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s_blt_2016a_2016-02-17t14:05:47z2 Hearing Summary

Date: 02/17/2016



Final

BILL SUMMARY for SB16-040



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY


Votes: View--> Action Taken:
Adopt amendment L.001, as amended. The motion pass

Adopt amendment L.002. The motion passed without o

Adopt amendment L.003, as amended. The motion pass

Adopt amendment L.005. The motion passed on a vote

Adopt amendment L.006. The motion passed without o

Adopt amendment to L.001 page 1, line 19 after "CO

Adopt amendment to L.003, page 1 line 18 strike "S

Refer Senate Bill 16-040, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS

Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS







03:48 PM -- SB16-040



Senator Holbert introduced Senate Bill 16-040, concerning marijuana owner changes. The bill modifies the ownership requirements for medical and retail marijuana licenses to allow U.S. citizens who are not Colorado residents to be licensed as owners but requires that a controlling interest of the licensees be Colorado residents. The bill allows for employee profit sharing and payment of commercially reasonable royalties for the use by a licensee of intellectual property without creating an ownership interest. The Marijuana Enforcement Division in the Department of Revenue is authorized to promulgate rules for the parameters of what constitutes a commercially reasonable royalty. Finally, the bill prohibits a publicly traded company from licensure under the Medical and Retail Marijuana Codes. The bill applies to applications made on or after January 1, 2017. Senator Holbert provided amendments L.001, L.002, L.003, L.005, and L.006 (Attachments, E, F, G, H, and I).



160217AttachE.pdf160217AttachE.pdf160217AttachF.pdf160217AttachF.pdf160217AttachG.pdf160217AttachG.pdf160217AttachH.pdf160217AttachH.pdf160217AttachI.pdf160217AttachI.pdf





04:00 PM --
Shawn Coleman, Terrapin Care Station, spoke in opposition to the bill.



04:09 PM --
Meg Sanders, Mindful, spoke in support of the bill. She responded to questions from the committee.



04:19 PM --
Dean Heizer, Livwell Enlightened Health, spoke in support of the bill. He responded to questions from the committee.



04:27 PM --
Brooke Gehring, Patients Choice/Live Green Cannabis, spoke in support of the bill.



04:32 PM --
Kara Miller, Marijuana Industry Group, spoke in support of the bill.



04:34 PM --
Diane Carlson, Smart Colorado, spoke about the bill. She responded to questions from the committee.



04:41 PM --
Andy Williams, Medicine Man, spoke about the bill.



04:46 PM --
Richard Kwessell, Southern Colorado Growers Association, spoke in support of the bill.



04:48 PM --
Stephanie Hopper, Ballpark Holistic Dispensary and the Colorado Cannabis Chamber of Commerce, spoke in support of the bill.



04:51 PM --
Meg Collins, Good Chemistry, spoke about the bill. She responded to questions from the committee.



05:02 PM -- Ron Kammerzell, Department of Revenue, Marijuana Enforcement Division, spoke about the bill. He responded to questions from the committee.



05:32 PM



The committee continued to discuss possible amendments to the bill with Senator Holbert and Mr. Kammerzell.



05:37 PM --
Dave Maggeo, Cheba Chews, spoke in support of the bill.



05:39 PM --
Dan Anglin, Americana, Colorado Cannabis Chamber of Commerce, spoke in favor of the bill. He responded to questions from the committee.



05:48 PM --
Michael Dohr, Office of Legislative Legal Services, responded to questions from the committee.

BILL: SB16-040
TIME: 05:51:30 PM
MOVED: Holbert
MOTION: Adopt amendment L.003, as amended. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 05:52:41 PM
MOVED: Holbert
MOTION: Adopt amendment to L.003, page 1 line 18 strike "SHALL NOT" and substitute "MAY". Page 2, line 15 strike "SHALL NOT" and substitute "MAY". The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 05:53:10 PM
MOVED: Holbert
MOTION: Adopt amendment L.001, as amended. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 05:53:34 PM
MOVED: Holbert
MOTION: Adopt amendment to L.001 page 1, line 19 after "CORPORATION" insert "THAT IS NOT A PUBLICLY TRADED CORPORATION". Page 2, line 11 after "CORPORATION" insert "THAT IS NOT A PUBLICLY TRADED CORPORATION". The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 05:54:15 PM
MOVED: Holbert
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 05:54:50 PM
MOVED: Holbert
MOTION: Adopt amendment L.005. The motion passed on a vote of 8-1.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: SB16-040
TIME: 06:03:20 PM
MOVED: Holbert
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-040
TIME: 06:04:40 PM
MOVED: Holbert
MOTION: Refer Senate Bill 16-040, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS









06:12 PM



The committee adjourned.