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S_JUD_2017A 01/18/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 01/18/2017
ATTENDANCE
Time: 01:33 PM to 02:24 PM
Coram
X
Fields
*
Place: SCR 352
Kagan
X
Cooke
E
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-015 Amended, Referred to the Committee of the Whole





01:33 PM -- SB17-015



Senator Gardner, chair, called the committee to order. Senator Aguilar presented Senate Bill 17-015, concerning the unlawful advertising of marijuana, which was supported by the 2016 Interim Study Committee on Cost-Benefit Analysis of Legalized Marijuana in Colorado. She distributed a handout concerning illegal online marijuana sales (Attachment A), and amendment L.006 (Attachment B). Senator Aguilar responded to questions concerning examples of the types of advertising covered by the bill, and the state's jurisdiction over online advertising.



17SenateJud0118AttachA.pdf17SenateJud0118AttachA.pdf 17SenateJud0118AttachB.pdf17SenateJud0118AttachB.pdf





01:38 PM -- Ms. Alicia Haywood, representing the Colorado Department of Public Health and Environment, testified in support of the bill. She distributed examples of online marijuana advertising (Attachment C). She discussed the effect of limiting exposure to marijuana advertising, and the effect of the bill generally.



17SenateJud0118AttachC.pdf17SenateJud0118AttachC.pdf



01:41 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. She discussed the bill as introduced, and stated that amendment L.006 addresses some of those concerns. She expressed additional concerns regarding the creation of a new crime by the bill. Ms. Thompson responded to questions concerning intent to sell under the bill and identifying online sellers.













01:46 PM --
Mr. Ron Kammerzell, representing the Colorado Department of Revenue, testified in support of the bill. Mr. Kammerzell discussed the regulation of marijuana advertising under existing laws and rules. He also gave examples of marijuana advertising. Mr. Kammerzell responded to questions about enforcing marijuana regulations, existing regulations concerning marijuana advertising, and freedom of speech issues.



01:53 PM --
Ms. Kara Miller, representing the Marijuana Industry Group, testified in support of the bill.



01:55 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified on the bill. He provided technical comments on the bill. Mr. Hanuman responded to questions concerning the mental state requirement in the bill.





02:02 PM



Senator Aguilar provided closing remarks on the bill. Senator Kagan moved the bill and amendment L.006. The committee discussed possible conceptual amendments.





02:05 PM



The committee recessed.





02:15 PM



The committee returned to order. Senator Kagan distributed amendment L.007 (Attachment D). Senator Kagan withdrew his motion of amendment L.006 and moved amendment L.007. He explained amendment L.007. The committee discussed amendment L.007.



17SenateJud0118AttachD.pdf17SenateJud0118AttachD.pdf












































BILL: SB17-015
TIME: 02:18:10 PM
MOVED: Kagan
MOTION: Adopt amendment L.007 (Attachment D). The motion failed on a 2-2 vote.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
Excused
Gardner
No
YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE



Senator Kagan moved amendment L.006.

BILL: SB17-015
TIME: 02:20:17 PM
MOVED: Kagan
MOTION: Adopt amendment L.006 (Amendment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Excused
Gardner
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



Senator Aguilar distributed and explained amendment L.001 (Attachment E).



17SenateJud0118AttachE.pdf17SenateJud0118AttachE.pdf






















BILL: SB17-015
TIME: 02:21:28 PM
MOVED: Kagan
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Excused
Gardner
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





Senator Kagan renewed his motion on the bill, as amended.

BILL: SB17-015
TIME: 02:21:59 PM
MOVED: Kagan
MOTION: Refer Senate Bill 17-015, as amended, to the Committee of the Whole. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Excused
Gardner
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:22 PM



Senator Gardner discussed the committee's work, generally, and the upcoming committee schedule.





02:24 PM



The committee adjourned.