City Council Study Session Agenda and Packet 2010 10 26

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WRITER SQUARE OFFICE TOWER 1512 LARIMER STREET, SUITE 300 DENVER, COLORADO 80202 LIGHT, KELLY & DAWES, P.C. ATTORNEYS AT LAW MEMORANDUM TO: Malcolm Fleming, City Manager City of Lo . sville FROM: Sam Ligh Laura Heinric DATE: May 25, 2010 11 TEL. (303) 298 -1601 FAX (303) 298 -1627 E -MAIL Iheinrich@lkdpc.com lkdpc.com SUBJECT: House Bill 10 -1284 Concerning the Regulation of Medical Marijuana Introduction. This memo is to provide an overview of the regulatory options available to municipalities with respect to medical marijuana under H.B. 10 -1284 ( "Bill "), which was approved by the Colorado House of Representatives on May 11, 2010. Governor Bill Ritter has stated that he plans to sign the Bill into law. If signed into law, the provisions discussed in this memo will take effect on July 1, 2010. A copy of the Bill as approved by the House of Representatives is attached for your review. Amendment 20 Background Information. In 2000 Colorado voters passed Amendment 20 to the Colorado Constitution, legalizing the "medical use of marijuana for persons suffering from debilitating medical conditions. " Colo. Const. Art. XVIII, § 14. Amendment 20 creates an exception to the state's criminal laws for any "patient " or "primary caregiver " in lawful possession of a registry identification card to engage or assist in the medical use of marijuana. Id. at § 14(2)(b). It also permits physicians to authorize medical marijuana use for patients who have been diagnosed with debilitating medical conditions. Id at § 14(2)(c). A patient is prohibited, however, from engaging in the medical use of marijuana in a way that endangers the After H.B. 10 -1284 is signed into law, portions will be codified as a new article, Article 43.3, of the Colorado Revised Statutes to be cited as the Colorado Medical Marijuana Code. The Bill also amends other existing statutes. 2 "Medical use" is defined as "the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by this section." Colo. Const. Art. XVIII, § 14(1)(b). 3 "Debilitating medical condition," is defined to include, among other things, cancer, glaucoma, or a chronic or debilitating disease or medical condition that produces seizures or severe pain or nausea. Colo. Const. Art. XVIII, § 14(1)(a). 4 "Patient" means a person who has a debilitating medical condition. Colo. Const. Art. XVIII, § 14(1)(d). S "Primary caregiver" is defined as "a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well -being of a patient who has a debilitating medical condition." Colo. Const. Art. XVIII, § 14(1)(f).