Regulation 5 CCR 1006-2-11

Current through Register Vol. 47, No. 11, June 10, 2024

Regulation 5 CCR 1006-2-11 - Waiver for primary care-givers to deliver medical marijuana products from a medical marijuana center

A. If the physician recommending the marijuana checks on the physician certification that the patient is homebound, a waiver will be granted allowing a designated primary care-giver to transport marijuana from a medical marijuana center to the patient.

B. The term for the waiver shall be the same as the effective dates of the patient's registry identification card.

C. At any time, upon reasonable cause, the department may review any existing waiver to ensure that the terms and conditions of the waiver are being observed and or that the continued existence of the waiver is appropriate.

D. The department may revoke a waiver if it determines that any of the following are met:

1. The waiver jeopardizes the health, safety and welfare of patients;

2. The patient applicant has provided false or misleading information in the application;

3. The patient applicant has failed to comply with the terms or conditions of the waiver;

4. The conditions under which a waiver was granted no longer exist or have materially changed; or

5. A change in state law or regulation prohibits or is inconsistent with the continuation of the waiver.

E. Primary care-givers for minors shall have a waiver for transportation automatically granted as part of a successful application process if the patient application indicates that the minor's primary care- giver will be purchasing medical marijuana from a medical marijuana center. The term of the waiver will coincide with the term of the registry identification card.

F. The department will provide notice of the revocation of the waiver to the patient and the primary care- giver at the time the waiver is revoked.

G.Appeals. If the department proposes to deny, condition, revoke or suspend a waiver for a primary care-giver to deliver medical marijuana products to a homebound patient, the department shall provide the patient with notice of the grounds for the action and shall inform the patient of the patient's right to request a hearing.

1. 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.

2. 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.

3. If a request for a hearing is made, the hearing shall be conducted in accordance with the state administrative procedures act, § 24-4-101et seq., C.R.S.

4. 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.

Regulation 5 CCR 1006-2-11

37 CR 20, October 25,2014, effective 11/14/2014

38 CR 15, August 10, 2015, effective 9/14/2015

38 CR 24, December 25, 2015, effective 1/14/2016

41 CR 08, April 25, 2018, effective 5/15/2018

42 CR 08, April 10, 2019, effective 5/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

45 CR 01, January 10, 2022, effective 2/14/2022

45 CR 06, March 25, 2022, effective 4/14/2022