Current through Register Vol. 47, No. 17, September 10, 2024
A.
In order to be placed in the registry and to receive a registry identification
card, an adult applicant must reside in Colorado and complete an application
supplied by the department, and have such application signed and include the
fee payment. The adult applicant must provide the following information with
the application:
1. The applicant's name,
address, date of birth, and social security number;
2. At the time of application, the patient
will indicate whether he or she will utilize a primary care-giver or a medical
marijuana center. Minor patients must have a primary care-giver on record.
Patients who are designated by their physician as homebound may request a
waiver to list both a primary care-giver and a medical marijuana center. If the
primary care-giver is not growing medical marijuana for the patient, the
patient may designate a medical marijuana center to grow his/her marijuana
plants.
a. If a care-giver is selected on the
application, the patient will identify the care-giver's name and address. This
information will be entered into the patient's record and reflected on the
registration card.
b. If a medical
marijuana center is selected on the application, the patient's record will
reflect the patient has designated a medical marijuana center to grow his/her
marijuana. Specific medical marijuana center information will not be reflected
on the registration card nor in the patient record.
3. Written documentation from the applicant's
physician that the applicant has been diagnosed with a debilitating medical
condition as defined in Regulation 6 or a disabling medical condition as
defined at §
25-1.5-106(2)
(a.7), C.R.S., and the physician's conclusion that the applicant might benefit
from the medical use of marijuana. The physician shall provide the patient with
a copy of the written documentation.
a. The
written documentation must include:
i. The
date of issue and the effective date of the recommendation;
ii. The patient's name and address;
iii. The authorizing physician's name,
address, and federal Drug Enforcement Agency number;
iv. The maximum THC potency level of medical
marijuana being recommended;
v. The
recommended product, if any;
vi.
The patient's daily authorized quantity if such quantity exceeds the
statutorily allowed amount for the patient's age;
vii. Directions for use; and
viii. The authorizing physician's
signature.
4.
A statement from the physician if the patient is homebound, if
applicable;
5. The name, address,
and telephone number of the physician who has concluded the applicant might
benefit from the medical use of marijuana; and
6. A copy of a secure and verifiable identity
document, in compliance with the Secure and Verifiable Document Act, §
24-72.1-101 et seq., C.R.S. for
the patient and primary care-giver, if any is designated.
7. Proof of residency must be established at
time of application. Proof of residency must contain a photograph and date of
birth, the following can be used to establish Colorado residency:
a. Valid state of Colorado driver's
license;
b. Valid state of Colorado
identification card; or
c. Any other
valid government-issued picture identification that demonstrates that the
holder of the identification is a Colorado resident.
d. No combination of identification or
documents may be used to establish residency.
8. Applicants who are unable to provide the
above-required proof of identification and/or residency paperwork may submit a
request for a documentation waiver. When evaluating a request for waiver of the
above proof of residency requirements, the department will consider the
totality of the valid documentation. Some factors that may be considered when
determining residency include:
a. Whether the
applicant can document that his primary or principal home or place of abode is
in Colorado;
b. Whether the
applicant can provide evidence of Colorado business pursuits, place of
employment, or income sources,
c.
Whether the applicant can document Colorado residence for income or other tax
purposes;
d. If the applicant can
document the age, residence of parents, spouse and children, if any;
e. The situs of the applicant's personal and
real property;
f. The existence of
any other residences outside of Colorado and the amount of time spent at each
such residence;
g. Any motor
vehicle or vessel registration, or;
h. Recent property tax receipts, recent
income tax returns where a Colorado mailing address is used as the primary
address, current voter registration cards, or other similar public
records.
9. In order for
a patient eighteen to twenty years of age to be placed on the registry and
receive a registry identification card the patient must also meet requirements
of §
25-1.5-106.(5.5) C.R.S.
B. In order for a minor applicant
to be placed in the registry and to receive a registry identification card, the
minor applicant must reside in Colorado and a parent residing in Colorado must
consent in writing to serve as the minor applicant's primary care-giver. Such
parent must complete an application supplied by the department, and have such
application signed and include fee payment. The parent of the minor applicant
must provide the following information with the application:
1. The applicant's name, address, date of
birth, and social security number;
2.
a. For
minor applicants with a debilitating medical condition, written documentation,
as outlined in Regulation 2.A.3.a, from two of the applicant's physicians that
the applicant has been diagnosed with a debilitating medical condition as
defined in Regulation 6; or,
b. For
minor applicants with a disabling medical condition, written documentation, as
outlined in Regulation 2.A.3.a. from two physicians that have diagnosed the
patient as having a disabling medical condition as defined at §
25-1.5-106(2)
(a.7), C.R.S. If the recommending physician is not the patient's primary care
physician, the recommending physician shall review the records of a diagnosing
physician or a licensed mental health provider acting within his or her scope
of practice;
3. The
name, address, and telephone number of the two physicians identified in
subsection B.2 of this Regulation 2;
4. Consent from each of the applicant's
parents residing in Colorado that the applicant may engage in the medical use
of marijuana;
5. Documentation that
at least one of the physicians referred to in subsection B.2 of this Regulation
2 has concluded that the patient might benefit from the medical use of
marijuana and has explained the possible risks and benefits of medical use of
marijuana to the applicant, and each of the applicant's parents residing in
Colorado if the applicant is a minor; and
6. Indicate if a medical marijuana center has
been designated to grow for the patient.
C. To maintain an effective registry
identification card, a patient must annually resubmit to the department, at
least thirty days prior to the expiration date, but no sooner than sixty days
prior to the expiration date, updated written documentation of the information
required in paragraphs A and B of this regulation.
D. A patient may change his or her primary
care-giver by submitting such information, in the manner determined by the
department, within ten days of the change occurring. The department does not
process patient requests to change his or her designated medical marijuana
center; a patient wishing to change his or her designated medical marijuana
center should reference the requirements established by the department of
revenue's marijuana enforcement division.
E. Rejected applications. Rejected
applications shall not be considered pending applications, and shall not be
subject to the requirement in the Constitution or §
25-1.5-106.5, C.R.S. that
applications be deemed approved after thirty-five days. The department may
reject as incomplete any patient application for any of the following reasons:
1. If information contained in the
application is illegible or missing;
2. The physician(s) is/are not eligible to
recommend the use of marijuana.
3.
An applicant shall have (60) days from the date the department notifies the
applicant of the rejected application to make corrections and resubmit the
application.
F. Denied
applications. The department may deny an application for any of the following
reasons:
1. The physician recommendation is
falsified;
2. Any information on
the application is falsified;
3.
The identification card that is presented with the application is not the
patient's identification card;
4.
The applicant is not a Colorado resident;
5. If the department has twice rejected the
patient's application, and the applicant's third submission is incomplete.
If the department denies an application, then the applicant
may not submit a new application until six months following the date of denial
and may not use the application as a registry card. If the basis for denial is
falsification, law enforcement shall be notified of any fraud issues.
G. The department may
revoke a registry identification card for one year if the patient has been
found to have willfully violated the provisions of Section 14 of Article XVIII
of the Colorado Constitution or §
25-1.5-106, C.R.S.
H. A patient who has been convicted of a
criminal offense under Article
18 of Title
18, C.R.S. who is sentenced or ordered
by a court to treatment for a substance use disorder or sentenced to the
division of youth corrections shall be subject to immediate revocation of
his/her registry identification card. Such patient may only reapply with a new
physician recommendation from a physician with whom the patient has a bona fide
physician-patient relationship.
1. The patient
shall remit the registry card to the department within 24 hours of the
conviction/sentence/court order.
2.
The patient may complete and submit a renewal application for a registry card
including a new recommendation from a physician with a bona fide
physician-patient relationship.
I. Appeals. If the department denies an
application or, suspends or, revokes a registry identification card, the
department shall provide the applicant/patient with notice of the grounds for
the denial, suspension, or revocation, and shall inform the patient of the
patient's right to request a hearing. A request for hearing shall be submitted
to the department in writing within thirty (30) calendar days from the date of
the postmark on the notice.
1. If a hearing is
requested, the patient shall file an answer within thirty (30) calendar days
from the date of the postmark on the notice.
2. If a request for a hearing is made, the
hearing shall be conducted in accordance with the State Administrative
Procedure Act, §
24-4-101, et seq.,
C.R.S.
3. If the patient does not
request a hearing in writing within thirty (30) calendar days from the date of
the notice, the patient is deemed to have waived the opportunity for a
hearing.
