Why Did Hickenlooper Skip Signing This Marijuana Bill?


Thursday, June eight, 2017 at three:33 p.m.





The Marijuana Enforcement Division will have more rule-making authority...someday.



The Marijuana Enforcement Division can have extra rule-making authority...sometime.


Lindsey Bartlett






Governor John Hickenlooper introduced on June 7 that he would ship a marijuana-related invoice to the Colorado Secretary of State to turn out to be regulation with out his signature. Why the shortage of endorsement?



HB 1367 creates a state license permitting the cultivation, possession and switch of marijuana for analysis functions. It additionally provides licensed medical-marijuana testing services the power to check marijuana and infused merchandise for these researchers, whereas giving the Marijuana Enforcement Division extra rule-making authority. But there's one downside with the ultimate model of the proposal.


As Hickenlooper explains in a letter sent to the Colorado House of Representatives, his workplace takes no difficulty with the invoice's intent. However, one small however essential phrase change in amendments to sections 7 and eight of the measure shortly earlier than it was authorised by the House will severely the MED's energy to implement contamination and efficiency guidelines. The phrase change? "Or" turned "and," as seen on this highlighted textual content:




 A STATE, LOCAL, OR MUNICIPAL AGENCY SHALL NOT EMPLOY OR USE THE RESULTS OF ANY TEST OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS CONDUCTED BY AN ANALYTICAL LABORATORY THAT IS NOT CERTIFIED PURSUANT TO THIS SUBSECTION (2.5)(a)(I) FOR THE PARTICULAR TESTING CATEGORY AND ACCREDITED TO THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION/INTERNATIONAL ELECTROTECHNICAL COMMISSION
17025:2005 STANDARD, OR ANY SUBSEQUENT SUPERSEDING STANDARD, IN THAT FIELD OF TESTING.





Because of the change, as soon as the regulation takes impact, a state company will probably be allowed to solely use outcomes from marijuana testing labs which can be licensed by each the Colorado Department of Revenue and accredited by the International Organization for Standardization and International Electrotechnical Commission. Only two of the MED's sixteen registered testing labs at the moment meet these necessities.


While medical and leisure marijuana merchandise will nonetheless stay topic to all the state's efficiency and contaminant requirements, the MED will not have the ability to take enforcement motion if failed product exams come from labs that do not meet the brand new regulation's necessities.


Sections 7 and eight of the HB 1367 are slated to take impact on January 1, 2018. Because Hickenlooper abstained from signing the measure, he hopes the invoice's sponsors will current new laws with corrected textual content at first of subsequent 12 months's legislative session, which begins on January 10 — which means some business marijuana violations will not face repercussions for a minimum of ten days.


"It is highly unlikely that any enforcement action will be triggered in the first month of 2018," Hickenlooper writes. "Therefore, a correction enacted by the General Assembly in the early weeks of the session is critical."


The invoice's sponsors, Senators Cheri Jahn and Randy Baumgardner and Representatives Dan Pabon and Jeni James Arndt, instructed Hickenlooper's workplace that the change was unintentional, and all 4 have agreed to work with state businesses to redraft the regulation. "For those reasons," Hickenlooper writes, "and with the understanding that all parties will work cooperatively and expeditiously in the 2018 Regular Session, I allowed HB 17-1367 to become a law without my signature."


Jahn and Baumgarder had been additionally sponsors of HB 275, a invoice with related provisions that died within the House final month. Like the regulation Hickenlooper left unsigned, it known as for marijuana testing labs to be licensed by the Department of Revenue and have accreditation from the International Organization for Standardization and International Electrotechnical Commission.


The remaining paragraph of part three within the lifeless invoice reads virtually precisely like sections 7 and eight of HB 1367:




A STATE, LOCAL, OR MUNICIPAL AGENCY SHALL NOT EMPLOY OR USE THE RESULTS OF ANY TEST OF MARIJUANA OR MARIJUANA PRODUCTS CONDUCTED BY AN ANALYTICAL LABORATORY THAT IS NOT CERTIFIED PURSUANT TO THIS SUBSECTION (three)(a)(IV) FOR THE PARTICULAR TESTING CATEGORY AND ACCREDITED TO THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION/INTERNATIONAL ELECTROTECHNICAL COMMISSION 17025:2005 STANDARD, OR ANY SUBSEQUENT SUPERSEDING STANDARD, IN THAT FIELD OF TESTING.







Why Did Hickenlooper Skip Signing This Marijuana Bill?

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