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S_BLT_2017A 03/01/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 03/01/2017
ATTENDANCE
Time: 01:39 PM to 07:01 PM
Jahn
X
Kerr
X
Place: RM 271
Priola
X
Smallwood
X
This Meeting was called to order by
Williams A.
X
Senator Tate
Neville T.
X
Tate
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1034

SB17-184

SB17-063

SB17-187

SB17-192
Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to the Committee of the Whole - Consent Calendar

Witness Testimony and/or Committee Discussion Only





01:39 PM -- HB 17-1034



Senator Baumgardner introduced House Bill 17-1034, concerning medical marijuana licensing issues. The reengrossed bill conforms the medical marijuana code to the retail marijuana code by creating a license for medical marijuana business operators and allowing medical marijuana licensees to relocate anywhere in Colorado if state and local permission is granted. The bill requires the Marijuana Enforcement Division (MED) in the Department of Revenue (DOR) to give a licensee an opportunity to remediate a product if a test indicates the presence of a microbial in the product. If the licensee is unable to remediate the product, then the licensee is required to document and destroy the product. The bill also allows medical marijuana-infused products and manufacturers to buy from and sell to another medical marijuana-infused products manufacturer.



01:44 PM --
Jim Burack, Department of Revenue, spoke in support of the bill.







01:47 PM --
Jessica LeRoux, representing herself, spoke about her concerns with the bill.

BILL: HB17-1034
TIME: 01:50:39 PM
MOVED: Neville T.
MOTION: Refer House Bill 17-1034 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Jahn
Excused
Kerr
Yes
Priola
Excused
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



01:51 PM



The committee took a recess.



01:56 PM -- SB 17-184



The committee came back to order and Senator Gardner introduced Senate Bill 17-184, concerning measures to define lawful consumption of marijuana. The bill authorizes the operation of private marijuana clubs that allow for the on-site consumption of medical or retail marijuana in local jurisdictions that adopt ordinances or resolutions authorizing private marijuana clubs. Private marijuana clubs are membership-based and not open to the general public. All members must be 21 years of age or older, and club owners must be Colorado residents for at least 2 years prior to owning the club. In addition;



all club employees must be Colorado residents;

the sale and service of food and alcohol are prohibited except for light snacks;

a club owner cannot sell marijuana on the premises; and

a club owner cannot permit the sale or exchange of marijuana for remuneration on the premises.



The bill defines the terms "open and public" and "openly and publicly" to prohibit marijuana consumption in areas generally open or accessible to the general public such as highways, transportation facilities, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities. Open and public consumption of marijuana is a violation of the Colorado Constitution and Colorado statutes. It is charged as a Class 2 drug misdemeanor under current law. The bill allows local jurisdictions to more strictly define "open and public" through ordinances or resolution which may also include locations and circumstances that are exception to the prohibition on open and public consumption.



02:03 PM -- Robert Corry, representing himself, spoke in opposition to the bill. He responded to questions from the committee.







02:05 PM --
Travis Grimes, representing himself, spoke in opposition to the bill.



02:08 PM --
Dillon Allen, representing himself, spoke in opposition to the bill.



02:15 PM --
RJ Ours, American Cancer Society, spoke in opposition to the bill.



02:19 PM --
Jason Warf, Southern Colorado Cannabis Council, spoke in opposition to the bill.



02:22 PM --
Peter Bialick, GASP Colorado, spoke in opposition to the bill.



02:26 PM --
Michael Skirkanich, Studio A64, spoke in opposition to the bill. He responded to questions from the committee.



02:30 PM --
Alex Kahn, representing himself, spoke in opposition to the bill.



02:31 PM --
Amber Racek, Studio A64, spoke in opposition to the bill. She responded to questions from the committee.



02:58 PM --
Zachary Murphy, Studio A64, spoke in opposition to the bill.



02:59 PM --
JT Jaquess, Studio A64, spoke in opposition to the bill.



03:02 PM --
Wanda Stark, Studio A64, spoke in opposition to the bill.



03:05 PM --
Bob Doyle, American Lung Association, spoke in opposition to the bill.



03:07 PM --
Ken Heldal, representing himself, spoke in opposition to the bill.



03:10 PM --
Ashley Weber, Colorado NORML, spoke in support of the bill.



03:13 PM --
William Wofford, Studio A64, spoke in opposition to the bill.



03:17 PM --
Robert Chase, Colorado Coalition for Patients and Caregivers, spoke in opposition to the bill.



03:24 PM --
Courtney Barnes, Vicente Sederberg, spoke in support of the bill.



03:25 PM --
Kristin Karas, representing herself, spoke in support of the bill.



03:26 PM --
Fran Lanzer, Mothers Against Drunk Driving, spoke neutrally on the bill.



03:31 PM --
Christian Sederberg, Vicente Sederberg, spoke in support of the bill.



03:34 PM --
Andrea Fasoli, Denver NORML, spoke in support of the bill.



03:36 PM --
Judd Golden, NORML, spoke in support of the bill. He responded to questions from the committee.



03:45 PM --
Jordan Person, NORML, spoke in support of the bill. She responded to questions from the committee.







03:47 PM --
Priscilla Solis, NORML, spoke in support of the bill.



03:48 PM --
Kevin Mahmalji, NORML, spoke in support of the bill. He responded to questions from the committee.



03:56 PM --
Chris Jetter, representing himself, spoke in opposition to the bill.



04:00 PM --
Ty Link, representing herself, spoke about the bill.



04:01 PM --
JM Fay, representing herself, spoke in opposition to the bill.



04:03 PM --
Emmett Reistroffer, Denver Relief Consulting, spoke in support of the bill.



04:06 PM --
Kobi Waldfogel, representing himself, spoke in support of the bill.



04:07 PM --
Jessica LeRoux, representing herself, spoke about the bill. She responded to questions from the committee.



04:16 PM



Senator Gardner discussed questions raised in testimony. Committee discussion ensued.



04:20 PM --
Shawn Coleman, Terrapin Care Station, spoke in support of the bill. He responded to questions from the committee.



04:24 PM --
Stacy Linn, representing herself, spoke in support of the bill. She responded to questions from the committee.



04:27 PM --
Kevin Bommer, Colorado Municipal League, spoke in favor of the bill. He discussed possible amendments. He responded to questions from the committee.



04:48 PM --
Nicholas Phillips, representing himself, spoke in support of the bill.







04:51 PM



Senator Gardner made closing comments on the merits of the bill. He provided amendment L.001 (Attachment A) to the committee.



170301 AttachA.pdf170301 AttachA.pdf

BILL: SB17-184
TIME: 04:55:01 PM
MOVED: Kerr
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-184
TIME: 04:56:23 PM
MOVED: Neville T.
MOTION: Adopt amendment L.002 (Attachment B). The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
No
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL



170301 AttachB.pdf170301 AttachB.pdf










BILL: SB17-184
TIME: 05:02:33 PM
MOVED: Kerr
MOTION: Refer Senate Bill 17-184, as amended, to the Committee of the Whole. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:08 PM -- SB 17-063



The committee took a brief recess.







05:16 PM



The committee reconvened. Senator Marble provided amendment L.005 (Attachment D) and L.006 (Attachment E) to the committee. The committee heard testimony on the bill on February 21, 2017 and received amendment L.002 (Attachment C) at that time. Senator Marble discussed her amendments.



170301 AttachD.pdf170301 AttachD.pdf170301 AttachE.pdf170301 AttachE.pdf 170301 AttachC.pdf170301 AttachC.pdf

BILL: SB17-063
TIME: 05:20:22 PM
MOVED: Priola
MOTION: Adopt amendment L.005. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-063
TIME: 05:20:35 PM
MOVED: Priola
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-063
TIME: 05:28:28 PM
MOVED: Kerr
MOTION: Adopt amendment L.004 (Attachment F). The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL



170301 AttachF.pdf170301 AttachF.pdf

BILL: SB17-063
TIME: 05:33:01 PM
MOVED: Priola
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-063
TIME: 05:33:54 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-063, as amended, to the Committee on Finance. The motion failed on a vote of 1-6.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
No
Smallwood
No
Williams A.
No
Neville T.
Yes
Tate
No
YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-063
TIME: 05:48:27 PM
MOVED: Priola
MOTION: Postpone Senate Bill 17-063 indefinitely. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB17-063
TIME: 05:26:31 PM
MOVED: Kerr
MOTION: Adopt amendment L.003 (Attachment G). The motion failed on a vote of 1-6.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
No
Neville T.
No
Tate
No
YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL



170301 AttachG.pdf170301 AttachG.pdf



05:49 PM -- SB 17-187



Senator Crowder introduced Senate Bill 17-187, concerning the authority of an exemption to the residency requirement for education-related marijuana occupational licenses. The bill allows the MED in the DOR to exempt the medical or retail marijuana occupational license residency requirement for up to one year for someone participating in a marijuana-based workforce development or education program. Senator Crowder provided amendment L.001 (Attachment H) to the committee.



170301 AttachH.pdf170301 AttachH.pdf



05:52 PM --
Priscilla Solis, Med Badge Help, spoke in support of the bill.



05:53 PM --
Will Metcalfe, Inspyre, spoke in support of the bill.



05:56 PM --
Jordan Wellington, Vicente Sederberg, spoke in support of the bill.



06:00 PM --
Joe Hodas, Dixie Brands, spoke in support of the bill.







06:01 PM



Senator Crowder made closing comments on the merits of the bill.

BILL: SB17-187
TIME: 06:03:18 PM
MOVED: Neville T.
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-187
TIME: 06:03:51 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-187, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Excused
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS







06:05 PM -- SB 17-192



Senator Neville introduced Senate Bill 17-192, concerning provisions to allow marijuana businesses to operate more efficiently. He discussed a pending strike-below amendment to the bill. As currently drafted, the bill allows for the delivery of medical marijuana, concentrate, infused products, and retail marijuana and retail marijuana products to private residences, as well as a single-instance transfer of retail marijuana and retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. It also moves the authority and timing of the determination of the average market rate of retail marijuana used to calculate excise taxes. Senator Neville responded to questions from the committee.



06:13 PM --
Chief John Jackson, Colorado Association of Chiefs of Police, spoke in opposition to the bill. He responded to questions from the committee.



06:22 PM --
Eric Bergman, Colorado Counties, Inc., spoke in opposition to the bill. He provided a handout to the committee (Attachment I).



170301 AttachI.pdf170301 AttachI.pdf



06:24 PM --
Chris Johnson, Colorado County Sheriffs, spoke in opposition to the bill.



06:27 PM



Senator Neville responded to questions from the committee.



06:29 PM --
Kevin Bommer, Colorado Municipal League, spoke about the possible amendment.



06:30 PM --
Henny Lasley, SMART Colorado, spoke in opposition to the bill. She responded to questions from the committee.



06:39 PM -- Meg Collins, Good Chemistry, spoke in support of the bill.



06:43 PM --
Elizabeth Conway, Eaze Solutions, spoke in support of the bill. She provided a handout to the committee (Attachment J). She responded to questions from the committee.



170301 AttachJ.pdf170301 AttachJ.pdf



06:47 PM --
Jeannine Machon, Colorado Cannabis Chambers of Commerce, spoke in support of the bill.



06:50 PM --
Dean Heizer, LivWell Enlightened Health, spoke in support of the bill.







06:53 PM --
Kevin Gallagher, Craft, spoke in support of the bill. He provided a handout to the committee (Attachment K).



170301 AttachK.pdf170301 AttachK.pdf



06:56 PM --
Nicholas Phillips, representing himself, spoke in support of the bill.



06:57 PM --
Jessica LeRoux, representing herself, spoke in support of the bill.



07:01 PM



Senator Tate laid the bill over for action at another date and the committee adjourned.