Sec. 6-5-703. Unlawful acts; licensees, principals, registered managers, and employees.
It shall be unlawful for any licensee, principal, registered manager, or employee of a licensee to commit any of the following acts:
(a) To violate or to fail, neglect or refuse to comply with any requirement of this Article of the Telluride Municipal Code, Article 43.3 of Title 12, C.R.S., or any state regulation pertaining to medical marijuana.
(b) To permit any violation of this Article or any law or regulation on the licensed premises or the adjacent grounds.
(c) To operate a medical marijuana center at any time that any of the requirements or conditions contained in Sections 6-5-301 and 6-5-308 of this Code, as amended, are not satisfied.
(d) To sell, dispense or give away any medical marijuana, marijuana plants, or medical marijuana infused product to any person except:
(1) Another medical marijuana licensee, to the extent and in the manner permitted by law;
(2) A medical marijuana patient who presents at the time and place of each sale or gift, his or her own valid medical marijuana card along with his or her own government-issued photographic identification which matches the name shown on the medical marijuana card; or
(3) A primary caregiver purchasing or receiving medical marijuana or medical marijuana infused products on behalf of a homebound patient who presents at the time and place of each sale or gift: (a) his or her own medical marijuana card along with his or her own government-issued photographic identification, which matches the name shown on the medical marijuana card; (b) the waiver from the state of Colorado authorizing the primary caregiver to purchase medical marijuana for the homebound medical marijuana patient and transport the same to the homebound patient; and (c) the homebound patient’s medical marijuana card along with the homebound patient’s government-issued photographic identification, which matches the name shown on the medical marijuana card.
(e) To fail, neglect or refuse to collect sales taxes on any transaction or to promptly pay any tax, fee or charge required under this Article or other Chapters of the Telluride Municipal Code.
(f) To fail, neglect or refuse to promptly provide any books, records, reports, information, documents, or answers to requests for information required under this Article.
(g) To refuse to provide signed answers to requests for information, except as provided in this Article, or to refuse to answer any request for information on any ground prohibited under this Article.
(h) To violate any ordinance, statute, or regulation on the licensed premises or on the adjacent grounds.
(i) To violate any condition or to permit the violation of any condition placed on a license issued under this Article.
(j) To permit anyone under the age of twenty-one (21) to be present on the licensed premises, except a patient under the age of twenty-one (21) who has a valid medical marijuana card.
(k) To permit any unauthorized person to enter the limited access area.
(l) To permit any employee to enter the limited access area without a visible employee badge.
(m) To conduct any cultivation, processing, packaging, display, sale, or exchange of marijuana plants, harvested medical marijuana, or medical marijuana infused products outside the licensed premises.
(n) To possess on the licensed premises of a medical marijuana center more than six (6) medical marijuana plants or more than two (2) ounces of harvested medical marijuana for each patient who has registered the medical marijuana center as his or her primary center, except that the medical marijuana center may exceed these limits if a patient who has registered the medical marijuana center as his or her primary center has received a written recommendation from a physician licensed to practice in Colorado stating that the patient needs more medical marijuana to address his debilitating condition than these limits allow and the medical marijuana center has a copy of such physician statement in its books and records on the licensed premises.
(o) To fail, neglect or refuse to package and label any medical marijuana plant, harvested marijuana, or medical marijuana infused products sold or exchanged on the licensed premises with the following statements in clear and legible type in at least a twelve (12) point font:
THIS PRODUCT CONTAINS MEDICAL MARIJUANA.
THIS PRODUCT IS CULTIVATED, MANUFACTURED AND PROCESSED WITHOUT ANY GOVERNMENTAL OVERSIGHT AS TO ITS HEALTH, SAFETY OR EFFICACY.
THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE CONSUMPTION OF THIS PRODUCT.
THE CHEMICALS, ADDITIVES, PESTICIDES, HERBICIDES, AND FERTILIZERS, ARTIFICIAL AND NATURAL, USED IN THE CULTIVATION, PROCESSING, PRODUCTION, AND STORAGE OF THE PRODUCT ARE AS FOLLOWS: (STATE EACH HERE).
(p) Violation of Patient Confidentiality.
(1) It shall be unlawful to intentionally, knowingly, recklessly, or negligently disclose any of the following information, in any form, concerning any medical marijuana patient, or to conduct any discussion, assessment, or evaluation of the patient or the patient’s records where any person may overhear or observe any of the following information:
a. The fact that the patient possesses, cultivates, or uses medical marijuana or medical marijuana infused products or utilizes the services of a medical marijuana center;
b. The patient’s diagnosis, prognosis, or other information concerning the patient’s physical, emotional, or psychological condition;
c. The fact that the patient has a medical marijuana recommendation or the contents of the medical marijuana recommendation;
d. The form, type, quantity, and frequency in which the patient purchases and uses medical marijuana or medical marijuana infused products; and
e. The efficacy of the medical marijuana or medical marijuana infused products in treating the patient’s condition.
(2) It shall not be a violation of this section to disclose such information to:
(a) Employees of the medical marijuana center with whom the patient has registered as a patient;
(b) The physician who wrote the medical marijuana recommendation;
(c) A law enforcement officer conducting an investigation concerning the violation of any law;
(d) An employee of the State Department of Revenue, Medical Marijuana Enforcement Division or an employee of the Town conducting an investigation of violations of § 12-43.1-101, C.R.S., et seq., or this Article;
(e) Any person to whom the patient has signed a release directing the release of the information; or
(f) A court or an attorney conducting a deposition when compelled to testify or produce documents pursuant to a subpoena or other court order.
(q) To sell, give away or provide to any patient, or to any primary caregiver obtaining harvested medical marijuana or medical marijuana infused products on behalf of a homebound patient, more than the following quantities of harvested medical marijuana or medical marijuana infused products, or any combination thereof, within any twenty-four (24) hour period:
(1) Two (2) ounces of medical marijuana, whether in the form of harvested medical marijuana, marijuana contained within a marijuana infused product, or both; or
(2) The quantity of harvested medical marijuana, marijuana contained within a marijuana infused product, or any combination thereof, in excess of two (2) ounces, specifically recommended in the physician’s recommendation for medical marijuana obtained from a physician licensed to practice medicine in Colorado, when the person providing the same views and retains a copy of the physician recommendation for marijuana.
(r) To sell, give away, or provide to any patient, or to any primary caregiver obtaining medical marijuana on behalf of a homebound patient, more than the following quantities of live medical marijuana plants within any thirty (30) day period:
(1) Six (6) plants; or
(2) The quantity of live marijuana plants in excess of six (6) plants specifically recommended in the physician’s recommendation for medical marijuana obtained from a physician licensed to practice medicine in Colorado when the person providing the same views and retains a copy of the physician recommendation for marijuana. (Ord. 1348, 2011; Ord. 1463 §4, 2018)