Sen. Vicki Marble

The bill repeals statutory provisions: Prohibiting the possession of certain ammunition magazines; and Requiring each of certain ammunition magazines that are manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.(Note: This summary applies to this bill as introduced.)

Prohibiting posting image of a minor committing suicide - class 3 misdemeanor - exceptions. The act prohibits a person from intentionally posting or distributing, through the use of social media or any website, or disseminating through other means, an image of a minor attempting suicide, dying by suicide, or having died by suicide, with the intent to harass, intimidate, or coerce any person, and the posting or distribution results in serious emotional distress to any person. It is a class 3 misdemeanor for the first person who posts, distributes, or disseminates the image, for all others it is a civil infraction with a $100 penalty. It is not an offense if the posting or distribution of the image is a fictional work or a documentary; related to a matter of public interest or public concern; related to the reporting of unlawful conduct; or is the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment. The act is known as "Lil' Von Mercado's Law".(Note: This summary applies to this bill as enacted.) Read More

Marijuana - hospitality establishments - retail hospitality spaces and sales establishments - marijuana hospitality establishment licensing - rules - appropriation. Subject to approval by both the state and local licensing authorities, the act authorizes marijuana hospitality spaces (hospitality spaces) in which medical and retail marijuana may be consumed on site and retail marijuana hospitality and sales establishments in which retail marijuana, retail marijuana concentrate, and retail marijuana products may be sold and consumed on site. Subject to local approval, the act authorizes a retail food establishment to apply for a marijuana hospitality establishment license for a specified portion of the retail food establishment but prohibits an entity from having both a marijuana hospitality establishment license and a liquor license for the same premises. The act establishes requirements and prohibitions for the new hospitality spaces and requires the state licensing authority to promulgate rules governing the new marijuana hospitality establishment licenses and hospitality spaces. The act makes smoking marijuana in the hospitality spaces an exception to the "Colorado Clean Indoor Air Act". For the 2019-20 state fiscal year, the act appropriates $399,479 from the marijuana cash fund to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Industrial hemp - alignment with federal law - state plan of regulation. In 2018, the federal government enacted the "Agricultural Improvement Act of 2018" (federal act), which removed hemp from schedule I of the federal "Controlled Substances Act". The federal act requires the United States department of agriculture (USDA) to develop a plan for the regulation of hemp and authorizes each state to seek approval from the USDA to have primary regulatory authority over hemp production within the state by preparing and submitting a state plan of regulation to the secretary of the USDA. The act updates the laws governing Colorado's industrial hemp regulatory program to align with the federal act and to put the department of agriculture in a position to prepare and submit a state plan to the secretary of the USDA. (Note: This summary applies to this bill as enacted.) Read More

Industrial hemp - regulation of industrial hemp products - increased wholesale food manufacturer fee - stakeholder process - local regulation. Section 1 of the act sets the annual registration fee that a wholesale food manufacturer that produces an industrial hemp product is required to pay to the department of public health and environment at $300, regardless of the manufacturer's gross annual sales. Section 1 also authorizes the department to convene a stakeholder work group to study the regulation of industrial hemp products. Sections 2 and 3 authorize local governments to charge a local licensing fee and adopt ordinances or resolutions regulating businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp or industrial hemp products if the ordinances or resolutions do not conflict with state law. (Note: This summary applies to this bill as enacted.) Read More

Regulated marijuana - delivery - rule-making authority - surcharge - limitations - local authorization - appropriation. The act creates marijuana delivery permits for licensed medical marijuana centers and transporters and licensed retail marijuana stores and transporters that allow the centers, stores, and transporters to deliver medical marijuana, medical marijuana-infused products, retail marijuana, and retail marijuana products to customers. The act gives the state licensing authority rule-making authority over the permit and delivery system. The act specifies that a permit is valid for one year and may be renewed with the associated license. A one-dollar surcharge is assessed on each delivery, and that money is remitted to the municipality where the center or store is located, or to the county if the center or store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Deliveries are limited to one per day, limited to private residences, and may not be made to college campuses. The act provides protection against criminal prosecution for those making the deliveries. Delivery is only allowed in a jurisdiction if that jurisdiction has voted to allow delivery either by referendum or by the governing board of the jurisdiction. Medical marijuana delivery permitting for medical marijuana centers begins on January 2, 2020, and medical marijuana delivery permitting for medical marijuana transporters, and all retail marijuana delivery permitting, begins on January 2, 2021. The act requires responsible vendor training programs to include marijuana delivery training. For the 2019-20 state fiscal year, the act appropriates $390,152 from the marijuana cash fund to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More

Pretrial release - post bond within 2 hours - nominal processing fees - release 4 hours after posting bond - release even if costs or fees need to be paid - plan for bond hearing within 48 hours - application of bond toward fees, costs, fines, restitution, or surcharges. The act creates rights for defendants related to release on bond as follows: Unless extraordinary circumstances exist, a defendant must be allowed to post bond within 2 hours after the sheriff receives the bond information from the court; Unless extraordinary circumstances exist, a defendant cannot be charged more than a $10 bond processing fee and not charged any additional transaction fees including kiosk fees; except that a standard credit card processing fee may be charged when a credit card is used; Unless extraordinary circumstances exist, the custodian of a jail has to release a defendant within 4 hours after the defendant has posted bond and is physically present in the jail; except that, if the defendant needs to be fitted for an electronic monitoring device, then the 4-hour period does not apply; and If a defendant has been granted bond and can meet the terms of the bond, the court shall release the defendant even if the defendant is unable to pay a fee or cost. The act requires the chief judge of each judicial district to develop a plan for setting bond for all in-custody defendants within 48 hours of arrest. In developing the plan, county commissioners, sheriffs, and district attorneys shall provide the chief judge cost estimates of feasibility as well as any potential savings from the proposal, including jail bed costs and savings. No later than November 1, 2019, the state court administrator's office shall report to the judiciary committees of the house of representatives and the senate the plans for all 22 judicial districts, not including the Denver county court. The report must include an estimate of resources necessary to implement a 48-hour requirement. Under current law, a defendant's bond deposit can be applied to court costs, fees, fines, restitution, or surcharges owed by the defendant. The act allows application of the bond if the defendant posted the bond and agrees in writing to allow it to be used for such purposes. The act prohibits that application if the bond was posted by a third party. (Note: This summary applies to this bill as enacted.) Read More

Controlled substances - possession offenses - sentencing - substance use and mental health treatment - appropriation. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony. The act makes possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor. The act clarifies that a person may not be arrested for the petty offense of possession of not more than 2 ounces of marijuana. A court may issue a warrant for arrest of a person who fails to appear in court as required by a summons for that possession offense. A court is permitted to suspend a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" when the sentence interferes with treatment or other probation requirements imposed by the court. A court is not required to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Only those convicted of a felony drug offense must submit to the fingerprinting and photographing requirements of the "Uniform Controlled Substances Act of 2013". Persons convicted of the level 1 drug misdemeanors related to unlawful possession of a controlled substance and possession of marijuana or marijuana concentrate may be punished by a sentence of up to 180 days in the county jail or 2 years probation, with up to 180 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 364 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $1,000 fine. Persons convicted of the level 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors may be punished by a sentence of up to 120 days in the county jail or one year probation, with up to 120 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 180 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $500 fine. The community substance use and mental health services grant program is established in the department of local affairs to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by, persons who come into contact with the criminal justice system. A county is eligible to receive a grant if it provides such treatment services and programs in collaboration with public health agencies, law enforcement agencies, and community-based organizations. For the 2019-20 state fiscal year, $123,139 is appropriated from the general fund to the judicial department for probation programs to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Medical marijuana - disabling medical conditions - conditions for which a physician could prescribe an opioid. The act adds a condition for which a physician could prescribe an opioid to the list of disabling medical conditions that authorize a person to use medical marijuana for his or her condition. Under current law, a child under 18 years of age who wants to be added to the medical marijuana registry for a disabling medical condition must be diagnosed as having a disabling medical condition by 2 physicians, one of whom must be a board-certified pediatrician, a board-certified family physician, or a board-certified child and adolescent psychiatrist who attests that he or she is part of the patient's primary care provider team. The act removes the additional requirements on specific physicians to align with the constitutional provisions for a debilitating medical condition. The act states if the recommending physician is not the patient's primary care physician, the recommending physician shall review the records of a diagnosing physician or a licensed mental health provider acting within its scope of practice. The act limits a patient with a disabling medical condition who is under eighteen years of age to using medical marijuana only in a nonsmokeable form when using medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.(Note: This summary applies to this bill as enacted.) Read More