Regulation 5 CCR 1006-2-12

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

Regulation 5 CCR 1006-2-12 - Patient Responsibilities

A. A patient who is using the services of a care-giver shall provide his/her care-giver with a copy of his/her application, physician certification and registration card, once issued. A copy of the patient's application and registration card shall be in the primary care-giver's possession at all times that the primary care-giver is in possession of marijuana. The patient may obscure or redact the mailing address and social security number on the copy of the application or registration card given to the primary care-giver.

B. When a patient changes his or her primary care-giver, the patient shall submit notice of the change in the manner as directed by the department. The patient shall notify their primary care-giver. The patient may obscure or redact the mailing address and social security number on the copy of the information given to the primary care-giver.

C. A patient shall not:

1. Engage in the medical use of marijuana in a way that endangers the health and well-being of a person;

2. Engage in the medical use of marijuana in plain view of or in a place open to the general public;

3. Undertake any task while under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice;

4. Engage in the use of medical marijuana while:

a. In a correctional facility or a community corrections facility;

b. Subject to a sentence to incarceration;

c. In a vehicle, aircraft, or motorboat; or

d. As otherwise ordered by the court.

5. Operate, navigate, or be in actual physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; or

6. Use medical marijuana if the patient does not have a debilitating or disabling medical condition as diagnosed by the person's physician in the course of a bona fide physician-patient relationship and for which the physician has recommended the use of medical marijuana.

D. A patient who no longer has a debilitating or disabling medical condition shall return his or her registry identification card to the department within twenty-four hours of receiving such diagnosis by his or her physician.

E. A patient who is 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 notify the department. The patient 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 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 new application for a registry card including a new recommendation from a physician with a bona fide relationship.

F. A patient shall not establish a business to permit other patients to congregate and smoke or otherwise consume medical marijuana.

Regulation 5 CCR 1006-2-12

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