| Summary |
The bill amends the regulatory framework for natural medicine and
natural medicine product.
The bill requires the director of the division of professions and
occupations to:
•
Regulate facilitators and the practice of regulation,
including issuing licenses for facilitators;
•
Promulgate rules necessary for the regulation of facilitators
and the practice of facilitation; and
•
Perform duties necessary for the implementation and
administration of the Natural Medicine Health Act of
2022, including investigatory and disciplinary authority.
The bill creates the natural medicine advisory board (board). The
board's duties include examining issues related to natural medicine and
natural medicine product, and making recommendations to the director
of the division of professions and occupations and the executive director
of the state licensing authority.
The bill creates within the department of revenue the division of
natural medicine for the purpose of regulating and licensing the
cultivation, manufacturing, testing, storage, distribution, transport,
transfer, and dispensation of natural medicine or natural medicine product
between natural medicine licensees. The bill requires the division of
natural medicine to:
•
Regulate natural medicine, natural medicine product, and
natural medicine businesses, including healing centers,
cultivators, manufacturers, and testers, and issue licenses
for such businesses;
•
Promulgate rules necessary for the regulation of natural
medicine, natural medicine product, and natural medicine
businesses; and
•
Perform duties necessary for the regulation of natural
medicine, natural medicine product, and natural medicine
businesses, including investigatory and disciplinary
authority.
The bill requires the department of revenue to coordinate with the
department of public health and environment concerning testing standards
of regulated natural medicine and natural medicine product.
The bill requires a sunset review for the articles governing the
department of regulatory affairs and the department of revenue in the
regulation of natural medicine, natural medicine product, facilitators, and
natural medicine businesses.
The bill states that:
•
A person who is under 21 years of age who knowingly
possesses or consumes natural medicine or natural
medicine product commits a drug petty offense and is
subject to a fine of not more than $100 or not more than 4
hours of substance use education or counseling; except that
a second or subsequent offense is subject to a fine of not
more than $100, not more than 4 hours of substance use
education or counseling, and not more than 24 hours of
useful public service;
•
A person who openly and publicly consumes natural
medicine or natural medicine product commits a drug petty
offense and is subject to a fine of not more than $100 and
not more than 24 hours of useful public service;
•
A person who cultivates natural medicine shall do so on the
person's private property, subject to area and physical
security requirements. A person who violates this provision
commits a drug petty offense and is subject to a fine of not
more than $1,000.
•
A person who is not licensed to manufacture natural
medicine product and who knowingly manufactures natural
medicine product using an inherently hazardous substance
commits a level 2 drug felony;
•
Unless expressly limited, a person who for the purpose of
personal use and without remuneration, possesses,
consumes, shares, cultivates, or manufactures natural
medicine or natural medicine product, does not violate state
or local law, except that nothing permits a person to
distribute natural medicine or natural medicine product to
a person for certain unlawful purposes;
•
A peace officer is prohibited from arresting, and a district
attorney is prohibited from charging or prosecuting, a
person for a criminal offense under part 4 of article 18 of
title 18 involving natural medicine or natural medicine
product, unless expressly provided by the bill;
•
A lawful action related to natural medicine or natural
medicine product must not be the sole reason to subject a
person to a civil penalty, deny a right or privilege, or seize
assets;
•
A lawful action related to natural medicine or natural
medicine product must not be used as the sole factor in a
probable cause or reasonable suspicion determination of
any criminal offense; except that an action may be used in
such determination if the original stop or search was lawful
and other factors are present to support a probable cause or
reasonable suspicion determination of any criminal offense;
•
The fact that a person is entitled to consume natural
medicine or natural medicine product does not constitute a
defense against any charge for violation of an offense
related to operation of a vehicle, aircraft, boat, machinery,
or other device;
•
A local jurisdiction is prohibited from adopting, enacting,
or enforcing a conflicting law;
•
A person or entity who occupies, owns, or controls a
property may prohibit or otherwise regulate the cultivation
or manufacture of natural medicine or natural medicine
product on or in that property.
The bill states that an act involving natural medicine or natural
medicine product that is performed by a person:
•
Does not solely constitute child abuse or neglect, or
grounds for restricting or prohibiting family time;
•
Does not solely constitute grounds for denying health
insurance coverage;
•
Does not solely constitute grounds for discrimination for
organ donation; and
•
Must not be considered for public assistance benefits
eligibility, unless required by federal law.
The bill makes a person eligible to file a motion to have conviction
records related to natural medicine or natural medicine product sealed
immediately after the later date of final disposition or release from
supervision.
Under federal law, certain expenses are disallowed under section
280E of the internal revenue code. Under state law, the state income tax
code permits taxpayers who are licensed under the Colorado Marijuana
Code to subtract expenses that are disallowed by section 280E of the
internal revenue code. The bill expands this permission to taxpayers who
are licensed under the Colorado Natural Medicine Code.
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