Better Bills: New cannabis bills are setting up Colorado for success

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Colorado legislature is in session and there are bills filed that would continue
to refine the regulation of cannabis. These bills are subject to amendments, or
they simply will not pass out of the legislature this year. See what you think
of these below.

House
Bill 15-1090,
sponsored by Representative Timothy Dore, Republican, District 64, which
consists of Baca, Bent, Crowley, Elbert, Kiowa, Las Animas, Lincoln, Prowers
and Washington counties, all or most of which prohibit retail cannabis
businesses in their county. This bill if passed sets up a “grant program” for
any county that has services or budgets that have been impacted by the
cultivation, testing, sale, consumption or regulation of retail cannabis. Any
county can apply for grant money, even if that county bans retail cannabis
businesses. This bill appears to be essentially a bill to provide funding to
law enforcement agencies. It also allows for funding to assist on the impact (of
cannabis) on social services for child welfare and it allows that county to
implement “youth marijuana education.” This bill as written calls for the state
treasurer to transfer 30 percent of the money collected in the Marijuana Tax
Cash Fund to this grant program. So, the counties that ban retail cannabis and thus
do not benefit from those additional local taxes, get to access the statewide
collected taxes without bearing any burden of regulating these businesses or
allowing them to become a positive part of their community.

Senate
Bill 15-136,
sponsored by Senator Owen Hill, Republican, District 10, El Paso county, and
Representative Dan Pabon, Democrat, District 4, Denver county. This bill repeals
the authority of the Department of Revenue, Marijuana Enforcement Division
(MED) to adopt labeling rules for retail cannabis and sets out statutory
requirements for cannabis labeling. The bill sets out guidelines for what
information must be contained on the label of retail cannabis or retail cannabis
products to include: Expiration date, ingredient list, solvent list and
information regarding any allergens. The label must include warning statements,
such as the product contains infused cannabis, intoxicating effects may be
delayed by two hours, possible risks to pregnant and breast feeding women, and
not to operate a vehicle or heavy machinery. The warning to keep out of reach
of children must be in one-quarter inch, bold font. A website name or quick
response code will be on the label allowing the consumer to access information
about the specific product.

House
Bill 15-1036,
sponsored by Representative Jack Tate, Republican, District 37, Arapahoe County.
The bill requires the MED to require the medical cannabis centers display a sign
warning pregnant women about the dangers of using cannabis while pregnant and
prohibiting the center to recommend medical cannabis to a pregnant woman. The
bill was shot down on February 3 in committee.

House
Bill 15-1007
clarifies for the municipalities and counties that in addition to state sales
tax on retail cannabis, they can also levy a local sales tax and a local excise
tax (sin tax), which must be voted on by their constituents and collected and enforced
by the local authorities.