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Bill #: 5887
Regulating medical cannabis
Companion bill #: No Companion Bill.
Summary/AWC comments
Currently there is no state agency with regulatory oversight of
medical cannabis. Health care professionals canrecommend the use of
marijuana to his or her patients. These patients who have valid
documentation may assertan affirmative defense at trial for various
marijuana charges, but do not have arrest protection.
This bill would seek to regulate medical cannabis through the
LIquor Control Board (LCB).The bill establisheslicensing and
taxation requirements for medical marijuana and makes other various
changes:
Requires a patient to complete an in-person exam with their
medical provider prior to receiving anauthorization for medical
marijuana.
Requires medical marijuana producers, processors, and
dispensaries to be licensed by the (LCB). The LCBhas until July 1,
2014, to implement a licensing program. Collective gardens are not
required to belicensed.
Provides arrest protection to owners, employees and members of
licensed dispensaries. Providesimmunity from criminal and civil
penalties to licensed medical cannabis producers and processors
andtheir employees.
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Makes minor changes to the collective garden provisions to say
that 10 qualifying patients may participatein a single collective
garden per day, instead of at any time. The collective garden
section also includes aveto provision that says if the Governor
vetoes any part of the act, then the collective garden
sectiondoesnt take effect.
Retains language providing cities authority over zoning, land
use, business licensing, and health and safetyrequirements. It also
retains language that preempts cities from banning medical cannabis
dispensaries.This language was included in the law in 2011, but
referenced licensed dispensaries, which didnt exist
because there was no state licensing in place. Imposes a new 20%
excise tax on the wholesale sale of medical cannabis to a processor
or dispensary. It
does not include a special excise tax on the retail sale of
medical marijuana. The revenue collected willgo to the state
general fund.
There are concerns that it will be difficult for the legal
recreational marijuana market created by I-502 tocompete with the
unregulated and untaxed medical marijuana market. Some in the
medical marijuana industryhave long sought legitimacy through a
state licensing process. This bill appears to try to address both
of theseissues. However, we are sensitive to the impacts these
changes may have on cities.
