C.R.S. § 44-10-101 Short title
44-10-101. Short title. The short title of this article 10 is the "Colorado Marijuana Code".
Regulated Marijuana
C.R.S. tit. 44, art. 10
in effectC.R.S. § 44-10-102 Legislative declaration
44-10-102. Legislative declaration. (1) The general assembly hereby declares that this article 10 is deemed an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state.
(2) The general assembly further declares that it is unlawful under state law to cultivate, manufacture, distribute, sell, or test medical marijuana and medical marijuana products, except in compliance with the terms, conditions, limitations, and restrictions in section 14 of article XVIII of the state constitution and this article 10 or when acting as a primary caregiver in compliance with the terms, conditions, limitations, and restrictions of section 25-1.5-106.
(3) The general assembly further declares that it is unlawful under state law to cultivate, manufacture, distribute, or sell retail marijuana and retail marijuana products, except in compliance with the terms, conditions, limitations, and restrictions in section 16 of article XVIII of the state constitution and this article 10.
C.R.S. § 44-10-103 Definitions - rules
44-10-103. Definitions - rules. As used in this article 10, unless the context otherwise requires:
(1) "Accelerator cultivator" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana cultivation facility on the premises of an accelerator-endorsed retail marijuana cultivation facility licensee.
(2) "Accelerator-endorsed licensee" means a retail marijuana cultivation facility licensee, retail marijuana products manufacturer licensee, or retail marijuana store who has, pursuant to rule, been endorsed to host and offer technical and capital support to a social equity licensee pursuant to the requirements of the accelerator program established pursuant to this article 10.
(3) Repealed.
(4) "Accelerator manufacturer" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana products manufacturer on the premises of an accelerator-endorsed retail marijuana products manufacturing licensee.
(4.5) "Accelerator store" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana store on the premises of an accelerator-endorsed retail marijuana store licensee.
(5) "Acquire", when used in connection with the acquisition of an owner's interest of a medical marijuana business or retail marijuana business, means obtaining ownership, control, power to vote, or sole power of disposition of the owner's interest, directly or indirectly or through one or more transactions or subsidiaries, through purchase, assignment, transfer, exchange, succession, or other means.
(6) "Acting in concert" means knowing participation in a joint activity or interdependent conscious parallel action toward a common goal, whether or not pursuant to an express agreement.
(6.5) "Adverse weather event" means:
(a) Damaging weather, which involves a drought, a freeze, hail, excessive moisture, excessive wind, or a tornado;
(b) An adverse natural occurrence, which involves an earthquake, wildfire, or flood; or
(c) Any additional adverse weather event or adverse natural occurrence as the state licensing authority may define by rule.
(7) "Advertising" means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication to directly induce any person to patronize a particular medical marijuana business or retail marijuana business or purchase particular regulated marijuana. "Advertising" does not include packaging and labeling, consumer education materials, or branding.
(8) "Affiliate" of, or person "affiliated with", has the same meaning as defined in 17 CFR 230.405.
(9) "Beneficial owner of", "beneficial ownership of", or "beneficially owns an" owner's interest is determined in accordance with 17 CFR 240.13d-3.
(10) "Branding" means promotion of a business's brand through publicizing the medical marijuana business's or retail marijuana business's name, logo, or distinct design features of the brand.
(11) "Consumer education materials" means any informational materials that seek to educate consumers about regulated marijuana generally, including but not limited to education regarding the safe consumption of marijuana, regulated marijuana concentrate, or regulated marijuana products, provided they are not distributed or made available to individuals under twenty-one years of age.
of the brand.
(11) "Consumer education materials" means any informational materials that seek to educate consumers about regulated marijuana generally, including but not limited to education regarding the safe consumption of marijuana, regulated marijuana concentrate, or regulated marijuana products, provided they are not distributed or made available to individuals under twenty-one years of age.
(12) "Control", "controls", "controlled", "controlling", "controlled by", and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting owner's interests, by contract, or otherwise.
(13) "Controlling beneficial owner" is limited to a person that satisfies one or more of the following criteria:
(a) A natural person, an entity as defined in section 7-90-102 (20) that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia, a publicly traded corporation, or a qualified private fund that is not a qualified institutional investor:
(I) Acting alone or acting in concert, that owns or acquires beneficial ownership of ten percent or more of the owner's interest of a medical marijuana business or retail marijuana business;
(II) That is an affiliate that controls a medical marijuana business or retail marijuana business and includes, without limitation, any manager; or
(III) That is otherwise in a position to control the medical marijuana business or retail marijuana business except as authorized in section 44-10-506 or 44-10-606; or
(b) A qualified institutional investor acting alone or acting in concert that owns or acquires beneficial ownership of more than thirty percent of the owner's interest of a medical marijuana business or retail marijuana business.
(14) "Escorted" means appropriately checked into a limited access area and accompanied by a person licensed by the state licensing authority; except that trade craftspeople not normally engaged in the business of cultivating, processing, selling, or testing regulated marijuana need not be accompanied on a full-time basis, but only reasonably monitored.
(15) "Executive director" means the executive director of the department of revenue.
(16) "Fibrous waste" means any roots, stalks, and stems from a medical or retail marijuana plant.
(16.5) (a) "Genetic material" means cannabis material used to propagate cannabis plants.
(b) "Genetic material" includes:
(I) Immature plants containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis;
(II) Cannabis seeds;
(III) Tissue culture; and
(IV) Small amounts or fragments of the cannabis plant containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry-weight basis.
(17) "Good cause", for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance, means:
(a) The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article 10; any rules promulgated pursuant to this article 10; or any supplemental local law, rules, or regulations;
(b) The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the state or local licensing authority;
d, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article 10; any rules promulgated pursuant to this article 10; or any supplemental local law, rules, or regulations;
(b) The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the state or local licensing authority;
(c) The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.
(17.5) "Hemp product" has the meaning set forth in section 25-5-427 (2)(d).
(18) "Immature plant" means a nonflowering marijuana plant that is no taller than fifteen inches and no wider than fifteen inches and is produced from a cutting, clipping, or seedling.
(19) "Indirect financial interest holder" means a person that is not an affiliate, a controlling beneficial owner, or a passive beneficial owner of a medical marijuana business or retail marijuana business and that:
(a) Holds a commercially reasonable royalty interest in exchange for a medical marijuana business's or retail marijuana business's use of the person's intellectual property;
(b) Holds a permitted economic interest that was issued prior to January 1, 2020, and that has not been converted into an owner's interest;
(c) Is a contract counterparty with a medical marijuana business or retail marijuana business, other than a customary employment agreement, that has a direct nexus to the cultivation, manufacture, or sale of regulated marijuana, including, but not limited to, a lease of real property on which the medical marijuana business or retail marijuana business operates, a lease of equipment used in the cultivation of regulated marijuana, a secured or unsecured financing agreement with the medical marijuana business or retail marijuana business, a security contract with the medical marijuana business or retail marijuana business, or a management agreement with the medical marijuana business or retail marijuana business, provided that no such contract compensates the contract counterparty with a percentage of revenue for profits of the medical marijuana business or retail marijuana business; or
(d) Is identified by rule by the state licensing authority as an indirect financial interest holder.
(20) "Industrial fiber products" means intermediate or finished products made from fibrous waste that are not intended for human or animal consumption and are not usable or recognizable as medical or retail marijuana. Industrial fiber products include but are not limited to cordage, paper, fuel, textiles, bedding, insulation, construction materials, compost materials, and industrial materials.
(21) and (22) Repealed.
(22.5) "Intoxicating cannabinoid" means a cannabinoid that is classified as an intoxicating cannabinoid in section 44-10-209 or by the state licensing authority by rule, in coordination with the department of public health and environment, in accordance with section 44-10-209 (3)(f) and (3)(g).
(23) "License" means to grant a license, permit, or registration pursuant to this article 10.
(24) "Licensed premises" means the premises specified in an application for a license under this article 10 that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, sell, or test regulated marijuana and regulated marijuana products in accordance with this article 10.
(25) "Licensee" means a person licensed or registered pursuant to this article 10.
means the premises specified in an application for a license under this article 10 that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, sell, or test regulated marijuana and regulated marijuana products in accordance with this article 10.
(25) "Licensee" means a person licensed or registered pursuant to this article 10.
(26) "Limited access areas", subject to the provisions of section 44-10-1001, means a building, room, or other contiguous area upon the licensed premises where regulated marijuana and regulated marijuana products are cultivated, manufactured, stored, weighed, packaged, sold, possessed for sale, or tested, under control of the licensee, with access limited to only those persons licensed by the state licensing authority and those visitors escorted by a person licensed by the state licensing authority. All areas of ingress or egress to limited access areas must be clearly identified as such by a sign as designated by the state licensing authority.
(27) "Local jurisdiction" means a locality as defined in section 16 (2)(e) of article XVIII of the state constitution.
(28) "Local licensing authority" means an authority designated by municipal, county, or city and county charter, ordinance, or resolution, or the governing body of a municipality or city and county, or the board of county commissioners of a county if no such authority is designated.
(29) "Location" means a particular parcel of land that may be identified by an address or other descriptive means.
(30) "Manager" has the same meaning as in section 7-90-102 (35.7).
(31) "Marijuana accessories" has the same meaning as defined in section 16 (2)(g) of article XVIII of the state constitution.
(32) "Marijuana-based workforce development or training program" means a program designed to train individuals to work in the regulated marijuana industry operated by an entity licensed under this article 10 or by a school that is authorized by the private occupational school division.
(33) "Marijuana consumer waste" means any component left after the consumption of a regulated marijuana product, including but not limited to containers, packages, cartridges, pods, cups, batteries, all-in-one disposable devices, and any other waste component left after the regulated marijuana is consumed as defined by rules promulgated by the state licensing authority.
(33.5) "Marijuana hospitality business" means a facility, which may be mobile, licensed to permit the consumption of marijuana pursuant to this article 10; rules promulgated pursuant to this article 10; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates.
(34) "Medical marijuana" means marijuana that is grown and sold pursuant to the provisions of this article 10 and for a purpose authorized by section 14 of article XVIII of the state constitution but shall not be considered a nonprescription drug for purposes of section 12-280-103 (28) or 39-26-717, or an over-the-counter medication for purposes of section 25.5-5-322. If the context requires, medical marijuana includes medical marijuana concentrate and medical marijuana products.
(35) "Medical marijuana business" means any of the following entities licensed pursuant to this article 10: A medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a marijuana research and development licensee, a medical marijuana business operator, or a medical marijuana transporter.
marijuana products.
(35) "Medical marijuana business" means any of the following entities licensed pursuant to this article 10: A medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a marijuana research and development licensee, a medical marijuana business operator, or a medical marijuana transporter.
(36) "Medical marijuana business operator" means an entity or person that is not an owner and that is licensed to provide professional operational services to a medical marijuana business for direct remuneration from the medical marijuana business. A medical marijuana business operator is not, by virtue of its status as a medical marijuana business operator, a controlling beneficial owner or a passive beneficial owner of any medical marijuana business it operates.
(36.5) "Medical marijuana concentrate" means a subset of medical marijuana that is separated from the medical marijuana plant and results in matter with a higher concentration of cannabinoids than naturally occur in the plant. Medical marijuana concentrate contains cannabinoids and may contain terpenes and other chemicals that are naturally occurring in medical marijuana plants that have been separated from medical marijuana. Medical marijuana concentrate may also include residual amounts of the types of solvents, as permitted by the marijuana rules. The state licensing authority may further define by rule subcategories of medical marijuana concentrate and authorize limited ingredients based on the method of production of medical marijuana concentrate. Unless the context otherwise requires, medical marijuana concentrate is included when this article 10 refers to medical marijuana product.
(37) "Medical marijuana cultivation facility" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-502.
(38) "Medical marijuana product" means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures.
(39) "Medical marijuana products manufacturer" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-503.
(40) "Medical marijuana store" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-501 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of article XVIII of the state constitution, but is not a primary caregiver.
(41) "Medical marijuana transporter" means an entity or person licensed to transport medical marijuana and medical marijuana products from one medical marijuana business to another medical marijuana business and to temporarily store the transported medical marijuana and medical marijuana products at its licensed premises, but not authorized to sell medical marijuana or medical marijuana products under any circumstances.
(42) "Mobile distribution center" means any vehicle other than a common passenger light-duty vehicle with a short wheel base used to carry a quantity of marijuana greater than one ounce.
(42.5) "Nonintoxicating cannabinoid" means a cannabinoid that is classified as a nonintoxicating cannabinoid in section 44-10-209 or by the state licensing authority by rule, in coordination with the department of public health and environment, in accordance with section 44-10-209 (3)(f) and (3)(g).
(42.6) "Novel cannabinoid" means any cannabinoid that has not been assessed by the state or a federal agency for a safety profile and intoxication profile.
(43) "Opaque" means that the packaging does not allow the product to be seen without opening the packaging material.
in coordination with the department of public health and environment, in accordance with section 44-10-209 (3)(f) and (3)(g).
(42.6) "Novel cannabinoid" means any cannabinoid that has not been assessed by the state or a federal agency for a safety profile and intoxication profile.
(43) "Opaque" means that the packaging does not allow the product to be seen without opening the packaging material.
(44) "Operating fees", as referred to in section 16 (5)(f) of article XVIII of the state constitution, means fees that may be charged by a local jurisdiction for costs, including but not limited to inspection, administration, and enforcement of retail marijuana businesses authorized pursuant to this article 10.
(45) "Owner's interest" has the same meaning as in section 7-90-102 (44) and is synonymous with the term "security" unless the context otherwise requires.
(46) "Passive beneficial owner" means any person acquiring any owner's interest in a medical marijuana business or retail marijuana business that is not otherwise a controlling beneficial owner or in control.
(47) "Permitted economic interest" means any unsecured convertible debt instrument, option agreement, warrant, or any other right to obtain an ownership interest when the holder of such interest is a natural person who is a lawful United States resident and whose right to convert into an ownership interest is contingent on the holder qualifying and obtaining a license as an owner under this article 10, or such other agreements as may be permitted by rule of the state licensing authority.
(48) "Person" has the same meaning as defined in section 7-90-102 (49).
(48.5) (a) "Potentially intoxicating cannabinoid" means:
(I) A novel cannabinoid; and
(II) A cannabinoid that is not a phytocannabinoid.
(b) "Potentially intoxicating cannabinoid" does not include:
(I) Nonintoxicating cannabinoids; or
(II) Cannabinoids or compounds that comprise a naturally derived full spectrum hemp extract or broad spectrum hemp extract.
(49) "Premises" means a distinctly identified, as required by the state licensing authority, and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.
(50) "Publicly traded corporation" means any person other than an individual that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia or another country that authorizes the sale of marijuana and that:
(a) Has a class of securities registered pursuant to 15 U.S.C. sec. 77a et seq., that:
(I) Constitutes "covered securities" pursuant to 15 U.S.C. sec. 77r (b)(1)(A); or
(II) Is qualified and quoted on the OTCQX or OTCQB tier of the OTC markets if:
(A) The person is then required to file reports and is filing reports on a current basis with the federal securities and exchange commission pursuant to 15 U.S.C. sec. 78a et seq., as if the securities constituted "covered securities" as described in subsection (50)(a)(I) of this section; and
(B) The person has established and is in compliance with corporate governance measures pursuant to corporate governance obligations imposed on securities qualified and quoted on the OTCQX tier of the OTC markets.
(b) Is an entity that has a class of securities listed on the Canadian securities exchange, Toronto stock exchange, TSX venture exchange, or other equity securities exchange recognized by the state licensing authority, if:
(I) The entity constitutes a "foreign private issuer", as defined in 17 CFR 230.405, whose securities are exempt from registration pursuant to 15 U.S.C. sec. 78a et seq., pursuant to 17 CFR 240.12g3-2; and
(II) The entity has been, for the preceding three hundred sixty-five days or since the formation of the entity, in compliance with all governance and reporting obligations imposed by the relevant exchange on such entity;
a "foreign private issuer", as defined in 17 CFR 230.405, whose securities are exempt from registration pursuant to 15 U.S.C. sec. 78a et seq., pursuant to 17 CFR 240.12g3-2; and
(II) The entity has been, for the preceding three hundred sixty-five days or since the formation of the entity, in compliance with all governance and reporting obligations imposed by the relevant exchange on such entity;
(c) Is reasonably identified as a publicly traded corporation by rule; or
(d) A "publicly traded corporation" described in subsection (50)(a), (50)(b), or (50)(c) of this section does not include:
(I) An "ineligible issuer", as defined in 17 CFR 230.405, unless such publicly traded corporation satisfies the definition of ineligible issuer solely because it is one or more of the following, and the person is filing reports on a current basis with the federal securities and exchange commission pursuant to 15 U.S.C. sec. 78a et seq., as if the securities constituted "covered securities" as described in subsection (50)(a)(I) of this section, and prior to becoming a publicly traded corporation, the person for at least two years was licensed by the state licensing authority as a medical marijuana business or retail marijuana business with a demonstrated history of operations in the state of Colorado, and during such time was not subject to suspension or revocation of the license:
(A) A "blank check company", as defined in 17 CFR 230.419 (a)(2);
(B) An issuer in an offering of "penny stock", as defined in 17 CFR 240.3a51-1; or
(C) A "shell company", as defined in 17 CFR 240.12b-2; and
(II) A person disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1).
(51) "Qualified institutional investor" means:
(a) A bank, as defined in 15 U.S.C. sec. 78c (a)(6), if the bank is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;
(b) A bank holding company, as defined in 12 U.S.C. sec. 1841 (a)(1), if the bank holding company is registered and current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;
(c) An insurance company, as defined in 15 U.S.C. sec. 80a-2 (a)(17), if the insurance company is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;
(d) An investment company registered and subject to 15 U.S.C. sec. 80a-1 et seq., if the investment company is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;
(e) An employee benefit plan or pension fund subject to 29 U.S.C. sec. 1001 et seq., excluding an employee benefit plan or pension fund sponsored by a licensee or an intermediary holding company licensee that directly or indirectly owns ten percent or more of a licensee;
(f) A state or federal government pension plan;
(g) A group comprised entirely of persons specified in subsections (51)(a) to (51)(f) of this section; or
(h) Any other entity identified by rule by the state licensing authority.
(52) "Qualified private fund" means an issuer that would be an investment company, as defined in, but for the exclusions provided under, 15 U.S.C. sec. 80a-3, and that:
(a) Is advised or managed by an investment adviser, as defined and registered pursuant to 15 U.S.C. sec. 80b-1 et seq., and for which the registered investment adviser is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder; and
n investment company, as defined in, but for the exclusions provided under, 15 U.S.C. sec. 80a-3, and that:
(a) Is advised or managed by an investment adviser, as defined and registered pursuant to 15 U.S.C. sec. 80b-1 et seq., and for which the registered investment adviser is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder; and
(b) Satisfies one or more of the following:
(I) Is organized under the law of a state or the United States;
(II) Is organized, operated, or sponsored by a "U.S. person", as defined under 17 CFR 230.902(k), as amended; or
(III) Sells securities to a "U.S. person", as defined under 17 CFR 230.902(k), as amended.
(53) "Reasonable cause" means just or legitimate grounds based in law and in fact to believe that the particular requested action furthers the purposes of this article 10 or protects public safety.
(54) "Regulated marijuana" means medical marijuana and retail marijuana. If the context requires, regulated marijuana includes medical marijuana concentrate, medical marijuana products, retail marijuana concentrate, and retail marijuana products.
(55) "Regulated marijuana products" means medical marijuana products and retail marijuana products.
(56) "Resealable" means that the package continues to function within effectiveness specifications, which shall be established by the state licensing authority similar to the federal "Poison Prevention Packaging Act of 1970", 15 U.S.C. sec. 1471 et seq., for the number of openings and closings customary for its size and contents, which shall be determined by the state licensing authority.
(57) "Retail marijuana" means "marijuana" or "marihuana", as defined in section 16 (2)(f) of article XVIII of the state constitution, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana business. If the context requires, retail marijuana includes retail marijuana concentrate and retail marijuana products.
(58) "Retail marijuana business" means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer, a marijuana hospitality business, a retail marijuana hospitality and sales business, a retail marijuana testing facility, a retail marijuana business operator, or a retail marijuana transporter licensed pursuant to this article 10.
(59) "Retail marijuana business operator" means an entity or person that is not an owner and that is licensed to provide professional operational services to a retail marijuana business for direct remuneration from the retail marijuana business.
(59.5) "Retail marijuana concentrate" means a subset of retail marijuana that is separated from the retail marijuana plant and results in matter with a higher concentration of cannabinoids than naturally occur in the plant. Retail marijuana concentrate contains cannabinoids and may contain terpenes and other chemicals that are naturally occurring in retail marijuana plants that have been separated from retail marijuana. Retail marijuana concentrate may also include residual amounts of the types of solvents, as permitted by the marijuana rules. The state licensing authority may further define by rule subcategories of retail marijuana concentrate and authorize limited ingredients based on the method of production of retail marijuana concentrate. Unless the context otherwise requires, retail marijuana concentrate is included when this article 10 refers to retail marijuana product.
the types of solvents, as permitted by the marijuana rules. The state licensing authority may further define by rule subcategories of retail marijuana concentrate and authorize limited ingredients based on the method of production of retail marijuana concentrate. Unless the context otherwise requires, retail marijuana concentrate is included when this article 10 refers to retail marijuana product.
(60) "Retail marijuana cultivation facility" has the same meaning as "marijuana cultivation facility" as defined in section 16 (2)(h) of article XVIII of the state constitution.
(60.5) "Retail marijuana hospitality and sales business" means a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates.
(61) "Retail marijuana products" means "marijuana products" as defined in section 16 (2)(k) of article XVIII of the state constitution that are produced at a retail marijuana products manufacturer.
(62) "Retail marijuana products manufacturer" has the same meaning as "marijuana product manufacturing facility" as defined in section 16 (2)(j) of article XVIII of the state constitution.
(63) "Retail marijuana store" has the same meaning as defined in section 16 (2)(n) of article XVIII of the state constitution.
(64) "Retail marijuana testing facility" means "marijuana testing facility" as defined in section 16 (2)(l) of article XVIII of the state constitution that is licensed pursuant to this article 10.
(65) "Retail marijuana transporter" means an entity or person licensed to transport retail marijuana and retail marijuana products from one retail marijuana business to another retail marijuana business and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but not authorized to sell retail marijuana or retail marijuana products under any circumstances.
(66) "Sale" or "sell" includes to exchange, barter, or traffic in; to solicit or receive and order except through a licensee licensed under this article 10; to deliver for value in any way other than gratuitously; to peddle or possess with intent to sell; or to traffic in for any consideration promised or obtained directly or indirectly.
(67) "School" means a public or private preschool or a public or private elementary, middle, junior high, or high school or institution of higher education.
(68) "Security" has the same meaning as defined in 15 U.S.C. sec. 77b (a)(1) et seq.
(68.5) "Social equity licensee" means a natural person who meets the criteria established pursuant to section 44-10-308 (4). A person qualified as a social equity licensee may participate in the accelerator program established pursuant to this article 10 or may hold a regulated marijuana business license or permit issued pursuant to this article 10.
(69) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana in this state pursuant to section 44-10-201.
C.R.S. § 44-10-104 Applicability - medical marijuana - retail marijuana
44-10-104. Applicability - medical marijuana - retail marijuana. (1) (a) A county, city and county, or municipality may adopt and enforce a resolution or ordinance licensing, regulating, or prohibiting the cultivation or sale of medical marijuana. In a county, city and county, or municipality where such an ordinance or resolution has been adopted, a person who is not registered as a patient or primary caregiver pursuant to section 25-1.5-106 and who is cultivating or selling medical marijuana is not entitled to an affirmative defense to a criminal prosecution as provided for in section 14 of article XVIII of the state constitution unless the person is in compliance with the applicable county or municipal law.
(b) The operation of this article 10 as it relates to medical marijuana shall be statewide unless a municipality, county, city, or city and county, by either a majority of the registered electors of the municipality, county, city, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, city, or city and county, vote to prohibit the operation of medical marijuana stores, medical marijuana cultivation facilities, and medical marijuana products manufacturers' licenses.
(c) All businesses for the purpose of cultivation, manufacture, or sale of medical marijuana or medical marijuana products, as defined in this article 10, are subject to the terms and conditions of this article 10 and any rules promulgated pursuant to this article 10.
(2) (a) A person applying for licensure pursuant to this article 10 must complete forms as provided by the state licensing authority and must pay the application fee and the licensing fee, which must be credited to the marijuana cash fund established pursuant to section 44-10-801. The state licensing authority shall forward, within seven days after receipt, one-half of the retail marijuana business license application fee to the local jurisdiction unless the application is for an accelerator cultivator, accelerator manufacturer, or accelerator store license or unless the local jurisdiction has prohibited the operation of retail marijuana businesses pursuant to section 16 (5)(f) of article XVIII of the state constitution. If the license is denied, the state licensing authority may refund only the licensing fee to the applicant. The applicant's application fees must be retained by the state licensing authority, and a local licensing authority may retain the applicant's application fees.
(b) The state licensing authority shall act upon a retail marijuana business license application made pursuant to subsection (1)(a) of this section no sooner than forty-five days and no later than ninety days after the date of the retail marijuana business license application. The state licensing authority shall process retail marijuana business license applications in the order in which complete applications are received by the state licensing authority.
(3) As provided in section 16 (5)(f) of article XVIII of the state constitution, any local jurisdiction may enact ordinances or regulations governing the time, place, manner, and number of retail marijuana businesses, which may include a local licensing requirement, or may prohibit the operation of retail marijuana businesses through the enactment of an ordinance or through a referred or initiated measure. If a county acts through an initiated measure, the proponents shall submit a petition signed by not less than fifteen percent of the registered electors in the county.
d number of retail marijuana businesses, which may include a local licensing requirement, or may prohibit the operation of retail marijuana businesses through the enactment of an ordinance or through a referred or initiated measure. If a county acts through an initiated measure, the proponents shall submit a petition signed by not less than fifteen percent of the registered electors in the county.
(4) This article 10 sets forth the exclusive means by which cultivation, manufacture, sale, distribution, dispensing, and testing of regulated marijuana and regulated marijuana products may occur in the state of Colorado.
(5) (a) Nothing in this article 10 is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivating of regulated marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.
(b) Nothing in this article 10 prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity that occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or cultivating of regulated marijuana on or in that property.
(c) Notwithstanding any other provision of this subsection (5), holding or exercising the privileges of any license issued pursuant to this article 10 shall not constitute an unsuitable or unlawful act or practice within the meaning of the statutes and rules governing the Colorado limited gaming control commission.
C.R.S. § 44-10-105 Marijuana employee designation
44-10-105. Marijuana employee designation. An employee of a licensee is not an agricultural worker unless the employee is a laborer at a farm, plantation, ranch, nursery, range, greenhouse, orchard, or other structure used for the raising of agricultural or horticultural commodities, as long as the structure is utilized for at least fifty percent of the total output produced.
C.R.S. § 44-10-106 Marijuana employee labor rights
44-10-106. Marijuana employee labor rights. If the national labor relations board or a court rules that marijuana or marijuana-related businesses are not covered by the federal "National Labor Relations Act", 29 U.S.C. sec. 151 et seq., then a marijuana business or marijuana-related business and its employees doing business in Colorado are covered by the "Labor Peace Act", part 1 of article 3 of title 8, to the same extent that a business would be covered by the federal "National Labor Relations Act", 29 U.S.C. sec. 151 et seq., absent such a ruling.
C.R.S. § 44-10-201 State licensing authority - creation
44-10-201. State licensing authority - creation. (1) (a) For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana in this state, there is hereby created the state licensing authority, which is the executive director or the deputy director of the department if the executive director so designates.
(b) The state licensing authority also has regulatory authority for retail marijuana and retail marijuana products as permitted in section 16 of article XVIII of the state constitution and this article 10.
(2) The executive director is the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, such officers and employees as may be determined to be necessary, which officers and employees are part of the department.
(3) A state licensing authority employee with regulatory oversight responsibilities for marijuana businesses licensed by the state licensing authority shall not work for, represent, or provide consulting services to or otherwise derive pecuniary gain from a medical or retail marijuana business licensed by the state licensing authority or other business entity established for the primary purpose of providing services to the marijuana industry for a period of six months following his or her last day of employment with the state licensing authority.
(4) Any person who discloses confidential records or information in violation of the provisions of this article 10 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. Any criminal prosecution pursuant to the provisions of this section must be brought within five years from the date the violation occurred.
C.R.S. § 44-10-202 Powers and duties of state licensing authority - stakeholder work group - rules - report - legislative declaration
44-10-202. Powers and duties of state licensing authority - stakeholder work group - rules - report - legislative declaration. (1) Powers and duties. The state licensing authority shall:
(a) Develop and maintain a seed-to-sale tracking system that tracks regulated marijuana from either the seed or immature plant stage until the regulated marijuana or regulated marijuana product is sold to a patient at a medical marijuana store or to a customer at a retail marijuana store or a retail marijuana hospitality and sales business to ensure that no regulated marijuana grown or processed by a medical marijuana business or retail marijuana business is sold or otherwise transferred except by a medical or retail marijuana store or a retail marijuana hospitality and sales business; except that the medical marijuana or medical marijuana product is no longer subject to the tracking system once the medical marijuana or medical marijuana product has been:
(I) Repealed.
(II) Transferred to a pesticide manufacturer in quantities that are limited as specified in rules promulgated by the state licensing authority, in consultation with the departments of public health and environment and agriculture. The rules must define a pesticide manufacturer that is authorized to conduct research and must authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical marijuana. Notwithstanding any other provision of law, a pesticide manufacturer authorized pursuant to this subsection (1)(a)(II) to conduct pesticide research regarding marijuana must be located in Colorado, must conduct the research in Colorado, and is exempt from all otherwise applicable restrictions on the possession and use of medical marijuana or medical marijuana products; except that the manufacturer shall:
(A) Not possess at any time a quantity of medical marijuana or medical marijuana product in excess of the limit established in rules promulgated by the state licensing authority;
(B) Use the medical marijuana and medical marijuana product only for the pesticide research authorized pursuant to this subsection (1)(a)(II);
(C) Destroy, in compliance with rules promulgated by the state licensing authority, all medical marijuana and medical marijuana products remaining after the research has been completed; and
(D) Not apply pesticides for research purposes on the licensed premises of a medical marijuana business.
(b) Grant or refuse state licenses for the cultivation, manufacture, distribution, sale, hospitality, and testing of regulated marijuana and regulated marijuana products as provided by law; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 10 or any rule promulgated pursuant to this article 10; and impose any penalty authorized by this article 10 or any rule promulgated pursuant to this article 10. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.
(c) Promulgate rules for the proper regulation and control of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana and regulated marijuana products and for the enforcement of this article 10 and promulgate amended rules and such special rulings and findings as necessary;
to this article 10, in accordance with the procedures established pursuant to this article 10.
(c) Promulgate rules for the proper regulation and control of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana and regulated marijuana products and for the enforcement of this article 10 and promulgate amended rules and such special rulings and findings as necessary;
(d) Hear and determine at a public hearing any contested state license denial and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24. The state licensing authority may, at its discretion, delegate to the department hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section 24-4-105. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority.
(e) Develop such forms, licenses, identification cards, and applications as are necessary or convenient in the discretion of the state licensing authority for the administration of this article 10 or rules promulgated pursuant to this article 10;
(f) Prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the state licensing authority; and
(g) Collect and maintain data related to licensing disqualifications and all sanctions based on past criminal history pursuant to the requirements in section 24-34-104 (6)(b)(IX).
(h) Repealed.
(2) Nothing in this article 10 delegates to the state licensing authority the power to fix prices for regulated marijuana.
(3) Nothing in this article 10 limits a law enforcement agency's ability to investigate unlawful activity in relation to a medical marijuana business or retail marijuana business. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a primary caregiver, licensee, or employee of a licensee during an investigation of unlawful activity related to medical marijuana. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to regulated marijuana and regulated marijuana products.
(4) The executive director of the department of public health and environment shall provide to the state licensing authority standards for licensing laboratories pursuant to the requirements as outlined in section 44-10-203 (2)(d)(II) for regulated marijuana and regulated marijuana products.
(5) (a) The state licensing authority has the authority to petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 10 to obtain documents or information necessary to enforce the provisions of this article 10 and any rules promulgated pursuant to this article 10 after reasonable efforts have been made to obtain requested documents or information without a subpoena.
ity has the authority to petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 10 to obtain documents or information necessary to enforce the provisions of this article 10 and any rules promulgated pursuant to this article 10 after reasonable efforts have been made to obtain requested documents or information without a subpoena.
(b) The state licensing authority may apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 10 and to enforce compliance with this article 10 or any rule or order issued pursuant to this article 10 whenever it appears to the state licensing authority upon sufficient evidence satisfactory to the state licensing authority that any person has been or is committing an act prohibited by this article 10, a rule promulgated pursuant to this article 10, a rule or an order issued pursuant to this article 10, and the act:
(I) Threatens public health or safety;
(II) Constitutes an unlawful act for which the person does not hold the required license under this article 10; or
(III) Constitutes a violation of an order of the state licensing authority.
(6) The general assembly finds and declares that matters related to labeling as regulated pursuant to this section and section 44-10-203 (2)(f), packaging as regulated pursuant to this section and section 44-10-203 (3)(b), and testing as regulated pursuant to this section and section 44-10-203 (2)(d) are matters of statewide concern and the sole regulatory authority for labeling, packaging, and testing is section 44-10-203.
(7) and (8) Repealed.
C.R.S. § 44-10-203 State licensing authority - rules
44-10-203. State licensing authority - rules. (1) Permissive rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) may include the following subjects:
(a) Labeling guidelines concerning the total content of THC per unit of weight;
(b) Control of informational and product displays on licensed premises;
(c) Records to be kept by licensees and the required availability of the records;
(d) Permitted economic interests issued prior to January 1, 2020, including a process for a criminal history record check, a requirement that a permitted economic interest applicant submit to and pass a criminal history record check, a divestiture, and other agreements that would qualify as permitted economic interests;
(e) Specifications of duties of officers and employees of the state licensing authority;
(f) Instructions for local licensing authorities and law enforcement officers;
(g) Requirements for inspections, investigations, searches, seizures, forfeitures, and such additional activities as may become necessary from time to time;
(h) Prohibition of misrepresentation and unfair practices;
(i) Marijuana research and development licenses, including application requirements; renewal requirements, including whether additional research projects may be added or considered; conditions for license revocation; security measures to ensure marijuana is not diverted to purposes other than research or diverted outside of the regulated marijuana market; the amount of plants, useable marijuana, marijuana concentrates, or marijuana products a licensee may have on its premises; licensee reporting requirements; the conditions under which marijuana possessed by medical marijuana licensees may be donated to marijuana research and development licensees or transferred to a nonmetric-based research facility; provisions to prevent contamination; requirements for destruction or transfer of marijuana after the research is concluded; and any additional requirements;
(j) A definition for "disproportionate impacted area" to the extent relevant state of Colorado data exists, is available, and is used for the purpose of determining eligibility for a social equity licensee;
(j.3) The documentation a natural person applying to be a social equity licensee must provide and the documentation verification the state licensing authority performs;
(j.5) The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans; and
(k) Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article 10.
(2) Mandatory rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) must include the following subjects:
(a) Procedures consistent with this article 10 for the issuance, renewal, suspension, and revocation of licenses to operate medical marijuana businesses and retail marijuana businesses;
(b) Subject to the limitations contained in section 16 (5)(a)(II) of article XVIII of the state constitution and consistent with this article 10, a schedule of application, licensing, and renewal fees for medical marijuana businesses and retail marijuana businesses;
(c) Qualifications for licensure pursuant to this article 10, including but not limited to the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners, passive beneficial owners, managers, contractors, employees, and other support staff of entities licensed pursuant to this article 10;
or medical marijuana businesses and retail marijuana businesses;
(c) Qualifications for licensure pursuant to this article 10, including but not limited to the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners, passive beneficial owners, managers, contractors, employees, and other support staff of entities licensed pursuant to this article 10;
(d) (I) Establishment of a marijuana and marijuana products independent testing and certification program for marijuana business licensees, within an implementation time frame established by the department, requiring licensees to test marijuana and hemp products to ensure, at a minimum, that products sold for human consumption by persons licensed pursuant to this article 10 do not contain contaminants that are injurious to health and to ensure correct labeling.
(II) Testing may include analysis for microbial and residual solvents and chemical and biological contaminants deemed to be public health hazards by the Colorado department of public health and environment based on medical reports and published scientific literature.
(III) (A) If test results indicate the presence of a substance determined to be injurious to health, the medical marijuana or retail marijuana licensee shall immediately quarantine the products and notify the state licensing authority. The state licensing authority shall give the licensee an opportunity to remediate or decontaminate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate or decontaminate the product, the licensee shall document and properly destroy the adulterated product. If the licensee is able to remediate or decontaminate the product and the product passes retesting, the licensee need not provide an additional label that would otherwise not be required for a product that passed initial testing.
(B) If retail marijuana or retail marijuana product test results indicate the presence of quantities of a substance determined to be injurious to health, including pesticides, the state licensing authority shall give the licensee an opportunity to retest the retail marijuana or retail marijuana product.
(C) If two additional tests of the retail marijuana or retail marijuana product do not indicate the presence of quantities of any substance determined to be injurious to health, the product may be used or sold by the retail marijuana licensee.
(IV) (A) Testing must also verify THC potency representations and homogeneity for correct labeling and provide a cannabinoid profile for the regulated marijuana product.
(B) An individual retail marijuana piece of ten milligrams or less that has gone through process validation is exempt from continued homogeneity testing.
(C) Homogeneity testing for one hundred milligram servings of retail marijuana may utilize validation measures.
(V) The state licensing authority shall determine an acceptable variance for potency representations and procedures to address potency misrepresentations. The state licensing authority shall determine an acceptable variance of at least plus or minus fifteen percent for potency representations and procedures to address potency misrepresentations.
(VI) The state licensing authority shall determine the protocols and frequency of regulated marijuana testing by licensees.
for potency representations and procedures to address potency misrepresentations. The state licensing authority shall determine an acceptable variance of at least plus or minus fifteen percent for potency representations and procedures to address potency misrepresentations.
(VI) The state licensing authority shall determine the protocols and frequency of regulated marijuana testing by licensees.
(VII) A state, local, or municipal agency shall not employ or use the results of any test of regulated marijuana or regulated marijuana products conducted by an analytical laboratory that is not certified pursuant to this subsection (2)(d)(VII) for the particular testing category or that is not accredited to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing. Starting January 1, 2018, a state, local, or municipal agency may use or employ the results of any test of regulated marijuana or regulated marijuana products conducted on or after January 1, 2018, by an analytical laboratory that is certified pursuant to this subsection (2)(d)(VII) for the particular testing category or is accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing.
(VIII) On or before January 1, 2019, the state licensing authority shall require a medical marijuana testing facility or retail marijuana testing facility to be accredited by a body that is itself recognized by the International Laboratory Accreditation Cooperation in a category of testing pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or a subsequent superseding standard, in order to receive certification or maintain certification; except that the state licensing authority may by rule establish conditions for providing extensions to a newly licensed medical marijuana testing facility or retail marijuana testing facility for a period not to exceed twelve months or a medical marijuana testing facility or retail marijuana testing facility for good cause as defined by rules promulgated by the state licensing authority, which must include but may not be limited to when an application for accreditation has been submitted and is pending with a recognized accrediting body.
(IX) The state licensing authority shall promulgate rules that prevent redundant testing of marijuana and marijuana concentrate, including, but not limited to, potency testing of marijuana allocated to extractions, and residual solvent testing of marijuana concentrate when all inputs of the marijuana concentrate have passed residual solvent testing pursuant to this subsection (2)(d).
(e) Security requirements for any premises licensed pursuant to this article 10, including, at a minimum, lighting, physical security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10, including biennial reporting requirements for changes, alterations, or modifications to the premises;
(f) Labeling requirements for regulated marijuana and regulated marijuana products sold by a medical marijuana business or retail marijuana business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:
(I) Warning labels;
(II) Amount of THC per serving and the number of servings per package for regulated marijuana products;
(III) A universal symbol indicating that the package contains marijuana; and
(IV) Potency of the regulated marijuana and regulated marijuana products;
business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:
(I) Warning labels;
(II) Amount of THC per serving and the number of servings per package for regulated marijuana products;
(III) A universal symbol indicating that the package contains marijuana; and
(IV) Potency of the regulated marijuana and regulated marijuana products;
(g) Health and safety regulations and standards for the manufacture of regulated marijuana products and the cultivation of regulated marijuana, including procedures for the embargo and destruction of regulated marijuana in accordance with section 44-10-207;
(h) Regulation of the storage of, warehouses for, and transportation of regulated marijuana and regulated marijuana products, including procedures for the administrative hold of regulated marijuana and regulated marijuana products pursuant to section 44-10-207, including establishing the following standards and processes to resolve administrative holds in a timely manner:
(I) Defining circumstances for the issuance of an administrative hold, which circumstances must be based on objectives related to preventing the destruction of evidence, preventing diversion, or addressing a threat to public safety;
(II) Reasonable time frames and actions for the expedient resolution of an administrative hold issued to preserve evidence and standards by which the state licensing authority would have reasonable grounds to extend an administrative hold due to the nature of the investigation or a threat to public safety;
(III) Reasonable expectations and timelines for notices of administrative holds and subsequent processes; and
(IV) Processes allowing a licensee to destroy any regulated marijuana or regulated marijuana products that are subject to an administrative hold when the need to preserve evidence has subsided;
(i) Sanitary requirements for medical marijuana businesses and retail marijuana businesses, including but not limited to sanitary requirements for the preparation of regulated marijuana products;
(j) The reporting and transmittal of monthly sales tax payments by medical marijuana stores and retail marijuana stores and any applicable excise tax payments by retail marijuana cultivation facilities;
(k) Authorization for the department to have access to licensing information to ensure sales, excise, and income tax payment and the effective administration of this article 10;
(l) Compliance with, enforcement of, or violation of any provision of this article 10, section 18-18-406.3 (7), or any rule promulgated pursuant to this article 10, including procedures and grounds for denying, suspending, fining, restricting, or revoking a state license issued pursuant to this article 10;
(m) Establishing a schedule of penalties and procedures for issuing and appealing citations for violation of statutes and rules and issuing administrative citations;
(n) Medical marijuana transporter licensed businesses and retail marijuana transporter licensed businesses, including requirements for drivers, including obtaining and maintaining a valid Colorado driver's license; insurance requirements; acceptable time frames for transport, storage, and delivery; requirements for transport vehicles; requirements for deliveries; and requirements for licensed premises;
(o) Medical marijuana business operator licenses and retail marijuana business operator licensees, including the form and structure of allowable agreements between operators and the medical or retail marijuana business;
(p) Unescorted visitors in limited access areas;
(q) Temporary appointee registrations issued pursuant to section 44-10-401 (3), including occupational and business registration requirements; application time frames; notification requirements; issuance, expiration, renewal, suspension, and revocation of a temporary appointee registration; and conditions of registration;
etail marijuana business;
(p) Unescorted visitors in limited access areas;
(q) Temporary appointee registrations issued pursuant to section 44-10-401 (3), including occupational and business registration requirements; application time frames; notification requirements; issuance, expiration, renewal, suspension, and revocation of a temporary appointee registration; and conditions of registration;
(r) Requirements for a centralized distribution permit for medical marijuana cultivation facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-502 (6) or 44-10-602 (7), including but not limited to permit application requirements and privileges and restrictions of a centralized distribution permit;
(s) Requirements for issuance of co-location permits to a marijuana research and development licensee authorizing co-location with a medical marijuana products manufacturer or retail marijuana products manufacturer licensed premises, including application requirements, eligibility, restrictions to prevent cross-contamination and to ensure physical separation of inventory and research activities, and other privileges and restrictions of permits;
(t) Development of individual identification cards for individuals working in or having unescorted access to the limited access areas of the licensed premises of a medical marijuana business or retail marijuana business, including a fingerprint-based criminal history record check as may be required by the state licensing authority prior to issuing a card;
(u) Identification of state licensees and their controlling beneficial owners, passive beneficial owners, managers, and employees;
(v) The specification of acceptable forms of picture identification that a medical marijuana store or retail marijuana store may accept when verifying a sale, including but not limited to government-issued identification cards;
(w) State licensing procedures, including procedures for renewals, reinstatements, initial licenses, and the payment of licensing fees;
(x) The conditions under which a licensee is authorized to transfer fibrous waste to a person for the purpose of producing only industrial fiber products. The conditions must include contract requirements that stipulate that the fibrous waste will only be used to produce industrial fiber products; record-keeping requirements; security measures related to the transport and transfer of fibrous waste; requirements for handling contaminated fibrous waste; and processes associated with handling fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state prior to transfer.
(y) Requiring that edible regulated marijuana products be clearly identifiable, when practicable, with a standard symbol indicating that they contain marijuana and are not for consumption by children. The symbols promulgated by rule of the state licensing authority must not appropriate signs or symbols associated with another Colorado business or industry;
rom its natural state prior to transfer.
(y) Requiring that edible regulated marijuana products be clearly identifiable, when practicable, with a standard symbol indicating that they contain marijuana and are not for consumption by children. The symbols promulgated by rule of the state licensing authority must not appropriate signs or symbols associated with another Colorado business or industry;
(z) Requirements to prevent the sale or diversion of retail marijuana and retail marijuana products to persons under twenty-one years of age;
(aa) The implementation of an accelerator program including but not limited to rules to establish requirements for social equity licensees operating on the same licensed premises or on separate premises possessed by an accelerator-endorsed licensee. The state licensing authority's rules establishing an accelerator program may include requirements for severed custodianship of regulated marijuana products, protections of the intellectual property of a social equity licensee, incentives for accelerator-endorsed licensees, and additional requirements if a person applying for an accelerator endorsement has less than two years' experience operating a licensed facility pursuant to this article 10. An accelerator-endorsed licensee is not required to exercise the privileges of its license on the premises where a social equity licensee operates. The state licensing authority's implementation of an accelerator program is extended from July 1, 2020, to January 1, 2021.
(bb) Conditions under which a licensee is authorized to collect marijuana consumer waste and transfer it to a person for the purposes of reuse or recycling in accordance with all requirements established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:
(I) That the person receiving marijuana consumer waste from a licensee is, to the extent required by law, registered with the department of public health and environment;
(II) Record-keeping requirements;
(III) Security measures related to the collection and transfer of marijuana consumer waste;
(IV) Health and safety requirements, including requirements for the handling of marijuana consumer waste; and
(V) Processes associated with handling marijuana consumer waste, including destruction of any remaining regulated marijuana in the marijuana consumer waste.
(cc) Requirements for a transition permit for medical marijuana cultivation facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-313 (13)(c), including but not limited to permit application requirements and restrictions of a transition permit;
(dd) Requirements for medical marijuana and medical marijuana products delivery as described in section 44-10-501 (11) and section 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described in section 44-10-601 (13) and section 44-10-605 (5), including:
(I) Qualifications and eligibility requirements for licensed medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters applying for a medical marijuana delivery permit;
(II) Training requirements for personnel of medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters that hold a medical marijuana or retail marijuana delivery permit who will deliver medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to this article 10 and requirements that medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters be considered to have a responsible vendor designation pursuant to section 44-10-1201 prior to conducting a delivery;
(III) Procedures for proof of medical marijuana registry and age identification and verification;
(IV) Security requirements;
this article 10 and requirements that medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters be considered to have a responsible vendor designation pursuant to section 44-10-1201 prior to conducting a delivery;
(III) Procedures for proof of medical marijuana registry and age identification and verification;
(IV) Security requirements;
(V) Delivery vehicle requirements, including requirements for surveillance;
(VI) Record-keeping requirements;
(VII) Limits on the amount of medical marijuana and medical marijuana products and retail marijuana and retail marijuana products that may be carried in a delivery vehicle and delivered to a patient or parent or guardian or individual, which cannot exceed limits placed on sales at licensed medical marijuana stores;
(VIII) Limits on the amount of retail marijuana and retail marijuana products that may be carried in a delivery vehicle and delivered to an individual, which cannot exceed limits placed on sales at retail marijuana stores;
(IX) Inventory tracking system requirements, which include the ability to determine the amount of medical marijuana a patient has purchased that day in real time by searching a patient registration number;
(X) Health and safety requirements for medical marijuana and medical marijuana products delivered to a patient or parent or guardian and for retail marijuana and retail marijuana products delivered to an individual;
(XI) Confidentiality requirements to ensure that persons delivering medical marijuana and medical marijuana products or retail marijuana and retail marijuana products pursuant to this article 10 do not disclose personal identifying information to any person other than those who need that information in order to take, process, or deliver the order or as otherwise required or authorized by this article 10, title 18, or title 25;
(XII) An application fee and annual renewal fee for the medical marijuana delivery permit and the retail marijuana delivery permit. The amount of the fee must reflect the expected costs of administering the medical marijuana delivery permit and the retail marijuana delivery permit and may be adjusted by the state licensing authority to reflect the permit's actual direct and indirect costs.
(XIII) The permitted hours of delivery of medical marijuana and medical marijuana products and retail marijuana and retail marijuana products;
(XIV) (A) Requirements for areas where medical marijuana and medical marijuana products or retail marijuana and retail marijuana products orders are stored, weighed, packaged, prepared, and tagged, including requirements that medical marijuana and medical marijuana products or retail marijuana and retail marijuana products cannot be placed into a delivery vehicle until after an order has been placed and that all delivery orders must be packaged on the licensed premises of a medical marijuana store or retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule after an order has been received.
(B) By January 1, 2027, the state licensing authority shall promulgate rules that do not require licensees to use radio frequency identification technology to track regulated marijuana in seed-to-sale tracking system requirements established by rule.
(XV) Payment methods, including but not limited to the use of gift cards and prepayment accounts;
(ee) (I) (A) Ownership and financial disclosure procedures and requirements pursuant to this article 10;
(B) Records a medical marijuana business or retail marijuana business is required to maintain regarding its controlling beneficial owners, passive beneficial owners, and indirect financial interest holders that may be subject to disclosure at renewal or as part of any other investigation following initial licensure of a medical marijuana business or retail marijuana business;
to this article 10;
(B) Records a medical marijuana business or retail marijuana business is required to maintain regarding its controlling beneficial owners, passive beneficial owners, and indirect financial interest holders that may be subject to disclosure at renewal or as part of any other investigation following initial licensure of a medical marijuana business or retail marijuana business;
(C) Procedures and requirements for findings of suitability pursuant to this article 10, including fees necessary to cover the direct and indirect costs of any suitability investigation;
(D) Procedures and requirements concerning the divestiture of the beneficial ownership of a person found unsuitable by the state licensing authority;
(E) Procedures, processes, and requirements for transfers of ownership involving a publicly traded corporation, including but not limited to mergers with a publicly traded corporation, investment by a publicly traded corporation, and public offerings;
(F) Designation of persons that by virtue of common control constitute controlling beneficial owners;
(G) Modification of the percentage of owner's interests that may be held by a controlling beneficial owner and passive beneficial owner;
(H) Designation of persons that qualify for an exemption from an otherwise required finding of suitability; and
(I) Designation of indirect financial interest holders and qualified institutional investors.
(II) Rules promulgated pursuant to this subsection (2)(ee) must not be any more restrictive than the requirements expressly established under this article 10.
(ff) The implementation of marijuana hospitality and retail marijuana hospitality and sales business licenses, including but not limited to:
(I) General insurance liability requirements;
(II) A sales limit per transaction for retail marijuana and retail marijuana products that may be sold to a patron of a retail marijuana hospitality and sales business; except that the sales limit established by the state licensing authority must not be an amount less than one gram of retail marijuana flower, one-quarter of one gram of retail marijuana concentrate, or a retail marijuana product containing not more than ten milligrams of active THC;
(III) Restrictions on the type of any retail marijuana or retail marijuana product authorized to be sold, including that the marijuana or product be meant for consumption in the licensed premises of the business;
(IV) Prohibitions on activity that would require additional licensure on the licensed premises, including but not limited to sales, manufacturing, or cultivation activity;
(V) Requirements for marijuana hospitality businesses and retail marijuana hospitality and sales businesses operating pursuant to section 44-10-609 or 44-10-610 in a retail food business;
(VI) Requirements for marijuana hospitality businesses and retail marijuana hospitality and sales business licensees to destroy any unconsumed marijuana or marijuana products left behind by a patron; and
(VII) Rules to ensure compliance with section 42-4-1305.5;
(gg) For marijuana hospitality businesses that are mobile, regulations including but not limited to:
(I) Registration of vehicles and proper designation of vehicles used as mobile licensed premises;
(II) Surveillance cameras inside the vehicles;
(III) Global positioning system tracking and route logging in an established route manifest system;
(IV) Compliance with section 42-4-1305.5;
(V) Ensuring activity is not visible outside of the vehicle; and
(VI) Proper ventilation within the vehicle;
(hh) The circumstances that constitute a significant physical or geographic hardship as used in section 44-10-501 (13);
ras inside the vehicles;
(III) Global positioning system tracking and route logging in an established route manifest system;
(IV) Compliance with section 42-4-1305.5;
(V) Ensuring activity is not visible outside of the vehicle; and
(VI) Proper ventilation within the vehicle;
(hh) The circumstances that constitute a significant physical or geographic hardship as used in section 44-10-501 (13);
(ii) Effective January 1, 2023, requirements for medical and retail marijuana concentrate to promote consumer health and awareness, which shall include a recommended serving size, visual representation of one recommended serving, and labeling requirements and may include a measuring device that may be used to measure one recommended serving;
(jj) Allowing a person to operate a licensed medical marijuana business and a licensed retail marijuana business at the same location pursuant to section 44-10-313 (14).
(3) In promulgating rules pursuant to this section, the state licensing authority may seek the assistance of the department of public health and environment when necessary before promulgating rules on the following subjects:
(a) Signage, marketing, and advertising, including but not limited to a prohibition on mass-market campaigns that have a high likelihood of reaching persons under eighteen years of age for medical marijuana and have a high likelihood of reaching persons under twenty-one years of age for retail marijuana and other such rules that may include:
(I) Allowing packaging and accessory branding;
(II) Prohibiting health or physical benefit claims in advertising, merchandising, and packaging;
(III) Prohibiting unsolicited pop-up advertising on the internet;
(IV) Prohibiting banner ads on mass-market websites;
(V) Prohibiting opt-in marketing that does not permit an easy and permanent opt-out feature;
(VI) Prohibiting marketing directed toward location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is eighteen years of age or older for medical marijuana and twenty-one years of age or older for retail marijuana and includes a permanent and easy opt-out feature;
(VII) Prohibiting advertising and marketing by a medical marijuana business that is specifically directed at persons who are under twenty-one years of age; and
(VIII) Requirements that any advertising or marketing specific to medical marijuana concentrate or retail marijuana concentrate include a notice regarding the potential risks of medical marijuana concentrate or retail marijuana concentrate overconsumption;
(b) A prohibition on the sale of regulated marijuana and regulated marijuana products unless the product is:
(I) Packaged in packaging meeting requirements established by the state licensing authority similar to the federal "Poison Prevention Packaging Act of 1970", 15 U.S.C. sec. 1471 et seq., as amended; and
(II) Placed in an opaque and resealable exit package or container meeting requirements established by the state licensing authority at the point of sale prior to exiting the store;
(c) The safe and lawful transport of regulated marijuana and regulated marijuana products between the licensed business and testing laboratories;
(d) A standardized marijuana serving size amount for edible retail marijuana products that does not contain more than ten milligrams of active THC, designed only to provide consumers with information about the total number of servings of active THC in a particular retail marijuana product, not as a limitation on the total amount of THC in any particular item; labeling requirements regarding servings for edible retail marijuana products; and limitations on the total amount of active THC in a sealed internal package that is no more than one hundred milligrams of active THC;
mers with information about the total number of servings of active THC in a particular retail marijuana product, not as a limitation on the total amount of THC in any particular item; labeling requirements regarding servings for edible retail marijuana products; and limitations on the total amount of active THC in a sealed internal package that is no more than one hundred milligrams of active THC;
(e) Prohibition on or regulation of additives to any regulated marijuana product, including but not limited to those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children, or misleading to consumers, but not including common baking and cooking items;
(f) Permission for a local fire department to conduct an annual fire inspection of a medical marijuana cultivation facility or retail marijuana cultivation facility;
(g) A prohibition on the production and sale of edible regulated marijuana products that are in the distinct shape of a human, animal, or fruit. Geometric shapes and products that are simply fruit flavored are not considered fruit. Products in the shape of a marijuana leaf are permissible. Nothing in this subsection (3)(g) applies to a company logo.
(h) A requirement that every medical marijuana store and retail marijuana store post, at all times and in a prominent place at every point of sale, a warning that has a minimum height of three inches and a width of six inches and that reads:
Warning: Using marijuana, in any form, while you are pregnant or breastfeeding passes THC to your baby and may be harmful to your baby. There is no known safe amount of marijuana use during pregnancy or breastfeeding.
(4) Equivalency. Rules promulgated pursuant to section 44-10-202 (1)(c) must also include establishing the equivalent of one ounce of retail marijuana flower in various retail marijuana products, including retail marijuana concentrate. Prior to promulgating the rules required by this subsection (4), the state licensing authority may contract for a scientific study to determine the equivalency of marijuana flower in retail marijuana products, including retail marijuana concentrate.
(5) Statewide class system cultivation facility rules - medical marijuana. (a) The state licensing authority shall create a statewide licensure class system for medical marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.
(b) (I) The state licensing authority may establish limitations on medical marijuana production through one or more of the following methods:
(A) Placing or modifying a limit on the number of licenses that it issues, by class or overall, but in placing or modifying the limits, the state licensing authority shall consider the reasonable availability of new licenses after a limit is established or modified;
(B) Placing or modifying a limit on the amount of production permitted by a medical marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics, including but not limited to those items detailed in subsection (5)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and
(C) Placing or modifying a limit on the total amount of production by medical marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (5)(a) of this section, as determined by the state licensing authority.
(II) When considering any such limitations, the state licensing authority shall:
modifying a limit on the total amount of production by medical marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (5)(a) of this section, as determined by the state licensing authority.
(II) When considering any such limitations, the state licensing authority shall:
(A) Consider the total current and anticipated demand for medical marijuana and medical marijuana products in Colorado;
(B) Consider any other relevant factors; and
(C) Attempt to minimize the market for unlawful marijuana; and
(c) The state licensing authority may adopt rules that limit the amount of medical marijuana inventory that a medical marijuana store may have on hand. If the state licensing authority adopts a limitation, the limitation must be commercially reasonable and consider factors including a medical marijuana store's sales history and the number of patients who are registered at a medical marijuana store as their primary store.
(6) Statewide class system cultivation facility rules - retail marijuana. (a) The state licensing authority shall create a statewide licensure class system for retail marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.
(b) The state licensing authority may establish limitations on retail marijuana production through one or more of the following methods:
(I) Placing or modifying a limit on the number of licenses that it issues, by class or overall, but in placing or modifying the limits, the authority shall consider the reasonable availability of new licenses after a limit is established or modified;
(II) Placing or modifying a limit on the amount of production permitted by a retail marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and
(III) Placing or modifying a limit on the total amount of production by retail marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, as determined by the state licensing authority.
(c) Notwithstanding anything contained in this article 10 to the contrary, in considering any such limitations, the state licensing authority, in addition to any other relevant considerations, shall:
(I) Consider the total current and anticipated demand for retail marijuana and retail marijuana products in Colorado; and
(II) Attempt to minimize the market for unlawful marijuana.
(7) The state licensing authority may deny, suspend, revoke, fine, or impose other sanctions against a person's license issued pursuant to this article 10 if the state licensing authority finds the person or the person's controlling beneficial owner, passive beneficial owner, or indirect financial interest holder failed to timely file any report, disclosure, registration statement, or other submission required by any state or federal regulatory authority that is related to the conduct of their business.
(8) The state licensing authority shall treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing.
(9) (a) The state licensing authority may, by rule, establish procedures for the conditional issuance of an employee license identification card at the time of application.
deral regulatory authority that is related to the conduct of their business.
(8) The state licensing authority shall treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing.
(9) (a) The state licensing authority may, by rule, establish procedures for the conditional issuance of an employee license identification card at the time of application.
(b) (I) The state licensing authority shall base its issuance of an employee license identification card pursuant to this subsection (9) on the results of an initial investigation that demonstrate the applicant is qualified to hold such license. The employee license application for which an employee license identification card was issued pursuant to this subsection (9) remains subject to denial pending the complete results of the applicant's initial fingerprint-based criminal history record check.
(II) Results of a fingerprint-based criminal history record check that demonstrate that an applicant possessing an employee license identification card pursuant to this subsection (9) is not qualified to hold a license issued under this article 10 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.
C.R.S. § 44-10-204 Confidentiality
44-10-204. Confidentiality. (1) The state licensing authority shall maintain the confidentiality of:
(a) Reports or other information obtained from a medical marijuana or retail marijuana licensee or a medical marijuana or retail marijuana license applicant containing any individualized data, information, or records related to the applicant or licensee or its operation, including sales information, leases, business organization records, financial records, tax returns, credit reports, cultivation information, testing results, and security information and plans, or revealing any customer information, or any other records that are exempt from public inspection pursuant to state law. Such reports or other information may be used only for a purpose authorized by this article 10, for investigation or enforcement of any international, federal, state, or local securities law or regulations, or for any other state or local law enforcement purpose. Any information released related to patients may be used only for a purpose authorized by this article 10, to verify that a person who presented a registry identification card issued pursuant to section 25-1.5-106 (9) to a state or local law enforcement official is lawfully in possession of such card, as a part of an active investigation, as a part of a proceeding authorized by this article 10 or article 1.5 of title 25, or for any state or local law enforcement purpose involving evidence of sales transactions in violation of this article 10 or evidence of criminal activity. The information or records related to a patient constitute medical data as described by section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding. Any customer information may be used only for a purpose authorized by this article 10.
(b) Investigative records and documents related to ongoing investigations. Those records and documents may be used only for a purpose authorized by this article 10 or for any other state or local law enforcement purpose.
(c) Computer systems maintained by the state licensing authority and the vendors with which the state licensing authority has contracted.
(2) The state licensing authority shall make available for public inspection:
(a) Documents related to final agency actions and orders;
(b) Records related to testing on an aggregated and de-identified basis;
(c) Demographic information related to applicants and licensees available on an aggregated and de-identified basis; and
(d) Enforcement forms and compliance checklists.
C.R.S. § 44-10-205 Change designation of marijuana from medical to retail - report - repeal
44-10-205. Change designation of marijuana from medical to retail - report - repeal. (Repealed)
C.R.S. § 44-10-206 Task force - creation - report - repeal
44-10-206. Task force - creation - report - repeal. (Repealed)
C.R.S. § 44-10-207 Authority to seize and destroy marijuana - public health, safety, and welfare
44-10-207. Authority to seize and destroy marijuana - public health, safety, and welfare. (1) (a) The state licensing authority or the state licensing authority's designee may issue an administrative hold on the movement of medical or retail marijuana to prevent the destruction of evidence, diversion, or other threat to public safety pending an investigation of an alleged violation of this article 10 or rules promulgated pursuant to this article 10.
(b) An administrative hold issued pursuant to subsection (1)(a) of this section may be lifted by order of the state licensing authority or the state licensing authority's designee, by agreement between the state licensing authority and the licensee subject to the hold, or in accordance with rules that the state licensing authority promulgates pursuant to section 44-10-203 (2)(h).
(2) (a) The state licensing authority or the state licensing authority's designee may embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action.
(b) (I) The state licensing authority may order the destruction of medical or retail marijuana subject to an embargo after notice and opportunity for a hearing before the state licensing authority or, if delegated by the state licensing authority, a department hearing officer. A hearing held pursuant to this subsection (2)(b) must be held in accordance with section 24-4-105.
(II) If medical or retail marijuana is ordered destroyed pursuant to this subsection (2)(b), the licensee is responsible for completing the destruction in coordination with the state licensing authority and in accordance with this article 10 and rules promulgated pursuant to this article 10.
(III) The licensee is responsible for all expenses related to the embargo and destruction of medical or retail marijuana ordered pursuant to this subsection (2)(b).
(3) The state licensing authority may seek the assistance of the department of public health and environment in connection with an embargo or a hearing seeking destruction of medical or retail marijuana.
C.R.S. § 44-10-208 Feasibility report - standing committee - definition - repeal
44-10-208. Feasibility report - standing committee - definition - repeal. (1) (a) On or before July 1, 2024, the executive director shall submit to the general assembly a report analyzing the feasibility of establishing a standing committee to evaluate cannabinoids and cannabis-derived products for the purpose of determining and making recommendations regarding their safety profiles and potential for intoxication. The report must consider and recommend legislative action addressing the following subjects:
(I) The appropriate state agency or agencies to be involved in, and their role in, the evaluation process;
(II) The ability of a standing committee to determine safety profiles of cannabinoids and cannabis-derived products, including the process by which a standing committee would make such a determination;
(III) The ability of a standing committee to determine the potential for intoxication of cannabinoids and cannabis-derived products, including the process by which a standing committee would make such a determination;
(IV) Recommendations as to members of a standing committee and a process to make appointments of members to a standing committee;
(V) Recommendations regarding an operable timeline for implementation of a standing committee; and
(VI) The fiscal effects of and the resources needed to implement and administer a standing committee.
(b) To inform the feasibility report described in subsection (1)(a) of this section, the department may engage experts, including:
(I) The chief medical officer appointed pursuant to section 25-1-105 or the designee of the chief medical officer;
(II) The state toxicologist or the designee of the state toxicologist;
(III) An epidemiologist with expertise in designing and conducting observational studies or clinical trials;
(IV) A clinician familiar with dosage forms and routes of administration of relevant products;
(V) A medical toxicologist; and
(VI) A pharmacologist with expertise in drug development.
(2) As used in this section, "state toxicologist" means the director of the toxicology and environmental epidemiology office, or a successor office, in the department of public health and environment.
(3) This section is repealed, effective July 1, 2025.
C.R.S. § 44-10-209 Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules
44-10-209. Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules. (1) Legislative declaration. The general assembly finds and declares that:
(a) The regulation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids, and the regulation of premises where potentially intoxicating cannabinoids and intoxicating cannabinoids are manufactured, packaged, and sold in accordance with this article 10 and rules promulgated under this article 10:
(I) Is necessary to protect the public health; and
(II) Will benefit consumers by ensuring that the manufacture, sale, and distribution of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoid products are regulated in a way to promote public health; and
(b) The taxation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids must be addressed to ensure both compliance with Colorado voters' intent and equitable economic treatment.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) "Hemp" has the meaning set forth in section 35-61-101 (7).
(b) (I) "Semi-synthetic cannabinoid" means a substance that is created by a chemical reaction that converts one cannabinoid extracted from a cannabis plant directly into a different cannabinoid.
(II) "Semi-synthetic cannabinoid" includes cannabinoids, such as cannabinol that was produced by the conversion of cannabidiol.
(III) "Semi-synthetic cannabinoid" does not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.
(c) (I) "Synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, chemical modification, or chemical conversion, including by using in-vitro biosynthesis or other bioconversion of such a method.
(II) "Synthetic cannabinoid" does not include:
(A) A compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or
(B) A semi-synthetic cannabinoid.
(d) (I) "Tetrahydrocannabinol" or "THC" means the substance contained in the plant cannabis species, in the resinous extracts of the cannabis species, or a carboxylic acid of, derivative of, salt of, isomer of, or salt or acid of an isomer of these substances.
(II) "Tetrahydrocannabinol" or "THC" includes:
(A) Delta-10 THC and its isomers;
(B) Delta-9 THC and its isomers;
(C) Delta-8 THC and its isomers;
(D) Delta-7 THC and its isomers;
(E) Delta-6a, 10a THC and its isomers; and
(F) Exo-tetrahydrocannabinol.
(III) "Tetrahydrocannabinol" or "THC" may also contain:
(A) Products of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section; or
(B) Metabolites of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section.
(3) Classification of marijuana-derived compounds and cannabinoids - rules. (a) Marijuana-derived compounds and cannabinoids are divided into three classifications:
(I) Nonintoxicating cannabinoids;
(II) Potentially intoxicating cannabinoids; and
(III) Intoxicating cannabinoids.
n; or
(B) Metabolites of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section.
(3) Classification of marijuana-derived compounds and cannabinoids - rules. (a) Marijuana-derived compounds and cannabinoids are divided into three classifications:
(I) Nonintoxicating cannabinoids;
(II) Potentially intoxicating cannabinoids; and
(III) Intoxicating cannabinoids.
(b) (I) Nonintoxicating cannabinoids include:
(A) Full spectrum hemp extract that contains no more than one and three-fourths milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one;
(B) Broad spectrum hemp extract;
(C) Cannabidiol, also known as "CBD";
(D) Tetrahydrocannabivarin, also known as "THCV";
(E) Cannabichromene, also known as "CBC";
(F) Cannabicitran, also known as "CBT";
(G) Cannabicyclol, also known as "CBL";
(H) Cannabielsoin, also known as "CBE";
(I) Cannabigerol, also known as "CBG";
(J) Cannabidivarin, also known as "CBDV"; and
(K) Cannabinol, also known as "CBN".
(II) (A) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with section 25-5-427 and the rules promulgated under part 4 of article 5 of title 25 or in accordance with this article 10 and any rules promulgated under this article 10.
(B) A retail marijuana product containing a marijuana-derived nonintoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.
(c) (I) A licensee under this article 10 may manufacture, process, transfer, or sell potentially intoxicating cannabinoids that are derived from marijuana in accordance with this article 10 and the rules promulgated under this article 10.
(II) A retail marijuana product containing a marijuana-derived potentially intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.
(d) (I) Intoxicating cannabinoids include the following in an amount that exceeds the amount established by rule or, if no rule establishes the amount, in any amount:
(A) Delta-10 THC and its isomers;
(B) Delta-9 THC and its isomers;
(C) Delta-8 THC and its isomers;
(D) Delta-7 THC and its isomers;
(E) Delta-6a, 10a THC and its isomers;
(F) Exo-tetrahydrocannabinol;
(G) Metabolites of THC, including 11-hydroxy-THC, 3-hydroxy-THC, or 7-hydroxy-THC;
(H) Hydrogenated forms of THC, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;
(I) Synthetic forms of THC, including dronabinol;
(J) Ester forms of THC, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;
(K) Varin forms of THC, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;
(L) Analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; and
(M) Any combination of the compounds, including hexahydrocannabiphorol-O-ester, listed in this subsection (3)(d)(I).
(II) (A) A person licensed under this article 10 may use an intoxicating cannabinoid that is derived from marijuana as an ingredient in a regulated marijuana product or as a finished regulated marijuana product in accordance with this article 10 and the rules promulgated under this article 10.
(B) A retail marijuana product containing a marijuana-derived intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.
noid that is derived from marijuana as an ingredient in a regulated marijuana product or as a finished regulated marijuana product in accordance with this article 10 and the rules promulgated under this article 10.
(B) A retail marijuana product containing a marijuana-derived intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.
(e) (I) A person shall not manufacture, produce, sell, or offer to sell a synthetic cannabinoid or a product containing a synthetic cannabinoid unless authorized by rule. If synthetic cannabinoids are permitted by rule, the state licensing authority, in coordination with the department of public health and environment, shall promulgate rules providing standards and requirements for the manufacture and production of synthetic cannabinoids in Colorado. The rules must include a requirement that marijuana-derived products manufactured or produced in Colorado that contain a semi-synthetic or synthetic cannabinoid as an ingredient are labeled in accordance with rules promulgated pursuant to this article 10.
(II) The state licensing authority may promulgate rules that are necessary for the fair, impartial, and comprehensive administration of this section.
(III) A person licensed under this article 10 that produces semi-synthetic cannabinoids shall comply with the production, testing, and labeling requirements established by rule of the state licensing authority.
(f) The state licensing authority, in coordination with the department of public health and environment, may promulgate rules to:
(I) Classify a marijuana-derived compound or cannabinoid that is not classified in this subsection (3);
(II) Reclassify a marijuana-derived compound or cannabinoid classified in this subsection (3) if:
(A) The state has adopted or federal law has established a process to review and approve marijuana-derived compounds or cannabinoids;
(B) The review and approval process described in subsection (3)(f)(II)(A) of this section evaluates the intoxicating potential of the marijuana-derived compound or cannabinoid; and
(C) The reclassification is based on the findings of the process and evaluation described in subsections (3)(f)(II)(A) and (3)(f)(II)(B) of this section.
(g) To reclassify a marijuana-derived compound or cannabinoid, under subsection (3)(f) of this section, the reclassification must:
(I) Be supported by peer-reviewed research or clinical trials establishing to a reasonable degree of scientific certainty that the marijuana-derived compound or cannabinoid or the product containing a marijuana-derived compound or cannabinoid should be reclassified; or
(II) Be based on a threat to human health, including substantial reports of intoxication or adverse health event reports.
(4) Rules. In addition to any powers listed in this section, the state licensing authority may promulgate rules:
(a) Necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or marijuana-derived compounds, unless otherwise permitted by this article 10 and the rules promulgated under this article 10; or
(b) Authorizing, prohibiting, or regulating marijuana-derived ingredients in medical or retail marijuana products that are compounds other than cannabinoids.
C.R.S. § 44-10-301 Local licensing authority - applications - licenses
44-10-301. Local licensing authority - applications - licenses. (1) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority:
(a) A medical marijuana store license;
(b) A medical marijuana cultivation facility license;
(c) A medical marijuana products manufacturer license;
(d) A medical marijuana testing facility license;
(e) A medical marijuana transporter license;
(f) A medical marijuana business operator license;
(g) A marijuana research and development license; and
(h) A medical marijuana delivery permit.
(2) (a) (I) A local licensing authority shall not issue a local license to a medical marijuana business within a municipality, city and county, or the unincorporated portion of a county unless the governing body of the municipality or city and county has adopted an ordinance, or the governing body of the county has adopted a resolution, containing specific standards for license issuance, or if no such ordinance or resolution is adopted prior to July 1, 2012, then a local licensing authority shall consider the minimum licensing requirements of this part 3 when issuing a license.
(II) In addition to all other standards applicable to the issuance of licenses under this article 10, the local governing body may adopt additional standards for the issuance of medical marijuana store, medical marijuana cultivation facility, or medical marijuana products manufacturer licenses consistent with the intent of this article 10 that may include, but need not be limited to:
(A) Distance restrictions between premises for which local licenses are issued;
(B) Reasonable restrictions on the size of an applicant's licensed premises; and
(C) Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the license.
(b) An application for a license specified in subsection (1) of this section must be filed with the state licensing authority and the appropriate local licensing authority on forms provided by the state licensing authority and must contain such information as the state licensing authority may require and any forms as the local licensing authority may require. Each application must be verified by the oath or affirmation of the persons prescribed by the state licensing authority.
(c) An applicant shall file, at the time of application for a license, plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion, the local or state licensing authority may impose additional requirements necessary for the approval of the application.
(3) Retail marijuana businesses. (a) When the state licensing authority receives an application for original licensing or renewal of an existing license or permit for any retail marijuana business, the state licensing authority shall provide, within seven days, a copy of the application to the local jurisdiction in which the business is to be located unless the local jurisdiction has prohibited the operation of retail marijuana businesses pursuant to section 16 (5)(f) of article XVIII of the state constitution. The local jurisdiction shall determine whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses. The local jurisdiction shall inform the state licensing authority whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses.
rticle XVIII of the state constitution. The local jurisdiction shall determine whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses. The local jurisdiction shall inform the state licensing authority whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses.
(b) A local jurisdiction may impose a separate local licensing requirement for retail marijuana businesses as a part of its restrictions on time, place, manner, and the number of marijuana businesses. A local jurisdiction may decline to impose any local licensing requirements, but a local jurisdiction shall notify the state licensing authority that it either approves or denies each application forwarded to it.
C.R.S. § 44-10-302 Local license fees - medical marijuana
44-10-302. Local license fees - medical marijuana. (1) Each application for a local license for a medical marijuana business provided for in section 44-10-301 (1) filed with a local licensing authority must be accompanied by an application fee in an amount determined by the local licensing authority.
(2) License fees as determined by the local licensing authority must be paid to the treasurer of the municipality, city and county, or county where the licensed premises is located in advance of the approval, denial, or renewal of the license.
C.R.S. § 44-10-303 Public hearing notice - posting and publication
44-10-303. Public hearing notice - posting and publication. (1) Medical marijuana business licenses. (a) Upon receipt of an application for a local license for a medical marijuana business, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application to be held not less than thirty days after the date of the application. If the local licensing authority schedules a hearing for a medical marijuana business license application, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local licensing authority shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
(b) Public notice given by posting must include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign must contain the names and addresses of the officers, directors, or manager of the facility to be licensed.
(c) Public notice given by publication must contain the same information as that required for signs.
(d) If the building in which medical marijuana is to be cultivated, manufactured, or distributed is in existence at the time of the application, a sign posted as required in subsections (1) and (2) of this section must be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice is conspicuous and plainly visible to the general public.
(2) Medical marijuana application review. (a) When conducting its application review, the state licensing authority may advise the local licensing authority of any items that it finds that could result in the denial of the license application. Upon correction of the noted discrepancies, if the correction is permitted by the state licensing authority, the state licensing authority shall notify the local licensing authority of its conditional approval of the license application amendments. The state licensing authority shall then issue the applicant's state license, which is conditioned upon local authority approval.
(b) All applications submitted for review must be accompanied by all applicable state and local license and application fees. All application fees provided by an applicant must be retained by the state licensing authority, and a local licensing authority may retain the applicant's application fees.
(3) Retail marijuana business licenses. (a) If a local jurisdiction issues local licenses for a retail marijuana business, a local jurisdiction may schedule a public hearing on the application. If the local jurisdiction schedules a hearing, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local jurisdiction shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which a local license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
s a hearing, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local jurisdiction shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which a local license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
(b) If a local jurisdiction does not issue local retail marijuana business licenses, the local jurisdiction may give public notice of the state license application by posting a sign in a conspicuous place on the state license applicant's premises for which a state license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
C.R.S. § 44-10-304 Results of investigation - decision of authorities - medical marijuana
44-10-304. Results of investigation - decision of authorities - medical marijuana. (1) Not less than five days prior to the date of the public hearing authorized in section 44-10-303, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause, subject to judicial review.
(2) Before entering a decision approving or denying the application for a local medical marijuana business license, the local licensing authority may consider, except where this article 10 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana stores, medical marijuana cultivation facilities, or medical marijuana products manufacturers located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.
(3) Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision must be in writing and must state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application.
(4) After approval of an application, the local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this article 10, and then only after the state or local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application pursuant to section 44-10-301 (4).
(5) After approval of an application for conditional state licensure, the state licensing authority shall notify the local licensing authority of such approval. After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval, and the state licensing authority shall investigate and either approve or disapprove the application for state licensure.
C.R.S. § 44-10-305 State licensing authority - application and issuance procedures
44-10-305. State licensing authority - application and issuance procedures. (1) Applications for a state medical marijuana business or retail marijuana business license under the provisions of this article 10 must be made to the state licensing authority on forms prepared and furnished by the state licensing authority and must set forth such information as the state licensing authority may require to enable the state licensing authority to determine whether a state medical marijuana business or retail marijuana business license should be granted. The information must include the name and address of the applicant, disclosures required by section 44-10-309, and all other information deemed necessary by the state licensing authority. Each application must be verified by the oath or affirmation of such person or persons as the state licensing authority may prescribe.
(2) (a) The state licensing authority shall issue a state license to a medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a medical marijuana transporter, a medical marijuana business operator, or a marijuana research and development facility pursuant to this section upon satisfactory completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local licensing authority approval. A license applicant is prohibited from operating a licensed medical marijuana business without both state and local licensing authority approval. The denial of an application by the local licensing authority is considered as a basis for the state licensing authority to revoke the state-issued license.
(b) (I) (A) The state licensing authority may issue a state license to an applicant pursuant to this section for a retail marijuana business upon completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local jurisdiction approval.
(B) A license applicant is prohibited from operating a licensed retail marijuana business without state and local jurisdiction approval. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued license.
(C) If the applicant does not receive local jurisdiction approval within one year from the date of state licensing authority approval, the state license expires. The state licensing authority may renew a license that has not yet received local jurisdiction approval prior to the expiration of that license if an applicant submits a renewal application pursuant to section 44-10-314 and demonstrates to the state licensing authority, in a manner determined by the state licensing authority, why local jurisdiction approval has not yet been obtained or a local license has not yet been issued. The state licensing authority may renew a license for up to one year, and the renewed state license is conditioned upon local jurisdiction approval.
(II) Repealed.
(3) Nothing in this article 10 preempts or otherwise impairs the power of a local government to enact ordinances or resolutions concerning matters authorized to local governments.
(4) Prior to accepting an application for a license, registration, or permit, the state licensing authority shall inform the applicant that having a medical marijuana or retail marijuana license and working in the medical marijuana or retail marijuana industry may have adverse federal immigration consequences.
C.R.S. § 44-10-306 Denial of application
44-10-306. Denial of application. (1) The state licensing authority shall deny a state license if the premises on which the applicant proposes to conduct its business does not meet the requirements of this article 10 or for reasons set forth in section 44-10-103 (17)(c) or 44-10-305, and the state licensing authority may refuse or deny a license, renewal, reinstatement, or initial license for good cause as defined by section 44-10-103 (17)(a) or (17)(b).
(2) If the state licensing authority denies a state license pursuant to subsection (1) of this section, the applicant is entitled to a hearing pursuant to section 24-4-104 (9) and judicial review pursuant to section 24-4-106. The state licensing authority shall provide written notice of the grounds for denial of the state license to the applicant and to the local licensing authority at least fifteen days prior to the hearing.
C.R.S. § 44-10-307 Persons prohibited as licensees - definition
44-10-307. Persons prohibited as licensees - definition. (1) A license provided by this article 10 shall not be issued to or held by:
(a) A person until the fee therefore has been paid;
(b) An individual whose criminal history indicates that he or she is not of good moral character after considering the factors in section 24-5-101 (2);
(c) A person other than an individual if the criminal history of any of its controlling beneficial owners indicates that a controlling beneficial owner is not of good moral character after considering the factors in section 24-5-101 (2);
(d) A person under twenty-one years of age;
(e) A person licensed pursuant to this article 10 who, during a period of licensure, or who, at the time of application, has failed to:
(I) File any tax return with a taxing agency related to a medical marijuana business or retail marijuana business;
(II) Pay any taxes, interest, or penalties due as determined by final agency action related to a medical marijuana business or retail marijuana business;
(f) A person who fails to meet qualifications for licensure that directly and demonstrably relate to the operation of a medical marijuana business;
(g) (I) A person who was convicted of a felony in the three years immediately preceding his or her application date or who is currently subject to a sentence for a felony conviction; except that, for a person applying to be a social equity licensee, a marijuana conviction shall not be the sole basis for license denial; or
(II) A person who is currently subject to a deferred judgment or sentence for a felony;
(h) A person who employs another person at a medical marijuana business or retail marijuana business who has not submitted fingerprints for a criminal history record check or whose criminal history record check reveals that the person is ineligible;
(i) A sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the state licensing authority or a local licensing authority;
(j) A person applying for a license for a location that is currently licensed as a retail food establishment;
(k) A publicly traded entity that does not constitute a publicly traded corporation as defined in this article 10;
(l) A person that is or has a controlling beneficial owner, passive beneficial owner, or indirect financial interest holder that is organized or formed under the laws of a country determined by the United States secretary of state to have repeatedly provided support for acts of international terrorism or is included among the list of "covered countries" in section 1502 of the federal "Dodd-Frank Wall Street Reform and Consumer Protection Act", Pub.L. 111-203;
(m) A person that is or has a controlling beneficial owner that is an "ineligible issuer" pursuant to section 44-10-103 (50)(d)(I);
(n) A person that is or has a controlling beneficial owner that is disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1);
(o) A person that is not a publicly traded corporation that is or has a passive beneficial owner or indirect financial interest holder that is disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1);
(p) A person that is a publicly traded corporation that is or has a nonobjecting passive beneficial owner or indirect financial interest holder that is disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1); or
ublicly traded corporation that is or has a passive beneficial owner or indirect financial interest holder that is disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1);
(p) A person that is a publicly traded corporation that is or has a nonobjecting passive beneficial owner or indirect financial interest holder that is disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1); or
(q) A person that is or has a controlling beneficial owner, passive beneficial owner, or indirect financial interest holder that is prohibited from engaging in transactions pursuant to this article 10 due to its designation on the "Specially Designated Nationals and Blocked Persons" list maintained by the federal office of foreign assets control.
(2) The state licensing authority may deny or revoke a license if the applicant or licensee's criminal character or criminal record poses a threat to the regulation or control of marijuana.
(3) A medical marijuana license provided by this article 10 shall not be issued to or held by:
(a) A licensed physician making patient recommendations; or
(b) A person whose authority to be a primary caregiver as defined in section 25-1.5-106 (2) has been revoked by the state health agency.
(4) (a) In investigating the qualifications of an applicant or a licensee, the state and local licensing authorities may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the state or local licensing authority considers the applicant's criminal history record, the state or local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a state license.
(b) As used in subsection (4)(a) of this section, "criminal justice agency" means any federal, state, or municipal court or any governmental agency or subunit of such agency that administers criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.
(c) At the time of filing an application for issuance or renewal of a state medical marijuana business license or retail marijuana business license, an applicant shall submit a set of his or her fingerprints and file personal history information concerning the applicant's qualifications for a state license on forms prepared by the state licensing authority. The state or local licensing authority or local jurisdiction shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. When the results of a fingerprint-based criminal history record check reveal a record of arrest without a disposition, the state or local licensing authority or local jurisdiction shall require an applicant or a license holder to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The state or local licensing authority or local jurisdiction shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a state or local license pursuant to this article 10. The state or local licensing authority or local jurisdiction may verify any of the information an applicant is required to submit.
C.R.S. § 44-10-308 Business and owner requirements - legislative declaration - definition - rules
44-10-308. Business and owner requirements - legislative declaration - definition - rules. (1) (a) The general assembly hereby finds and declares that:
(I) Medical marijuana businesses and retail marijuana businesses need to be able to access capital in order to effectively grow their businesses and remain competitive in the marketplace;
(II) The current regulatory structure for regulated marijuana and regulated marijuana products creates a substantial barrier to investment from out-of-state interests and publicly traded corporations;
(III) There is insufficient capital in the state to properly fund the capital needs of Colorado medical marijuana businesses and retail marijuana businesses;
(IV) Colorado medical marijuana businesses and retail marijuana businesses need to have ready access to capital from investors from outside of Colorado;
(IV.5) Under certain circumstances, permitting publicly traded corporations to hold an interest in medical marijuana businesses will benefit Colorado's medical marijuana market;
(V) Providing access to legitimate sources of capital helps prevent the opportunity for those who engage in illegal activity to gain entry into the state's regulated medical and retail marijuana market;
(VI) Publicly traded corporations offering securities for investment in medical marijuana businesses or retail marijuana businesses must tell the public the truth about their business, the securities they are selling, and the risks involved with investing in medical marijuana businesses or retail marijuana businesses, and persons that sell and trade securities related to medical marijuana businesses or retail marijuana businesses are prohibited from engaging in deceit, misrepresentations, and other fraud in the sale of the securities; and
(VII) Recognizing that participation by publicly traded corporations in Colorado's medical marijuana industry and retail marijuana industry creates an increased need to assess barriers of entry for minority- and woman-owned businesses, with such efforts being made to identify solutions to arrive at a greater balance and for further equity for minority- and woman-owned businesses, and in a manner that is consistent with the public safety and enforcement goals as stated in this subsection (1), it is therefore of substantive importance to address the lack of minority- and woman-owned businesses' inclusion in Colorado's medical marijuana industry and retail marijuana industry, social justice issues associated with marijuana prohibition, suitability issues relating to past convictions for potential licensees, licensing fees, and economic challenges that arise with the application processes.
(b) Therefore, the general assembly is providing a mechanism for Colorado medical marijuana businesses and retail marijuana businesses to access capital from investors in other states and from certain publicly traded corporations pursuant to this article 10.
(2) (Deleted by amendment, L. 2019.)
(3) (a) All natural persons with day-to-day operational control over the business must be Colorado residents.
refore, the general assembly is providing a mechanism for Colorado medical marijuana businesses and retail marijuana businesses to access capital from investors in other states and from certain publicly traded corporations pursuant to this article 10.
(2) (Deleted by amendment, L. 2019.)
(3) (a) All natural persons with day-to-day operational control over the business must be Colorado residents.
(b) A person, other than an individual, that is a medical marijuana business or retail marijuana business or a controlling beneficial owner shall appoint and continuously maintain a registered agent that satisfies the requirements of section 7-90-701. The medical marijuana business or retail marijuana business shall inform the state licensing authority of a change in the registered agent within ten days after the change.
(4) (a) Effective January 1, 2021, a natural person who qualifies as a social equity licensee may apply for any regulated marijuana business license or permit, including accelerator store, accelerator cultivator, and accelerator manufacturer licenses, issued pursuant to this article 10. A natural person qualifies as a social equity licensee if the person meets the following criteria, in addition to any criteria established by rule of the state licensing authority:
(I) Is a Colorado resident;
(II) Has not been the beneficial owner of a license subject to disciplinary or legal action from the state resulting in the revocation of a license issued pursuant to this article 10;
(III) Has demonstrated at least one of the following:
(A) The applicant has resided for at least fifteen years, between the years 1980 and 2010, in a census tract designated by the office of economic development and international trade as an opportunity zone or designated as a disproportionate impacted area, as defined by rule pursuant to section 44-10-203 (1)(j);
(B) The applicant or the applicant's parent, legal guardian, sibling, spouse, child, or minor in their guardianship was arrested for a marijuana offense, convicted of a marijuana offense, or subject to civil asset forfeiture related to a marijuana investigation; or
(C) The applicant's household income in the year prior to application did not exceed an amount determined by rule of the state licensing authority; and
(IV) The social equity licensee, or, collectively, one or more social equity licensees, holds at least fifty-one percent of the beneficial ownership of the regulated marijuana business license.
(b) This subsection (4) applies to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or before February 1, 2025.
(5) A person who meets the criteria in this section for a social equity licensee, pursuant to rule and agency discretion, may be eligible for incentives available through the department of revenue or office of economic development and international trade, including but not limited to a reduction in application or license fees.
(6) Except as provided in subsection (4) of this section, effective February 1, 2025, a natural person who qualifies as a social equity licensee may apply for any regulated marijuana business license or permit pursuant to this article 10. A natural person qualifies as a social equity licensee if, in addition to any criteria established by rule, the natural person:
(a) Has not been the beneficial owner of a license subject to disciplinary or civil action from the state licensing authority resulting in the revocation of a license issued pursuant to this article 10;
ed marijuana business license or permit pursuant to this article 10. A natural person qualifies as a social equity licensee if, in addition to any criteria established by rule, the natural person:
(a) Has not been the beneficial owner of a license subject to disciplinary or civil action from the state licensing authority resulting in the revocation of a license issued pursuant to this article 10;
(b) Has demonstrated at least one of the following:
(I) The applicant has resided:
(A) For at least any five years of the thirty-year period prior to the application and for which data is available, in a census tract designated by the office of economic development and international trade as an opportunity zone or designated as a disproportionate impacted area as defined by rule pursuant to section 44-10-203 (1)(j);
(B) For at least any five of the thirty years prior to the application, in housing with funding provided pursuant to section 8 or 9 of the federal "United States Housing Act of 1937", 42 U.S.C. secs. 1437f and 1437g, as amended; or
(C) For at least any five years between 1980 and 2021, in housing with funding from federal low-income housing tax credits, Colorado affordable housing tax credits, or funding provided pursuant to any federal, state, or local program that restricts maximum rents for natural persons of low or moderate income that, at the time of residence, was subject to a use restriction that was monitored to ensure compliance by the federal government, the state government, a county government, or a municipal government, or by a political subdivision or designated agency of the federal government, the state government, a county government, or a municipal government;
(II) The applicant or the applicant's spouse, parent, or legal guardian was arrested for and convicted of a marijuana offense;
(III) The applicant's sibling or child or a minor in the applicant's guardianship was arrested for or convicted of a marijuana offense, and:
(A) The applicant's sibling who was arrested for or convicted of a marijuana offense or child who was arrested for or convicted of a marijuana offense or a minor in the applicant's guardianship who was arrested for or convicted of a marijuana offense resided in a disproportionate impacted area, as defined by rule pursuant to section 44-10-203 (1)(j), for five years between 1980 and 2021; or
(B) The applicant's sibling who was arrested for or convicted of a marijuana offense or child who was arrested for or convicted of a marijuana offense or a minor in the applicant's guardianship who was arrested for or convicted of a marijuana offense has received assistance from at least one of the programs listed in subsection (6)(b)(IV) of this section for at least five years between 1980 and 2021; or
(IV) The applicant has received assistance from at least one of the following programs for at least five of the ten years prior to submitting an application:
(A) The low-income energy assistance program created in article 8.7 of title 40;
(B) The supplemental nutrition assistance program described in part 3 of article 2 of title 26;
(C) Temporary assistance for needy families, as defined in section 26-2-703 (19);
(D) The special supplemental nutrition program for women, infants, and children, created pursuant to 42 U.S.C. sec. 1786; or
(E) The "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5; and
.7 of title 40;
(B) The supplemental nutrition assistance program described in part 3 of article 2 of title 26;
(C) Temporary assistance for needy families, as defined in section 26-2-703 (19);
(D) The special supplemental nutrition program for women, infants, and children, created pursuant to 42 U.S.C. sec. 1786; or
(E) The "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5; and
(c) Holds at least fifty-one percent of a beneficial ownership of a regulated marijuana business license alone or collectively with at least one other social equity licensee.
(7) (a) For the purposes of subsection (6) of this section, an applicant is not eligible to be a social equity licensee if the applicant is a controlling beneficial owner of more than three retail marijuana store licenses, medical marijuana store licenses, retail marijuana cultivation facility licenses, or medical marijuana cultivation facility licenses, unless the listed licenses for which the applicant is a controlling beneficial owner are each a social equity license.
(b) For the purposes of subsection (7)(a) of this section, co-located retail marijuana store and medical marijuana store licenses, or co-located retail marijuana cultivation facility and medical marijuana cultivation facility licenses, constitute one license.
(8) (a) Subsection (6) of this section applies to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or after February 1, 2025.
(b) Subsection (6) of this section does not apply to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or before February 1, 2025.
(9) A natural person who meets the criteria in this section for a social equity license is eligible for incentives available through the department of revenue or office of economic development and international trade. An incentive may include a reduction in application or license fees. The state licensing authority may promulgate rules to create incentives.
C.R.S. § 44-10-309 Business owner and financial interest disclosure requirements
44-10-309. Business owner and financial interest disclosure requirements. (1) Applicants for the issuance of a state license shall disclose to the state licensing authority the following:
(a) A complete and accurate organizational chart of the medical marijuana business or retail marijuana business reflecting the identity and ownership percentages of its controlling beneficial owners;
(b) The following information regarding all controlling beneficial owners of the medical marijuana business or retail marijuana business:
(I) If the controlling beneficial owner is a publicly traded corporation, the applicant shall disclose the controlling beneficial owners' managers and any beneficial owners that directly or indirectly beneficially own ten percent or more of the owner's interest in the controlling beneficial owner.
(II) If the controlling beneficial owner is not a publicly traded corporation and is not a qualified private fund, the applicant shall disclose the controlling beneficial owner's managers and any beneficial owners that directly or indirectly beneficially own ten percent or more of the owner's interest in the controlling beneficial owner.
(III) If the controlling beneficial owner is a qualified private fund, the applicant shall disclose a complete and accurate organizational chart of the qualified private fund reflecting the identity and ownership percentages of the qualified private fund's managers, investment advisers, investment adviser representatives, any trustee or equivalent, and any other person that controls the investment in, or management or operations of, the medical marijuana business or retail marijuana business.
(IV) If the controlling beneficial owner is a natural person, the applicant shall disclose the natural person's identifying information.
(c) A person that is both a passive beneficial owner and an indirect financial interest holder in the medical marijuana business or retail marijuana business; and
(d) Any indirect financial interest holder that holds two or more indirect financial interests in the medical marijuana business or retail marijuana business or that is contributing over fifty percent of the operating capital of the medical marijuana business or retail marijuana business.
(2) The state licensing authority may request that the medical marijuana business or retail marijuana business disclose the following:
(a) Each beneficial owner and affiliate of an applicant, medical marijuana business or retail marijuana business, or controlling beneficial owner that is not a publicly traded corporation or a qualified private fund; and
(b) Each affiliate of a controlling beneficial owner that is a qualified private fund.
(3) For reasonable cause, the state licensing authority may require disclosure of:
(a) A complete and accurate list of each nonobjecting beneficial interest owner of an applicant, medical marijuana business or retail marijuana business, or controlling beneficial owner that is a publicly traded corporation;
(b) Passive beneficial owners of the medical marijuana business or retail marijuana business, and for any passive beneficial owner that is not a natural person, the members of the board of directors, general partners, managing members, or managers and ten percent or more owners of the passive beneficial owner;
(c) A list of each beneficial owner in a qualified private fund that is a controlling beneficial owner;
ficial owners of the medical marijuana business or retail marijuana business, and for any passive beneficial owner that is not a natural person, the members of the board of directors, general partners, managing members, or managers and ten percent or more owners of the passive beneficial owner;
(c) A list of each beneficial owner in a qualified private fund that is a controlling beneficial owner;
(d) All indirect financial interest holders of the medical marijuana business or retail marijuana business, and for any indirect financial interest holder that is not a natural person and ten percent or more beneficial owners of the indirect financial interest holder.
(4) An applicant or medical marijuana business or retail marijuana business that is not a publicly traded corporation shall affirm under penalty of perjury that it exercised reasonable care to confirm that its passive beneficial owners, indirect financial interest holders, and qualified institutional investors are not persons prohibited pursuant to section 44-10-307, or otherwise restricted from holding an interest under this article 10. An applicant's or medical marijuana business's or retail marijuana business's failure to exercise reasonable care is a basis for denial, fine, suspension, revocation, or other sanction by the state licensing authority.
(5) An applicant or medical marijuana business or retail marijuana business that is a publicly traded corporation shall affirm under penalty of perjury that it exercised reasonable care to confirm that its nonobjecting passive beneficial owners, indirect financial interest holders, and qualified institutional investors are not persons prohibited pursuant to section 44-10-307, or otherwise restricted from holding an interest under this article 10. An applicant's or medical marijuana business's or retail marijuana business's failure to exercise reasonable care is a basis for denial, fine, suspension, revocation, or other sanction by the state licensing authority.
(6) This section does not restrict the state licensing authority's ability to reasonably request information or records at renewal or as part of any other investigation following initial licensure of a medical marijuana business or retail marijuana business.
(7) The securities commissioner may, by rule or order, require additional disclosures if such information is full and fair with respect to the investment or in the interest of investor protection.
C.R.S. § 44-10-310 Business owner and financial interest suitability requirements
44-10-310. Business owner and financial interest suitability requirements. (1) This section applies to all persons required to submit a finding of suitability.
(2) Any person intending to become a controlling beneficial owner of any medical marijuana business or retail marijuana business, except as otherwise provided in section 44-10-312 (4), shall first submit a request to the state licensing authority for a finding of suitability or an exemption from an otherwise required finding of suitability.
(3) For reasonable cause, any other person that was disclosed or that should have been disclosed pursuant to section 44-10-309, including but not limited to a passive beneficial owner, shall submit a request for a finding of suitability.
(4) Failure to provide all requested information in connection with a request for a finding of suitability is grounds for denial of that finding of suitability.
(5) Failure to receive all required findings of suitability is grounds for denial of an application or for suspension, revocation, or other sanction against the license by the state licensing authority. For initial applications, the finding of suitability shall be required prior to submitting the application for licensure.
(6) Any person required to obtain a finding of suitability shall do so on forms provided by the state licensing authority, and the forms must contain such information as the state licensing authority may require. Each suitability application must be verified by the oath or affirmation of the persons prescribed by the state licensing authority.
(7) A person requesting a finding of suitability shall provide the state licensing authority with a deposit to cover the direct and indirect costs of any investigation necessary to determine any required finding of suitability unless otherwise established by rule. The state licensing authority may make further rules regarding the deposit and direct and indirect costs that must be billed against the deposit, unless otherwise established by rule.
(8) When determining whether a person is suitable or unsuitable for licensure, the state licensing authority may consider the person's criminal character or record, licensing character or record, or financial character or record.
(9) A person that would otherwise be required to obtain a finding of suitability may request an exemption from the state licensing authority as determined by rule.
(10) Absent reasonable cause, the state licensing authority shall approve or deny a request for a finding of suitability within one hundred twenty days from the date of submission of the request for such finding.
(11) The state licensing authority may deny, suspend, revoke, fine, or impose other sanctions against a person's license issued pursuant to this article 10 if the state licensing authority finds the person or the person's controlling beneficial owner, passive beneficial owner, or indirect financial interest holder to be unsuitable pursuant to this section.
C.R.S. § 44-10-311 Restrictions for applications for new licenses
44-10-311. Restrictions for applications for new licenses. (1) The state or a local licensing authority shall not receive or act upon an application for the issuance of a state or local medical marijuana business license pursuant to this article 10:
(a) If the application for a state or local license concerns a particular location that is the same as or within one thousand feet of a location for which, within the two years immediately preceding the date of the application, the state or a local licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location;
(b) Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises;
(c) For a location in an area where the cultivation, manufacture, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county;
(d) (I) If the building in which medical marijuana is to be sold is located within one thousand feet of a school; an alcohol or drug treatment facility; the principal campus of a college, university, or seminary; or a residential child care facility. The provisions of this section do not affect the renewal or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, nor do the provisions of this section apply to an existing licensed premises on land owned by the state or apply to a license in effect and actively doing business before said principal campus was constructed. The local licensing authority of a city and county, by rule or regulation; the governing body of a municipality, by ordinance; and the governing body of a county, by resolution, may vary the distance restrictions imposed by this subsection (1)(d)(I) for a license or may eliminate one or more types of schools, campuses, or facilities from the application of a distance restriction established by or pursuant to this subsection (1)(d)(I).
(II) The distances referred to in this subsection (1)(d) are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which medical marijuana is to be sold, using a route of direct pedestrian access.
(III) In addition to the requirements of section 44-10-304 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the medical marijuana is to be sold is located within any distance restrictions established by or pursuant to this subsection (1)(d).
(2) The state licensing authority shall not approve an application for the issuance of a state retail marijuana business license pursuant to this article 10 until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises.
C.R.S. § 44-10-312 Transfer of ownership
44-10-312. Transfer of ownership. (1) A state or local license granted under the provisions of this article 10 is not transferable except as provided in this section, but this section does not prevent a change of location as provided in section 44-10-313 (13).
(2) For a transfer of ownership involving a controlling beneficial owner, a license holder shall apply to the state and local licensing authorities on forms prepared and furnished by the state licensing authority. In determining whether to permit a transfer of ownership, the state and local licensing authorities shall consider only the requirements of this article 10, any rules promulgated by the state licensing authority, and any other local restrictions. The local licensing authority or local jurisdiction may hold a hearing on the application for transfer of ownership. The local licensing authority or local jurisdiction shall not hold a hearing pursuant to this subsection (2) until the local licensing authority or local jurisdiction has posted a notice of hearing in the manner described in section 44-10-303 (2) on the licensed premises for a period of ten days and has provided notice of the hearing to the applicant at least ten days prior to the hearing. Any transfer of ownership hearing by the state licensing authority must be held in compliance with the requirements specified in section 44-10-303.
(3) For a transfer of ownership involving a passive beneficial owner, the license holder shall notify the state licensing authority on forms prepared and furnished by the state licensing authority within forty-five days to the extent disclosure is required by section 44-10-309.
(4) A person that becomes a controlling beneficial owner of a publicly traded corporation that is a medical marijuana business or retail marijuana business or that becomes a beneficial owner, through direct or indirect ownership of a controlling beneficial owner, of ten percent or more of a medical marijuana business or retail marijuana business that is a publicly traded corporation must disclose the information required by section 44-10-309 and apply to the state licensing authority for a finding of suitability or exemption from a finding of suitability pursuant to section 44-10-310 within forty-five days after becoming such a controlling beneficial owner. A medical marijuana business or retail marijuana business shall notify each person that is subject to this subsection (4) of its requirements as soon as the medical marijuana business or retail marijuana business becomes aware of the beneficial ownership triggering the requirement, provided that the obligations of the person subject to this subsection (4) are independent of, and unaffected by, the medical marijuana business's or retail marijuana business's failure to give the notice.
C.R.S. § 44-10-313 Licensing in general - rules - repeal
44-10-313. Licensing in general - rules - repeal. (1) (a) This article 10 authorizes a county, municipality, or city and county to prohibit the operation of a medical marijuana business and to enact reasonable regulations or other restrictions applicable to medical marijuana businesses based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive than this article 10.
(b) Local jurisdictions are authorized to adopt and enforce regulations for retail marijuana businesses that are at least as restrictive as the provisions of this article 10 and any rule promulgated pursuant to this article 10.
(2) (a) A medical marijuana business may not operate until it has been licensed by the local licensing authority and the state licensing authority pursuant to this article 10. If the state licensing authority issues the applicant a state license and the local licensing authority subsequently denies the applicant a license, the state licensing authority shall consider the local licensing authority denial as a basis for the revocation of the state-issued license. In connection with a license, the applicant shall provide a complete and accurate list of all controlling beneficial owners, passive beneficial owners to the extent disclosure is required by section 44-10-309, and employees who manage, own, or are otherwise substantially associated with the operation and shall provide a complete and accurate application as required by the state licensing authority.
(b) A retail marijuana business may not operate until it is licensed by the state licensing authority pursuant to this article 10 and approved by the local jurisdiction. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued license. In connection with a license, the applicant shall provide a complete and accurate application as required by the state licensing authority.
(3) A medical marijuana business that is not a publicly traded corporation shall notify the state licensing authority in writing within ten days after a controlling beneficial owner, passive beneficial owner, or manager ceases to work at, manage, own, or otherwise be associated with the operation. The controlling beneficial owner, passive beneficial owner, or manager shall surrender to the state licensing authority any identification card that may have been issued by the state licensing authority on or before the date of the notification.
(4) A medical marijuana business or retail marijuana business that is not a publicly traded corporation shall notify the state licensing authority in writing of the name, address, and date of birth of a controlling beneficial owner, passive beneficial owner, or manager before the new controlling beneficial owner, passive beneficial owner, or manager begins managing or associating with the operation. Any controlling beneficial owner, passive beneficial owner, manager, or employee must pass a fingerprint-based criminal history record check as required by the state licensing authority and obtain the required identification prior to being associated with, managing, owning, or working at the operation.
(5) (a) A medical marijuana business shall not acquire, possess, cultivate, deliver, transfer, transport, supply, or dispense marijuana for any purpose except to assist patients, as defined by section 14 (1) of article XVIII of the state constitution.
(b) A retail marijuana business shall not acquire, possess, cultivate, deliver, transfer, transport, supply, or dispense marijuana for any purpose except as authorized by section 16 of article XVIII of the state constitution and this article 10.
(6) (a) All employee licenses granted pursuant to this article 10 are valid for a period not to exceed two years after the date of issuance unless revoked or suspended pursuant to this article 10 or the rules promulgated pursuant to this article 10.
ort, supply, or dispense marijuana for any purpose except as authorized by section 16 of article XVIII of the state constitution and this article 10.
(6) (a) All employee licenses granted pursuant to this article 10 are valid for a period not to exceed two years after the date of issuance unless revoked or suspended pursuant to this article 10 or the rules promulgated pursuant to this article 10.
(b) (I) If issued by the state licensing authority, regulated marijuana business licenses and licenses granted to a controlling beneficial owner pursuant to this article 10 are valid for a period of two years after the date of issuance unless revoked or suspended pursuant to this article 10 or the rules promulgated pursuant to this article 10 or unless the licensee elects for the license to expire sooner than two years under section 44-10-314 (3). A local licensing authority may determine whether each type of license, including an associated marijuana delivery permit, issued by the local licensing authority is valid for one or two years.
(II) (A) This subsection (6)(b) applies to licenses issued after August 7, 2024.
(B) This subsection (6)(b)(II) is repealed, effective July 1, 2026.
(7) Before granting a local or state license, the respective licensing authority may consider, except where this article 10 specifically provides otherwise, the requirements of this article 10 and any rules promulgated pursuant to this article 10, and all other reasonable restrictions that are or may be placed upon the licensee by the licensing authority. With respect to a second or additional license for the same medical marijuana business licensee or the same owner of another licensed medical marijuana business pursuant to this article 10, each licensing authority shall consider the effect on competition of granting or denying the additional licenses to such licensee and shall not approve an application for a second or additional license that would have the effect of restraining competition.
(8) (a) Each license issued under this article 10 is separate and distinct. It is unlawful for a person to exercise any of the privileges granted under a license other than the license that the person holds or for a licensee to allow any other person to exercise the privileges granted under the licensee's license. A separate license is required for each specific business or business entity and each geographical location.
(b) At all times, a licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of the premises.
(9) (a) The licenses provided pursuant to this article 10 must specify the date of issuance, the period of licensure, the name of the licensee, and the premises licensed. The licensee shall conspicuously place the license at all times on the licensed premises.
ssession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of the premises.
(9) (a) The licenses provided pursuant to this article 10 must specify the date of issuance, the period of licensure, the name of the licensee, and the premises licensed. The licensee shall conspicuously place the license at all times on the licensed premises.
(b) A local licensing authority shall not transfer location of or renew a license to sell medical marijuana until the applicant for the license provides verification that a license was issued and granted by the state licensing authority for the previous license term. The state licensing authority shall not transfer location of or renew a state license until the applicant provides verification that a license was issued and granted by the local licensing authority for the previous license term.
(10) In computing any period of time prescribed by this article 10, the day of the act, event, or default from which the designated period of time begins to run is not included. Saturdays, Sundays, and legal holidays are counted as any other day.
(11) (a) Except for a publicly traded corporation, a medical marijuana business licensee shall report each transfer or change of financial interest in the license to the state and local licensing authorities thirty days prior to any transfer or change pursuant to section 44-10-312. Except for a publicly traded corporation, a report is required for transfers of an owner's interest of any entity regardless of size.
(b) Except for a publicly traded corporation, a retail marijuana business licensee shall report each transfer or change of financial interest in the license to the state and local licensing authorities and receive approval prior to any transfer or change pursuant to section 44-10-312. Except for a publicly traded corporation, a report is required for transfers of an owner's interest of any entity regardless of size.
(12) Each licensee shall manage the licensed premises himself or herself or employ a separate and distinct manager on the premises and shall report the name of the manager to the state and local licensing authorities. The licensee shall report any change in manager to the state and local licensing authorities prior to the change pursuant to subsection (4) of this section.
(13) (a) A licensee may move the permanent location to any other place in Colorado once permission to do so is granted by the state and local licensing authorities or local jurisdiction provided for in this article 10. Upon receipt of an application for change of location, the state licensing authority shall, within seven days, submit a copy of the application to the local licensing authority or local jurisdiction to determine whether the transfer complies with all local restrictions on change of location.
(b) In permitting a change of location, the state and local licensing authorities or local jurisdiction shall consider all reasonable restrictions that are or may be placed upon the new location by the governing board or local licensing authority of the municipality, city and county, or county, and any such change in location must be in accordance with all requirements of this article 10 and rules promulgated pursuant to this article 10.
he state and local licensing authorities or local jurisdiction shall consider all reasonable restrictions that are or may be placed upon the new location by the governing board or local licensing authority of the municipality, city and county, or county, and any such change in location must be in accordance with all requirements of this article 10 and rules promulgated pursuant to this article 10.
(c) (I) A medical marijuana cultivation facility or retail marijuana cultivation facility that has obtained an approved change of location from the state licensing authority may operate one license at two geographical locations for the purpose of transitioning operations from one location to another if:
(A) The total plants cultivated at both locations do not exceed any plant count limit imposed on the license by this article 10 and any rules promulgated by the state licensing authority;
(B) The licensed premises of both geographical locations comply with all surveillance, security, and inventory tracking requirements imposed by this article 10 and any rules promulgated by the state licensing authority;
(C) Both the transferring location and the receiving location track all plants virtually in transition in the seed-to-sale tracking system to ensure proper tracking for taxation and tracking purposes;
(D) Operation at both geographical locations does not exceed one hundred eighty days, unless for good cause shown, the one-hundred-eighty-day deadline may be extended for an additional one hundred twenty days; and
(E) The medical marijuana cultivation facility or retail marijuana cultivation facility licensee obtains the proper state permit and local permit or license. If the change of location is within the same local jurisdiction, the licensee must first obtain a transition permit from the state licensing authority and, if required by the local jurisdiction, a transition permit or other form of approval from the local licensing authority or local jurisdiction. If the change of location is to a different local jurisdiction, the licensee must first obtain a license from the local licensing authority or local jurisdiction where it intends to locate, a transition permit from the state licensing authority, and, if required by the local jurisdiction, a transition permit or other form of approval from the local licensing authority or local jurisdiction for the local jurisdiction where it intends to locate.
(II) Conduct at either location may be the basis for fine, suspension, revocation, or other sanction against the license.
(14) (a) On or after January 1, 2023, a person may operate a licensed medical marijuana business and a licensed retail marijuana business at the same location pursuant to this subsection (14) and rules promulgated by the state licensing authority if the local licensing authority and local jurisdiction where the businesses are located allow licensed medical marijuana and licensed retail marijuana businesses to be operated at the same location.
(b) (I) Except as provided in subsection (14)(b)(II) of this section, if a licensed medical marijuana store and a licensed retail marijuana store operate at the same location, each store shall maintain separate licensed premises and separate business operations, including separate entrances and exits, inventory, point of sale operations, and record keeping.
(II) The state licensing authority shall adopt rules concerning whether aspects of the licensed premises and business operations may be combined when a licensed medical marijuana store that operates at the same location as a licensed retail marijuana store sells medical marijuana only to persons twenty-one years of age or older. The rules must address whether to allow single entrances and exits and virtual separation of inventory.
shall adopt rules concerning whether aspects of the licensed premises and business operations may be combined when a licensed medical marijuana store that operates at the same location as a licensed retail marijuana store sells medical marijuana only to persons twenty-one years of age or older. The rules must address whether to allow single entrances and exits and virtual separation of inventory.
(c) A licensed medical marijuana cultivation facility and a licensed retail marijuana cultivation facility located at the same location must maintain either physical or virtual separation of the two facilities and the plants and inventory of the two facilities.
C.R.S. § 44-10-314 License renewal - unified renewal applications - rules
44-10-314. License renewal - unified renewal applications - rules. (1) Ninety days prior to the expiration date of an existing medical marijuana business or retail marijuana business license, the state licensing authority shall notify the licensee of the expiration date by first-class mail at the licensee's address of record with the state licensing authority. A licensee must apply for the renewal of an existing license to the local licensing authority within the time frame required by local ordinance or regulation and to the state licensing authority prior to the expiration of the license. The licensee shall provide the state licensing authority with information establishing that the application complies with all local requirements for the renewal of a license. If a licensee submits a timely and sufficient renewal application, the licensee may continue to operate until the application is finally acted upon by the state licensing authority. The local licensing authority may hold a hearing on the application for renewal of a medical marijuana business license only if the licensee has had complaints filed against it, has a history of violations, or there are allegations against the licensee that would constitute good cause. The local licensing authority shall not hold a renewal hearing provided for by this subsection (1) for a medical marijuana store until it has posted a notice of hearing on the licensed medical marijuana store premises in the manner described in section 44-10-303 (2) for a period of ten days and provided notice to the applicant at least ten days prior to the hearing. The local licensing authority may refuse to renew any license for good cause, subject to judicial review.
(2) The state licensing authority may require an additional fingerprint request when there is a demonstrated investigative need.
(3) On or after January 1, 2026, the state licensing authority shall promulgate rules authorizing multiple regulated marijuana business licensees with identical controlling beneficial owners to submit a single initial application or a single renewal application through a unified application process. A unified application is subject to a lower fee for each application than for applications for individual licenses.
C.R.S. § 44-10-315 Inactive licenses
44-10-315. Inactive licenses. The state or local licensing authority, in its discretion, may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one year.
C.R.S. § 44-10-316 Unlawful financial assistance
44-10-316. Unlawful financial assistance. (1) The state licensing authority, by rule, shall require a complete disclosure pursuant to section 44-10-309 in connection with each license issued under this article 10.
(2) This section is intended to prohibit and prevent the control of the outlets for the sale of regulated marijuana and regulated marijuana products by a person or party other than the persons licensed pursuant to the provisions of this article 10.
C.R.S. § 44-10-401 Classes of licenses
44-10-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, hospitality, and sale of regulated marijuana and regulated marijuana products, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the classes listed in subsection (2) of this section, subject to the provisions and restrictions provided by this article 10.
(2) (a) The following are medical marijuana licenses:
(I) Medical marijuana store license;
(II) Medical marijuana cultivation facility license;
(III) Medical marijuana products manufacturer license;
(IV) Medical marijuana testing facility license;
(V) Medical marijuana transporter license;
(VI) Medical marijuana business operator license; and
(VII) Marijuana research and development license.
(b) The following are retail marijuana licenses:
(I) Retail marijuana store license;
(II) Retail marijuana cultivation facility license;
(III) Retail marijuana products manufacturer license;
(IV) Retail marijuana testing facility license;
(V) Retail marijuana transporter license;
(VI) Retail marijuana business operator license;
(VII) Accelerator cultivator license;
(VIII) Accelerator manufacturer license;
(IX) Marijuana hospitality business license;
(X) Retail marijuana hospitality and sales business license; and
(XI) Accelerator store license.
(c) The following are regulated marijuana licenses or registrations: Occupational licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.
(3) (a) Prior to accepting a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person to take possession of, operate, manage, or control a licensed medical marijuana business, the proposed appointee shall certify to the court that the proposed appointee is not prohibited from being issued a medical marijuana license pursuant to section 44-10-307 (1). Within the time frame established by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(q), an appointee shall notify the state and local licensing authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.
(b) Upon notification of an appointment required by subsection (3)(a) of this section, the state licensing authority shall issue a temporary appointee registration to the appointee effective as of the date of the appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and 44-10-901, the appointee's temporary appointee registration may be suspended, revoked, or subject to other sanction if the state licensing authority finds the appointee to be unsuitable or if the appointee fails to comply with this article 10, the rules promulgated pursuant thereto, or any order of the state licensing authority. If an appointee's temporary appointee registration is suspended or revoked, the appointee shall immediately cease performing all activities for which a license is required by this article 10. For purposes of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business.
(c) The appointee shall inform the court of any action taken against the temporary appointee registration by the state licensing authority pursuant to section 24-4-104 or 44-10-901 within two business days of any such action.
ities for which a license is required by this article 10. For purposes of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business.
(c) The appointee shall inform the court of any action taken against the temporary appointee registration by the state licensing authority pursuant to section 24-4-104 or 44-10-901 within two business days of any such action.
(d) Unless otherwise permitted by this article 10 and rules promulgated pursuant to this article 10, a person shall not take possession of, operate, manage, or control a medical marijuana business on behalf of another except by court appointment and in accordance with this subsection (3) and rules promulgated pursuant thereto.
(4) All persons licensed pursuant to this article 10 shall collect sales tax on all sales made pursuant to the licensing activities.
(5) A state chartered bank or a credit union may loan money to any person licensed pursuant to this article 10 for the operation of a licensed medical or retail marijuana business.
(6) For a person applying to be a social equity licensee, the state licensing authority shall not deny an application on the sole basis of the prior marijuana conviction of the applicant and at its discretion may waive other requirements.
(7) A person may not operate a license issued pursuant to this article 10 at the same location as a license or permit issued pursuant to article 3, 4, or 5 of this title 44.
C.R.S. § 44-10-501 Medical marijuana store license
44-10-501. Medical marijuana store license. (1) (a) A medical marijuana store license may be issued only to a person selling medical marijuana pursuant to the terms and conditions of this article 10.
(b) (I) The medical marijuana store shall track all of its medical marijuana and medical marijuana products from the point that they are transferred from a medical marijuana cultivation facility or medical marijuana products manufacturer to the point of sale. When completing a patient sales transaction, the medical marijuana store shall immediately record each sales transaction in the seed-to-sale inventory tracking system in order to allow the seed-to-sale inventory tracking system to:
(A) Continuously monitor entry of patient data to identify discrepancies with daily authorized quantity limits and THC potency authorizations;
(B) Access and retrieve real-time sales data based on patient identification number; and
(C) Respond with a user error message if a sale to a patient or caregiver will exceed the patient's daily authorized quantity limit for that business day or THC potency authorization.
(II) In the event of a temporary outage of the seed-to-sale tracking system, a medical marijuana store may rely upon the physician's certification required by section 25-1.5-106 and is not responsible for any unintentional sale in excess of the authorized quantity limit that occurs during the outage, provided however that the medical marijuana store uploads its sales data into the seed-to-sale tracking system as soon as reasonably practical after the end of the outage.
(III) The data collected pursuant to this subsection (1)(b), including any personal identifying patient information, is subject to the confidentiality requirements of section 44-10-204.
(2) (a) Notwithstanding the provisions of this section, a medical marijuana store licensee may also sell medical marijuana products that are prepackaged and labeled so as to clearly indicate all of the following:
(I) That the product contains medical marijuana;
(II) That the product is manufactured without any regulatory oversight for health, safety, or efficacy; and
(III) That there may be health risks associated with the consumption or use of the product.
(b) A medical marijuana store licensee may contract with a medical marijuana products manufacturer licensee for the manufacture of medical marijuana products upon a medical marijuana products manufacturer licensee's licensed premises.
(3) (a) Every person selling medical marijuana as provided for in this article 10 shall sell only medical marijuana acquired from a medical marijuana cultivation facility licensee, medical marijuana products manufacturer licensee, or another medical marijuana store.
(b) A medical marijuana store may not sell more than two ounces of medical marijuana to a patient or caregiver; except that a medical marijuana store may sell more than two ounces to a patient or caregiver who has been recommended an extended ounce count by his or her recommending physician in accordance with regulations adopted by the state licensing authority.
(c) In addition to medical marijuana, a medical marijuana store may sell no more than six immature plants to a patient; except that a medical marijuana store may sell more than six immature plants, but may not exceed half the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician in accordance with regulations adopted by the state licensing authority. A medical marijuana store may sell immature plants to a primary caregiver, another medical marijuana store, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.
(d) A medical marijuana store may sell medical marijuana to another medical marijuana store, a medical marijuana cultivation facility, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.
ry caregiver, another medical marijuana store, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.
(d) A medical marijuana store may sell medical marijuana to another medical marijuana store, a medical marijuana cultivation facility, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.
(e) (I) A medical marijuana store that sells a hemp product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a medical marijuana store shall verify the hemp product passed all testing required for medical marijuana products at a licensed medical marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a medical marijuana store pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426.
(f) The provisions of this subsection (3) do not apply to medical marijuana products.
(g) When completing a sale of medical marijuana concentrate, the medical marijuana store shall physically attach to the patient's receipt of sale, product container, or exit packaging the tangible educational resource created by the state licensing authority regarding the use of medical marijuana concentrate.
(4) (a) Prior to initiating a sale, the employee of the medical marijuana store making the sale shall verify:
(I) That the purchaser has a valid registry identification card issued pursuant to section 25-1.5-106 or a copy of a current and complete new application for the medical marijuana registry administered by the department of public health and environment that is documented by proof as having been submitted to the department of public health and environment within the preceding thirty-five days;
(II) A valid picture identification card that matches the name on the registry identification card; and
(III) That the patient's or caregiver's purchase will not exceed the patient's daily authorized quantity limit or the amount listed on the patient's certification, whichever is greater, and the purchase aligns with the purchase authority information in the seed-to-sale tracking system.
e days;
(II) A valid picture identification card that matches the name on the registry identification card; and
(III) That the patient's or caregiver's purchase will not exceed the patient's daily authorized quantity limit or the amount listed on the patient's certification, whichever is greater, and the purchase aligns with the purchase authority information in the seed-to-sale tracking system.
(b) A purchaser may not provide a copy of a renewal application in order to make a purchase at a medical marijuana store. A purchaser may only make a purchase using a copy of the purchaser's application from 8 a.m. to 5 p.m., Monday through Friday. If the purchaser presents a copy of the purchaser's application at the time of purchase, the employee must contact the department of public health and environment to determine whether the purchaser's application has been denied. The employee shall not complete the transaction if the purchaser's application has been denied. If the purchaser's application has been denied, the employee is authorized to confiscate the purchaser's copy of the application and the documentation of proof of submittal, if possible, and shall, within seventy-two hours after the confiscation, turn it over to the department of public health and environment or a local law enforcement agency. The failure to confiscate the copy of the application and document of proof of submittal or to turn it over to the state health department or a state or local law enforcement agency within seventy-two hours after the confiscation is not a criminal offense.
(c) If the patient seeks to purchase more than the statutorily allowed daily authorized limit of concentrate for the patient's age group, the patient shall present the patient's certification at the time of purchase and the medical marijuana store shall not exceed statutorily allowed quantities or the quantities specified in the certification.
(5) Transactions for the sale of medical marijuana or a medical marijuana product at a medical marijuana store may be completed by using an automated machine that is in a restricted access area of the store if the machine complies with the rules promulgated by the state licensing authority regarding the transaction of sale of product at a medical marijuana store and the transaction complies with subsection (4) of this section.
(6) A medical marijuana store may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a medical marijuana testing facility license from the state licensing authority for testing and research purposes. A medical marijuana store shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(7) (Deleted by amendment, L. 2019.)
(8) A licensed medical marijuana store shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities.
(9) Notwithstanding the provisions of section 44-10-701 (3)(g), a medical marijuana store may sell below cost or donate to a patient who has been designated indigent by the state health agency or who is in hospice care:
(a) Medical marijuana; or
(b) No more than six immature plants; except that a medical marijuana store may sell or donate more than six immature plants, but may not exceed half the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician; or
(c) Medical marijuana products to patients.
(10) (a) Except as provided in subsection (10)(b) of this section, a medical marijuana store shall not sell, individually or in any combination, more than two ounces of medical marijuana flower, eight grams of medical marijuana concentrate, or medical marijuana products containing a combined total of twenty thousand milligrams to a patient in a single business day.
marijuana products to patients.
(10) (a) Except as provided in subsection (10)(b) of this section, a medical marijuana store shall not sell, individually or in any combination, more than two ounces of medical marijuana flower, eight grams of medical marijuana concentrate, or medical marijuana products containing a combined total of twenty thousand milligrams to a patient in a single business day.
(b) (I) A medical marijuana store may sell medical marijuana flower in an amount that exceeds the sales limitation established pursuant to subsection (10)(a) of this section only to a patient who has a physician recommendation for more than two ounces of flower and is registered with the medical marijuana store.
(II) A medical marijuana store may sell medical marijuana products in an amount that exceeds the sales limitation pursuant to subsection (10)(a) of this section only to a patient who has a physician exemption from the sales limitation and is registered with the medical marijuana store. A physician making medical marijuana recommendations for a debilitating medical condition or disabling medical condition pursuant to article 1.5 of title 25 may exempt a patient from the medical marijuana concentrate or medical marijuana products sales limitation established in subsection (10)(a) of this section. A physician providing an exemption shall document and maintain the exemption in the physician's record-keeping system for the patient and shall provide written documentation to the patient to allow a medical marijuana store to verify the exemption. The written documentation of the exemption provided to a patient must, at a minimum, include the patient's name and registry number, the physician's name, valid license number, physical business address, any electronic mailing address, and phone number. The state health agency may require a physician providing an exemption to the sales limitation to document the exemption in the medical marijuana registry.
(III) (A) A medical marijuana store or medical marijuana stores shall not sell any more than eight grams of medical marijuana concentrate to a patient in a single day; except that this subsection (10)(b) does not apply if the patient is homebound, if the physician's certification specifically states that the patient needs more than eight grams of medical marijuana concentrate, if it would be a significant physical or geographic hardship for the patient to make a daily purchase, or if the patient had a registry identification card prior to eighteen years of age.
(B) Notwithstanding the provisions of subsection (10)(b)(III)(A) of this section, if the patient is eighteen to twenty years of age, a medical marijuana store or medical marijuana stores shall not sell any more than two grams of medical marijuana concentrate to a patient in a single day; except that this subsection (10)(b) does not apply if the patient is homebound, if the physician's certification specifically states the patient needs more than two grams of medical marijuana concentrate, if it would be a significant physical or geographic hardship for the patient to make a daily purchase, or if the patient had a registry identification card prior to eighteen years of age.
(c) The state licensing authority may promulgate rules to establish certain exemptions to the medical marijuana concentrate or medical marijuana products sales limitation and may establish record-keeping requirements for medical marijuana stores engaging in sales transactions pursuant to any exemption to the sales limitation. When establishing any exemptions, the state licensing authority shall consult with members of the medical marijuana patient community and physicians making medical marijuana recommendations pursuant to section 14 of article XVIII of the state constitution and article 1.5 of title 25.
ents for medical marijuana stores engaging in sales transactions pursuant to any exemption to the sales limitation. When establishing any exemptions, the state licensing authority shall consult with members of the medical marijuana patient community and physicians making medical marijuana recommendations pursuant to section 14 of article XVIII of the state constitution and article 1.5 of title 25.
(d) A medical marijuana store shall not engage in sales transactions to the same patient during the same business day when the medical marijuana store or its employee knows or reasonably should have known that the sales transaction would result in the patient possessing more than the sales limitation established by subsection (10)(a) of this section.
(11) (a) (I) There is authorized a medical marijuana delivery permit to a medical marijuana store license authorizing the permit holder to deliver medical marijuana and medical marijuana products.
(II) A medical marijuana delivery permit is valid for two years and may be renewed annually upon renewal of the medical marijuana store license.
(III) A medical marijuana delivery permit issued pursuant to this section applies to only one medical marijuana store; except that a single medical marijuana delivery permit may apply to multiple medical marijuana stores provided that the medical marijuana stores are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a medical marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a medical marijuana store license issued pursuant to this article 10. The state licensing authority has discretion in determining whether an applicant is qualified to receive a medical marijuana delivery permit. A medical marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed medical marijuana store. A violation related to a medical marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana store license.
(b) A medical marijuana store licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.
(c) A licensed medical marijuana store shall charge a one-dollar surcharge on each delivery. The licensed medical marijuana store shall remit the surcharges collected on a monthly basis to the municipality where the licensed medical marijuana store is located, or to the county if the licensed medical marijuana store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Failure to comply with this subsection (11)(c) may result in nonrenewal of the medical marijuana delivery permit.
(d) A licensed medical marijuana store with a medical marijuana delivery permit may deliver medical marijuana and medical marijuana products only to the patient or parent or guardian who placed the order and who:
(I) Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;
(II) Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
parent or guardian who placed the order and who:
(I) Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;
(II) Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
(e) Any person delivering medical marijuana or medical marijuana products must possess a valid occupational license and be a current employee of the licensed medical marijuana store or medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(f) In accordance with this subsection (11) and rules adopted to implement this subsection (11), a licensed medical marijuana store with a valid medical marijuana delivery permit may:
(I) Receive an order by electronic or other means from a patient or the parent or guardian for the purchase and delivery of medical marijuana or medical marijuana products. When using an online platform for marijuana delivery, the platform must require the patient or parent or guardian to choose a medical marijuana store before viewing the price.
(II) Deliver medical marijuana and medical marijuana products not in excess of the amounts established by the state licensing authority;
(III) Deliver only to a patient or a parent or guardian at the address provided in the order;
(IV) Deliver no more than once per day to the same patient or parent or guardian or residence;
(V) (A) Deliver only to private residences.
(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI) Deliver medical marijuana or medical marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries, or contract with a medical marijuana transporter that has a valid medical marijuana delivery permit to conduct deliveries on its behalf, from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(g) (I) At the time of the order, the medical marijuana store shall require the patient or parent or guardian to provide information necessary to verify the patient is qualified to purchase and receive a delivery of medical marijuana and medical marijuana products pursuant to this section. The provided information must, at a minimum, include the following:
(A) The patient's name and date of birth;
(B) The registration number reflected on the patient's registry identification card issued pursuant to section 25-1.5-106;
(C) If the patient is under eighteen years of age, the name and date of birth of the parent or guardian designated as the patient's primary caregiver and, if applicable, the registration number of the primary caregiver;
(D) The address of the residence where the order will be delivered; and
(E) Any other information required by state licensing authority rule.
ued pursuant to section 25-1.5-106;
(C) If the patient is under eighteen years of age, the name and date of birth of the parent or guardian designated as the patient's primary caregiver and, if applicable, the registration number of the primary caregiver;
(D) The address of the residence where the order will be delivered; and
(E) Any other information required by state licensing authority rule.
(II) Prior to transferring possession of the order to a patient or a parent or guardian, the person delivering the order shall inspect the patient's or parent's or guardian's identification and registry identification card issued pursuant to section 25-1.5-106, verify the possession of a valid registry identification card issued pursuant to section 25-1.5-106, and verify that the information provided at the time of the order matches the name and age on the patient's or parent's or guardian's identification.
(h) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of medical marijuana and medical marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to medical marijuana delivery operations pursuant to this subsection (11).
(i) It is not a violation of any provision of state, civil, or criminal law for a licensed medical marijuana store or medical marijuana transporter licensee with a valid medical marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver medical marijuana and medical marijuana products pursuant to a medical marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(j) A local law enforcement agency may request state licensing authority reports, including complaints, investigative actions, and final agency action orders, related to criminal activity materially related to medical marijuana delivery in the law enforcement agency's jurisdiction, and the state licensing authority shall promptly provide any reports in its possession for the law enforcement agency's jurisdiction.
(k) (I) Notwithstanding any provisions of this section, delivery of medical marijuana or medical marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county, vote to allow the delivery of medical marijuana or medical marijuana products pursuant to this section.
(II) An ordinance adopted pursuant to subsection (11)(k)(I) of this section may prohibit delivery of medical marijuana or medical marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(l) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted at any school or on the campus of any institution of higher education.
marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(l) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted at any school or on the campus of any institution of higher education.
(m) (I) The state licensing authority shall begin issuing medical marijuana delivery permits to qualified medical marijuana store applicants on, but not earlier than, January 2, 2020.
(II) Repealed.
(12) Notwithstanding any other provision of law to the contrary, a licensed medical marijuana store may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
C.R.S. § 44-10-502 Medical marijuana cultivation facility license - rules - definitions
44-10-502. Medical marijuana cultivation facility license - rules - definitions. (1) A medical marijuana cultivation facility may be issued only to a person who cultivates medical marijuana for sale and distribution to licensed medical marijuana stores, medical marijuana products manufacturer licensees, or other medical marijuana cultivation facilities.
(2) A medical marijuana cultivation facility shall track the marijuana it cultivates from seed or immature plant to wholesale purchase.
(3) A medical marijuana cultivation facility may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a medical marijuana testing facility license from the state licensing authority for testing and research purposes. A medical marijuana cultivation facility shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the testing results.
(4) Medical marijuana or medical marijuana products may not be consumed on the premises of a medical marijuana cultivation facility.
(5) (a) A medical marijuana cultivation facility licensee may provide a medical marijuana sample and a medical marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A medical marijuana cultivation facility licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (5)(a).
(b) Managers who receive a sample pursuant to subsection (5)(a) of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).
(c) A sample authorized pursuant to subsection (5)(a) of this section is limited to one gram of medical marijuana per batch as defined in rules promulgated by the state licensing authority and one-quarter gram of a medical marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of medical marijuana concentrate if the intended use of the final medical marijuana product is to be used in a device that can deliver medical marijuana concentrate in a vaporized form to the person inhaling from the device.
(d) A sample authorized pursuant to subsection (5)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(e) A sample provided pursuant to subsection (5)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The medical marijuana cultivation facility licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(f) Prior to a manager receiving a sample pursuant to subsection (5)(a) of this section, a medical marijuana cultivation facility licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(g) A manager shall not:
(I) Receive more than one ounce total of medical marijuana samples or fifteen grams of medical marijuana concentrate samples per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide or resell the sample to another licensed employee, a customer, or any other individual.
possession limits pursuant to section 18-18-406.
(g) A manager shall not:
(I) Receive more than one ounce total of medical marijuana samples or fifteen grams of medical marijuana concentrate samples per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide or resell the sample to another licensed employee, a customer, or any other individual.
(h) A medical marijuana cultivation facility licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(i) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The medical marijuana cultivation facility licensee shall maintain the information required by this subsection (5)(i) on the licensed premises for inspection by the state and local licensing authorities.
(j) For purposes of this subsection (5) only, "manager" means an employee of the medical marijuana business who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the medical marijuana business.
(6) (a) The state licensing authority may issue a centralized distribution permit to a medical marijuana cultivation facility authorizing temporary storage on its licensed premises of medical marijuana concentrate and medical marijuana products received from a medical marijuana products manufacturer for the sole purpose of transfer to the permit holder's commonly owned medical marijuana stores. Prior to exercising the privileges of a centralized distribution permit, a medical marijuana cultivation facility licensed pursuant to this section shall, at the time of application to the state licensing authority, send a copy of the application or supplemental application for a centralized distribution permit to the local licensing authority in the jurisdiction in which the centralized distribution permit is proposed. The state licensing authority shall notify the local licensing authority of its decision regarding the centralized distribution permit.
(b) A medical marijuana cultivation facility shall not store medical marijuana concentrate or medical marijuana products pursuant to a centralized distribution permit for more than ninety days.
(c) A medical marijuana cultivation facility shall not accept any medical marijuana concentrate or medical marijuana products pursuant to a centralized distribution permit unless the medical marijuana concentrate and medical marijuana products are packaged and labeled for sale to a patient as required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) All medical marijuana concentrate and medical marijuana products stored and prepared for transport on a medical marijuana cultivation facility's licensed premises pursuant to a centralized distribution permit must only be transferred to a medical marijuana cultivation facility licensee's commonly owned medical marijuana stores. All transfers of medical marijuana concentrate and medical marijuana products by a medical marijuana cultivation facility pursuant to a centralized distribution permit are without consideration.
(e) All security and surveillance requirements that apply to a medical marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
(f) A medical marijuana cultivation facility shall track all medical marijuana concentrate and medical marijuana products possessed pursuant to a centralized distribution permit in the seed-to-sale tracking system from the point they are received from a medical marijuana products manufacturer to the point of transfer to a medical marijuana cultivation facility licensee's commonly owned medical marijuana stores.
marijuana cultivation facility shall track all medical marijuana concentrate and medical marijuana products possessed pursuant to a centralized distribution permit in the seed-to-sale tracking system from the point they are received from a medical marijuana products manufacturer to the point of transfer to a medical marijuana cultivation facility licensee's commonly owned medical marijuana stores.
(g) For purposes of this subsection (6) only, "commonly owned" means licenses that have an ownership structure with at least one natural person with a minimum of five percent ownership in each license.
(7) (a) In accordance with the rules promulgated by the state licensing authority, a medical marijuana cultivation facility may obtain genetic material from:
(I) Another medical or retail marijuana cultivation facility;
(II) A medical or retail marijuana testing facility;
(III) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(IV) Any other source permitted by rule of the state licensing authority.
(b) (I) A medical marijuana cultivation facility may sell, transfer, or ship genetic material to:
(A) Another medical or retail marijuana cultivation facility;
(B) A medical or retail marijuana testing facility;
(C) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(D) Any other person permitted by rule of the state licensing authority.
(II) Repealed.
(III) For sales, transfers, or shipments to an individual, a medical marijuana cultivation facility shall establish processes and procedures to confirm that the purchasing or receiving individual is twenty-one years of age or older using an age verification process, such as authentication verification, biometric verification, or document verification.
(IV) A licensed medical marijuana cultivation facility may accept payment online for the sale, transfer, or shipment of genetic material.
(V) A licensed medical marijuana cultivation facility shall not transfer genetic material directly to consumers who are present on the licensed premises.
(c) The state licensing authority may promulgate rules to implement this subsection (7) to set requirements for inventory tracking, reporting, and record keeping. In promulgating the rules and conducting enforcement actions under this subsection (7), the state licensing authority may:
(I) Require inventory tracking of genetic material only when the genetic material is:
(A) On the licensed premises of a medical marijuana or retail marijuana business; or
(B) Being transferred between regulated marijuana businesses licensed pursuant to this article 10;
(II) Only confirm the licensee has established processes and procedures to verify compliance with subsection (7)(b)(III) of this section; or
(III) Monitor or take enforcement action associated with a licensee's genetic material activities that occur only on the licensed premises.
uana business; or
(B) Being transferred between regulated marijuana businesses licensed pursuant to this article 10;
(II) Only confirm the licensee has established processes and procedures to verify compliance with subsection (7)(b)(III) of this section; or
(III) Monitor or take enforcement action associated with a licensee's genetic material activities that occur only on the licensed premises.
(d) This subsection (7) does not limit the applicability of another state's law, the applicability of federal law, or enforcement by federal agencies.
(8) Notwithstanding any other provision of law to the contrary, a licensed medical marijuana cultivation facility may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(9) (a) After obtaining passing testing results, a medical marijuana cultivation facility may receive a transfer of retail marijuana from a co-located retail marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the retail marijuana to medical marijuana. The medical marijuana cultivation facility shall enter the designation change into the seed-to-sale tracking system and, after the change is entered into the system, the marijuana is medical marijuana and is the property of the medical marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (9)(a) shall not be transferred to the originating retail marijuana cultivation facility or any retail marijuana licensee, have its designation changed from medical marijuana to retail marijuana, or otherwise be treated as retail marijuana.
(b) Both the medical marijuana cultivation facility and retail marijuana cultivation facility must remain at or under their respective regulated inventory limits before and after the designation is conducted pursuant to subsection (9)(a) of this section.
(c) A transfer and change of designation of retail marijuana to medical marijuana pursuant to this subsection (9) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
(9.5) (a) Starting January 1, 2023, after obtaining passing test results, a medical marijuana cultivation facility may transfer medical marijuana to a co-located retail marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the medical marijuana to retail marijuana. Pursuant to section 44-10-602 (13.5)(a), after the retail marijuana cultivation facility enters the designation change into the seed-to-sale tracking system, the marijuana is retail marijuana and is the property of the retail marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (9.5)(a) must not be transferred to the originating medical marijuana cultivation facility or any medical marijuana licensee, have its designation changed from retail marijuana back to medical marijuana, or otherwise be treated as medical marijuana.
retail marijuana and is the property of the retail marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (9.5)(a) must not be transferred to the originating medical marijuana cultivation facility or any medical marijuana licensee, have its designation changed from retail marijuana back to medical marijuana, or otherwise be treated as medical marijuana.
(b) (I) Notwithstanding subsection (9.5)(a) of this section to the contrary, a medical marijuana cultivation facility may transfer medical marijuana to a retail marijuana cultivation facility that is not co-located with the medical marijuana cultivation facility to change the designation of the medical marijuana to retail marijuana if:
(A) The medical marijuana cultivation facility and retail marijuana cultivation facility have at least one identical controlling beneficial owner; and
(B) The medical marijuana cultivation facility and retail marijuana cultivation facility cannot be co-located because the local jurisdiction prohibits the operation of either a medical marijuana cultivation facility or a retail marijuana cultivation facility.
(II) Prior to making a transfer pursuant to this subsection (9.5)(b), the medical marijuana cultivation facility shall ensure that the medical marijuana passed all tests required by the state licensing authority in rule.
(c) Both the medical marijuana cultivation facility and the retail marijuana cultivation facility shall remain at or under their respective regulated inventory limits before and after the transfer is conducted pursuant to this subsection (9.5).
(d) The retail marijuana cultivation facility shall pay any retail marijuana excise tax pursuant to section 39-28.8-302. The retail marijuana cultivation facility shall notify the local licensing authority in the local jurisdiction where the transferor and transferee operate and pay any applicable excise tax on the transferred retail marijuana.
(e) Pursuant to the requirements of this subsection (9.5), a medical marijuana cultivation facility may make a virtual transfer of marijuana that is reflected in the seed-to-sale tracking system even if the marijuana is not physically moved or transferred.
(10) (a) Beginning January 1, 2022, a medical marijuana cultivation facility licensee that cultivates medical marijuana outdoors may file a contingency plan for its outdoor cultivation operation to address how the licensee will respond when there is an adverse weather event. If the licensee files a contingency plan, the licensee shall also submit a copy of the plan to the local licensing authority in the local jurisdiction where the licensee operates. If the contingency plan is approved by the state licensing authority, the medical marijuana cultivation facility licensee may follow the contingency plan in the case of an adverse weather event.
(b) After the state licensing authority approves a contingency plan, it shall notify the local licensing authority of the approval. The local licensing authority may enforce local land use and zoning laws and regulations regarding the contingency plan and may develop internal regulatory processes to evaluate contingency plans.
(c) On and after January 1, 2023, a local licensing authority may require that an applicant for a medical marijuana cultivation facility license include a contingency plan with the application for the local licensing authority's review and approval.
C.R.S. § 44-10-503 Medical marijuana products manufacturer license - rules - definition
44-10-503. Medical marijuana products manufacturer license - rules - definition. (1) (a) A medical marijuana products manufacturer license may be issued to a person that manufactures medical marijuana products, pursuant to the terms and conditions of this article 10.
(b) A medical marijuana products manufacturer may cultivate its own medical marijuana if it obtains a medical marijuana cultivation facility license, it may purchase medical marijuana from a medical marijuana store pursuant to subsection (3) of this section, it may purchase medical marijuana from a medical marijuana cultivation facility licensee, or it may purchase medical marijuana from another medical marijuana products manufacturer. A medical marijuana products manufacturer shall track all of its medical marijuana from the point it is either transferred from its medical marijuana cultivation facility or the point when it is delivered to the medical marijuana products manufacturer from a medical marijuana store, medical marijuana cultivation facility licensee, or a medical marijuana products manufacturer to the point of transfer to a medical marijuana store or a medical marijuana products manufacturer or a medical marijuana cultivation facility that has obtained a centralized distribution permit.
(c) A person must be licensed as a medical marijuana products manufacturer, including paying the license and application fees, to manufacture potentially intoxicating cannabinoids or intoxicating cannabinoids from medical marijuana to be used as an ingredient or as a finished medical marijuana product.
(2) Medical marijuana products must be prepared on a licensed premises that is used exclusively for the manufacture and preparation of medical marijuana products and using equipment that is used exclusively for the manufacture and preparation of medical marijuana products; except that, subject to rules of the state licensing authority, a medical marijuana products manufacturer licensee may share the same premises as a commonly owned marijuana research and development licensee so long as virtual or physical separation of inventory and research activity is maintained.
(3) A medical marijuana products manufacturer shall have a written agreement or contract with a medical marijuana store or a medical marijuana products manufacturer, which contract must at a minimum set forth the total amount of medical marijuana obtained from the medical marijuana store or the medical marijuana products manufacturer to be used in the manufacturing process, and the total amount of medical marijuana products to be manufactured from the medical marijuana obtained from the medical marijuana store or the medical marijuana products manufacturer. The medical marijuana products manufacturer may sell its products to any medical marijuana store or to any medical marijuana products manufacturer.
(4) All licensed premises on which medical marijuana products are manufactured must meet the sanitary standards for medical marijuana product preparation promulgated pursuant to section 44-10-203 (2)(i).
(5) (a) The medical marijuana product must be sealed and conspicuously labeled in compliance with this article 10 and any rules promulgated pursuant to this article 10. The labeling of medical marijuana products is a matter of statewide concern.
na products are manufactured must meet the sanitary standards for medical marijuana product preparation promulgated pursuant to section 44-10-203 (2)(i).
(5) (a) The medical marijuana product must be sealed and conspicuously labeled in compliance with this article 10 and any rules promulgated pursuant to this article 10. The labeling of medical marijuana products is a matter of statewide concern.
(b) (I) A medical marijuana products manufacturer that uses a hemp product as an ingredient in a medical marijuana product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a medical marijuana products manufacturer shall verify the hemp product passed all testing required for medical marijuana products at a licensed medical marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a medical marijuana products manufacturer pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426.
(6) Medical marijuana or medical marijuana products may not be consumed on a premises licensed pursuant to this article 10.
(7) Notwithstanding any other provision of state law, sales of medical marijuana products shall not be exempt from state or local sales tax.
(8) A medical marijuana products manufacturer may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a medical marijuana testing facility license from the state licensing authority for testing and research purposes. A medical marijuana products manufacturer shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(9) A medical marijuana products manufacturer shall not:
(a) Add any medical marijuana to a food product where the manufacturer of the food product holds a trademark to the food product's name; except that a medical marijuana products manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and where the medical marijuana products manufacturer does not state or advertise to the patient that the final medical marijuana product contains a trademarked food product;
(b) Intentionally or knowingly label or package a medical marijuana product in a manner that would cause a reasonable patient confusion as to whether the medical marijuana product was a trademarked food product; or
(c) Label or package a medical marijuana product in a manner that violates any federal trademark law or regulation.
(10) (a) A medical marijuana products manufacturer licensee may provide a medical marijuana concentrate and a medical marijuana product sample to no more than five managers employed by the licensee for purposes of quality control and product development. A medical marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
(b) Managers who receive a sample pursuant to subsection (10)(a) of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).
ent. A medical marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
(b) Managers who receive a sample pursuant to subsection (10)(a) of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).
(c) A sample authorized pursuant to subsection (10)(a) of this section is limited to one serving size of edible medical marijuana product and its applicable equivalent serving size of nonedible medical marijuana product per batch as defined in rules promulgated by the state licensing authority and one-quarter gram of medical marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of medical marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver medical marijuana concentrate in a vaporized form to the person inhaling from the device.
(d) A sample authorized pursuant to subsection (10)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(e) A sample provided pursuant to subsection (10)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The medical marijuana products manufacturer licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(f) Prior to a manager receiving a sample pursuant to subsection (10)(a) of this section, a medical marijuana products manufacturer licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(g) A manager shall not:
(I) Receive more than a total of fifteen grams of medical marijuana concentrate or fourteen individual serving-size edibles or its applicable equivalent in nonedible medical marijuana products per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(h) A medical marijuana products manufacturer licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(i) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The medical marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(i) on the licensed premises for inspection by the state and local licensing authorities.
means of compensation to a manager.
(i) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The medical marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(i) on the licensed premises for inspection by the state and local licensing authorities.
(j) For purposes of this subsection (10) only, "manager" means an employee of the medical marijuana products manufacturer who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the medical marijuana products manufacturer.
(11) Notwithstanding any other provision of law to the contrary, a licensed medical marijuana products manufacturer may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(12) (a) After obtaining passing testing results, a medical marijuana products manufacturer may receive a transfer of retail marijuana that has been extracted and is in a concentrated form from a co-located retail marijuana products manufacturer with at least one identical controlling beneficial owner and change the designation of the retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form. The medical marijuana products manufacturer shall enter the designation change into the seed-to-sale tracking system and, after the change is entered into the system, the product is a medical marijuana product and is the property of the medical marijuana products manufacturer. A product that changed designation pursuant to this subsection (12)(a) shall not be transferred to the originating retail marijuana products manufacturer or any retail marijuana licensee, have its designation changed from a medical marijuana product, or otherwise be treated as a retail marijuana product.
(b) A transfer and change of designation of retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form pursuant to this subsection (12) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
C.R.S. § 44-10-504 Medical marijuana testing facility license - rules
44-10-504. Medical marijuana testing facility license - rules. (1) (a) A medical marijuana testing facility license may be issued to a person who performs testing and research on medical marijuana, hemp products as regulated by part 4 of article 5 of title 25, for medical marijuana licensees, medical marijuana and medical marijuana products for marijuana and research development licensees, and marijuana or marijuana products grown or produced by a registered patient or registered primary caregiver on behalf of a registered patient, upon verification of registration pursuant to section 25-1.5-106 (7)(e) and verification that the patient is a participant in a clinical or observational study conducted by a marijuana research and development licensee, and hemp products as regulated by part 4 of article 5 of title 25. The facility may develop and test medical marijuana products.
(b) The testing of medical marijuana, medical marijuana products, and medical marijuana concentrate, and the associated standards, is a matter of statewide concern.
(2) The state licensing authority shall promulgate rules pursuant to its authority in section 44-10-202 (1)(c) related to acceptable testing and research practices, including but not limited to testing, standards, quality control analysis, equipment certification and calibration, and chemical identification and other substances used in bona fide research methods.
(3) A person who has an interest in a medical marijuana testing facility license from the state licensing authority for testing purposes shall not have any interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer. A person that has an interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer shall not have an interest in a facility that has a medical marijuana testing facility license.
C.R.S. § 44-10-505 Medical marijuana transporter license - definition
44-10-505. Medical marijuana transporter license - definition. (1) (a) A medical marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of medical marijuana and medical marijuana products. Notwithstanding any other provisions of law, a medical marijuana transporter license is valid for two years. A licensed medical marijuana transporter is responsible for the medical marijuana and medical marijuana products once it takes control of the product.
(b) A licensed medical marijuana transporter may contract with multiple licensed medical marijuana businesses.
(c) On and after July 1, 2017, all medical marijuana transporters shall hold a valid medical marijuana transporter license; except that an entity licensed pursuant to this article 10 that provides its own distribution is not required to have a medical marijuana transporter license to transport and distribute its products. The state licensing authority shall begin accepting applications after January 1, 2017.
(2) A medical marijuana transporter licensee may maintain a licensed premises to temporarily store medical marijuana and medical marijuana products and to use as a centralized distribution point. The licensed premises must be located in a jurisdiction that permits the operation of medical marijuana stores. A licensed medical marijuana transporter may store and distribute medical marijuana and medical marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a medical marijuana cultivation facility license.
(3) A medical marijuana transporter licensee shall use the seed-to-sale tracking system developed pursuant to section 44-10-202 (1)(a) to create shipping manifests documenting the transport of medical marijuana and medical marijuana products throughout the state.
(4) A medical marijuana transporter licensee may:
(a) Maintain and operate one or more warehouses in the state to handle medical marijuana and medical marijuana products; and
(b) Deliver medical marijuana and medical marijuana products on orders previously taken if the place where orders are taken and delivered is licensed.
(5) (a) (I) There is authorized a medical marijuana delivery permit to a medical marijuana transporter license authorizing the permit holder to deliver medical marijuana and medical marijuana products.
(II) A medical marijuana delivery permit is valid for two years and may be renewed upon renewal of the medical marijuana transporter license.
(III) A medical marijuana delivery permit issued pursuant to this section applies to only one medical marijuana transporter; except that a single medical marijuana delivery permit may apply to multiple medical marijuana transporters if the medical marijuana transporters are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a medical marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a medical marijuana transporter license issued pursuant to this article 10. The state licensing authority has discretion in determining whether an applicant is qualified to receive a medical marijuana delivery permit. A medical marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed medical marijuana transporter. A violation related to a medical marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana transporter license.
(b) A medical marijuana transporter licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.
permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana transporter license.
(b) A medical marijuana transporter licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.
(c) A licensed medical marijuana transporter with a medical marijuana delivery permit may deliver medical marijuana and medical marijuana products on behalf of a medical marijuana store only to the patient or parent or guardian who placed the order with a medical marijuana store and who:
(I) Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;
(II) Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
(d) In accordance with this subsection (5) and rules adopted to implement this subsection (5), a licensed medical marijuana transporter with a valid medical marijuana delivery permit may:
(I) Not accept orders on behalf of a medical marijuana store and may only pick up already packaged medical marijuana delivery orders from a medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule and deliver those orders to the appropriate patient, parent, or guardian;
(II) Deliver medical marijuana and medical marijuana products not in excess of the amounts established by the state licensing authority;
(III) Deliver only to a patient or parent or guardian at the address provided in the order;
(IV) Deliver no more than once per day to the same patient or residence;
(V) (A) Deliver only to a private residence.
(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI) Deliver medical marijuana or medical marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries on behalf of, and pursuant to a contract with, a medical marijuana store that has a valid medical marijuana delivery permit from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(e) Prior to transferring possession of the order to a patient or a parent or guardian, the person delivering the order shall inspect the patient's or parent's or guardian's identification and registry identification card issued pursuant to section 25-1.5-106, verify the possession of a valid registry identification card issued pursuant to section 25-1.5-106, and verify that the information provided at the time of the order matches the name and age on the patient's or parent's or guardian's identification.
(f) Any person delivering medical marijuana or medical marijuana products for a medical marijuana transporter must possess a valid occupational license and be a current employee of the medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
occupational license and be a current employee of the medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(g) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of medical marijuana and medical marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to medical marijuana delivery operations pursuant to this subsection (5).
(h) It is not a violation of any provision of state, civil, or criminal law for a licensed medical marijuana transporter licensee with a valid medical marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver medical marijuana and medical marijuana products pursuant to a medical marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(i) (I) Notwithstanding any provisions of this section, delivery of medical marijuana or medical marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county vote to allow the delivery of medical marijuana or medical marijuana products pursuant to this section.
(II) An ordinance adopted pursuant to subsection (5)(i)(I) of this section may prohibit delivery of medical marijuana or medical marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(j) The state licensing authority shall begin issuing medical marijuana delivery permits to qualified medical marijuana transporter applicants on, but not earlier than, January 2, 2021.
C.R.S. § 44-10-506 Medical marijuana business operator license
44-10-506. Medical marijuana business operator license. A medical marijuana business operator license may be issued to an entity or person who operates a medical marijuana business licensed pursuant to this article 10, for another medical marijuana business or retail marijuana business licensed pursuant to this article 10, and who may receive a portion of the profits as compensation.
C.R.S. § 44-10-507 Marijuana research and development license
44-10-507. Marijuana research and development license. (1) A marijuana research and development license may be issued to a person to grow, cultivate, possess, and transfer, by sale or donation, marijuana pursuant to section 44-10-203 (1)(i) or subsection (4) of this section for the limited research purposes identified in subsection (2) of this section.
(2) A license identified in subsection (1) of this section may be issued for the following limited research purposes:
(a) To test chemical potency and composition levels;
(b) To conduct clinical investigations of marijuana-derived medicinal products;
(c) To conduct research on the efficacy and safety of administering marijuana as part of medical treatment;
(d) To conduct genomic, horticultural, or agricultural research; and
(e) To conduct research on marijuana-affiliated products or systems.
(3) (a) As part of the application process for a marijuana research and development license, an applicant shall submit to the state licensing authority a description of the research that the applicant intends to conduct and whether the research will be conducted with a public institution or using public money. If the research will not be conducted with a public institution or with public money, the state licensing authority shall grant the application if it determines that the application meets the criteria in subsection (2) of this section.
(b) If the research will be conducted with a public institution or public money, the scientific advisory council established in section 25-1.5-106.5 (3) shall review an applicant's research project to determine that it meets the requirements of subsection (2) of this section and to assess the following:
(I) The project's quality, study design, value, or impact;
(II) Whether the applicant has the appropriate personnel; expertise; facilities; infrastructure; funding; and human, animal, or other approvals in place to successfully conduct the project; and
(III) Whether the amount of marijuana to be grown by the applicant is consistent with the project's scope and goals.
(c) If the scientific advisory council determines that the research project does not meet the requirements of subsection (2) of this section or assesses the criteria in this subsection (3) to be inadequate, the application must be denied.
(4) A marijuana research and development licensee may only transfer, by sale or donation, marijuana grown within its operation to other marijuana research and development licensees. The state licensing authority may impose sanctions on a marijuana research and development license for violations of this subsection (4) and any other violation of this article 10.
(5) A marijuana research and development licensee may contract to perform research in conjunction with a public higher education research institution or another marijuana research and development licensee.
(6) The growing, cultivating, possessing, or transferring, by sale or donation, of marijuana in accordance with this section and the rules adopted pursuant to it, by a marijuana research and development licensee, is not a criminal or civil offense under state law. A marijuana research and development license must be issued in the name of the applicant and must specify the location in Colorado at which the marijuana research and development licensee intends to operate. A marijuana research and development licensee shall not allow any other person to exercise the privilege of the license.
(7) If the research conducted includes a public institution or public money, the scientific advisory council shall review any reports made by marijuana research and development licensees under state licensing authority rule and provide the state licensing authority with its determination on whether the research project continues to meet research qualifications pursuant to this section.
C.R.S. § 44-10-601 Retail marijuana store license - rules - definitions
44-10-601. Retail marijuana store license - rules - definitions. (1) (a) A retail marijuana store license may be issued only to a person selling retail marijuana or retail marijuana products pursuant to the terms and conditions of this article 10.
(b) A retail marijuana store may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility.
(c) A retail marijuana store shall not accept any retail marijuana purchased from a retail marijuana cultivation facility unless the retail marijuana store is provided with evidence that any applicable excise tax due, pursuant to article 28.8 of title 39, was paid.
(d) The retail marijuana store shall track all of its retail marijuana and retail marijuana products from the point that they are transferred from a retail marijuana cultivation facility or retail marijuana products manufacturer to the point of sale.
(2) (a) Notwithstanding the provisions of this section, a retail marijuana store licensee may also sell retail marijuana products that are prepackaged and labeled as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(b) A retail marijuana store licensee may transact with a retail marijuana products manufacturer licensee for the purchase of retail marijuana products upon a retail marijuana products manufacturer licensee's licensed premises or a retail marijuana store's licensed premises.
(c) A retail marijuana store may sell retail marijuana and retail marijuana products to a retail marijuana hospitality and sales business licensee.
(3) (a) (I) A retail marijuana store may not sell more than one ounce of retail marijuana or its equivalent in retail marijuana products, including retail marijuana concentrate, except for nonedible, nonpsychoactive retail marijuana products, including ointments, lotions, balms, and other nontransdermal topical products, during a single transaction to a person.
(II) As used in this subsection (3)(a), "equivalent in retail marijuana products" has the same meaning as established by the state licensing authority by rule pursuant to section 44-10-203 (4).
(b) (I) Prior to initiating a sale, the employee of the retail marijuana store making the sale shall verify that the purchaser has a valid identification card showing the purchaser is twenty-one years of age or older. If a person under twenty-one years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age shall not be grounds for the revocation or suspension of any license issued under this article 10.
(II) (A) If a retail marijuana store licensee or employee has reasonable cause to believe that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or marijuana product, the licensee or employee is authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two hours after the confiscation, remit to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit to a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense.
licensee or employee is authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two hours after the confiscation, remit to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit to a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense.
(B) If a retail marijuana store licensee or employee believes that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or retail marijuana product, the licensee or employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of any unlawful act regarding the purchase of retail marijuana. The questioning of a person by an employee or a peace or police officer does not render the licensee, the employee, or the peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
(c) (I) A retail marijuana store that sells a hemp product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana store shall verify the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana store pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426.
(d) When completing a sale of retail marijuana concentrate, the retail marijuana store shall physically attach to the customer's receipt of sale, product container, or exit packaging the tangible educational resource created by the state licensing authority regarding the use of medical marijuana concentrate.
(4) A retail marijuana store may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana store shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(5) All retail marijuana and retail marijuana products sold at a licensed retail marijuana store shall be packaged and labeled as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(6) A licensed retail marijuana store shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities.
of the testing.
(5) All retail marijuana and retail marijuana products sold at a licensed retail marijuana store shall be packaged and labeled as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(6) A licensed retail marijuana store shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities.
(7) (a) A licensed retail marijuana store may only sell retail marijuana, retail marijuana products, marijuana accessories, nonconsumable products such as apparel, marijuana-related products such as childproof packaging containers, hemp products, and food, including food that is not infused with marijuana or hemp products or extracts, but a licensed retail marijuana store shall not give away or sell cigarettes or alcohol. The licensed retail marijuana store shall not sell food in excess of twenty percent of the store's annual gross revenues.
(b) A licensed retail marijuana store may not sell any retail marijuana or retail marijuana products that contain nicotine or alcohol, if the sale of the alcohol would require a license pursuant to article 3 or 4 of this title 44.
(c) (I) A licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products.
(II) Unless otherwise authorized by this article 10, an individual must be physically present on the retail marijuana store's licensed premises to take possession of the purchased retail marijuana or retail marijuana product.
(III) At the time of an online order, the retail marijuana store shall require the purchasing individual to provide information necessary to verify that the individual is at least twenty-one years of age. At a minimum, the store shall require the individual's name, the individual's date of birth, and any other information required by the state licensing authority by rule. When the individual arrives to pick up the online order, the store shall inspect the individual's identification. The store shall not transfer possession of the order unless the name and date of birth provided at the time of the order matches the name and date of birth on the individual's identification.
(IV) A retail marijuana store shall ensure that an individual purchasing retail marijuana or retail marijuana products online is provided with digital versions of all warnings or educational materials that the retail marijuana store is required to post and provide on its licensed premises, including the warning required pursuant to section 44-10-203 (3)(h), the educational material required in subsection (3)(d) of this section, and any additional relevant warnings or educational materials, as applicable. The individual must acknowledge receipt of the warnings and educational materials before completing the purchase.
(8) The premises of a licensed retail marijuana store is the only place where an automatic dispensing machine that contains retail marijuana or retail marijuana products may be located. If a licensed retail marijuana store uses an automatic dispensing machine that contains retail marijuana and retail marijuana products, it must comply with the regulations promulgated by the state licensing authority for its use.
(9) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana store.
(10) Notwithstanding any other provision of state law, sales of retail marijuana and retail marijuana products are not exempt from state or local sales tax.
(11) A display case containing marijuana concentrate must include the potency of the marijuana concentrate next to the name of the product.
(12) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana store may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
not exempt from state or local sales tax.
(11) A display case containing marijuana concentrate must include the potency of the marijuana concentrate next to the name of the product.
(12) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana store may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(13) (a) (I) There is authorized a retail marijuana delivery permit to a retail marijuana store license authorizing the permit holder to deliver retail marijuana and retail marijuana products.
(II) A retail marijuana delivery permit is valid for two years and may be renewed upon renewal of the retail marijuana store license or retail marijuana transporter license.
(III) A retail marijuana delivery permit issued pursuant to this section applies to only one retail marijuana store; except that a single retail marijuana delivery permit may apply to multiple retail marijuana stores if the retail marijuana stores are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a retail marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a retail marijuana store license issued pursuant to this article 10. A permit applicant is prohibited from delivering retail marijuana and retail marijuana products without state and local jurisdiction approval. If the applicant does not receive local jurisdiction approval within one year from the date of the state licensing authority approval, the state permit expires and may not be renewed. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued permit. The state licensing authority has discretion in determining whether an applicant is qualified to receive a retail marijuana delivery permit. A retail marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed retail marijuana store or retail marijuana transporter licensee. A violation related to a retail marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or retail marijuana store license.
(b) A retail marijuana store licensee shall not make deliveries of retail marijuana or retail marijuana products to individuals while also transporting retail marijuana or retail marijuana products between licensed premises in the same vehicle.
(c) The licensed retail marijuana store shall charge a one-dollar surcharge on each delivery. The licensed retail marijuana store shall remit the surcharges collected on a monthly basis to the municipality where the licensed retail marijuana store is located, or to the county if the licensed retail marijuana store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Failure to comply with this subsection (13)(c) may result in nonrenewal of the retail marijuana delivery permit.
(d) A licensed retail marijuana store with a retail marijuana delivery permit may deliver retail marijuana and retail marijuana products only to the individual who placed the order and who:
(I) Is twenty-one years of age or older;
(II) Receives the delivery of retail marijuana or retail marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
very permit.
(d) A licensed retail marijuana store with a retail marijuana delivery permit may deliver retail marijuana and retail marijuana products only to the individual who placed the order and who:
(I) Is twenty-one years of age or older;
(II) Receives the delivery of retail marijuana or retail marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
(e) Any person delivering retail marijuana or retail marijuana products must possess a valid occupational license and be a current employee of the licensed retail marijuana store or retail marijuana transporter licensee with a valid retail marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(f) In accordance with this subsection (13) and rules adopted to implement this subsection (13), a licensed retail marijuana store with a valid retail marijuana delivery permit may:
(I) Receive an order through electronic or other means for the purchase and delivery of retail marijuana or retail marijuana products. When using an online platform for marijuana delivery, the platform must require the individual to choose a retail marijuana store before viewing the price.
(II) Deliver retail marijuana or retail marijuana products not in excess of the amounts established by the state licensing authority;
(III) Deliver only to an individual at the address provided in the order;
(IV) Deliver no more than once per day to the same individual or residence;
(V) (A) Deliver only to private residences.
(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI) Deliver retail marijuana or retail marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries, or contract with a retail marijuana transporter that has a valid retail marijuana delivery permit to conduct deliveries on its behalf, from its retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(g) (I) At the time of the order, the retail marijuana store shall require the individual to provide information necessary to verify the individual is at least twenty-one years of age. The provided information must, at a minimum, include the following:
(A) The individual's name and date of birth;
(B) The address of the residence where the order will be delivered; and
(C) Any other information required by state licensing authority rule.
(II) Prior to transferring possession of the order to an individual, the person delivering the order shall inspect the individual's identification and verify that the information provided at the time of the order matches the name and age on the individual's identification.
(h) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of retail marijuana and retail marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to retail marijuana delivery operations pursuant to this subsection (13).
r licenses issued pursuant to this article 10 apply to the delivery of retail marijuana and retail marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to retail marijuana delivery operations pursuant to this subsection (13).
(i) It is not a violation of any provision of state, civil, or criminal law for a licensed retail marijuana store or retail marijuana transporter licensee with a valid retail marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver retail marijuana or retail marijuana products pursuant to a retail marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(j) A local law enforcement agency may request state licensing authority reports, including complaints, investigative action, and final agency action orders, related to criminal activity materially related to retail marijuana delivery in the law enforcement agency's jurisdiction, and the state licensing authority shall promptly provide any reports in its possession for the law enforcement agency's jurisdiction.
(k) (I) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county, vote to allow the delivery of retail marijuana or retail marijuana products pursuant to this section.
(II) An ordinance adopted pursuant to subsection (13)(k)(I) of this section may prohibit delivery of retail marijuana and retail marijuana products from a retail marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(l) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted at any school or on the campus of any institution of higher education.
(m) The state licensing authority shall begin issuing retail marijuana delivery permits to qualified retail marijuana store applicants on, but not earlier than, January 2, 2021.
(14) An accelerator store licensee may operate on the premises of a retail marijuana store licensee if before each accelerator store licensee operates, the retail marijuana store licensee has its premises endorsed pursuant to rule and each accelerator store licensee is approved to operate on that premises.
(15) A retail marijuana store licensee that hosts an accelerator store licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator store licensee operating on its premises. A retail marijuana store licensee that hosts an accelerator store licensee may, pursuant to rule, provide capital assistance to an accelerator store licensee operating on its premises.
(16) A retail marijuana store, pursuant to rule and the state licensing authority discretion, may be eligible for incentives available through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(17) A retail marijuana store or retail marijuana stores shall not sell any more than eight grams of retail marijuana concentrate to a person in a single day.
C.R.S. § 44-10-602 Retail marijuana cultivation facility license - rules - definitions
44-10-602. Retail marijuana cultivation facility license - rules - definitions. (1) A retail marijuana cultivation facility license may be issued only to a person who cultivates retail marijuana for sale and distribution to licensed retail marijuana stores, retail marijuana products manufacturer licensees, retail marijuana hospitality and sales business, or other retail marijuana cultivation facilities.
(2) A retail marijuana cultivation facility shall remit any applicable excise tax due in accordance with article 28.8 of title 39, based on the average wholesale prices set by the state licensing authority.
(3) A retail marijuana cultivation facility shall track the marijuana it cultivates from seed or immature plant to wholesale purchase. Prior to delivery of any sold retail marijuana, the retail marijuana cultivation facility shall provide evidence that it paid any applicable excise tax on the retail marijuana due pursuant to article 28.8 of title 39.
(4) A retail marijuana cultivation facility may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a retail marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana cultivation facility shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the testing results.
(5) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana cultivation facility.
(6) (a) A retail marijuana cultivation facility licensee may provide a retail marijuana sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana cultivation facility licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (6)(a).
(b) An excise tax shall be levied and collected on the sample of unprocessed retail marijuana by a retail marijuana cultivation facility. The excise tax must be calculated based on the average market rate of the unprocessed retail marijuana.
(c) A sample authorized pursuant to subsection (6)(a) of this section is limited to one gram of retail marijuana per batch as defined in rules promulgated by the state licensing authority, and one-quarter gram of a retail marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of retail marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.
(d) A sample authorized pursuant to subsection (6)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(e) A sample provided pursuant to subsection (6)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana cultivation facility licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
t development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana cultivation facility licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(f) Prior to a manager receiving a sample pursuant to subsection (6)(a) of this section, a retail marijuana cultivation facility licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(g) A manager shall not:
(I) Receive more than one ounce total of retail marijuana or eight grams of retail marijuana concentrate samples per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(h) A retail marijuana cultivation facility licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(i) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana cultivation facility licensee shall maintain the information required by this subsection (6)(i) on the licensed premises for inspection by the state and local licensing authorities.
(j) For purposes of this subsection (6) only, "manager" means an employee of the retail marijuana cultivation facility who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the retail marijuana cultivation facility.
(7) (a) The state licensing authority may issue a centralized distribution permit to a retail marijuana cultivation facility authorizing temporary storage on its licensed premises of retail marijuana concentrate and retail marijuana products received from a retail marijuana business for the sole purpose of transfer to the permit holder's commonly owned retail marijuana stores. Prior to exercising the privileges of a centralized distribution permit, a retail marijuana cultivation facility licensed pursuant to this section shall, at the time of application to the state licensing authority, send a copy of the application or supplemental application for a centralized distribution permit to the local jurisdiction in which the centralized distribution permit is proposed. The state licensing authority shall notify the local jurisdiction of its decision regarding the centralized distribution permit.
(b) A retail marijuana cultivation facility shall not store retail marijuana concentrate or retail marijuana products pursuant to a centralized distribution permit for more than ninety days.
(c) A retail marijuana cultivation facility shall not accept any retail marijuana concentrate or retail marijuana products pursuant to a centralized distribution permit unless the retail marijuana concentrate and retail marijuana products are packaged and labeled for sale to a consumer as required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) All retail marijuana concentrate and retail marijuana products stored and prepared for transport on a retail marijuana cultivation facility's licensed premises pursuant to a centralized distribution permit must only be transferred to a retail marijuana cultivation facility licensee's commonly owned retail marijuana stores. All transfers of retail marijuana concentrate and retail marijuana products by a retail marijuana cultivation facility pursuant to a centralized distribution permit are without consideration.
na cultivation facility's licensed premises pursuant to a centralized distribution permit must only be transferred to a retail marijuana cultivation facility licensee's commonly owned retail marijuana stores. All transfers of retail marijuana concentrate and retail marijuana products by a retail marijuana cultivation facility pursuant to a centralized distribution permit are without consideration.
(e) All security and surveillance requirements that apply to a retail marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
(f) A retail marijuana cultivation facility shall track all retail marijuana concentrate and retail marijuana products possessed pursuant to a centralized distribution permit in the seed-to-sale tracking system from the point it is received from a retail marijuana business to the point of transfer to a retail marijuana cultivation facility licensee's commonly owned retail marijuana stores.
(g) For purposes of this section only, "commonly owned" means licenses that have an ownership structure with at least one natural person with a minimum of five percent ownership in each license.
(8) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana cultivation facility may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(9) An accelerator cultivator licensee may operate on the premises of a retail marijuana cultivation facility licensee if before each accelerator cultivator licensee operates, the retail marijuana cultivation facility licensee has its premises endorsed pursuant to rule and each accelerator cultivator licensee is approved to operate on that premises.
(10) A retail marijuana cultivation facility licensee that hosts an accelerator cultivator licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator cultivator licensee operating on its premises. A retail marijuana products manufacturer licensee that hosts an accelerator cultivator licensee may, pursuant to rule, provide capital assistance to an accelerator cultivator licensee operating on its premises.
(11) A retail marijuana cultivation facility licensee that hosts an accelerator cultivator licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives available through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(12) (a) In accordance with the rules promulgated by the state licensing authority, a retail marijuana cultivation facility may obtain genetic material from:
(I) Another medical or retail marijuana cultivation facility;
(II) A medical or retail marijuana testing facility;
(III) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(IV) Any other source permitted by rule of the state licensing authority.
retail marijuana cultivation facility may obtain genetic material from:
(I) Another medical or retail marijuana cultivation facility;
(II) A medical or retail marijuana testing facility;
(III) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(IV) Any other source permitted by rule of the state licensing authority.
(b) (I) A retail marijuana cultivation facility may sell, transfer, or ship genetic material to:
(A) Another medical or retail marijuana cultivation facility;
(B) A medical or retail marijuana testing facility;
(C) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(D) Any other person permitted by rule of the state licensing authority.
(II) Repealed.
(III) For sales, transfers, or shipments to an individual, a retail marijuana cultivation facility shall establish processes and procedures to confirm that the purchasing or receiving individual is twenty-one years of age or older using an age verification process, such as authentication verification, biometric verification, or document verification.
(IV) A licensed retail marijuana cultivation facility may accept payment online for the sale, transfer, or shipment of genetic material.
(V) A licensed retail marijuana cultivation facility shall not transfer genetic material directly to consumers who are present on the licensed premises.
(c) The state licensing authority may promulgate rules to implement this subsection (12) to set requirements for inventory tracking, reporting, and record keeping. In promulgating the rules and conducting enforcement actions under this subsection (12), the state licensing authority may:
(I) Require inventory tracking of genetic material only when the genetic material is:
(A) On the licensed premises of a medical marijuana or retail marijuana business; or
(B) Being transferred between regulated marijuana businesses licensed pursuant to this article 10;
(II) Only confirm the licensee has established processes and procedures to verify compliance with subsection (12)(b)(III) of this section; or
(III) Monitor or take enforcement action associated with a licensee's genetic material activities that occur only on the licensed premises.
(d) This subsection (12) does not limit the applicability of another state's law, the applicability of federal law, or enforcement by federal agencies.
(13) (a) After obtaining passing test results required by subsection (4) of this section, a retail marijuana cultivation facility may transfer retail marijuana to a co-located medical marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the retail marijuana to medical marijuana. Pursuant to section 44-10-502 (9)(a), after the medical marijuana cultivation facility enters the designation change into the seed-to-sale tracking system, the marijuana is medical marijuana and is the property of the medical marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (13)(a) shall not be transferred to the originating retail marijuana cultivation facility or any retail marijuana licensee, have its designation changed from medical marijuana to retail marijuana, or otherwise be treated as retail marijuana.
(b) Both the medical marijuana cultivation facility and retail marijuana cultivation facility must remain at or under their respective regulated inventory limits before and after the designation is conducted pursuant to subsection (13)(a) of this section.
etail marijuana licensee, have its designation changed from medical marijuana to retail marijuana, or otherwise be treated as retail marijuana.
(b) Both the medical marijuana cultivation facility and retail marijuana cultivation facility must remain at or under their respective regulated inventory limits before and after the designation is conducted pursuant to subsection (13)(a) of this section.
(c) A transfer and change of designation of retail marijuana to medical marijuana pursuant to this subsection (13) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
(13.5) (a) Starting January 1, 2023, after obtaining passing testing results, a retail marijuana cultivation facility may receive a transfer of medical marijuana from a co-located medical marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the medical marijuana to retail marijuana. The retail marijuana cultivation facility shall enter the designation change into the seed-to-sale tracking system and, after the change is entered into the system, the marijuana is retail marijuana and is the property of the retail marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (13.5)(a) must not be transferred to the originating medical marijuana cultivation facility or any medical marijuana licensee, have its designation changed from retail marijuana back to medical marijuana, or otherwise be treated as medical marijuana.
(b) (I) Notwithstanding subsection (13.5)(a) of this section to the contrary, a retail marijuana cultivation facility may receive a transfer of medical marijuana from a medical marijuana cultivation facility that is not co-located with the retail marijuana cultivation facility to change the designation of the medical marijuana to retail marijuana if:
(A) The retail marijuana cultivation facility and medical marijuana cultivation facility have at least one identical controlling beneficial owner; and
(B) The retail marijuana cultivation facility and medical marijuana cultivation facility cannot be co-located because the local jurisdiction prohibits the operation of either a medical marijuana cultivation facility or a retail marijuana cultivation facility.
(II) Prior to receiving a transfer pursuant to this subsection (13.5)(b), the retail marijuana cultivation facility shall ensure that the medical marijuana passed all tests required by the state licensing authority in rule.
(c) Both the retail marijuana cultivation facility and the medical marijuana cultivation facility shall remain at or under their respective regulated inventory limits before and after the transfer is conducted pursuant to this subsection (13.5).
(d) The retail marijuana cultivation facility shall pay any retail marijuana excise tax pursuant to section 39-28.8-302. The retail marijuana cultivation facility shall notify the local licensing authority in the local jurisdiction where the transferor and transferee operate and pay any applicable excise tax on the transferred retail marijuana.
fer is conducted pursuant to this subsection (13.5).
(d) The retail marijuana cultivation facility shall pay any retail marijuana excise tax pursuant to section 39-28.8-302. The retail marijuana cultivation facility shall notify the local licensing authority in the local jurisdiction where the transferor and transferee operate and pay any applicable excise tax on the transferred retail marijuana.
(e) Pursuant to the requirements of this subsection (13.5), a retail marijuana cultivation facility may receive a virtual transfer of marijuana that is reflected in the seed-to-sale tracking system even if the marijuana is not physically moved or transferred.
(14) (a) Beginning January 1, 2022, a retail marijuana cultivation facility licensee that cultivates retail marijuana outdoors may file a contingency plan for its outdoor cultivation operation to address how the licensee will respond when there is an adverse weather event. If the licensee files a contingency plan, the licensee shall also submit a copy of the plan to the local licensing authority in the local jurisdiction where the licensee operates. If the contingency plan is approved by the state licensing authority, the retail marijuana cultivation facility licensee may follow the contingency plan in the case of an adverse weather event.
(b) After the state licensing authority approves a contingency plan, it shall notify the local licensing authority of the approval. The local licensing authority may enforce local land use and zoning laws and regulations regarding the contingency plan and may develop internal regulatory processes to evaluate contingency plans.
(c) On and after January 1, 2023, a local licensing authority may require that an applicant for a retail marijuana cultivation facility license include a contingency plan with the application for the local licensing authority's review and approval.
C.R.S. § 44-10-603 Retail marijuana products manufacturer license - rules - definition
44-10-603. Retail marijuana products manufacturer license - rules - definition. (1) (a) A retail marijuana products manufacturer license may be issued to a person who manufactures retail marijuana products pursuant to the terms and conditions of this article 10.
(b) A retail marijuana products manufacturer may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility. A retail marijuana products manufacturer shall track all of its retail marijuana from the point it is either transferred from its retail marijuana cultivation facility or the point when it is delivered to the retail marijuana products manufacturer from a licensed retail marijuana cultivation facility to the point of transfer to a licensed retail marijuana store, a licensed retail marijuana products manufacturer, a retail marijuana testing facility, or a licensed retail marijuana cultivation facility with a centralized distribution permit pursuant to section 44-10-602 (7).
(c) A retail marijuana products manufacturer shall not accept any retail marijuana purchased from a retail marijuana cultivation facility unless the retail marijuana products manufacturer is provided with evidence that any applicable excise tax due pursuant to article 28.8 of title 39 was paid.
(d) A retail marijuana products manufacturer shall not:
(I) Add any marijuana to a food product where the manufacturer of the food product holds a trademark to the food product's name; except that a retail marijuana products manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and where the retail marijuana products manufacturer does not state or advertise to the consumer that the final retail marijuana product contains a trademarked food product;
(II) Intentionally or knowingly label or package a retail marijuana product in a manner that would cause a reasonable consumer confusion as to whether the retail marijuana product was a trademarked food product; or
(III) Label or package a product in a manner that violates any federal trademark law or regulation.
(e) A retail marijuana products manufacturer may sell retail marijuana and retail marijuana products to a retail marijuana hospitality and sales business.
(f) A person must be licensed as a retail marijuana products manufacturer, including paying the license and application fees, to manufacture potentially intoxicating cannabinoids or intoxicating cannabinoids from retail marijuana to be used as an ingredient or as finished retail marijuana products in accordance with this article 10.
(2) Retail marijuana products must be prepared on a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products; except that, if permitted by the local jurisdiction and subject to rules of the state licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
(a) A medical marijuana products manufacturer licensee so long as a virtual or physical separation of inventory is maintained;
(b) A commonly owned marijuana research and development licensee so long as virtual or physical separation of inventory and research activity is maintained; or
he state licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
(a) A medical marijuana products manufacturer licensee so long as a virtual or physical separation of inventory is maintained;
(b) A commonly owned marijuana research and development licensee so long as virtual or physical separation of inventory and research activity is maintained; or
(c) An accelerator manufacturer licensee if the retail marijuana products manufacturer has its premises endorsed pursuant to rule before each accelerator manufacturer licensee operates and each accelerator manufacturer licensee is approved to operate on that premises.
(3) All licensed premises on which retail marijuana products are manufactured must meet the sanitary standards for retail marijuana product preparation promulgated pursuant to section 44-10-203 (2)(i).
(4) (a) The retail marijuana product must be sealed and conspicuously labeled in compliance with this article 10 and any rules promulgated pursuant to this article 10. The labeling of retail marijuana products is a matter of statewide concern.
(b) The standard symbol requirements as promulgated pursuant to section 44-10-203 (2)(y) do not apply to a multi-serving liquid retail marijuana product, which is impracticable to mark, if the product complies with all statutory and rule packaging requirements for multi-serving edibles and complies with the following enhanced requirements to reduce the risk of accidental ingestion. A multi-serving liquid must:
(I) Be packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring measurement of each liquid serving in increments equal to or less than ten milligrams of active THC per serving, with no more than one hundred milligrams of active THC total per package; and
(II) The measurement component is within the child-resistant cap or closure of the bottle and is not a separate component.
(5) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana products manufacturer.
(6) A retail marijuana products manufacturer may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a retail marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana products manufacturer shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(7) An edible retail marijuana product may list its ingredients and compatibility with dietary practices.
(8) A licensed retail marijuana products manufacturer shall package and label each product manufactured as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(9) All retail marijuana products that require refrigeration to prevent spoilage must be stored and transported in a refrigerated environment.
(10) (a) A retail marijuana products manufacturer licensee may provide a retail marijuana product sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
arijuana product sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
(b) A sample authorized pursuant to subsection (10)(a) of this section is limited to one serving size of an edible retail marijuana product not exceeding ten milligrams of THC and its applicable equivalent serving size of nonedible retail marijuana product per batch as defined in rules promulgated by the state licensing authority and one-quarter gram of retail marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of retail marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.
(c) A sample authorized pursuant to subsection (10)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) A sample provided pursuant to subsection (10)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana products manufacturer licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(e) Prior to a manager receiving a sample pursuant to subsection (10)(a) of this section, a retail marijuana products manufacturer licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(f) A manager shall not:
(I) Receive more than a total of eight grams of retail marijuana concentrate or fourteen individual serving-size edibles or its applicable equivalent in nonedible retail marijuana products per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(g) A retail marijuana products manufacturing licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(h) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(h) on the licensed premises for inspection by the state and local licensing authorities.
means of compensation to a manager.
(h) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(h) on the licensed premises for inspection by the state and local licensing authorities.
(i) For purposes of this subsection (10) only, "manager" means an employee of the retail marijuana products manufacturer who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the retail marijuana products manufacturer.
(11) (a) A retail marijuana products manufacturer that uses a hemp product as an ingredient in a retail marijuana product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana products manufacturer shall verify that the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(b) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana products manufacturer pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings in violation of this section by a person registered pursuant to section 25-5-426.
(12) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana products manufacturer may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(13) A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator manufacturer licensee operating on its premises. A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide capital assistance to an accelerator manufacturer licensee operating on its premises.
(14) A retail marijuana products manufacturer licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
l assistance to an accelerator manufacturer licensee operating on its premises.
(14) A retail marijuana products manufacturer licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(15) (a) After obtaining passing test results required by subsection (6) of this section, a retail marijuana products manufacturer may transfer retail marijuana that has been extracted and is in a concentrated form to a co-located medical marijuana products manufacturer with at least one identical controlling beneficial owner and change the designation of the retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form. Pursuant to section 44-10-503 (12)(a), after the medical marijuana products manufacturer enters the designation change into the seed-to-sale tracking system, the product is a medical marijuana product and is the property of the medical marijuana products manufacturer. A product that changed designation pursuant to this subsection (15)(a) shall not be transferred to the originating retail marijuana products manufacturer or any retail marijuana licensee, have its designation changed from a medical marijuana product, or otherwise be treated as a retail marijuana product.
(b) A transfer and change of designation of retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form pursuant to this subsection (15) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
C.R.S. § 44-10-604 Retail marijuana testing facility license - rules
44-10-604. Retail marijuana testing facility license - rules. (1) (a) A retail marijuana testing facility license may be issued to a person who performs testing and research on retail marijuana and industrial hemp as regulated by article 61 of title 35 and hemp products as regulated by part 4 of article 5 of title 25. The facility may develop and test retail marijuana products, industrial hemp as regulated by article 61 of title 35, and hemp products as regulated by part 4 of article 5 of title 25. Prior to performing testing on industrial hemp, a facility shall verify that the person requesting the testing has received a registration from the commissioner as required by section 35-61-104. Prior to performing testing on hemp products, a facility shall verify that the person requesting the testing has received a registration as required by section 25-5-426.
(b) The testing of retail marijuana, retail marijuana products, and retail marijuana concentrate, and the associated standards, is a matter of statewide concern.
(2) The state licensing authority shall promulgate rules pursuant to its authority in section 44-10-202 (1)(c) related to acceptable testing and research practices, including but not limited to testing, standards, quality control analysis, equipment certification and calibration, and chemical identification and other substances used in bona fide research methods.
(3) A person who has an interest in a retail marijuana testing facility license from the state licensing authority for testing purposes shall not have any interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer. A person that has an interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer shall not have an interest in a facility that has a retail marijuana testing facility license.
C.R.S. § 44-10-605 Retail marijuana transporter license - definition
44-10-605. Retail marijuana transporter license - definition. (1) (a) A retail marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of retail marijuana and retail marijuana products. Notwithstanding any other provisions of law, a retail marijuana transporter license is valid for two years. A licensed retail marijuana transporter is responsible for the retail marijuana and retail marijuana products once it takes control of the product.
(b) A licensed retail marijuana transporter may contract with multiple licensed retail marijuana businesses.
(c) On and after July 1, 2017, all retail marijuana transporters shall hold a valid retail marijuana transporter license; except that an entity licensed pursuant to this article 10 that provides its own distribution is not required to have a retail marijuana transporter license to transport and distribute its products. The state licensing authority shall begin accepting applications after January 1, 2017.
(2) A retail marijuana transporter licensee may maintain a licensed premises to temporarily store retail marijuana and retail marijuana products and to use as a centralized distribution point. The licensed premises must be located in a jurisdiction that permits the operation of retail marijuana stores. A licensed retail marijuana transporter may store and distribute retail marijuana and retail marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a retail marijuana cultivation facility license.
(3) A retail marijuana transporter licensee shall use the seed-to-sale tracking system developed pursuant to section 44-10-202 (1)(a) to create shipping manifests documenting the transport of retail marijuana and retail marijuana products throughout the state.
(4) A retail marijuana transporter licensee may:
(a) Maintain and operate one or more warehouses in the state to handle retail marijuana and retail marijuana products; and
(b) Deliver retail marijuana products on orders previously taken if the place where orders are taken and delivered is licensed.
(5) (a) (I) There is authorized a retail marijuana delivery permit to a retail marijuana transporter license authorizing the permit holder to deliver retail marijuana and retail marijuana products.
(II) A retail marijuana delivery permit is valid for two years and may be renewed upon renewal of the retail marijuana transporter license.
(III) A retail marijuana delivery permit issued pursuant to this section applies to only one retail marijuana transporter; except that a single retail marijuana delivery permit may apply to multiple retail marijuana transporters provided that the retail marijuana transporters are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
il marijuana delivery permit issued pursuant to this section applies to only one retail marijuana transporter; except that a single retail marijuana delivery permit may apply to multiple retail marijuana transporters provided that the retail marijuana transporters are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a retail marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a retail marijuana transporter license issued pursuant to this article 10. A permit applicant is prohibited from delivering retail marijuana and retail marijuana products without state and local jurisdiction approval. If the applicant does not receive local jurisdiction approval within one year from the date of the state licensing authority approval, the state permit expires and may not be renewed. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued permit. The state licensing authority has discretion in determining whether an applicant is qualified to receive a retail marijuana delivery permit. A retail marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed retail marijuana transporter. A violation related to a retail marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or retail marijuana transporter license.
(b) A retail marijuana transporter licensee shall not make deliveries of retail marijuana or retail marijuana products to individuals while also transporting retail marijuana or retail marijuana products between licensed premises in the same vehicle.
(c) A licensed retail marijuana transporter with a retail marijuana delivery permit may deliver retail marijuana and retail marijuana products on behalf of a retail marijuana store only to the individual who placed the order with a retail marijuana store and who:
(I) Is twenty-one years of age or older;
(II) Receives the delivery of retail marijuana or retail marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
(d) In accordance with this subsection (5) and rules adopted to implement this subsection (5), a licensed retail marijuana transporter with a valid retail marijuana delivery permit may:
(I) Not accept orders on behalf of a retail marijuana store and may only pick up already packaged retail marijuana delivery orders from a retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule and deliver those orders to the appropriate individual;
(II) Deliver retail marijuana and retail marijuana products not in excess of the amounts established by the state licensing authority;
(III) Deliver only to an individual at the address provided in the order;
(IV) Deliver no more than once per day to the same individual or residence;
(V) (A) Deliver only to a private residence.
(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI) Deliver retail marijuana or retail marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries on behalf of, and pursuant to a contract with, a retail marijuana store that has a valid retail marijuana delivery permit from its retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
plies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries on behalf of, and pursuant to a contract with, a retail marijuana store that has a valid retail marijuana delivery permit from its retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(e) Prior to transferring possession of the order to an individual, the person delivering the order shall inspect the individual's identification and verify that the information provided at the time of the order matches the name and age on the individual's identification.
(f) Any person delivering retail marijuana or retail marijuana products for a retail marijuana transporter must possess a valid occupational license and be a current employee of the retail marijuana transporter licensee with a valid retail marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(g) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of retail marijuana and retail marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to retail marijuana delivery operations pursuant to this subsection (5).
(h) It is not a violation of any provision of state, civil, or criminal law for a licensed retail marijuana transporter licensee with a valid retail marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver retail marijuana and retail marijuana products pursuant to a retail marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(i) (I) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county, vote to allow the delivery of retail marijuana or retail marijuana products pursuant to this section.
(II) An ordinance adopted pursuant to subsection (5)(i)(I) of this section may prohibit delivery of retail marijuana and retail marijuana products from a retail marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(j) The state licensing authority shall begin issuing retail marijuana delivery permits to qualified retail marijuana transporter applicants on, but not earlier than, January 2, 2021.
C.R.S. § 44-10-606 Retail marijuana business operator license
44-10-606. Retail marijuana business operator license. A retail marijuana business operator license may be issued to a person who operates a retail marijuana business licensed pursuant to this article 10, for an owner licensed pursuant to this article 10, and who may receive a portion of the profits as compensation.
C.R.S. § 44-10-607 Retail marijuana accelerator cultivator license
44-10-607. Retail marijuana accelerator cultivator license. (1) A retail marijuana accelerator cultivator license may be issued to a social equity licensee to exercise the privileges of a retail marijuana cultivation facility licensee on the premises of an accelerator-endorsed retail marijuana cultivation facility. The retail marijuana accelerator cultivator may receive technical assistance and financial support from the retail marijuana cultivation facility licensee with an accelerator endorsement.
(2) The state licensing authority shall begin accepting applications for retail marijuana accelerator cultivator licenses on January 1, 2021.
C.R.S. § 44-10-608 Retail marijuana accelerator manufacturer license
44-10-608. Retail marijuana accelerator manufacturer license. (1) A retail marijuana accelerator manufacturer license may be issued to a social equity licensee to exercise the privileges of a retail marijuana products manufacturer licensee on the premises of an accelerator-endorsed retail marijuana products manufacturer. The retail marijuana accelerator manufacturer may receive technical assistance and financial support from the retail marijuana products manufacturer with an accelerator endorsement.
(2) The state licensing authority shall begin accepting applications for retail marijuana accelerator manufacturer licenses on January 1, 2021.
C.R.S. § 44-10-609 Marijuana hospitality business license
44-10-609. Marijuana hospitality business license. (1) (a) The state licensing authority may issue a marijuana hospitality business license authorizing the licensee to operate a licensed premises in which marijuana may be consumed pursuant to this article 10, rules promulgated pursuant to this article 10, and the provisions of the ordinance or resolution of the local jurisdiction in which the licensee operates.
(b) Subject to provisions of this article 10 and the ordinance or resolution of the local jurisdiction in which the licensee operates, a retail food business as defined in section 25-4-1602 (14) that does not hold a license or permit issued pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a marijuana hospitality business in an isolated portion of the premises of the retail food business. A retail food business operating a marijuana hospitality business pursuant to this subsection (1)(b) is subject to the terms and conditions of article 4 of title 25 and the rules promulgated pursuant to that article, including but not limited to licensure requirements and inspection and enforcement authority of the Colorado department of public health and environment. This subsection (1)(b) does not authorize the marijuana hospitality business to engage in the manufacture of medical marijuana-infused products or retail marijuana products or to add marijuana to foods produced or provided at the retail food business.
(c) If a municipality, county, city, or city and county has in effect as of January 1, 2020, an ordinance or resolution related to consumption of marijuana, nothing in this section restricts the enforcement of that ordinance or resolution, and the local jurisdiction may, by ordinance or resolution, require a business operating as a place for on-site marijuana consumption to be licensed pursuant to this section.
(d) The state licensing authority shall maintain a list of all marijuana hospitality businesses in the state and shall make the list available on its website.
(2) A marijuana hospitality business shall not:
(a) Engage in or permit the sale or exchange for remuneration of retail or medical marijuana, retail marijuana products, or medical marijuana-infused products in the licensed premises;
(b) Allow on-duty employees of the business to consume any marijuana in the licensed premises of the business;
(c) Distribute or allow distribution of free samples of marijuana in the licensed premises of the business;
(d) Allow the consumption of alcohol on the licensed premises;
(e) Allow the smoking of tobacco or tobacco products in the licensed premises of the business;
(f) Allow the use of any device using any liquid petroleum gas, a butane torch, a butane lighter, or matches in the licensed premises if prohibited by local ordinance or resolution;
(g) Allow any activity that would require an additional license under this article 10 in the licensed premises of the business, including but not limited to sales, manufacturing, or cultivation;
(h) Knowingly permit any activity or acts of disorderly conduct as described in section 18-9-106;
(i) Permit the use or consumption of marijuana by a patron who displays any visible signs of intoxication;
(j) Permit rowdiness, undue noise, or other disturbances or activity offensive to the average citizen or to the residents of the neighborhood in which the licensed premises is located; or
(k) Admit into the licensed premises of the business any person who is under twenty-one years of age.
(3) A marijuana hospitality business shall:
(a) Operate the business in a decent, orderly, and respectable manner;
(b) Require all employees of the business to have a valid responsible vendor designation, as described in section 44-10-1201;
(c) Ensure that the display and consumption of any marijuana is not visible from outside of the licensed premises of the business;
twenty-one years of age.
(3) A marijuana hospitality business shall:
(a) Operate the business in a decent, orderly, and respectable manner;
(b) Require all employees of the business to have a valid responsible vendor designation, as described in section 44-10-1201;
(c) Ensure that the display and consumption of any marijuana is not visible from outside of the licensed premises of the business;
(d) Educate consumers of marijuana by providing informational materials regarding the safe consumption of marijuana. The materials must be based on the requirements established by the marijuana educational oversight committee, established pursuant to section 24-20-112 (4), and on the relevant research from the panel of health-care professionals appointed pursuant to section 25-1.5-110. Nothing in this subsection (3)(d) prohibits a local jurisdiction from adopting additional requirements for education on safe consumption.
(e) Maintain a record of all educational materials required by subsection (3)(d) of this section in the licensed premises for inspection by state and local licensing authorities and law enforcement; and
(f) If an emergency requires law enforcement, firefighters, emergency medical service providers, or other public safety personnel to enter a marijuana hospitality business, ensure that all employees and patrons of the business cease all consumption and other activities until such personnel have completed their investigation or services and have left the licensed premises.
(4) A marijuana hospitality business and its employees may remove an individual from the business for any reason, including a patron who displays any visible signs of intoxication.
C.R.S. § 44-10-610 Retail marijuana hospitality and sales business license
44-10-610. Retail marijuana hospitality and sales business license. (1) (a) The state licensing authority may issue a retail marijuana hospitality and sales business license authorizing the licensee to operate a licensed premises in which marijuana may be sold and consumed pursuant to this article 10, rules promulgated pursuant to this article 10, and the provisions of the ordinance or resolution of the local jurisdiction in which the licensee operates.
(b) Subject to provisions of this article 10 and the ordinance or resolution of the local jurisdiction in which the licensee operates, a retail food business as defined in section 25-4-1602 (14) that does not hold a license or permit issued pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a retail marijuana hospitality and sales business in an isolated portion of the premises of the retail food business. A retail food business operating a retail marijuana hospitality and sales business pursuant to this subsection (1)(b) is subject to the terms and conditions of article 4 of title 25 and the rules promulgated pursuant to that article, including but not limited to licensure requirements and inspection and enforcement authority of the Colorado department of public health and environment. This subsection (1)(b) does not authorize the retail marijuana hospitality and sales business to engage in the manufacture of medical marijuana-infused products or retail marijuana products or to add marijuana to foods produced or provided at the retail food business.
(c) The state licensing authority shall maintain a list of all retail marijuana hospitality and sales businesses in the state and shall make the list available on its website.
(2) A retail marijuana hospitality and sales business licensee shall not:
(a) Engage in multiple sales transactions to the same patron during the same business day when the business's employee knows or reasonably should have known that the sales transaction would result in the patron possessing more than the sales limit established by the state licensing authority;
(b) Allow on-duty employees of the business to consume any marijuana in the licensed premises;
(c) Distribute or allow distribution of free samples of marijuana in the licensed premises of the business;
(d) Sell any retail marijuana or retail marijuana products that contain nicotine or, if the sale of alcohol would require a license or permit pursuant to article 3, 4, or 5 of this title 44, alcohol;
(e) Allow the consumption of alcohol on the licensed premises;
(f) Allow the smoking of tobacco or tobacco products in the licensed premises of the business;
(g) Allow the use of any device using any liquid petroleum gas, a butane torch, a butane lighter, or matches in the licensed premises if prohibited by local ordinance or resolution;
(h) Allow any activity that would require an additional license under this article 10 in the licensed premises of the business, including but not limited to manufacturing or cultivation activity;
(i) Knowingly permit any activity or acts of disorderly conduct as described in section 18-9-106;
(j) Sell, serve, or permit the sale or serving of retail marijuana or retail marijuana products to any patron who shows signs of visible intoxication;
(k) Permit rowdiness, undue noise, or other disturbances or activity offensive to the average citizen or to the residents of the neighborhood in which the licensed premises is located; or
(l) Admit into the licensed premises of a retail marijuana hospitality and sales business any person who is under twenty-one years of age.
(3) A retail marijuana hospitality and sales business licensee shall:
(a) Track all of its retail marijuana and retail marijuana products from the point that they are transferred from a retail marijuana store, retail marijuana products manufacturer, or retail marijuana cultivation facility to the point of sale to its patrons;
ty and sales business any person who is under twenty-one years of age.
(3) A retail marijuana hospitality and sales business licensee shall:
(a) Track all of its retail marijuana and retail marijuana products from the point that they are transferred from a retail marijuana store, retail marijuana products manufacturer, or retail marijuana cultivation facility to the point of sale to its patrons;
(b) Limit a patron to one transaction of no more than the sales limit set by the state licensing authority by rule pursuant to section 44-10-203 (2)(ff)(II);
(c) Before allowing a patron to leave the licensed premises with any retail marijuana or retail marijuana products, package and label the retail marijuana or retail marijuana products in accordance with procedures developed by the business that comply with the requirements of section 44-10-203 (2)(f) and (3)(b);
(d) Operate the business in a decent, orderly, and respectable manner;
(e) Require all employees of the business to have a valid responsible vendor designation, as described in section 44-10-1201;
(f) Ensure that the display and consumption of any retail marijuana or retail marijuana product is not visible from outside of the business;
(g) Educate consumers of marijuana by providing informational materials regarding the safe consumption of marijuana. The materials must be based on the requirements established by the marijuana educational oversight committee, established pursuant to section 24-20-112 (4), and on the relevant research from the panel of health-care professionals appointed pursuant to section 25-1.5-110. Nothing in this subsection (3)(g) prohibits a local jurisdiction from adopting additional requirements for education on safe consumption.
(h) Maintaining a record of all educational materials required by subsection (3)(g) of this section in the licensed premises for inspection by state and local licensing authorities and law enforcement; and
(i) If an emergency requires law enforcement, firefighters, emergency medical service providers, or other public safety personnel to enter a retail marijuana hospitality and sales business, ensure that all employees and patrons of the business cease all sales, consumption, and other activities until such personnel have completed their investigation or services and have left the licensed premises.
(4) A retail marijuana hospitality and sales business and its employees may remove an individual from the business for any reason, including a patron who displays any visible signs of intoxication.
(5) A retail marijuana hospitality and sales business may purchase retail marijuana or retail marijuana products from any retail marijuana store, retail marijuana cultivation facility, or retail marijuana products manufacturer.
C.R.S. § 44-10-611 Retail marijuana accelerator store license
44-10-611. Retail marijuana accelerator store license. (1) A retail marijuana accelerator store license may be issued to a social equity licensee to exercise the privileges of a retail marijuana store licensee on the premises of an accelerator-endorsed retail marijuana store. The retail marijuana accelerator store may receive technical assistance and financial support from the retail marijuana store with an accelerator endorsement.
(2) The state licensing authority shall begin accepting applications for retail marijuana accelerator store licenses on January 1, 2021.
C.R.S. § 44-10-701 Unlawful acts - exceptions
44-10-701. Unlawful acts - exceptions. (1) Except as otherwise provided in this article 10, it is unlawful for a person:
(a) Except in the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610:
(I) To consume regulated marijuana or regulated marijuana products in a licensed medical marijuana business or retail marijuana business; or
(II) For a medical marijuana business or retail marijuana business to allow regulated marijuana or regulated marijuana products to be consumed upon its licensed premises;
(b) With knowledge, to permit or fail to prevent the use of his or her medical marijuana patient registry identification by any other person for the unlawful purchasing of medical marijuana.
(2) It is unlawful for a person to:
(a) Buy, sell, transfer, give away, or acquire regulated marijuana or regulated marijuana products except as allowed pursuant to this article 10 or section 14 or section 16 of article XVIII of the state constitution;
(b) Have a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license pursuant to this article 10 that was not disclosed in accordance with section 44-10-309; except that this subsection (2)(b) does not apply to banks or savings and loan associations supervised and regulated by an agency of the state or federal government, or to FHA-approved mortgagees, or to stockholders, directors, or officers thereof;
(c) Exercise any privilege of a license issued pursuant to this article 10 that the person does not hold;
(d) Exercise any privilege associated with holding a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed in accordance with section 44-10-309; or
(e) Engage in transfer of ownership without prior approval as required by this article 10, including but not limited to:
(I) A proposed transferee operating a medical marijuana business or retail marijuana business before a transfer of ownership request for that business is approved in writing by the state licensing authority; or
(II) A current controlling beneficial owner, passive beneficial owner, or proposed transferor failing to retain full responsibility for a medical marijuana business or retail marijuana business identified in the transfer of ownership application until the transfer request is approved in writing by the state licensing authority.
(3) It is unlawful for a person licensed pursuant to this article 10:
(a) To fail to report a transfer required by section 44-10-313 (11);
(b) To knowingly adulterate or alter, or to attempt to adulterate or alter, any samples of regulated marijuana or regulated marijuana products for the purpose of circumventing contaminant testing detection limits or potency testing requirements;
(c) To use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors;
(d) To provide public premises, or any portion thereof, for the purpose of consumption of regulated marijuana in any form, except in the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610;
(e) To have in possession or upon the licensed premises any regulated marijuana, the sale of which is not permitted by the license, except if it is for purposes of recycling;
(f) To have on the licensed premises any regulated marijuana or marijuana paraphernalia that shows evidence of the regulated marijuana having been consumed or partially consumed, except:
(I) If it is for purposes of recycling; or
(II) In the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610;
remises any regulated marijuana or marijuana paraphernalia that shows evidence of the regulated marijuana having been consumed or partially consumed, except:
(I) If it is for purposes of recycling; or
(II) In the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610;
(g) To violate the provisions of section 6-2-103 or 6-2-105;
(h) To abandon a licensed premises or otherwise cease operation without notifying the state and local licensing authorities at least forty-eight hours in advance and without accounting for and forfeiting to the state licensing authority for destruction all regulated marijuana or regulated marijuana products;
(i) To offer for sale or solicit an order for regulated marijuana in person except within the licensed premises;
(j) To buy regulated marijuana from a person not licensed to sell as provided by this article 10;
(k) To sell regulated marijuana except in the permanent location specifically designated in the license for sale; or
(l) To burn or otherwise destroy regulated marijuana or any substance containing regulated marijuana for the purpose of evading an investigation or preventing seizure.
(4) It is unlawful for any person licensed to sell medical marijuana pursuant to this article 10:
(a) (I) To sell medical marijuana to a person not licensed pursuant to this article 10 or to a person not able to produce a valid patient registry identification card, unless the person has a copy of a current and complete new application for the medical marijuana registry administered by the department of public health and environment that is documented by a certified mail return receipt as having been submitted to the department of public health and environment within the preceding thirty-five days and the employee assisting the person has contacted the department of public health and environment and, as a result, determined the person's application has not been denied. Notwithstanding any provision in this subsection (4)(a)(I) to the contrary, a person under twenty-one years of age shall not be employed to sell or dispense medical marijuana at a medical marijuana store or grow or cultivate medical marijuana at a medical marijuana cultivation facility.
(II) If a licensee or a licensee's employee has reasonable cause to believe that a person is exhibiting a fraudulent patient registry identification card in an attempt to obtain medical marijuana, the licensee or employee is authorized to confiscate the fraudulent patient registry identification card, if possible, and shall, within seventy-two hours after the confiscation, turn it over to the state health department or local law enforcement agency. The failure to confiscate the fraudulent patient registry identification card or to turn it over to the state health department or a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense.
(b) To require a medical marijuana store or medical marijuana store with a medical marijuana cultivation facility license to make delivery to any premises other than the specific licensed premises where the medical marijuana is to be sold.
(5) It is unlawful for any person licensed to sell retail marijuana or retail marijuana products pursuant to this article 10:
(a) To sell or permit the sale of retail marijuana or retail marijuana products to a person under twenty-one years of age; or
cultivation facility license to make delivery to any premises other than the specific licensed premises where the medical marijuana is to be sold.
(5) It is unlawful for any person licensed to sell retail marijuana or retail marijuana products pursuant to this article 10:
(a) To sell or permit the sale of retail marijuana or retail marijuana products to a person under twenty-one years of age; or
(b) To distribute marijuana or marijuana products, with or without remuneration, directly to another person using a mobile distribution store.
(6) It shall be unlawful for a physician who makes patient referrals to a licensed medical marijuana store to receive anything of value from the medical marijuana store licensee or its agents, servants, officers, or owners or anyone financially interested in the licensee, and it shall be unlawful for a licensee licensed pursuant to this article 10 to offer anything of value to a physician for making patient referrals to the licensed medical marijuana store.
(7) A peace officer or a law enforcement agency shall not use any patient information to make traffic stops pursuant to section 42-4-1302.
(8) (a) It is unlawful for a person to engage in any act or omission with the intent to evade disclosure, reporting, record keeping, or suitability requirements pursuant to this article 10, including but not limited to the following:
(I) Failing to file a report required under this article 10 or causing or attempting to cause a person to fail to file such a report;
(II) Filing or causing or attempting to cause a person to file a report required under this article 10 that contains a material omission or misstatement of fact;
(III) Making false or misleading statements regarding the offering of an owner's interest in a medical marijuana business or retail marijuana business; or
(IV) Structuring any transaction with the intent to evade disclosure, reporting, record keeping, or suitability requirements pursuant to this article 10.
(b) The state licensing authority may deny, suspend, revoke, fine, or impose other sanctions against a person's license issued under this article 10 if the state licensing authority finds a violation of this subsection (8) by the person, the person's controlling beneficial owner, passive beneficial owner, indirect financial interest holder, or any agent or employee thereof.
(9) A person who commits any acts that are unlawful pursuant to this article 10 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For violations that would also constitute a violation of title 18, the violation shall be charged and prosecuted pursuant to title 18.
C.R.S. § 44-10-702 Unlawful open and public consumption
44-10-702. Unlawful open and public consumption. (1) The open and public, as defined in section 18-18-102 (20.3), consumption of marijuana is prohibited.
(2) The governing body of a county, city, city and county, or municipality may adopt an ordinance or resolution authorizing marijuana consumption locations or circumstances that are exceptions to the prohibition described in subsection (1) of this section if the locations are not accessible to the public or a substantial number of the public without restriction, including but not limited to restrictions on the age of the members of the public who are allowed access to such location.
(3) The prohibition in subsection (1) of this section does not apply to any business licensed pursuant to this article 10 that permits consumption on its premises if the business is operating within the conditions of licensure.
C.R.S. § 44-10-801 Marijuana cash fund - transfer
44-10-801. Marijuana cash fund - transfer. (1) (a) All money collected by the state licensing authority pursuant to this article 10 must be transmitted to the state treasurer, who shall credit the same to the marijuana cash fund, which fund is hereby created and referred to in this section as the "fund". The fund consists of:
(I) The money collected by the state licensing authority; and
(II) Any additional general fund money appropriated or transferred to the fund that is necessary for the operation of the state licensing authority.
(b) Money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article 10 and article 28.8 of title 39.
(c) Any money in the fund not expended for these purposes may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.
(d) and (e) Repealed.
(2) The executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).
(3) (a) The state licensing authority shall establish fees for processing the following types of applications, licenses, notices, or reports required to be submitted to the state licensing authority:
(I) Applications for licenses listed in section 44-10-401 and rules promulgated pursuant to that section;
(II) Applications to change location pursuant to section 44-10-313 (13) and rules promulgated pursuant to that section;
(III) Applications for transfer of ownership pursuant to section 44-10-312 and rules promulgated pursuant to that section;
(IV) License renewal and expired license renewal applications pursuant to section 44-10-314; and
(V) Licenses as listed in section 44-10-401.
(b) The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3).
(c) The state licensing authority may charge applicants licensed under this article 10 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.
s article 10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3).
(c) The state licensing authority may charge applicants licensed under this article 10 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.
(d) At least annually, the state licensing authority shall review the amounts of the fees and, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority.
(4) Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there must be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.
(5) The subpoena fee established pursuant to subsection (4) of this section is not applicable to any federal, state, or local governmental agency.
(6) Repealed.
C.R.S. § 44-10-802 Fees - allocation
44-10-802. Fees - allocation. (1) Except as otherwise provided, all fees and fines provided for by this article 10 shall be paid to the department, which shall transmit the fees to the state treasurer. The state treasurer shall credit the fees to the marijuana cash fund created in section 44-10-801.
(2) The expenditures of the state licensing authority are paid out of appropriations from the marijuana cash fund created in section 44-10-801.
C.R.S. § 44-10-803 Fees
44-10-803. Fees. (1) The state licensing authority may charge and collect fees pursuant to this article 10. For a person licensed to cultivate or sell medical marijuana or to manufacture medical marijuana products on or before December 10, 2012, the application fee for a retail marijuana business is five hundred dollars. The state licensing authority shall transfer two hundred fifty dollars of the fee to the marijuana cash fund and submit two hundred fifty dollars to the local jurisdiction in which the license is proposed to be issued.
(2) (a) Except as provided in subsection (1) of this section, the state licensing authority shall not set the initial application fee for a retail marijuana business to exceed five thousand dollars. The state licensing authority shall set the application fee for a retail marijuana business to offset the direct and indirect costs of regulating retail marijuana businesses. The state licensing authority shall transfer half of the fee to the marijuana cash fund and remit half of the fee to the local jurisdiction where the license is proposed to be issued. If the state licensing authority changes the application fee amount, the state licensing authority shall confer with the local jurisdictions and the fee must be split evenly between the marijuana cash fund and the local jurisdiction where a license is proposed to be issued.
(b) The state licensing authority may annually adjust for inflation or deflation the limit, established in subsection (2)(a) of this section, on the application fee for a retail marijuana business. The state licensing authority may round the adjusted amount upward or downward to the nearest dollar. Inflation or deflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.
(3) A local jurisdiction in which a license under this article 10 may be permitted may adopt and impose operating fees in an amount determined by the local jurisdiction on marijuana businesses and establishments located within the local jurisdiction.
C.R.S. § 44-10-901 Suspension - revocation - fines
44-10-901. Suspension - revocation - fines. (1) In addition to any other sanctions prescribed by this article 10 or rules promulgated pursuant to this article 10, the state licensing authority or local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee must be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license issued by the authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this article 10, or any of the rules promulgated pursuant to this article 10, or of any of the terms, conditions, or provisions of the license issued by the state or local licensing authority. The state or local licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state or local licensing authority is authorized to conduct.
(2) The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (1) of this section, by mailing the same in writing to the licensee at the address contained in the license and, if different, at the last address furnished to the authority by the licensee. Except in the case of a summary suspension, a suspension is not for a period longer than six months. If a license is suspended or revoked, a part of the fees paid therefor are not returned to the licensee. Any license, registration, or permit may be summarily suspended by the issuing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of section 24-4-104 (4). Nothing in this section prevents the summary suspension of a license pursuant to section 24-4-104 (4). Each patient registered with a medical marijuana store that has had its license summarily suspended may immediately transfer his or her primary store to another licensed medical marijuana store.
(3) (a) Whenever a decision of the state or local licensing authority suspending a license for fourteen days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the state or local licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it deems desirable and may, in its sole discretion, grant the petition if the state or local licensing authority is satisfied that:
(I) The public welfare would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;
(II) The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and
(III) The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit.
(b) The fine accepted must be not less than five hundred dollars nor more than one hundred thousand dollars.
able accuracy; and
(III) The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit.
(b) The fine accepted must be not less than five hundred dollars nor more than one hundred thousand dollars.
(c) Payment of a fine pursuant to the provisions of this subsection (3) must be in the form of cash or in the form of a certified check or cashier's check made payable to the state or local licensing authority, whichever is appropriate.
(4) Upon payment of the fine pursuant to subsection (3) of this section, the state licensing authority shall enter its further order permanently staying the imposition of the suspension. Fines paid to the state licensing authority pursuant to subsection (3) of this section are transmitted to the state treasurer, who shall credit the same to the general fund.
(5) In connection with a petition pursuant to subsection (3) of this section, the authority of the state or local licensing authority is limited to the granting of such stays as are necessary for the authority to complete its investigation and make its findings and, if the authority makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.
(6) If the state or local licensing authority does not make the findings required in subsection (3)(a) of this section and does not order the suspension permanently stayed, the suspension goes into effect on the operative date finally set by the state or local licensing authority.
(7) Each local licensing authority shall report all actions taken to impose fines, suspensions, and revocations to the state licensing authority in a manner required by the state licensing authority. No later than January 15 of each year, the state licensing authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by the state licensing authority. The state licensing authority shall file one copy of the report with the chief clerk of the house of representatives, one copy with the secretary of the senate, and six copies in the joint legislative library.
C.R.S. § 44-10-902 Disposition of unauthorized marijuana or marijuana products and related materials - rules
44-10-902. Disposition of unauthorized marijuana or marijuana products and related materials - rules. (1) The provisions of this section apply in addition to any criminal, civil, or administrative penalties and in addition to any other penalties prescribed by this article 10 or any rules promulgated pursuant to this article 10. Any provisions in this article 10 related to law enforcement are considered a cumulative right of the people in the enforcement of the criminal laws.
(2) Every licensee licensed under this article 10 is deemed, by virtue of applying for, holding, or renewing such person's license, to have expressly consented to the procedures set forth in this section.
(3) A state or local agency is not required to cultivate or care for any regulated marijuana or regulated marijuana product belonging to or seized from a licensee. A state or local agency is not authorized to sell marijuana, regulated or otherwise.
(4) If the state or local licensing authority issues a final agency order imposing a disciplinary action against a licensee pursuant to section 44-10-901, then, in addition to any other remedies, the licensing authority's final agency order may specify that some or all of the licensee's marijuana or marijuana product is not regulated marijuana or a regulated marijuana product and is an illegal controlled substance. The order may further specify that the licensee loses any interest in any of the marijuana or marijuana product even if the marijuana or marijuana product previously qualified as regulated marijuana or a regulated marijuana product. The final agency order may direct the destruction of any such marijuana and marijuana products, except as provided in subsections (5) and (6) of this section. The authorized destruction may include the incidental destruction of any containers, equipment, supplies, and other property associated with the marijuana or marijuana product.
(5) Following the issuance of a final agency order by the state or local licensing authority against a licensee and ordering destruction authorized by subsection (4) of this section, a licensee has fifteen days within which to file a petition for stay of agency action with the district court. The action must be filed in the city and county of Denver, which is deemed to be the residence of the state licensing authority for purposes of this section. The licensee shall serve the petition in accordance with the Colorado rules of civil procedure. The district court shall promptly rule upon the petition and determine whether the licensee has a substantial likelihood of success on judicial review so as to warrant delay of the destruction authorized by subsection (4) of this section or whether other circumstances, including but not limited to the need for preservation of evidence, warrant delay of such destruction. If destruction is so delayed pursuant to judicial order, the court shall issue an order setting forth terms and conditions pursuant to which the licensee may maintain the regulated marijuana and regulated marijuana product pending judicial review and prohibiting the licensee from using or distributing the regulated marijuana or regulated marijuana product pending the review. The licensing authority shall not carry out the destruction authorized by subsection (4) of this section until fifteen days have passed without the filing of a petition for stay of agency action or until the court has issued an order denying stay of agency action pursuant to this subsection (5).
e from using or distributing the regulated marijuana or regulated marijuana product pending the review. The licensing authority shall not carry out the destruction authorized by subsection (4) of this section until fifteen days have passed without the filing of a petition for stay of agency action or until the court has issued an order denying stay of agency action pursuant to this subsection (5).
(6) A district attorney shall notify the state licensing authority if it begins investigating a medical marijuana business or retail marijuana business. If the state licensing authority has received notification from a district attorney that an investigation is being conducted, the state licensing authority shall not destroy any marijuana or marijuana products from the medical marijuana business or retail marijuana business until the destruction is approved by the district attorney.
(7) The state licensing authority shall promulgate rules governing the implementation of this section.
C.R.S. § 44-10-1001 Inspection procedures
44-10-1001. Inspection procedures. (1) Each licensee shall keep a complete set of all records necessary to show fully the business transactions of the licensee, all of which are open at all times during business hours for the inspection and examination by the state licensing authority or its duly authorized representatives. The state licensing authority may require any licensee to furnish such information as it considers necessary for the proper administration of this article 10 and may require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the state licensing authority who shall likewise have access to all books and records of the licensee, and the expense thereof must be paid by the licensee.
(2) The licensed premises, including any places of storage where regulated marijuana or regulated marijuana products are stored, cultivated, sold, dispensed, or tested are subject to inspection by the state or local licensing authority, or local jurisdictions and their investigators, during all business hours and other times of apparent activity, for the purpose of inspection or investigation. Access is required during business hours for examination of any inventory or books and records required to be kept by the licensees. When any part of the licensed premises consists of a locked area, upon demand to the licensee, such area must be made available for inspection without delay, and, upon request by authorized representatives of the state or local jurisdiction, the licensee shall open the area for inspection.
(3) Each licensee shall retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the three immediately prior tax years.
C.R.S. § 44-10-1101 Judicial review
44-10-1101. Judicial review. Decisions by the state licensing authority are subject to judicial review pursuant to section 24-4-106.
C.R.S. § 44-10-1201 Responsible vendor program - standards - designation
44-10-1201. Responsible vendor program - standards - designation. (1) A person who wants to offer a responsible medical or retail marijuana vendor server and seller training program must submit an application to the state licensing authority for approval, which program is referred to in this part 12 as an "approved training program". The state licensing authority, in consultation with the department of public health and environment, shall approve the submitted program if the submitted program meets the minimum criteria described in subsection (2) of this section. The department of public health and environment shall review each submitted program and shall provide the state licensing authority with the department's analysis of whether the portions of the program related to the department's oversight meet the minimum criteria described in this section.
(2) An approved training program must contain, at a minimum, the following standards and be taught in a classroom setting in a minimum of a two-hour period:
(a) Program standards that specify, at a minimum, who must attend, the time frame for new staff to attend, recertification requirements, record keeping, testing and assessment protocols, and effectiveness evaluations; and
(b) A core curriculum of pertinent statutory and regulatory provisions, which curriculum includes but need not be limited to:
(I) Information on required licenses, age requirements, patient registry cards issued by the department of public health and environment, maintenance of records, privacy issues, and unlawful acts;
(II) Administrative and criminal liability and license and court sanctions;
(III) Statutory and regulatory requirements for employees and owners;
(III.5) Statutory and regulatory requirements related to marijuana delivery;
(IV) Acceptable forms of identification, including patient registry cards and associated documents and procedures;
(V) Local and state licensing and enforcement, which may include but need not be limited to key statutes and rules affecting patients, owners, managers, and employees; and
(VI) Information on serving size, THC and cannabinoid potency, and impairment.
(3) When promulgating program standards pursuant to subsection (2) of this section, the state licensing authority shall consider input from other state agencies, local jurisdictions, the medical and retail marijuana industry, and any other state or national seller server program.
(4) A provider of an approved training program shall maintain its training records at its principal place of business during the applicable year and for the preceding three years, and the provider shall make the records available for inspection by the licensing authority during normal business hours.
C.R.S. § 44-10-1202 Responsible vendor - designation
44-10-1202. Responsible vendor - designation. (1) (a) A person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 may receive a responsible vendor designation. A program vendor shall provide a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 a responsible vendor designation after the person, employee, manager, or controlling beneficial owner successfully completes the approved training program. A responsible vendor designation is valid for two years from the date of issuance. In order to maintain a responsible vendor designation, a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 shall successfully complete an approved training program every two years. If an employee or manager with a responsible vendor designation leaves the employment of a licensed medical marijuana business or retail marijuana business and is employed by another licensed medical marijuana business or retail marijuana business, the employee or manager does not have to receive a new responsible vendor designation until the employee's or manager's current responsible vendor designation expires.
(b) Successful completion of an approved training program is achieved when the person or the employee, manager, or controlling beneficial owner licensed pursuant to this article 10 satisfactorily completes the approved training program.
(c) If all controlling beneficial owners with day-to-day operational control of the licensed premises, all management personnel with responsibility for sales or the training of employees who engage in sales or other consumer interactions, and all employee licensees involved in the handling and sale of regulated marijuana of a medical marijuana business or a retail marijuana business licensed pursuant to this article 10 have a valid responsible vendor designation, the business is considered to have a responsible vendor designation. When a licensed medical marijuana business or retail marijuana business is considered to have a responsible vendor designation and it hires a new employee or manager or has a new controlling beneficial owner that meets the requirements of this subsection (1)(c), the new employee, manager, or controlling beneficial owner must have a valid responsible vendor designation or must successfully complete an approved training program within ninety days after being employed or becoming an owner in order for the medical marijuana business or retail marijuana business to maintain its responsible vendor designation. If a new employee, manager, or controlling beneficial owner has a valid responsible vendor designation upon hire or becoming an owner, the licensed medical marijuana business or retail marijuana business shall verify the designation within ninety days after employment begins.
(2) (a) A licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation shall maintain information on all persons licensed pursuant to this article 10 who are in its employment and who have been trained in an approved training program. The information includes the date of the training program and the approved training program provider and a list of all licensed persons attending each specific training class, which class includes a training examination or assessment that demonstrates proficiency.
n all persons licensed pursuant to this article 10 who are in its employment and who have been trained in an approved training program. The information includes the date of the training program and the approved training program provider and a list of all licensed persons attending each specific training class, which class includes a training examination or assessment that demonstrates proficiency.
(b) An employee, manager, or controlling beneficial owner with a valid responsible vendor designation shall maintain information related to the designation, including the date of the training program and the approved training program provider.
(3) If a local or state licensing authority initiates an administrative action against an employee, manager, or controlling beneficial owner who has complied with the requirements of this section and has been designated a responsible vendor or a licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation, the licensing authority shall consider the designation as a mitigating factor when imposing sanctions or penalties on the employee, manager, or controlling beneficial owner or licensed medical marijuana business or retail marijuana business.
C.R.S. § 44-10-1301 Severability
44-10-1301. Severability. If any provision of this article 10 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article 10 are valid, unless it appears to the court that the valid provisions of the statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the legislature would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
C.R.S. § 44-10-1401 Sunset review - repeal of article
44-10-1401. Sunset review - repeal of article. (1) This article 10 is repealed, effective September 1, 2028.
(2) Prior to the repeal of this article 10, the department of regulatory agencies shall conduct a sunset review as described in section 24-34-104 (5).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-44.docxFetched: 10/6/2026