Colorado Revised Statute (CRS) 25-5-901
{description: This Dangerous Drugs Therapeutic Research Act was repealed by
the
Colorado Governor and Legislature in 1994 after 13 years on the books. The
program was never established.}
{keywords: medical marijuana, cannibis, hemp, Doreen Bishop, Denver,
Colorado,
legalize, war on drugs, jury nullification, FIJA, cancer, militia, trial,
activist}
{GENERATOR: Microsoft FrontPage 1.1}
Note: The following Dangerous Drugs Therapeutic Research Act was repealed by
the
Colorado Governor and Legislature in 1994 after 13 years on the books. The
program was never established.
Colorado Revised Statute (CRS) 25-5-901
Dangerous Drugs - Therapeutic Use
25-5-901. Legislative declaration
The general assembly hereby finds and declares that recent research has shown
that the use of cannabis may alleviate the nausea and ill effects of general
assembly further finds that there is a need for further research and
experimentation with regard to the use of cannabis under strictly controlled
circumstances. It is for this purpose that the "Dangerous Drugs Therapeutic
Research Act" is enacted.
25-5-902. Short title
This part 9 shall be known and may be cited as the "Dangerous Drugs
Therapeutic
Research Act".
25-5-903. Definitions
As used in this part 9, unless the context otherwise requires:
(1) "Cannabis" means marihuana, as defined in section 12-22-303(17), C.R.S.,
or
marihuana concentrate, as defined in section 12-22-303(18), C.R.S.
(2) "Chancellor" means the chancellor for health affairs of the university of
Colorado medical center.
(3) "Committee" means the pharmacy and therapeutics committee of the medical
board of Colorado general hospital.
(4) Repealed by Laws 1989, H.B.1153, ss11.
(5) "Practitioner" means a person authorized to practice medicine and to
prescribe and administer controlled substances, as defined in section
12-22-303(7), C.R.S., which are subject to the provisions of part 3 of
rticle
22 of title 12, C.R.S.
(6) "Program" means the dangerous drugs therapeutic research program.
25-5-904. Dangerous drugs therapeutic research program - establishment -
participation
(1) There is established at the University of Colorado Health Sciences Center
the dangerous drugs therapeutic research program. The program shall be
administered by the chancellor and may make use of any and all hospital
facilities transferred to a private corporation pursuant to the terms of part
4
of article 21 of title 23, C.R.S. The chancellor shall promulgate rules and
regulations necessary for the proper administration of this part 9. In
promulgating such rules and regulation, the chancellor shall take into
consideration those pertinent rules and regulations promulgated by the
ederal
drug enforcement agency, the federal food and drug administration, and the
national institute on drug abuse. All rules and regulations promulgated
pursuant
to this subsection (1) shall be subject to section 24-4-103(8)(c) and (8)(d)
and
24-4-108,C.R.S.
(2) Except as provided in section 25-5-905(2), the program shall be limited
o
cancer chemotherapy patients and glaucoma patients who are certified to the
committee by a practitioner as being involved in a life-threatening or
sense-threatening situation, who are not responding to controlled substances,
other than marihuana or marihuana concentrate, as defined in section
12-22-303(7), C.R.S., administered pursuant to part 3 of article 22 of title
12,
C.R.S., or where the substances administered have proven to be effective but
where such patients have incurred severe side effects, and who have resided
n
the state of Colorado for at least one year. Such certification shall issue
without unnecessary delay where a practitioner has determined that the
possession and use of cannabis is necessary to alleviate the side effects of
cancer chemotherapy or necessary for the treatment of glaucoma. The cost of
any
blood test required by the food and drug administration prior to entrance
nto
the program shall be borne by the patient seeking entrance into the program.
25-5-905. Pharmacy and therapeutic committee - organization - powers and
duties
(1) The committee shall review all applicants for the program and their
licensed
practitioners and certify their participation in the program. The committee
shall additionally certify practitioners and state-operated licensed
pharmacies
for participation regarding the distribution of cannabis pursuant to section
25-5-906(3).
(2) The committee may include other disease groups for participation in the
program after pertinent medical data has been presented by a clinical
researcher
with an investigative new drug number issued by the food and drug
administration
and approved by both the chancellor and the committee. For the purposes of
this
subsection (2), "clinical researcher" means any person licensed pursuant to
section 12-22-304(1)(a), C.R.S., to experiment with, study, or test any
controlled substance, as defined in section 12-22-303(7), C.R.S., within this
state.
25-5-906. Dangerous drugs therapeutic research program - distribution
(1) The chancellor shall apply to contract with the federal government for
receipt of cannabis pursuant to rules and regulations promulgated by the
national institute on drug abuse, the food and drug administration, and the
drug
enforcement administration.
(2) If, within a reasonable time, the chancellor is unable to obtain cannabis
pursuant to subsection (1) of this section, he shall conduct an inventory of
available sources of analyzed cannabis, including but not limited to the
Colorado bureau of investigation, the Colorado organized crime strike force,
and
local law enforcement officials. Said inventory shall be for the purpose of
determining the feasibility of obtaining analyzed cannabis for the use in the
program. Upon conducting said inventory, the chancellor shall contract with
the
available source for the receipt of analyzed cannabis. For the purpose of
his
subsection (2), "analyzed cannabis" means cannabis that has been tested for
impurities or poisons and has been determined to be acceptable for human use.
(3) The chancellor shall cause such analyzed cannabis to be transferred to a
certified state-operated pharmacy for distribution to a certified patient
pon
the written order form of the certified practitioner pursuant of this part 9.
22-5-907. Report - legislative review
(1)No later than thirty days prior to the convening of each regular session
f
the general assembly, the chancellor shall prepare a report on the use of
cannabis as a therapeutic drug. The report shall include, but shall not be
limited to:
(a) The quantity of cannabis received from each source;
(b) The quantity of cannabis transferred to designated state-operated
icensed
pharmacies;
(c) The quantity of cannabis prescribed to patients;
(d) The number of patients, practitioners, and pharmacies certified under the
provisions of this part 9, including the number of patients suffering from
each
type of disease for which cannabis is prescribed; and
(e) The recommendations and comments of the chancellor and the committee on
the
administration of the provisions of this part 9.
(2) During the fifth year after the establishment of the program, the
chancellor, with the assistance of the committee, shall make a feasibility
study
and review of the provisions of this part 9 to determine its effectiveness
nd
accomplishments and shall solicit the cooperation and advice of the Colorado
medical society, the American board of ophthalmology, the American board of
internal medicine, the American board of psychiatry, and any other person
which
the chancellor may deem proper. The chancellor shall report his findings and
recommendations to the general assembly of the state of Colorado at the next
regular session following the preparation of such feasibility study and
review.
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