Legislative Council Comments

Select Questions from the Colorado Legislative Council On AMR's Proposed Medical Marijuana Initiative November 26, 1997

15. Pursuant to paragraph (c) subsection (3), what do the proponents envision the state agency doing to “verify” medical information?

19. Paragraph (f) of subsection (3) addresses the designation of a primary care-giver and authorizes that person to act in that “capacity”. What do the proponents intend to be the “capacity” of the primary care-giver? Is it to administer the drug? Does this person have liability if the drug is not administered properly?

21. Paragraph (h) of subsection (3) directs a patient to return the registry identification card within 24 hours of receiving a diagnosis that he or she no longer has a debilitating medical condition. What if the patient no longer suffers from severe pain but has not been diagnosed? Must the patient return the card? How does this provision apply in the event of the patient’s death? Could this provision discourage persons from seeking out follow-up medical care from their physicians?

22. Subsection (4) identifies the amount of marijuana that may be legally possessed. However, would the proponents agree that the appropriate amount of marijuana may vary depending on its strength, purity, and form? Also, would the appropriate amount of marijuana vary depending upon the degree of pain being experienced by the patient, and the degree of the patient’s tolerance to such pain?

25. Paragraph (I) of subsection (6) directs the primary care-giver to control the acquisition and dosage of marijuana for the patient. How do the proponents anticipate the primary care-giver, especially where such person is not a health care professional, to be knowledgeable about the proper dosage and frequency of marijuana prescriptions? Could this situation be considered the unauthorized practice of medicine without a license?

26. The measure does not address how a patient or primary care-giver can legally obtain the marijuana or marijuana plants. Do the proponents intend for there to be a “legitimate” or “official” source for the marijuana? Is this something the general assembly could enact to implement this section?

The initiative proponents have the option, but not the obligation, to amend the initiative to address any of the Legislative Council’s questions.