the use of medical or retail marijuana by a pesticide manufacturer in limited quantities as specified in rules promulgated by the state licensing authority that authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical or retail marijuana.
Sections 4 and 5 allow medical and retail marijuana cultivators to use a pesticide in the cultivation and production of marijuana if the pesticide:
- Is exempt from registration pursuant to federal law; can be used on crop group 19, hops, or unspecified crops or plants; or has been listed by the Organic Materials Review Institute;
- Has affixed to it a label that allows the pesticide to be used at the intended site of application; and
- Has affixed to it a label that allows the pesticide to be used on crops and plants intended for human consumption.
Once the department has certified marijuana test laboratories, if a test result indicates the presence of unauthorized pesticides, the state licensing authority shall allow the licensee to provide a sample for further testing. If no further testing occurs or if the second test indicates the presence of unauthorized pesticides, the licensee shall destroy the product. In determining whether the marijuana is contaminated with pesticides, the state licensing authority shall reasonably consider:
- The analytical variability and sensitivity in testing results;
- How the marijuana was grown or produced;
- Whether the cultivator actually applied unauthorized pesticides; and
- Whether the amount of pesticide falls within a reasonable tolerance based on scientific research.
(Note: This summary applies to this bill as introduced.)