4-4-28: DUTIES OF PRIMARY CAREGIVERS:
A. Any primary caregiver cultivating marijuana in a residential structure within the town shall provide to the local licensing authority a copy of such primary caregiver's registration with the state licensing authority filed pursuant to section 25-1.5-106(7)(e)(I)(A), Colorado Revised Statutes.
B. If not contained in the primary caregiver's registration with the state licensing authority filed pursuant to section 25-1.5-106(7)(e)(I)(A), Colorado Revised Statutes, the primary caregiver shall provide the following information to the licensing authority:
1. Location of any medical marijuana cultivation;
2. The registry identification number for each patient; and
3. The number of plants authorized to cultivate for each patient.
The caregiver must update the registry within ten (10) days of any changes.
C. A primary caregiver shall maintain a list of his or her patients including the registry identification card number of each patient at all times.
D. Upon receipt of a copy of the primary caregiver's state registration, the licensing authority shall issue a Town of Breckenridge primary caregiver permit to such primary caregiver. Primary caregiver permits shall be for a term of one (1) calendar year, and shall be renewable upon compliance with all the provisions of this section. There shall be no fee for the issuance or renewal of a primary caregiver permit.
E. Two (2) or more primary caregivers shall not join together for the purpose of cultivating medical marijuana.
F. A person may not register as a primary caregiver if he or she is licensed as a medical marijuana business or retail marijuana business.
G. A primary caregiver who fails to register with the licensing authority shall do so within ten (10) days of being informed of the duty to register by law enforcement or any town official.
H. If any person fails to register pursuant to notification, such person shall be prohibited from ever registering and acting as a primary caregiver within the town.
I. If a primary caregiver is charged with failing to register, a law enforcement agency shall not be civilly liable for the loss or destruction of the primary caregiver's medical marijuana plants.
J. The town shall share with other law enforcement agencies the minimum necessary information as allowed by the Federal Health Insurance Portability and Accountability Act of 1996, PL 104-191, and the implementing administrative regulations, such as patient and caregiver identification numbers, to ensure that a patient does not have more than one (1) primary caregiver, or have both a caregiver and a medical marijuana center cultivating medical marijuana on his or her behalf at any given time.
K. The information provided to the licensing authority pursuant to this section shall not be provided to the public and is confidential. However, upon receiving an address-specific request for verification, the licensing authority or town police department shall verify the location of a primary caregiver cultivation operation and share the information with another law enforcement or regulatory agency. The location of the cultivation operation must comply with all applicable local laws, rules, and regulations.
L. A primary caregiver for no more than five (5) patients on the medical marijuana program registry at any time. (Ord. 36, Series 2020; amd. Ord. 13, Series 2022. Formerly 4-14-28)