MEDICAL EQUIVALENCY BILL

State Representative Chris Kennedy has requested our input on HB 18-0619.0  This bill is still in its infancy, so we have a chance to hopefully add in some protections for patients and physicians in regard to ounce counts.   Previous attempts to have CDPHE define or clarify ounce counts written by physicians for patients have proved fruitless.  Two well reported jury decisions – one in 2011 and another last November – both agreed that patients should be able to keep the entirety of thier harvest from legally grown medical marijuana.  Yet there remains no “clear line” for law enforcement with regards to possession or transportation.

Here’s the language I am proposing for this bill:

“The following equivalency is hereby established to assist law enforcement with preventing transportation of excessive amounts of medical marijuana by patients and caregivers, with the goal of reducing both intentional and unintentional transportation of Colorado medical marijuana across state lines. As it is impossible to predict or establish a standardized yield of usable medical marijuana (and therefore usable concentrate) from any given marijuana plant, this equivalency is established for transportation enforcement only. Usable marijuana flower, concentrates, and/or marijuana infused products (such as edibles, alcohol based tinctures, or cooking oils) in excess of the standard two ounces or amount recommended by the patient’s physician, that is the result of or harvest from a legal grow or obtained legally for medical use by the patient and/or their caregiver or designated dispensaries (also known as “centers”) remains legal for possession when stored in a secure location at one of the following premises: the patients home or registered grow site; the caregivers home or registered grow site; or the patients designated dispensary or their registered grow site.

Medical equivalency of one ounce by weight of usable, whole plant marijuana flower to concentrated hash oil is hereby defined as approximately 8 grams by weight of hydrocarbon extracted concentrate. As concentrates can contain up to or above 90% THC, an equivalent amount of marijuana infused products (such as edibles, alcohol based tinctures, or cooking oils) would be 8,000 milligrams times .9 or 7,200 milligrams THC in total, per ounce of usable flower. Thus a patient with the standard two ounce limit could purchase any combination of flower and/or up to a total of 14,200 mgs of THC in concentrate or infused product form.  An example might be one ounce of flower plus two grams concentrate for vaporizing, plus ten 500mg candy bars. The patient is liable to enforcement of equivalent ounce and concentrate limits while purchasing marijuana from a dispensary or caregiver and while transporting such marijuana from legal purchase to thier legal storage premises.”

SEND ME YOUR COMMENTS! Or better yet, come to the meeting on Wenesday about this important topic.

Best,

Martha Montemayor