Colorado medical marijuana bill passes, heads to governor

DENVER • Medical marijuana regulations rose from the dead Tuesday, passing the state House on a second try after teetering on the brink earlier in the day.

HB1284 would create state licenses for medical marijuana dispensaries and allow local governments to regulate or ban dispensaries outright. It went to Gov. Bill Ritter’s desk on a 46-19 vote and is expected to be signed into law.

Passage came when the House reconsidered a vote earlier Tuesday to dispute Senate amendments to the bill, which threatened to scuttle it.

The biggest enemy of the bill was time. Because the General Assembly finishes its session today, lengthy negotiations could have run out the clock. (Gazette reporter Tom Roeder will report live from the General Assembly on Wednesday on gazette.com).

“This is dramatic and fascinating,” said Colorado Springs Republican Rep. Bob Gardner after the bill was sent into legislative limbo earlier in the day.

By late Tuesday, lawmakers decided that the measure was at least better than having no regulations on the books.

Among other provisions, the bill also would set state residency requirements for dispensary owners, prohibit kickbacks from dispensaries to doctors that refer patients for medical marijuana and tighten restrictions on minors using medical marijuana.

“I voted for it because we worked so hard to come to a resolution,” said Colorado Springs Republican Rep. Mark Waller.

Regulating medical marijuana became a top priority for lawmakers after dispensaries exploded across the state and as many as 1,000 people a day filed for permits to use marijuana to treat their illnesses.

The growth in the popularity of medical marijuana coincides with a federal government decision to not pursue criminal cases when the acts are legal under state marijuana laws.

Key to getting the bill passed was giving cities and counties the option to ban marijuana dispensaries, which drew Republican support for a measure opposed by many top Democrats.

“That was the most important part,” said Monument Republican Rep. Amy Stephens.

Colorado Springs Democratic Rep. Michael Merrifield led the opposition to the measure.

He said the bill is too restrictive on a drug legalized by voters with a constitutional amendment in 2000. Allowing

local bans on dispensaries could deprive medical marijuana patients access to the drug, he said.

The bill, if signed into law, is expected to draw a legal challenge from dispensaries.

“My frustration is that I have seen how effective it is for cancer patients,” Merrifield, who voted against the bill.