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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Health
and Environmental Information and Statistics Division MEDICAL USE OF MARIJUANA 5
CCR 1006-2 (Promulgated by the State Board of Health) Last amended 05/16/07
(Regulation 7), effective 07/30/07
Regulation 1: Establishment and confidentiality of
the registry for the medical use of marijuana A. The Colorado Department of
Public Health and Environment (“the department” ) shall create and maintain a
confidential registry (“the registry” ) of patients who have applied for and are
entitled to receive a registry identification card. All personal medical records
and personal identifying information held by the department in compliance with
these regulations shall be confidential information. No person shall be
permitted to gain access to any information about patients in this registry, or
any information otherwise maintained in the registry by the department about
physicians and primary care-givers of patients in the registry, except for
authorized employees of the department in the course of their official duties
and authorized employees of state and local law enforcement agencies which have
stopped or arrested a person who claims to be engaged in the medical use of
marijuana and in possession of a registry identification card issued pursuant to
regulations two and three. The department may release information concerning a
specific patient to that patient with the written authorization of such patient.
B. Any officer or employee or agent of the department who violates this
regulation by releasing or making public confidential information in the
registry shall be subject to any existing statutory penalties for a breach of
confidentiality of the registry.
Regulation 2: Application for a registry
identification card A. An “adult applicant” is defined as a patient eighteen
years of age or older. A “minor applicant” is defined as a patient less than
eighteen years of age. B. In order to be placed in the registry and to receive a
registry identification card, an adult applicant must reside in Colorado and
submit an application form supplied by the department. The adult applicant must
provide the following information with the application: i) The applicant’s name,
address, date of birth, and social security number; ii) The name and address of
the applicant’s primary care-giver, if one is designated at the time of
application; iii) Written documentation from the applicant’s physician that the
applicant has been diagnosed with a debilitating medical condition as defined in
regulation six and the physician’s conclusion that the applicant might benefit
from the medical use of marijuana; and iv) The name, address, and telephone
number of the physician who has concluded the applicant might benefit from the
medical use of marijuana. C. 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 submit an
application form supplied by the department. The parent of the minor applicant
must provide the following information with the application: i) The applicant’s
name, address, date of birth, and social security number, ii) Written
documentation from two of the applicant’s physicians that the applicant has been
diagnosed with a debilitating medical condition as defined in regulation six and
each physician’s conclusion that the applicant might benefit from the medical
use of marijuana; iii) The name, address, and telephone number of the two
physicians who have concluded the applicant might benefit from the medical use
of marijuana; iv) Consent from each of the applicant’s parents residing in
Colorado that the applicant may engage in the medical use of marijuana; and v)
Documentation that one of the physicians referred to in (iii) 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. D. To maintain an
effective registry identification card, a patient must annually resubmit to the
department, at least thirty days prior to the expiration date, updated written
documentation of the information required in paragraphs B and C of this
regulation. In addition, the patient must provide the name and address of the
primary care-giver, if any is designated at such time.
Regulation 3: Verification of medical information;
issuance, denial, revocation, and form of registry identification cards A. The
department shall verify medical information contained in the patient’s
application within thirty days of receiving the application. Verification of
medical information shall consist of determining that there is documentation
stating the applicant has a current diagnosis with a debilitating medical
condition as defined in regulation six by a physician who has a current license
to practice medicine issued by the State of Colorado. B. No more than five days
after verifying medical information of the applicant, the department shall issue
a serially numbered registry identification care to the patient. The card shall
state the following: i) The patient’s name, address, date of birth, and social
security number; ii) That the patient’s name has been certified to the
department as a person with a debilitating medical condition, whereby the person
may address such condition with the medical use of marijuana; iii) The date of
issuance of such card and the date of expiration, which shall be one year from
the date of issuance; iv) The name and address of the patient’s primary
care-giver, if any is designated at the time of application; v) How to notify
the department of any change in name, address, medical status, physician, or
primary care-giver. C. Except for minor applicants, where the department fails
within thirty-five days of receipt of application to issue a registry
identification card or fails to issue verbal or written notice of denial of such
application, the patient’s application for such card will be deemed to have been
approved. “Receipt” shall be deemed to have occurred upon delivery to the
department or deposit in the united states mails. No application shall be deemed
received prior to June 1, 2001. D. The department shall deny the application if
it determines that information has been falsified or it cannot verify the
medical information as provided in paragraph A of this regulation. A patient
whose application has been denied by the department may not reapply during the
six months following the date of denial. The denial of a registry identification
card shall be considered a final agency action. E. In addition to any other
penalties provided by law, the department shall revoke for a period of one year
the registry identification card of any patient found to have willfully violated
the provisions of Section 14 of Amendment 20 of the Colorado Constitution or the
implementing legislation of Section 14.
Regulation 4: Change in applicant information A.
When there has been a change in the name, address, physician or primary
care-giver of a patient who has been issued a registry identification card, that
patient must notify the department within ten days. A patient who has not
designated a primary care-giver at the time of application to the department may
do so in writing at any time during the effective period of the registry
identification card, and the primary care-giver may act in this capacity after
such designation. B. A patient who no longer has a debilitating medical
condition as defined in regulation six shall return his registry identification
card to the department within twenty-four hours of receiving such information by
his or her physician.
Regulation 5: Communications with law enforcement
officials about patients in the registry A. Authorized employees of state or
local law enforcement agencies shall be granted access to the information
contained within the department’s registry only for the purpose of verifying
that an individual who has presented a registry identification card to a state
or local law enforcement official is lawfully in possession of such card. The
department shall report to authorized state or local law enforcement officials
whether a patient’s registry identification card has been suspended because the
patient no longer has a debilitating medical condition. B. Authorized employees
of state or local law enforcement agencies shall immediately notify the
department when any person in possession of a registry identification card has
been determined by a court of law to have willfully violated the provisions of
this section 14 of the Colorado constitution or its implementing legislation, or
has pled guilty to such offense.
Regulation 6: Debilitating medical conditions and
the process for adding new debilitating medical conditions A. Debilitating
medical conditions are defined as cancer, glaucoma, and infection with or
positive status for human immunodeficiency virus. Patients undergoing treatment
for such conditions are defined as having a debilitating medical condition. B.
Debilitating medical condition also includes a chronic or debilitating disease
or medical condition other than HIV infection, cancer or glaucoma; or treatment
for such conditions, which produces for a specific patient one or more of the
following, and for which, in the professional opinion of the patient’s
physician, such condition or conditions may reasonably be alleviated by the
medical use of marijuana: cachexia; severe pain; severe nausea; seizures,
including those that are characteristic of epilepsy; or persistent muscle
spasms, including those that are characteristic of multiple sclerosis. C.
Patients who have had a diagnosis of a debilitating medical condition in the
past but do not have active disease and are not undergoing treatment for such
condition are not suffering from a debilitating medical condition for which the
medical use of marijuana is authorized. D. Beginning June 1, 2001, the
department shall accept physician or patient petitions to add debilitating
medical conditions to the list provided in paragraphs A and B of this
regulation. The department shall determine if a public rulemaking hearing to
modify this regulation is appropriate, and if so, shall petition the Board of
Health to set a date for such hearing within one hundred twenty days of receipt
of the patient or physician petition. If the department determines that a public
rulemaking hearing is not appropriate, it shall notify the petitioner of its
action within one hundred eighty days of receipt of submission of the petition.
In making its determination, the department will consider whether there is
information that the proposed condition is chronic, debilitating, and may be
specifically diagnosed, and whether there is scientific evidence that treatment
with marijuana may have a beneficial effect.
Regulation 7: Determination of fees to pay for
administrative costs of the medical use of marijuana program The department
shall provide each applicant with information concerning the medical use of
marijuana program. The department shall collect ninety dollars from each
applicant at the time of application to pay for the direct and indirect costs to
administer the medical use of marijuana program. Such fee shall not be
refundable to the applicant if the application is denied or revoked or if the
patient no longer has a debilitating medical condition. The amount of the fee
shall be evaluated annually by the department, and the department shall propose
modifications to the board, as appropriate. If the patient provides updated
information at any time during the effective period of the registry
identification card, the department shall not charge a fee to modify the
registry information concerning the patient. Eff 07/30/2007
