Concurrence Vote Passed
June 3, 2013
June 3, 2013(Key vote)
Title: Establishes Framework for Medical Marijuana Dispensaries
Vote Smart's Synopsis:
Vote to pass a bill that establishes a framework for medical marijuana dispensaries and the regulation of the medical marijuana industry.
Requires individuals applying to operate a “medical marijuana establishment” to submit the prescribed Health Division of the Department of Health and Human Services application form, including, but not limited to, the following information (Sec. 10):
The legal name of the proposed “medical marijuana establishment”;
The physical address of the proposed “medical marijuana establishment”;
Evidence that the applicant controls at least $250,000 in liquid assets to cover the initial costs of opening the proposed “medical marijuana establishment”; and
Evidence that the applicant owns the property or has the written permission of the property owner to operate on the location which the proposed medical marijuana establishment will be located.
Requires individuals to submit the following fees for licensure of “medical marijuana establishments”, including, but not limited to, the following fees (Sec. 12):
A fee of $30,000 for the initial issuance of a “medical marijuana establishment” registration certificate for a “medical marijuana dispensary”; and
A fee of $5,000 for the renewal of a “medical marijuana establishment” registration certificate for a “medical marijuana dispensary”;
A one-time, non-refundable application fee of $5,000; and
A varying fee for the actual costs incurred by the Division in processing the application, including, conducting background checks.
Defines “medical marijuana establishment” by any of the following terms (Sec. 8.3):
An independent testing laboratory;
A cultivation facility;
A facility for the production of edible marijuana products or marijuana-infused products.
A “medical marijuana dispensary”; or
A business that has registered with the Division and paid the requisite fees to act as more than one of the types of businesses listed above.
Defines “medical marijuana dispensary” as a business that is registered with the Division and acquires, possesses, delivers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card (Sec. 8).
Establishes a 2 percent excise tax on wholesale and retail sales of marijuana, edible marijuana products, and marijuana infused products (Sec. 24.4).
Requires 75 percent of tax revenues from the medical marijuana excise tax to go toward education-related funding and 25 percent go towards the costs of carrying out the provisions of the bill (Sec. 24.4).
Limits the number of medical marijuana establishment registration certificates granted in a given county by the following amounts (Sec. 11):
No more than 40 certificates in a county whose population is 700,000 or more;
No more than 10 certificates in a county whose population is 100,000 or more but less than 700,000;
No more than 2 certificates in a county whose population is 55,000 or more but less than 100,000; and
No more than 1 certificate in a county whose population is less than 55,000.
Prohibits an individual who holds a medical marijuana registry identification card, or his or her primary caregiver, from cultivating, growing, or producing marijuana if a dispensary opens in his or her county of residence, unless (Sec. 22):
The individual was legally growing or producing marijuana on or before July 1, 2013;
The dispensary that opened in that individual’s county of residence does not provide the quantity or strain or marijuana necessary to treat his or her specific condition;
The individual is unable to travel to a medical marijuana dispensary because of illness or lack of transportation; or
The non-existence of an operating dispensary within 25 miles of the individual when the individual first applied for his or her registry identification card.
Classifies the attempt to counterfeit or forge a medical marijuana registration identification card as a Category E felony (Sec. 1).
Increases the amount of usable marijuana an eligible medical marijuana user can possess, deliver, or produce, from 1 ounce to 2.5 ounces in any 14-day period (Sec. 22).
Increases the amount of marijuana plants an eligible medical marijuana user can possess, deliver, or produce from 3 plants to 12 plants, regardless of whether the marijuana plants are mature or immature (Sec. 22).
Prohibits a medical marijuana establishment from being located within 1,000 feet of an existing K-12 public or private school, or within 300 feet of an existing community facility (Sec. 10).
NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.
NOTE: A 2/3 MAJORITY VOTE IS REQUIRED FOR THIS LEGISLATION TO PASS.