170D95F60055D89D872582270070D62D Hearing Summary

The committee was called to order.  A quorum was present. Representative Lebsock, prime sponsor, presented House Bill 18-1110, concerning protecting Colorado citizens who are engaged in an act that is protected by the Colorado Constitution from outside agencies. Representative Lebsock explained the effect of the bill and discussed its need. He read an e-mail from Mr. David Kopel in support of the bill (Attachment A).  Representative Lebsock responded to questions regarding why "residents" are not included within the scope of the bill.

Representative Lebsock responded to questions regarding the impact of the bill on undocumented Colorado residents, and the effect of the bill on resolving conflicts between the federal and state constitutions.  Representative Lebsock responded to further questions regarding his position on the U.S. Constitution's supremacy clause.  Discussion ensued regarding the the definition of "knowingly" in the bill, and the point at which a state official must cease activities that may violate a person's rights under the Colorado Constitution.

Discussion ensued regarding the ability of state officials to know the breadth of activity protected by the Colorado Constitution, and sanctions provided by the bill for actions undertaken by state officials in violation of the bill.  Representative Lebsock responded to questions regarding who determines lawful presence for the purposes of HB 18-1110, and certain potentially ambiguous language in the bill.

The following persons testified regarding HB 18-1110: Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified in support of the bill. Mr. Warf explained how the bill will help the marijuana industry avoid federal intervention.  Discussion returned to the lack of protection for Colorado residents as a class under the bill, and the potential for narrowing the scope of the bill to address marijuana only.

Mr. Warf provided an overview of Colorado's constitutional amendments pertaining to marijuana, and the classes of individuals that would be protected by the bill.

Ms. Jenna Ellis, representing the Commission for the Protection of Constitutional Rights, testified in opposition to the bill.  Ms. Ellis explained that the bill would create a "sanctuary state" in Colorado for immigration purposes and would create separation of powers issues.  Ms. Ellis responded to questions regarding whether the bill encourages state officials to neglect their duties under the "knowingly" element of the bill.

Mr. Mike Horn, representing the Colorado State Patrol and the Association of Colorado State Patrol Professionals, Mr. John Camper, Director of the Colorado Bureau of Investigation, Ms. Cynthia Kowert, representing the Attorney General's Office, and Mr. Sean Harper, representing the Fraternal Order of Police, testified in opposition to the bill.  Mr. Camper explained that state law enforcement are already bound to uphold the state constitution.  He also explained that the bill will lead to confusion, might inhibit information sharing among agencies, and could be ruled unconstitutional.  Ms. Kowert discussed the burdens the bill may place on law enforcement.  Mr. Harper discussed the difficulties that the bill may create in terms of cooperation between various law enforcement agencies.  Mr. Harper responded to questions regarding how the bill may affect officers serving on federal task forces.  Mr. Horn provided further input regarding how the bill might inhibit interagency cooperation.  Discussion ensued regarding policing of marijuana-related activities protected under the Colorado Constitution.

Ms. Jessica LeRoux, representing herself, testified in support of HB 18-1110.  Ms. LeRoux addressed statements made during earlier testimony, and discussed police activity in Colorado that may impact medical marijuana patients.

Mr. Nick LoVuolo, representing himself, testified in support of the bill. Mr.  LoVuolo discussed police activity with regard to marijuana in Colorado that may violate the Colorado Constitution.  Discussion ensued regarding the term "lawful" in the bill.

Representative Melton explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the merits of the amendment.

Various committee members provided their positions on HB 18-1110.  The committee recessed.