Regulation 5 CCR 1006-2-9
Current through Register Vol. 47, No. 11, June 10, 2024
Regulation 5 CCR 1006-2-9 - Primary care-giver-patient relationship and primary care-giver rulesA. A patient who designates a primary care-giver for him or herself cannot also be a primary care-giver to another patient.B. A cultivating or transporting caregiver shall be listed as a primary caregiver for no more than five patients in the medical marijuana registry at any given time unless a waiver as set forth in Regulation Ten has been granted for exceptional circumstances.C. An existing primary care-giver may indicate to the department, at the time of registration, in the manner determined by the department if the primary care-giver is available to serve more patients. An individual who is not a registered primary care-giver, but who would like to become one may submit contact information to the registry. The primary care-giver or prospective primary care- giver shall waive confidentiality to allow release of contact information to physicians or registered patients only. The department may provide the information but shall not endorse or vouch for any primary care-giver or prospective primary care-giver.D. A primary care-giver if asked by law enforcement shall provide a list of registry identification numbers for each patient. If a waiver has been granted for a cultivating or transporting caregiver to serve more than five patients, this will be noted on the department record of cultivating and transporting care-givers and will be available for verification to law enforcement upon inquiry to the department.E. A primary care-giver shall have his/her primary registration card available on his/her person at all times when in possession of marijuana and produce it at the request of law enforcement. The only exception to this shall be when it has been more than thirty-five days since the date the patient filed his or her medical marijuana application and the department has not yet issued or denied a registry identification card. A copy of the patient's application along with proof of the date of submission shall be in the primary care-giver's possession at all times that the primary care-giver is in possession of marijuana. The primary care-giver may redact all confidential patient information from the application other than the patient's name and date of birth.F. A patient may only have one primary care-giver at a time; except that, on or after December 1, 2020, a patient who is under eighteen years of age may have each parent or guardian to act as a primary caregiver or, if the patient is under the jurisdiction of the juvenile court, the judge presiding over the case may determine who is the primary caregiver.G. A designated primary care-giver shall not delegate the responsibility of provision of medical marijuana for a patient to another person.H. A primary care-giver shall not join together with another primary care-giver for the purpose of growing marijuana. Any marijuana grows by a care-giver shall be physically separate from grows by other primary care-givers and licensed growers or medical marijuana centers, and a primary care-giver shall not grow marijuana for another primary care-giver. If two or more care-givers reside in the same household and each grows marijuana for their registered patients, the marijuana grows must be maintained in such a way that the plants and/or ounces grown and or maintained by each primary care-giver are separately identified from any other primary care-givers plants and/or ounces.I. A primary care-giver shall not establish a business to permit patients to congregate and smoke or otherwise consume medical marijuana.J. A primary care-giver 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; orc. In a vehicle, aircraft, or motorboat;5. Operate, navigate, or be in actual physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; or6. Provide 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.K. A primary care-giver may charge a patient no more than the cost of cultivating or purchasing the medical marijuana, and may also charge for care-giver services. Such care-giver charges shall be appropriate for the care-giver services rendered and reflect market rates for similar care-giver services and not costs associated with procuring the marijuana.L. A primary care-giver shall have significant responsibility for managing the well-being of a patient with a debilitating or disabling medical condition.Regulation 5 CCR 1006-2-9
37 CR 20, October 25,2014, effective 11/14/201438 CR 15, August 10, 2015, effective 9/14/201538 CR 24, December 25, 2015, effective 1/14/201641 CR 08, April 25, 2018, effective 5/15/201842 CR 08, April 10, 2019, effective 5/15/201942 CR 20, October 25, 2019, effective 11/14/201945 CR 01, January 10, 2022, effective 2/14/202245 CR 06, March 25, 2022, effective 4/14/2022