Colo. Medical Marijuana Law Enforcement Bill Introduced

The first of the Law Enforcement bills designed to restrict patients’ access to medical marijuana in Colorado was officially introduced into the state Senate today by Sen. Chris Romer (D-Denver) and Senator
Nancy Spence (R-Centennial). The bill is Senate Bill 109 and has been introduced into the House Health and Human Services Committee. A hearing
has not been scheduled.

[Click HERE to read the entire bill]

*Required Exams for Patients*

Senate Bill 109 redefines the term “bona-fide physician-patient relationship” from Article XVIII, Section 14 of the Colorado Constitution
(Colorado’s Medical Marijuana Law).

The new definition requires the patient to receive a full physical exam by
a physician in order to obtain a Medical Marijuana Registry Card. In
addition, “follow-up care and treatment” by that same physician would be
required every year.

This will dramatically increase the cost of a Medical Marijuana Registry
card to the medical marijuana patient. A full physical exam costs anywhere
from $250 to $500. Follow-up office visits cost from $200 to $500.

*Cost of Medical Marijuana Registry Card*

*Current Yearly Cost to Patients*
Examination of previous medical history by a physician: $100
Registration fee for the State: $90
Total: $190

*New SB109 Cost to Patients*
Full physical exam: $250 to $500
One followup visit: $200 to $500
Registration fee for the State: $90
New total: $540 to $1090

SB-109 fails to specify how many times per year a patient must see his or
her physician for “follow-up care and treatment”, but it could be required
more than once a year, driving the cost up even further.

“This will be a crushing blow to patients,” says Timothy Tipton of Rocky
Mountain Caregivers Cooperative. “Patients were already having a difficult
time coming up with an $200 a year for their Registry card. Thousands of
patients will be denied access to medical marijuana because they cannot
afford these new fees.”

*Additional Exam Requirements*

SB-109 fails to recognize that many patients’ primary care physicians will
not sign a recommendation for medical marijuana because of fear of
reprisal. CTI has been told by several patients that physicians working for
Kaiser Permanente HMO are not allowed to recommend medical marijuana. Other
physicians have also stated they will not sign medical marijuana
recommendations out of fears of reprisal from the State of Colorado or the
DEA. This means that thousands of patients across Colorado will have to
obtain physical exams from physicians other than their primary care
physician.

SB-109 would also mean that physical exams and medical histories that are
performed by these patients’ primary care physicians will not be enough
evidence of a patient’s current medical condition to satisfy the State of
Colorado. Currently, qualified physicians can review a patient’s medical
history and recommend marijuana based on previous assessments by the
patient’s primary care physician and other experts. Physicians who
specialize in medical marijuana shouldn’t be required to perform a new
physical exam each year and perform followup care on patients, many of whom
may already have had these exams performed by their primary care physician.

*Record-Keeping Requirements*

SB109 also requires physicians to maintain separate records for all medical
marijuana patients and requires them to surrender these records to the
State Board of Medical Examiners upon request. This additional burden on
physicians will drive the cost to patients up even further.

*Medical Marijuana Review Board* (“Pain Panel”)

SB109 also sets up a “Medical Marijuana Review Board” of 7 people appointed
by the Governor who will review Medical Marijuana Registry applications for
all patients under 21 years of age. Only “veterans of military service”,
but not current members of the military, would be exempt.