S_BLT_2017A 03/01/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY
| Date: | 03/01/2017 |
ATTENDANCE
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| Time: | 01:39 PM to 07:01 PM |
Jahn
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X
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Kerr
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X
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| Place: | RM 271 |
Priola
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X
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Smallwood
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X
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| This Meeting was called to order by |
Williams A.
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X
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| Senator Tate |
Neville T.
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X
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Tate
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X
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| This Report was prepared by | |||
| Jeanette Chapman | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB17-1034 SB17-184 SB17-063 SB17-187 SB17-192 |
Referred to the Committee of the Whole - Consent Calendar Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole - Consent Calendar Witness Testimony and/or Committee Discussion Only |
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01:39 PM -- HB 17-1034
Senator Baumgardner introduced House Bill 17-1034, concerning medical marijuana licensing issues. The reengrossed bill conforms the medical marijuana code to the retail marijuana code by creating a license for medical marijuana business operators and allowing medical marijuana licensees to relocate anywhere in Colorado if state and local permission is granted. The bill requires the Marijuana Enforcement Division (MED) in the Department of Revenue (DOR) to give a licensee an opportunity to remediate a product if a test indicates the presence of a microbial in the product. If the licensee is unable to remediate the product, then the licensee is required to document and destroy the product. The bill also allows medical marijuana-infused products and manufacturers to buy from and sell to another medical marijuana-infused products manufacturer.
01:44 PM -- Jim Burack, Department of Revenue, spoke in support of the bill.
01:47 PM -- Jessica LeRoux, representing herself, spoke about her concerns with the bill.
| BILL: | HB17-1034 | |
| TIME: | 01:50:39 PM | |
| MOVED: | Neville T. | |
| MOTION: | Refer House Bill 17-1034 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Jahn
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Excused
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Kerr
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Yes
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Priola
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Excused
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Smallwood
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Yes
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Williams A.
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Yes
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Neville T.
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Yes
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Tate
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Yes
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Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
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01:51 PM
The committee took a recess.
01:56 PM -- SB 17-184
The committee came back to order and Senator Gardner introduced Senate Bill 17-184, concerning measures to define lawful consumption of marijuana. The bill authorizes the operation of private marijuana clubs that allow for the on-site consumption of medical or retail marijuana in local jurisdictions that adopt ordinances or resolutions authorizing private marijuana clubs. Private marijuana clubs are membership-based and not open to the general public. All members must be 21 years of age or older, and club owners must be Colorado residents for at least 2 years prior to owning the club. In addition;
all club employees must be Colorado residents;
the sale and service of food and alcohol are prohibited except for light snacks;
a club owner cannot sell marijuana on the premises; and
a club owner cannot permit the sale or exchange of marijuana for remuneration on the premises.
The bill defines the terms "open and public" and "openly and publicly" to prohibit marijuana consumption in areas generally open or accessible to the general public such as highways, transportation facilities, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities. Open and public consumption of marijuana is a violation of the Colorado Constitution and Colorado statutes. It is charged as a Class 2 drug misdemeanor under current law. The bill allows local jurisdictions to more strictly define "open and public" through ordinances or resolution which may also include locations and circumstances that are exception to the prohibition on open and public consumption.
02:03 PM -- Robert Corry, representing himself, spoke in opposition to the bill. He responded to questions from the committee.
02:05 PM -- Travis Grimes, representing himself, spoke in opposition to the bill.
02:08 PM -- Dillon Allen, representing himself, spoke in opposition to the bill.
02:15 PM -- RJ Ours, American Cancer Society, spoke in opposition to the bill.
02:19 PM -- Jason Warf, Southern Colorado Cannabis Council, spoke in opposition to the bill.
02:22 PM -- Peter Bialick, GASP Colorado, spoke in opposition to the bill.
02:26 PM -- Michael Skirkanich, Studio A64, spoke in opposition to the bill. He responded to questions from the committee.
02:30 PM -- Alex Kahn, representing himself, spoke in opposition to the bill.
02:31 PM -- Amber Racek, Studio A64, spoke in opposition to the bill. She responded to questions from the committee.
02:58 PM -- Zachary Murphy, Studio A64, spoke in opposition to the bill.
02:59 PM -- JT Jaquess, Studio A64, spoke in opposition to the bill.
03:02 PM -- Wanda Stark, Studio A64, spoke in opposition to the bill.
03:05 PM -- Bob Doyle, American Lung Association, spoke in opposition to the bill.
03:07 PM -- Ken Heldal, representing himself, spoke in opposition to the bill.
03:10 PM -- Ashley Weber, Colorado NORML, spoke in support of the bill.
03:13 PM -- William Wofford, Studio A64, spoke in opposition to the bill.
03:17 PM -- Robert Chase, Colorado Coalition for Patients and Caregivers, spoke in opposition to the bill.
03:24 PM -- Courtney Barnes, Vicente Sederberg, spoke in support of the bill.
03:25 PM -- Kristin Karas, representing herself, spoke in support of the bill.
03:26 PM -- Fran Lanzer, Mothers Against Drunk Driving, spoke neutrally on the bill.
03:31 PM -- Christian Sederberg, Vicente Sederberg, spoke in support of the bill.
03:34 PM -- Andrea Fasoli, Denver NORML, spoke in support of the bill.
03:36 PM -- Judd Golden, NORML, spoke in support of the bill. He responded to questions from the committee.
03:45 PM -- Jordan Person, NORML, spoke in support of the bill. She responded to questions from the committee.
03:47 PM -- Priscilla Solis, NORML, spoke in support of the bill.
03:48 PM -- Kevin Mahmalji, NORML, spoke in support of the bill. He responded to questions from the committee.
03:56 PM -- Chris Jetter, representing himself, spoke in opposition to the bill.
04:00 PM -- Ty Link, representing herself, spoke about the bill.
04:01 PM -- JM Fay, representing herself, spoke in opposition to the bill.
04:03 PM -- Emmett Reistroffer, Denver Relief Consulting, spoke in support of the bill.
04:06 PM -- Kobi Waldfogel, representing himself, spoke in support of the bill.
04:07 PM -- Jessica LeRoux, representing herself, spoke about the bill. She responded to questions from the committee.
04:16 PM
Senator Gardner discussed questions raised in testimony. Committee discussion ensued.
04:20 PM -- Shawn Coleman, Terrapin Care Station, spoke in support of the bill. He responded to questions from the committee.
04:24 PM -- Stacy Linn, representing herself, spoke in support of the bill. She responded to questions from the committee.
04:27 PM -- Kevin Bommer, Colorado Municipal League, spoke in favor of the bill. He discussed possible amendments. He responded to questions from the committee.
04:48 PM -- Nicholas Phillips, representing himself, spoke in support of the bill.
04:51 PM
Senator Gardner made closing comments on the merits of the bill. He provided amendment L.001 (Attachment A) to the committee.
170301 AttachA.pdf
| BILL: | SB17-184 | |
| TIME: | 04:55:01 PM | |
| MOVED: | Kerr | |
| MOTION: | Adopt amendment L.001. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Jahn
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Kerr
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Priola
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Smallwood
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Williams A.
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Neville T.
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Tate
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-184 | |
| TIME: | 04:56:23 PM | |
| MOVED: | Neville T. | |
| MOTION: | Adopt amendment L.002 (Attachment B). The motion failed on a vote of 2-5. | |
| SECONDED: | ||
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VOTE
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Jahn
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No
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Kerr
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No
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Priola
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No
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Smallwood
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Yes
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Williams A.
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No
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Neville T.
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Yes
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Tate
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No
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YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-184 | |
| TIME: | 05:02:33 PM | |
| MOVED: | Kerr | |
| MOTION: | Refer Senate Bill 17-184, as amended, to the Committee of the Whole. The motion passed on a vote of 5-2. | |
| SECONDED: | ||
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VOTE
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Jahn
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Yes
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Kerr
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Yes
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Priola
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Yes
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Smallwood
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No
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Williams A.
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Yes
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Neville T.
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No
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Tate
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Yes
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Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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05:08 PM -- SB 17-063
The committee took a brief recess.
05:16 PM
The committee reconvened. Senator Marble provided amendment L.005 (Attachment D) and L.006 (Attachment E) to the committee. The committee heard testimony on the bill on February 21, 2017 and received amendment L.002 (Attachment C) at that time. Senator Marble discussed her amendments.
170301 AttachD.pdf170301 AttachE.pdf 170301 AttachC.pdf
| BILL: | SB17-063 | |
| TIME: | 05:20:22 PM | |
| MOVED: | Priola | |
| MOTION: | Adopt amendment L.005. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Jahn
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Kerr
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Priola
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Smallwood
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Williams A.
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Neville T.
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Tate
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-063 | |
| TIME: | 05:20:35 PM | |
| MOVED: | Priola | |
| MOTION: | Adopt amendment L.006. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Jahn
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Kerr
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Priola
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Smallwood
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Williams A.
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Neville T.
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Tate
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-063 | |
| TIME: | 05:28:28 PM | |
| MOVED: | Kerr | |
| MOTION: | Adopt amendment L.004 (Attachment F). The motion failed on a vote of 2-5. | |
| SECONDED: | ||
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VOTE
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Jahn
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No
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Kerr
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Yes
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Priola
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No
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Smallwood
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No
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Williams A.
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Yes
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Neville T.
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No
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Tate
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No
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YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-063 | |
| TIME: | 05:33:01 PM | |
| MOVED: | Priola | |
| MOTION: | Adopt amendment L.002. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Jahn
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Kerr
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Priola
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Smallwood
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Williams A.
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Neville T.
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Tate
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-063 | |
| TIME: | 05:33:54 PM | |
| MOVED: | Priola | |
| MOTION: | Refer Senate Bill 17-063, as amended, to the Committee on Finance. The motion failed on a vote of 1-6. | |
| SECONDED: | ||
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VOTE
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Jahn
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No
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Kerr
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No
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Priola
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No
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Smallwood
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No
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Williams A.
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No
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Neville T.
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Yes
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Tate
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No
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YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-063 | |
| TIME: | 05:48:27 PM | |
| MOVED: | Priola | |
| MOTION: | Postpone Senate Bill 17-063 indefinitely. The motion passed on a vote of 6-1. | |
| SECONDED: | ||
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VOTE
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Jahn
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Yes
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Kerr
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Yes
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Priola
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Yes
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Smallwood
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Yes
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Williams A.
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Yes
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Neville T.
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No
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Tate
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Yes
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Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB17-063 | |
| TIME: | 05:26:31 PM | |
| MOVED: | Kerr | |
| MOTION: | Adopt amendment L.003 (Attachment G). The motion failed on a vote of 1-6. | |
| SECONDED: | ||
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VOTE
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Jahn
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No
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Kerr
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Yes
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Priola
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No
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Smallwood
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No
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Williams A.
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No
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Neville T.
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No
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Tate
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No
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YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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170301 AttachG.pdf
05:49 PM -- SB 17-187
Senator Crowder introduced Senate Bill 17-187, concerning the authority of an exemption to the residency requirement for education-related marijuana occupational licenses. The bill allows the MED in the DOR to exempt the medical or retail marijuana occupational license residency requirement for up to one year for someone participating in a marijuana-based workforce development or education program. Senator Crowder provided amendment L.001 (Attachment H) to the committee.
170301 AttachH.pdf
05:52 PM -- Priscilla Solis, Med Badge Help, spoke in support of the bill.
05:53 PM -- Will Metcalfe, Inspyre, spoke in support of the bill.
05:56 PM -- Jordan Wellington, Vicente Sederberg, spoke in support of the bill.
06:00 PM -- Joe Hodas, Dixie Brands, spoke in support of the bill.
06:01 PM
Senator Crowder made closing comments on the merits of the bill.
| BILL: | SB17-187 | |
| TIME: | 06:03:18 PM | |
| MOVED: | Neville T. | |
| MOTION: | Adopt amendment L.001. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Jahn
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Kerr
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Priola
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Smallwood
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Williams A.
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Neville T.
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Tate
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-187 | |
| TIME: | 06:03:51 PM | |
| MOVED: | Neville T. | |
| MOTION: | Refer Senate Bill 17-187, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0. | |
| SECONDED: | ||
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VOTE
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Jahn
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Yes
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Kerr
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Yes
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Priola
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Yes
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Smallwood
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Yes
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Williams A.
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Excused
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Neville T.
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Yes
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Tate
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Yes
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Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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06:05 PM -- SB 17-192
Senator Neville introduced Senate Bill 17-192, concerning provisions to allow marijuana businesses to operate more efficiently. He discussed a pending strike-below amendment to the bill. As currently drafted, the bill allows for the delivery of medical marijuana, concentrate, infused products, and retail marijuana and retail marijuana products to private residences, as well as a single-instance transfer of retail marijuana and retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. It also moves the authority and timing of the determination of the average market rate of retail marijuana used to calculate excise taxes. Senator Neville responded to questions from the committee.
06:13 PM -- Chief John Jackson, Colorado Association of Chiefs of Police, spoke in opposition to the bill. He responded to questions from the committee.
06:22 PM -- Eric Bergman, Colorado Counties, Inc., spoke in opposition to the bill. He provided a handout to the committee (Attachment I).
170301 AttachI.pdf
06:24 PM -- Chris Johnson, Colorado County Sheriffs, spoke in opposition to the bill.
06:27 PM
Senator Neville responded to questions from the committee.
06:29 PM -- Kevin Bommer, Colorado Municipal League, spoke about the possible amendment.
06:30 PM -- Henny Lasley, SMART Colorado, spoke in opposition to the bill. She responded to questions from the committee.
06:39 PM -- Meg Collins, Good Chemistry, spoke in support of the bill.
06:43 PM -- Elizabeth Conway, Eaze Solutions, spoke in support of the bill. She provided a handout to the committee (Attachment J). She responded to questions from the committee.
170301 AttachJ.pdf
06:47 PM -- Jeannine Machon, Colorado Cannabis Chambers of Commerce, spoke in support of the bill.
06:50 PM -- Dean Heizer, LivWell Enlightened Health, spoke in support of the bill.
06:53 PM -- Kevin Gallagher, Craft, spoke in support of the bill. He provided a handout to the committee (Attachment K).
170301 AttachK.pdf
06:56 PM -- Nicholas Phillips, representing himself, spoke in support of the bill.
06:57 PM -- Jessica LeRoux, representing herself, spoke in support of the bill.
07:01 PM
Senator Tate laid the bill over for action at another date and the committee adjourned.