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S_JUD_2018A 04/11/2018 01:34:26 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/11/2018
Attendance
Coram X
Fields X
Kagan X
Cooke X
Gardner X
Time 01:34:26 PM to 05:04:48 PM
Place SCR 352
This Meeting was called to order by Gardner
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB18-1092 Committee Discussion Only
HB18-1156 Amended, referred to the Committee of the Whole - Consent Calendar

HB18-1092 - Committee Discussion Only


01:35:06 PM  

Senator Neville introduced HB18-1092, concerning a pilot program for marijuana delivery, and, in connection therewith, making an appropriation.  The pilot project includes a memorandum of understanding between the Marijuana Enforcement Division and a municipality.  Up to three municipalities may participate.  Senator Neville further discussed regulation, taxation, qualifications and eligibility, security, inventory tracking, packaging, and black market delivery.  He reported that other states have successfully implemented such a program for medical marijuana. 

Senator Neville answered questions about the pilot program delivery process, payment, current delivery of pharmaceuticals, illegal grow operations, and minors.  He emphasized that he supports the proper taxation and regulation of the marijuana industry.  He confirmed that the bill as written applies to both recreational and medical marijuana. 

01:50:44 PM  

Major Steve Garcia, representing Colorado State Patrol, spoke in opposition to the bill.  He explained that home delivery compromises safety and encourages theft.  He also reported that a delivery service enables minors to exploit the system and gain access to marijuana.  He brought up concerns about proximity to schools and emphasized that home delivery creates additional workload for law enforcement.  He said that most marijuana tax revenue is allotted to the Marijuana Enforcement Division and not law enforcement. 

01:55:25 PM  

Lieutenant Scott Torpen, representing the Aurora Police Department, testified against the bill.  He expressed concerns about robberies, theft, and safety.   He also noted that law enforcement has not been the beneficiary of marijuana tax revenue.

01:57:52 PM  

Henny Lasley, representing Smart Colorado, testified in opposition to the bill.  She raised points about delivery to underage minors and made remarks about enterprising high school students who have medical marijuana cards.  She reported that a proposed amendment to carve out this age group was denied in the House. 

 

02:14:24 PM  

Eric Bergman, representing Colorado Counties Incorporated, testified in opposition to the bill.  Noting that aspects of the bill were well-intentioned, he had concerns about teenagers using the service.  He also discussed illegal grow operations and the already heavy work loads of local law enforcement. 

02:16:49 PM  

Jeff Hunt, representing Colorado Christian University, spoke against the bill.  He discussed the over-use of cannabis, especially among those in the industry.   He answered questions about medical marijuana and house-bound patients. 

The committee members and bill sponsor discussed illegal grow operations, the black market, delivery restrictions, and the role of the Marijuana Enforcement Division. 

02:25:19 PM  

Allyson Browne, representing Eaze, spoke in favor of the bill.  She distributed a hand-out about Eaze (Attachment A) and explained that it is a delivery platform that connects consumers with retailers, in order to provide on-demand delivery of cannabis products.  She explained the process in California and the number of deliveries facilitated.  She also discussed geo fencing and the age and identity verification process.  She reported that eight states have legalized delivery of marijuana in some form or other, and it has curbed illicit marijuana delivery.  She answered questions from the committee regarding tipping, banking issues, and daily purchase limits. 

 

 

02:31:00 PM  

Sarah Klein, representing the Epilepsy Foundation, spoke in favor of the bill.  She emphasized that a cannabis delivery system would be useful for those suffering from intractable or uncontrolled epilepsy.  

02:33:55 PM  

Matthew Kahl, representing Veterans for Natural Rights, spoke in support of the measure.  He discussed medical marijuana and veterans.

02:49:03 PM  

Martha Montemoyer, representing Health Choices Unlimited, testified in favor of the bill.  She discussed caregivers and the problems of securing medical marijuana in rural areas.  She distributed a pamphlet about medical marijuana (Attachment B).

02:52:06 PM  

David LaRose, representing himself as a Marine Corps veteran, spoke in support of the bill.  He shared his personal story and discussed the need for a reliable way to receive medical marijuana.

02:55:28 PM  

Stacey Linn, representing the CannAbility Foundation, spoke in favor of the bill.  She discussed the use of medical marijuana by children for intractable medical conditions and the related difficulties that caregivers or parents face in obtaining it.

 

 

02:59:41 PM  

Kristi Kelly, representing the Marijuana Industry Group, spoke in support of the bill.  She reported that a delivery program would increase safety and close the loop created by black market. 

03:03:53 PM  

Jason Thomas, representing the Law Enforcement Action Partnership, testified in favor of the measure.  He brought up points about safety and accurate tax collections.

03:07:13 PM  

Joe Megysey, representing Good Chemistry, spoke in support of the bill.  He emphasized that home delivery is the wave of the future in retail, and the bill represents a common sense business approach.  He also stated home delivery is one step forward in normalizing the marijuana industry. 

03:10:45 PM  

Michelle Walker, representing Mothers Advocating Medical Marijuana for Autism, testified in favor of the bill.  She described her son's epilepsy and the use of medical marijuana to curtail seizures.  She also reported that she does not support an amendment to limit delivery to those 21 and older. 

03:14:48 PM  

Amy Dawn Bourlon-Hilterbran, representing American Medical Refugees, spoke in favor of the bill.  She stated that medical marijuana has been scientifically proven to work and a delivery service would help patients. 

03:17:58 PM  

Anthony Suggs, representing the Episcopal Church in Colorado, testified in favor of the bill. He provided faith-based and other reasons for his support. 

03:20:23 PM  

Shawn Coleman, representing Terrapin Care Station, spoke in support of the bill.  He made comparisons to alcohol delivery and said home delivery for marijuana is a step in the right direction. 

03:23:58 PM  

Marcie Cooper, representing herself as a registered nurse, testified in favor of the measure.  She discussed her husband's need for medical marijuana as well as provided other patient examples.

03:27:46 PM  

Kevin Gallagher, representing Craft Concentrates, spoke in support of the bill.  He emphasized that medical patients need access to medications. 

03:30:34 PM  

Joseph Gallagher, representing himself, spoke in favor of the measure.  He discussed his lifetime of chronic and severe pain and the stigmitizing of patients.  

03:31:49 PM  

Andrew Mieure, representing himself and Top Shelf Budtending, spoke in favor of the bill.  He described how medical marijuana has helped with his panic attacks and other medical issues.  He suggested that a delivery service is a good solution for the homebound.

03:33:08 PM  

Brandon Wark, representing Advancing Colorado, spoke in support of the bill.  He made points about illegal deliveries and safety.

03:35:44 PM  

Timothy Ruybal, representing Dyspense Technologies, spoke in support of the bill.  He discussed tactical and other issues related to tracking packages and distributed a hand-out (Attachment C).

03:37:06 PM  

Melanie Rose Rodgers, representing herself, testified in support of the bill.  She weighed in on the benefits of a pilot program.

03:38:12 PM  

Jim Burack, representing the Marijuana Enforcement Division in the Department of Revenue, provided neutral testimony on the bill. He raised concerns about regulation, age and identity verification, labelling, packaging, security, currency and jurisdictional boundaries. 

03:41:53 PM  

Dominique Mendiola, representing the Marijuana Enforcement Division in the Department of Revenue, provided neutral testimony.  She raised questions about the bill and pointed out disparities between the medical and recreational marijuana code.  She also discussed other technical issues.

Discussion followed regarding geographical boundaries for delivery, the rule making process, safeguards in a controlled versus uncontrolled environment, public safety, and effective implementation if the bill were to pass. 

 

04:02:01 PM  

Mary Caniglia, representing herself, testified in support of the bill.  She discussed migraines and driving while impaired. 

04:07:14 PM  

Senator Neville made closing remarks.  He asked that the bill be laid over to address some of the concerns raised during the hearing. 

Senator Gardner laid the bill over until further notice. 

The committee took a short recess. 



HB18-1156 - Amended, referred to the Committee of the Whole - Consent Calendar


04:10:41 PM  

The committee was called back to order.  

Senator Holbert explained HB18-1156, concerning limitations on penalties for truancy.  He explained the detrimental effects of incarcerating kids for truancy.

04:33:16 PM  

Terry Scanlon, representing the Colorado Judicial Department, provided neutral testimony on the bill and answered questions from the committee.  He discussed the underlying issues of truancy and discussed the amendment from the House which allows individual courts to develop their own truancy plans. He also noted that there has been a decline in the use of detention for truants. 

04:42:36 PM  

Meg Williams, representing the Division of Criminal Justice in the Department of Public Safety, provided neutral testimony on the bill.  She cited statistics and studies about the detrimental effects, such as low high school graduation rates, of detaining truant kids.  She reminded committee members that truancy is a status offense and not a crime that warrants detention.

04:46:43 PM  

Elizabeth Logeman, representing the Colorado Juvenile Defender Center, testified in support of the bill.  She discussed truancy, graduation rates, and racial disparity. 

04:50:48 PM  

Stacie Colling, representing the Office of Alternative Defense Counsel, spoke in favor of the bill.  She read into the record a statement from an attorney regarding a truancy case.

04:55:55 PM  

Linda Weinerman, representing the Colorado Office of the Child's Representative, testified in support of the bill.  She discussed guardians ad litem, child welfare, and mental health issues in relation to truancy.

Leslie Colwell, representing the Colorado Children's Campaign, spoke in favor of the bill.  She discussed costs of detention and suggested intervention as an alternative course of action.

A position statement from the Disability Law Colorado was distributed the committee members (Attachment D).

Amendment L.012 was distributed and discussed (Attachment E).

 

 

 

 



05:01:13 PM
Motion Adopt amendment L.012
Moved Gardner
Seconded
Coram
Fields
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


05:04:19 PM
Motion Refer House Bill 18-1156, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Kagan
Seconded
Coram Yes
Fields Yes
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


05:04:48 PM   Committee Adjourned






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