Regulation 5 CCR 1006-2-2

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

Regulation 5 CCR 1006-2-2 - Application for a registry identification card

A. In order to be placed in the registry and to receive a registry identification card, an adult applicant must reside in Colorado and complete an application supplied by the department, and have such application signed and include the fee payment. The adult applicant must provide the following information with the application:

1. The applicant's name, address, date of birth, and social security number;

2. At the time of application, the patient will indicate whether he or she will utilize a primary care-giver or a medical marijuana center. Minor patients must have a primary care-giver on record. Patients who are designated by their physician as homebound may request a waiver to list both a primary care-giver and a medical marijuana center. If the primary care-giver is not growing medical marijuana for the patient, the patient may designate a medical marijuana center to grow his/her marijuana plants.

a. If a care-giver is selected on the application, the patient will identify the care-giver's name and address. This information will be entered into the patient's record and reflected on the registration card.

b. If a medical marijuana center is selected on the application, the patient's record will reflect the patient has designated a medical marijuana center to grow his/her marijuana. Specific medical marijuana center information will not be reflected on the registration card nor in the patient record.

3. Written documentation from the applicant's physician that the applicant has been diagnosed with a debilitating medical condition as defined in Regulation 6 or a disabling medical condition as defined at § 25-1.5-106(2) (a.7), C.R.S., and the physician's conclusion that the applicant might benefit from the medical use of marijuana. The physician shall provide the patient with a copy of the written documentation.

a. The written documentation must include:

i. The date of issue and the effective date of the recommendation;

ii. The patient's name and address;

iii. The authorizing physician's name, address, and federal Drug Enforcement Agency number;

iv. The maximum THC potency level of medical marijuana being recommended;

v. The recommended product, if any;

vi. The patient's daily authorized quantity if such quantity exceeds the statutorily allowed amount for the patient's age;

vii. Directions for use; and

viii. The authorizing physician's signature.

4. A statement from the physician if the patient is homebound, if applicable;

5. The name, address, and telephone number of the physician who has concluded the applicant might benefit from the medical use of marijuana; and

6. A copy of a secure and verifiable identity document, in compliance with the Secure and Verifiable Document Act, § 24-72.1-101 et seq., C.R.S. for the patient and primary care-giver, if any is designated.

7. Proof of residency must be established at time of application. Proof of residency must contain a photograph and date of birth, the following can be used to establish Colorado residency:

a. Valid state of Colorado driver's license;

b. Valid state of Colorado identification card; or

c. Any other valid government-issued picture identification that demonstrates that the holder of the identification is a Colorado resident.

d. No combination of identification or documents may be used to establish residency.

8. Applicants who are unable to provide the above-required proof of identification and/or residency paperwork may submit a request for a documentation waiver. When evaluating a request for waiver of the above proof of residency requirements, the department will consider the totality of the valid documentation. Some factors that may be considered when determining residency include:

a. Whether the applicant can document that his primary or principal home or place of abode is in Colorado;

b. Whether the applicant can provide evidence of Colorado business pursuits, place of employment, or income sources,

c. Whether the applicant can document Colorado residence for income or other tax purposes;

d. If the applicant can document the age, residence of parents, spouse and children, if any;

e. The situs of the applicant's personal and real property;

f. The existence of any other residences outside of Colorado and the amount of time spent at each such residence;

g. Any motor vehicle or vessel registration, or;

h. Recent property tax receipts, recent income tax returns where a Colorado mailing address is used as the primary address, current voter registration cards, or other similar public records.

9. In order for a patient eighteen to twenty years of age to be placed on the registry and receive a registry identification card the patient must also meet requirements of § 25-1.5-106.(5.5) C.R.S.

B. 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 complete an application supplied by the department, and have such application signed and include fee payment. The parent of the minor applicant must provide the following information with the application:

1. The applicant's name, address, date of birth, and social security number;

2.

a. For minor applicants with a debilitating medical condition, written documentation, as outlined in Regulation 2.A.3.a, from two of the applicant's physicians that the applicant has been diagnosed with a debilitating medical condition as defined in Regulation 6; or,

b. For minor applicants with a disabling medical condition, written documentation, as outlined in Regulation 2.A.3.a. from two physicians that have diagnosed the patient as having a disabling medical condition as defined at § 25-1.5-106(2) (a.7), C.R.S. If the recommending physician is not the patient's primary care physician, the recommending physician shall review the records of a diagnosing physician or a licensed mental health provider acting within his or her scope of practice;

3. The name, address, and telephone number of the two physicians identified in subsection B.2 of this Regulation 2;

4. Consent from each of the applicant's parents residing in Colorado that the applicant may engage in the medical use of marijuana;

5. Documentation that at least one of the physicians referred to in subsection B.2 of this Regulation 2 has concluded that the patient might benefit from the medical use of marijuana and 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 if the applicant is a minor; and

6. Indicate if a medical marijuana center has been designated to grow for the patient.

C. To maintain an effective registry identification card, a patient must annually resubmit to the department, at least thirty days prior to the expiration date, but no sooner than sixty days prior to the expiration date, updated written documentation of the information required in paragraphs A and B of this regulation.

D. A patient may change his or her primary care-giver by submitting such information, in the manner determined by the department, within ten days of the change occurring. The department does not process patient requests to change his or her designated medical marijuana center; a patient wishing to change his or her designated medical marijuana center should reference the requirements established by the department of revenue's marijuana enforcement division.

E. Rejected applications. Rejected applications shall not be considered pending applications, and shall not be subject to the requirement in the Constitution or § 25-1.5-106.5, C.R.S. that applications be deemed approved after thirty-five days. The department may reject as incomplete any patient application for any of the following reasons:

1. If information contained in the application is illegible or missing;

2. The physician(s) is/are not eligible to recommend the use of marijuana.

3. An applicant shall have (60) days from the date the department notifies the applicant of the rejected application to make corrections and resubmit the application.

F. Denied applications. The department may deny an application for any of the following reasons:

1. The physician recommendation is falsified;

2. Any information on the application is falsified;

3. The identification card that is presented with the application is not the patient's identification card;

4. The applicant is not a Colorado resident;

5. If the department has twice rejected the patient's application, and the applicant's third submission is incomplete.

If the department denies an application, then the applicant may not submit a new application until six months following the date of denial and may not use the application as a registry card. If the basis for denial is falsification, law enforcement shall be notified of any fraud issues.

G. The department may revoke a registry identification card for one year if the patient has been found to have willfully violated the provisions of Section 14 of Article XVIII of the Colorado Constitution or § 25-1.5-106, C.R.S.

H. A patient who has been 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 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 physician-patient 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 renewal application for a registry card including a new recommendation from a physician with a bona fide physician-patient relationship.

I. Appeals. If the department denies an application or, suspends or, revokes a registry identification card, the department shall provide the applicant/patient with notice of the grounds for the denial, suspension, or revocation, and shall inform the patient of the patient's right to request a hearing. 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.

1. 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.

2. If a request for a hearing is made, the hearing shall be conducted in accordance with the State Administrative Procedure Act, § 24-4-101, et seq., C.R.S.

3. 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 1006-2-2

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