Colorado § 23-20-143 - High-potency THC marijuana and marijuana concentrate research.

§ 23-20-143. High-potency THC marijuana and marijuana concentrate research.

(1) (a) The Colorado school of public health shall conduct a systematic review of all available scientific evidence-based research regarding the possible physical and mental health effects of high-potency THC marijuana and marijuana concentrates regardless of the location of the research.

(b) The research must study the effect of high-potency THC marijuana on the developing brain and the effect of marijuana concentrates on physical and mental health. The research must systematically curate and synthesize existing research, identify evidence gaps, and identify new research that is needed to better understand the health implications of high-potency THC marijuana products and the specific THC potency levels and amounts at which various health concerns arise. The Colorado school of public health shall report by January 31, 2022, to the finance committee and public and behavioral health and human services committee of the house of representatives and the finance committee and health and human services committee of the senate, or their successor committees, whether they have identified any gaps in the research, and, if there are gaps, what those gaps are, what studies are needed to fill those gaps, the funding needed to complete those studies, and the timeline for completion of the necessary studies. Nothing in this section shall preclude the Colorado school of public health from making recommendations regarding appropriate regulatory measures to the scientific review council created in subsection (2)(b) of this section.

(c) The research must be conducted independently without any predetermined outcomes or undue influence from any party.

(2) (a) The Colorado school of public health shall produce an initial report of its findings by July 1, 2022, and shall provide that report to the scientific review council created in subsection (2)(b) of this section and the finance committee and public and behavioral health and human services committee of the house of representatives and the finance committee and health and human services committee of the senate, or their successor committees. If at any point prior to the completion of the final report the Colorado school of public health believes there is sufficient scientific evidence to make a recommendation regarding appropriate regulatory measures, the Colorado school of public health shall provide those recommendations to the scientific review council created in subsection (2)(b) of this section and the finance committee and public and behavioral health and human services committee of the house of representatives and the finance committee and health and human services committee of the senate, or their successor committees. If after submitting the initial report the Colorado school of public health believes additional research and reporting is necessary, the Colorado school of public health may, subject to available appropriations, conduct additional research and issue additional reports and recommendations to the scientific review council created in subsection (2)(b) of this section and the finance committee and public and behavioral health and human services committee of the house of representatives and the finance committee and health and human services committee of the senate, or their successor committees. If after July 1, 2022, additional research is conducted and sufficient data from that research shows a prevalence of negative physical or mental health outcomes from the use of high-potency THC marijuana or marijuana products, the Colorado school of public health shall submit a report regarding the findings to the scientific review council created in subsection (2)(b) of this section and the finance committee and public and behavioral health and human services committee of the house of representatives and the finance committee and health and human services committee of the senate, or their successor committees. Any recommendations must not include additional criminal penalties related to marijuana concentrate use, possession, or possession of paraphernalia or new crimes related to marijuana concentrate use, possession, or possession of paraphernalia.

(b) The Colorado school of public health shall establish a scientific review council to review the initial report and any subsequent reports produced pursuant to subsection (2)(a) of this section and make recommendations to the general assembly regarding appropriate evidence-based regulatory changes and the funding of additional necessary evidence-based research. The dean of the Colorado school of public health, in conjunction with the dean of the medical school at the university of Colorado and the dean of the school of pharmacy at the university of Colorado, shall appoint members, with a goal of at least twenty-five percent of the members representing communities of color, to the scientific review council who do not have a pecuniary interest or anyone in their immediate family who does not have a pecuniary interest, who represent an unbiased group of professionals, as follows:

(I) An epidemiologist;

(II) A physician familiar with the administration of medical marijuana pursuant to current state laws with experience recommending medical marijuana to those who are age zero to seventeen;

(III) A medical toxicologist;

(IV) A neurologist;

(V) A pediatrician;

(VI) A psychiatrist;

(VII) An internal medicine physician or other specialist in adult medicine;

(VIII) A preventive medicine specialist or public health professional;

(IX) A licensed substance use disorder specialist;

(X) A neuropsychopharmacologist; and

(XI) A medical or public health expert who specializes in racial and health disparities and systemic inequalities in health care and medicine.

(c) The scientific review council shall post public notice of each committee meeting at least two weeks before the meeting, and the meetings must be broadcast to the public. Nothing precludes the public from submitting written comments to the committee.

(3) Based on its research and findings, the Colorado school of public health shall produce a public education campaign for the general public regarding the effect of high-potency THC marijuana on the developing brain and on physical and mental health. The scientific review council created in subsection (2)(b) of this section shall approve the public education campaign.

(4) The Colorado school of public health shall not seek, accept, or use gifts, grants, or donations to fund the provisions of this section. The provisions of this section shall be completed using only appropriations from the general assembly.

Source: L. 2021: Entire section added, (HB 21-1317), ch. 313, p. 1908, § 1, effective June 24.

Editor's note: This section was numbered as § 23-20-142 in HB 21-1317 but was renumbered on revision for ease of location.