In effect as of Jan. 1, 2022, HB21-1317 regulates access for all consumers to high-potency THC products. THC is the main ingredient found in cannabis. This bill creates a uniform certification that is recommended for physicians to use for diagnosing a patient and dispensaries must abide by these certifications. Rep. Alec Garnett, Rep. Yadira Caraveo, Sen. Chris Hansen and Sen. Paul Lunden are the current primary sponsors for HB21-1317, regulating marijuana concentrates.
A new process
With this new act, the patients’ doctors must take into account their mental health history. They also must consult with their primary care physician to fully review records in order to make the appropriate diagnosis. Medical marijuana physicians must consult with their primary care physician, as well as, review the patient’s mental health records to make an appropriate diagnosis. This is different from before as now patients must go through two physicians in order to obtain a uniform certification. After this certificate is acquired, patients must attend follow-up appointments every six months after the initial visit with one of the physicians.
Research and education enacted
This bill requires Colorado to create a scientific review council to record data and other information regarding the use and impact of high-potency THC marijuana on developing brains, along with how this usage of THC impacts mental health. With this information, the Colorado School of Public Health is required to have a public education campaign informing people on the usage and effects of THC.
Purchasing limitations
This act mainly focuses on managing the usage of THC products for people ages 18 to 20-years-old. Advertisers are prohibited from targeting this age group and must include warnings of the risks of marijuana consumption.
Another aspect of HB21-1317 is the limitation of purchasing a maximum of two grams in one day if you are between 18-20 years of age (with some exceptions), with the previous limit set at 40 grams. Some view two grams as the daily limit reasonable for patients, however, there is controversy as some patients have limited access to dispensaries and purchasing these medical supplies. This leads some patients to running multiple trips to dispensaries a week or even running out of what they need.
Controversies
Although these regulations seem to take more precautions for patients in terms of cannabis usage, there are many people that strongly disagree with the goal of this bill. Cannabis Clinicians Colorado, a Colorado non-profit dedicated to supporting people that work with Colorado cannabis patients, is currently supporting the lawsuit to stop HB21-1317 along with others as they believe there are many violations of the law. One of which is “forcing doctors to violate federal DEA law and the Colorado Medical Practices Act by writing a full prescription for cannabis that a dispensary must fill like a pharmacy.”
Another family with a son who uses medical marijuana to treat his epilepsy has filed a lawsuit claiming that this law is “…unlawfully restricting patients from accessing their constitutionally protected right to the amount of medical marijuana provided.”
In both cases, those in opposition to the law believe that it is asking doctors to issue prescriptions. Due to the limitations enacted from the law, these prescriptions can be considered in violation of federal law as cannabis is not federally recognized as a legitimate medicine.
There was further resistance to this law at the Colorado Board of Health Emergency Rulemaking hearing when board member Raymond Estacio said, “I can’t think of any diagnosis or condition where I would need a second opinion to treat my patient.”
Another member in attendance added the injustice of requiring previous records.
“If you’re sixty years old with no health insurance and can’t remember the name of the doctor who diagnosed your arthritis eight years ago, medical marijuana is now out of reach,” she said.
Another opinion for the bill from Colorado attorney general Phil Weiser stated, “As we in Colorado work to continue to develop and refine the regulatory program for overseeing legal cannabis, it is critical that we do so in a manner that protects kids. I want to thank all of those who devoted so much time and effort to achieve this solution.”
Overall HB21-1317 regulates and takes more precautions for cannabis users in Colorado. Despite the fact that this law was enacted as of Jan. 1, 2022, there are still some lawsuits that leave aspects of it still up in the air.
