Colorado 2023 Regular Session

Colorado House Bill HB1020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 23-0029.01 Jacob Baus x2173
8	8		HOUSE BILL 23-1020
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor
11	11		Finance
12	12		Appropriations
13	13		A BILL FOR AN ACT
14	14		C
15	15		ONCERNING SOCIAL EQUITY LICENSES IN THE REGULATED101
16	16		MARIJUANA
17	17		BUSINESS, AND, IN CONNECTION THEREWITH,102
18	18		MAKING AN APPROPRIATION .103
19	19		Bill Summary
20	20		(Note: This summary applies to this bill as introduced and does
21	21		not reflect any amendments that may be subsequently adopted. If this bill
22	22		passes third reading in the house of introduction, a bill summary that
23	23		applies to the reengrossed version of this bill will be available at
24	24		http://leg.colorado.gov
25	25		.)
26	26		The bill creates an accelerator hospitality business license,
27	27		accelerator transporter license, and accelerator retail deliverer permittee
28	28		for social equity licensees qualified to participate in the accelerator
29	29		program.
30	30		The bill requires the department of revenue to provide an annual
31	31		HOUSE
32		-	3rd Reading Unamended
33		-	May 3, 2023
34		-	HOUSE
35	32		Amended 2nd Reading
36	33		May 2, 2023
37	34		HOUSE SPONSORSHIP
38		-	Ricks and English, Bacon, Epps, Garcia, Gonzales-Gutierrez, Herod, Mabrey, Snyder,
39		-	Velasco
	35	+	Ricks and English,
40	36		SENATE SPONSORSHIP
41		-	~~Fields~~,
	37	+	(None),
42	38		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	39		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44	40		Dashes through the words or numbers indicate deletions from existing law. report to the finance committees of the house of representatives and the
45	41		senate concerning active social equity licenses, any recommendations for
46	42		new social equity licenses and permits, and any recommendations for new
47	43		or innovating funding sources for the social equity licensees or
48	44		permittees.
49	45		Effective January 2, 2024, the bill amends the eligibility
50	46		requirements for a person to qualify as a social equity licensee. The bill
51	47		clarifies that the new eligibility requirements only apply to social equity
52	48		licensee applications received on or after January 2, 2024, or to the
53	49		reinstatement or reactivation of social equity licenses originally issued
54	50		before January 2, 2024. The new eligibility requirements do not apply to
55	51		the renewal of social equity licenses applied for or issued before January
56	52		2, 2024.
57	53		The bill authorizes a social equity licensee who satisfies the
58	54		eligibility requirements effective January 2, 2024, with a retail marijuana
59	55		transporter licensee and a retail marijuana delivery permit or an
60	56		accelerator retail deliverer permit, to exercise the privileges of a retail
61	57		marijuana store license without needing to obtain a retail marijuana store
62	58		license or accelerator store license.
63	59		The bill requires the department of revenue to create incentives for
64	60		social equity licensees and accelerator-endorsed licensees, including
65	61		reducing or waiving fees.
66	62		The bill creates, in the office of economic development, a grant
67	63		committee that is responsible for reviewing grant applications, selecting
68	64		grant recipients, and determining grant awards that are issued pursuant to
69	65		an existing grant program for supporting entrepreneurs in the marijuana
70	66		industry.
71	67		Be it enacted by the General Assembly of the State of Colorado:1
72	68		SECTION 1. In Colorado Revised Statutes, 44-10-103, amend2
73	69		(2), and (58); and add (1.3), (1.7), (4.7), and (18.5) as follows:3
74	70		44-10-103. Rules - definitions. As used in this article 10, unless4
75	71		the context otherwise requires:5
76	72		(1.3) "ACCELERATOR HOSPITALITY BUSINESS" MEANS A SOCIAL6
77	73		EQUITY LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR7
78	74		PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED8
79	75		PURSUANT TO RULE TO EXERCISE THE PRIVILEGES OF A MARIJUANA9
80	76		HOSPITALITY BUSINESS ON THE PREMISES OF AN ACCELERATOR-ENDORSED10
81	77		1020-2- MARIJUANA HOSPITALITY BUSINESS LICENSEE .1
82	78		(1.7) "ACCELERATOR INDEPENDENT DELIVERER" MEANS A SOCIAL2
83	79		EQUITY LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR3
84	80		PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED4
85	81		PURSUANT TO RULE TO EXERCISE THE PRIVILEGES OF AN INDEPENDENT5
86	82		DELIVERER.6
87	83		(2) "Accelerator-endorsed licensee" means a retail marijuana7
88	84		cultivation facility licensee, retail marijuana products manufacturer8
89	85		licensee, or retail marijuana store, who, MARIJUANA HOSPITALITY9
90	86		BUSINESS LICENSEE, RETAIL MARIJUANA TRANSPORTER LICENSEE, OR10
91	87		INDEPENDENT DELIVERER LICENSEE THAT has, pursuant to rule, been11
92	88		endorsed to host and offer technical and capital support to a social equity12
93	89		licensee pursuant to the requirements of the accelerator program13
94	90		established pursuant to this article 10.14
95	91		(4.7) "ACCELERATOR TRANSPORTER" MEANS A SOCIAL EQUITY15
96	92		LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR PROGRAM16
97	93		ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED PURSUANT17
98	94		TO RULE TO EXERCISE THE PRIVILEGES OF THE ACCELERATOR-ENDORSED18
99	95		RETAIL MARIJUANA TRANSPORTER LICENSEE .19
100	96		(18.5) "INDEPENDENT DELIVERER" MEANS A PERSON LICENSED TO20
101	97		DELIVER AND SELL RETAIL MARIJUANA AND RETAIL MARIJUANA PR ODUCTS21
102	98		TO CONSUMERS AT THE CONSUMER'S PRIVATE RESIDENCE PURSUANT TO22
103	99		THIS ARTICLE 10; RULES PROMULGATED PURSUANT TO THIS ARTICLE 10;23
104	100		AND THE PROVISIONS OF AN ENACTED, INITIATED, OR REFERRED24
105	101		ORDINANCE OR RESOLUTION OF THE LOCAL JURISDICTION IN WHICH THE25
106	102		LICENSEE OPERATES.26
107	103		(58) "Retail marijuana business" means a retail marijuana store,27
108	104		1020
109	105		-3- a retail marijuana cultivation facility, a retail marijuana products1
110	106		manufacturer, a marijuana hospitality business, a retail marijuana2
111	107		hospitality and sales business, a retail marijuana testing facility, a retail3
112	108		marijuana business operator, or a retail marijuana transporter, OR AN4
113	109		INDEPENDENT DELIVERER licensed pursuant to this article 10.5
114	110		SECTION 2. In Colorado Revised Statutes, 44-10-104, amend6
115	111		(2)(a) as follows:7
116	112		44-10-104. Applicability - medical marijuana - retail8
117	113		marijuana. (2) (a) A person applying for licensure pursuant to this9
118	114		article 10 must complete forms as provided by the state licensing10
119	115		authority and must pay the application fee and the licensing fee, which11
120	116		must be credited to the marijuana cash fund established pursuant to12
121	117		section 44-10-801. The state licensing authority shall forward, within13
122	118		seven days, one-half of the retail marijuana business license application14
123	119		fee to the local jurisdiction unless the application is for an accelerator15
124	120		cultivator, accelerator manufacturer, or accelerator store, ACCELERATOR16
125	121		HOSPITALITY BUSINESS, ACCELERATOR TRANSPORTER, OR ACCELERATOR17
126	122		INDEPENDENT DELIVERER license, or unless the local jurisdiction has18
127	123		prohibited the operation of retail marijuana businesses pursuant to section19
128	124		16 (5)(f) of article XVIII of the state constitution. If the license is denied,20
129	125		the state licensing authority shall refund the licensing fee to the applicant.21
130	126		SECTION 3. In Colorado Revised Statutes, 44-10-203, amend22
131	127		(2)(aa), (2)(dd) introductory portion, and (2)(dd)(II); and add (1)(j.3) and23
132	128		(2)(kk) as follows:24
133	129		44-10-203. State licensing authority - rules. (1) Permissive25
134	130		rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c)26
135	131		may include but need not be limited to the following subjects:27
136	132		1020
137	133		-4- (j.3) THE DOCUMENTATION NECESSARY TO BE PROVIDED BY A1
138	134		PERSON APPLYING FOR A SOCIAL EQUITY LICENSE AND REQUIREMENTS2
139	135		DEEMED NECESSARY BY THE STATE LICENSING AUTHORITY TO VERIFY THE3
140	136		DOCUMENTATION.4
141	137		(2) Mandatory rule-making. Rules promulgated pursuant to5
142	138		section 44-10-202 (1)(c) must include but need not be limited to the6
143	139		following subjects:7
144	140		(aa) The implementation of an accelerator program including but8
145	141		not limited to rules to establish requirements for social equity licensees9
146	142		operating on the same licensed premises or on separate premises10
147	143		possessed by an accelerator-endorsed licensee. THE STATE LICENSING11
148	144		AUTHORITY'S RULES MUST INCLUDE THE ABILITY FOR AN12
149	145		ACCELERATOR-ENDORSED LICENSEE TO HOST AND OFFER TECHNICAL AND13
150	146		CAPITAL SUPPORT TO MORE THAN ONE SOCIAL EQUITY LICENSEE OF THE14
151	147		SAME LICENSE TYPE. The state licensing authority's rules establishing an15
152	148		accelerator program may include requirements for severed custodianship16
153	149		of regulated marijuana products, protections of the intellectual property17
154	150		of a social equity licensee, incentives for accelerator-endorsed licensees,18
155	151		and additional requirements if a person applying for an accelerator19
156	152		endorsement has less than two years' experience operating a licensed20
157	153		facility pursuant to this article 10. An accelerator-endorsed licensee is not21
158	154		required to exercise the privileges of its license on the premises where a22
159	155		social equity licensee operates. THE STATE LICENSING AUTHORITY'S RULES23
160	156		MAY ALLOW FOR A SOCIAL EQUITY LICENSEE APPLICANT TO ATTEST THAT24
161	157		THE PERSON SATISFIES THE ELIGIBILITY CRITERIA PURSUANT TO SECTION25
162	158		44-10-308 (5). The state licensing authority's implementation of an26
163	159		accelerator program is extended from July 1, 2020, to January 1, 2021.27
164	160		1020
165	161		-5- (dd) Requirements for medical marijuana and medical marijuana1
166	162		products delivery as described in section 44-10-501 (11) and section2
167	163		44-10-505 (5) and retail marijuana and retail marijuana products delivery3
168	164		as described in section 44-10-601 (13), and section 44-10-605 (5), AND4
169	165		SECTION 44-10-613, including:5
170	166		(II) Training requirements for personnel of medical marijuana6
171	167		stores, retail marijuana stores, medical marijuana transporters, and retail7
172	168		marijuana transporters that hold a medical marijuana or retail marijuana8
173	169		delivery permit, AND INDEPENDENT DELIVERERS, who will deliver medical9
174	170		marijuana or medical marijuana products or retail marijuana or retail10
175	171		marijuana products pursuant to this article 10 and requirements that11
176	172		medical marijuana stores, retail marijuana stores, INDEPENDENT12
177	173		DELIVERERS, medical marijuana transporters, and retail marijuana13
178	174		transporters be considered to have a responsible vendor designation14
179	175		pursuant to section 44-10-1201 prior to conducting a delivery;15
180	176		(kk) INDEPENDENT DELIVERY LICENSES , INCLUDING:16
181	177		(I) PROCEDURES FOR A SOCIAL EQUITY LICENSEE WHO HOLDS A17
182	178		RETAIL TRANSPORTER LICENSE AND A RETAIL MARIJUANA DELIVERY18
183	179		PERMIT TO CONVERT TO AN INDEPENDENT DELIVERY LICENSE PRIOR TO19
184	180		MARCH 1, 2024;20
185	181		(II) PROCEDURES FOR A SOCIAL EQUITY LICENSEE TO APPLY FOR AN21
186	182		INDEPENDENT DELIVERY LICENSE ;22
187	183		(III) REQUIREMENTS AND CONDITIONS UNDER WHICH AN23
188	184		INDEPENDENT DELIVERY LICENSEE MAY PURCHASE , STORE, AND CONDUCT24
189	185		SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ;25
190	186		(IV) REQUIREMENTS AND CONDITIONS UNDER WHICH AN26
191	187		INDEPENDENT DELIVERY LICENSEE MAY CONTRACT WITH ANOTHER27
192	188		1020
193	189		-6- INDEPENDENT DELIVERY LICENSEE TO SHARE A LICENSED PREMISES FOR1
194	190		THE PURPOSES OF STORING RETAIL MARIJUANA AND RETAIL MARIJUANA2
195	191		PRODUCTS, INCLUDING TRACKING AND RECORD-KEEPING REQUIREMENTS3
196	192		FOR SEPARATE INVENTORY;4
197	193		(V) REQUIREMENTS FOR SAFETY AND SECURITY OF THE5
198	194		AUTHORIZED STORAGE FACILITY ;6
199	195		(VI) PROCEDURES AND REQUIREMENTS TO ENSURE THAT THE7
200	196		INDEPENDENT DELIVERY LICENSEE HOLDS NOT LESS THAN FIFTY-ONE8
201	197		PERCENT OF THE BENEFICIAL OWNERSHIP, INCLUDING REQUIREMENTS FOR9
202	198		DISCLOSING CONTRACTUAL AND OPERATIONAL AGREEMENTS ; AND10
203	199		(VII) PROCEDURES AND REQUIREMENTS FOR AN APPLICANT TO11
204	200		PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES, INCLUDING AN12
205	201		AUTHORIZED STORAGE FACILITY .13
206	202		SECTION 4. In Colorado Revised Statutes, add 44-10-207 as14
207	203		follows:15
208	204		44-10-207. Social equity report. (1) BY JANUARY 31, 2025, AND16
209	205		BY JANUARY 31 EACH YEAR THEREAFTER, THE STATE LICENSING17
210	206		AUTHORITY SHALL SUBMIT A REPORT CONCERNING SOCIAL EQUITY18
211	207		LICENSES TO THE FINANCE COMMITTEES OF THE HOUSE OF19
212	208		REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES. AT20
213	209		A MINIMUM, THE REPORT MUST INCLUDE:21
214	210		(a) THE TOTAL NUMBER OF BUSINESSES LICENSED PURSUANT TO22
215	211		THIS ARTICLE 10 THAT ARE MAJORITY OWNED BY A SOCIAL EQUITY23
216	212		APPLICANT OR LICENSEE, AND THE TOTAL NUMBER OF THOSE BUSINESSES24
217	213		THAT ARE OPERATIONAL;25
218	214		(b) THE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSES ;26
219	215		(c) THE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSES THAT27
220	216		1020
221	217		-7- ARE OPERATIONAL;1
222	218		(d) THE TOTAL NUMBER OF SOCIAL EQUITY LICENSES THAT ARE2
223	219		ENDORSED BY EACH ACCELERATOR -ENDORSED LICENSE TYPE;3
224	220		(e) THE INCENTIVES AND ANY ASSOCIATED CRITERIA DEVELOPED4
225	221		BY THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-10-3085
226	222		(8);6
227	223		(f) RECOMMENDATIONS FOR NEW SOCIAL EQUITY LICENSE TYPES;7
228	224		AND8
229	225		(g) RECOMMENDATIONS FOR NEW OR INNOVATIVE FUNDING9
230	226		SOURCES FOR THE SOCIAL EQUITY PROGRAM .10
231	227		(2) THE STATE LICENSING AUTHORITY SHALL CONVENE A NEW, OR11
232	228		UTILIZE AN EXISTING, WORKING GROUP OF PERSONS INTERESTED IN SOCIAL12
233	229		EQUITY OPPORTUNITIES AND THE ACCELERATOR PROGRAM ESTABLISHED13
234	230		PURSUANT TO THIS ARTICLE 10 FOR THE PURPOSE OF DEVELOPING14
235	231		RECOMMENDATIONS PURSUANT TO SUBSECTIONS (1)(f) AND (1)(g) OF THIS15
236	232		SECTION.16
237	233		(3) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13617
238	234		(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS18
239	235		SECTION CONTINUES INDEFINITELY.19
240	236		SECTION 5. In Colorado Revised Statutes, 44-10-308, amend20
241	237		(4) introductory portion and (5); and add (4)(e), (6), (7), (8), and (9) as21
242	238		follows:22
243	239		44-10-308. Business and owner requirements - rules -23
244	240		legislative declaration - definition. (4) Effective January 1, 2021,24
245	241		THROUGH FEBRUARY 29, 2024, a person who qualifies as a social equity25
246	242		licensee PURSUANT TO THIS SUBSECTION (4) may apply for any regulated26
247	243		marijuana business license or permit, including but not limited to27
248	244		1020
249	245		-8- accelerator store, accelerator cultivator, and accelerator manufacturer1
250	246		licenses, issued pursuant to this article 10. A PERSON WHO QUALIFIES FOR2
251	247		A SOCIAL EQUITY LICENSE PURSUANT TO THIS SUBSECTION (4) MAY APPLY3
252	248		FOR ANY REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT ON OR4
253	249		AFTER MARCH 1, 2024, WITHOUT HAVING TO QUALIFY AS A SOCIAL EQUITY5
254	250		LICENSEE PURSUANT TO SUBSECTION (5) OF THIS SECTION, UNLESS THE6
255	251		QUALIFICATION WAS BASED UPON THE SOCIAL EQUITY LICENSEE 'S INCOME.7
256	252		A person qualifies as a social equity licensee if such person meets the8
257	253		following criteria, in addition to any criteria established by rule of the9
258	254		state licensing authority:10
259	255		(e) THIS SUBSECTION (4) APPLIES TO SOCIAL EQUITY LICENSEE11
260	256		APPLICATIONS RECEIVED BEFORE MARCH 1, 2024, AND TO THE RENEWAL12
261	257		OF A SOCIAL EQUITY LICENSE APPLIED FOR OR ISSUED BEFORE MARCH 1,13
262	258		2024.14
263	259		(5) A person who meets the criteria in this section for a social15
264	260		equity licensee, pursuant to rule and agency discretion, may be eligible for16
265	261		incentives available through the department of revenue or office of17
266	262		economic development and international trade, including but not limited18
267	263		to a reduction in application or license fees. EFFECTIVE MARCH 1, 2024,19
268	264		A PERSON WHO QUALIFIES AS A SOCIAL EQUITY LICENSEE MAY APPLY FOR20
269	265		ANY REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT, INCLUDING,21
270	266		BUT NOT LIMITED TO, ACCELERATOR STORE, ACCELERATOR CULTIVATOR,22
271	267		ACCELERATOR MANUFACTURER , ACCELERATOR HOSPITALITY BUSINESS, OR23
272	268		ACCELERATOR TRANSPORTER LICENSES, ISSUED PURSUANT TO THIS24
273	269		ARTICLE 10. A PERSON QUALIFIES AS A SOCIAL EQUITY LICENSEE IF THE25
274	270		PERSON MEETS THE FOLLOWING CRITERIA, IN ADDITION TO ANY CRITERIA26
275	271		ESTABLISHED BY RULE OF THE STATE LICENSING AUTHORITY :27
276	272		1020
277	273		-9- (a) HAS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT1
278	274		TO DISCIPLINARY OR LEGAL ACTION FROM THE STATE LICENSING2
279	275		AUTHORITY RESULTING IN THE REVOCATION OF A LICENSE ISSUED3
280	276		PURSUANT TO THIS ARTICLE 10; AND4
281	277		(b) HAS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :5
282	278		(I) THE APPLICANT HAS RESIDED:6
283	279		(A) FOR AT LEAST ANY FIVE YEARS OF THE THIRTY-YEAR PERIOD7
284	280		PRIOR TO THE APPLICATION IN WHICH DATA IS AVAILABLE IN A CENSUS8
285	281		TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT AND9
286	282		INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESIGNATED AS A10
287	283		DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO11
288	284		SECTION 44-10-203 (1)(j); OR12
289	285		(B) FOR AT LEAST ANY TEN OF THE THIRTY YEARS PRIOR TO THE13
290	286		APPLICATION IN HOUSING WITH FUNDING PROVIDED PURS UANT TO SECTION14
291	287		8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF 1937", AS15
292	288		AMENDED, 42 U.S.C. SECS. 1437f AND 1437g; OR16
293	289		(C) FOR AT LEAST ANY TEN OF THE THIRTY YEARS PRIOR TO THE17
294	290		APPLICATION IN HOUSING WITH FUNDING FROM FEDERAL LOW-INCOME18
295	291		HOUSING TAX CREDITS, COLORADO AFFORDABLE HOUSING TAX CREDITS,19
296	292		OR FUNDING PROVIDED UNDER ANY FEDERAL, STATE, OR LOCAL PROGRAM20
297	293		THAT RESTRICTS MAXIMUM RENTS FOR PERSONS OF LOW OR MODERATE21
298	294		INCOME THAT AT THE TIME OF RESIDENCE WAS SUBJECT TO A USE22
299	295		RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE23
300	296		FEDERAL GOVERNMENT , THE STATE GOVERNMENT , A COUNTY24
301	297		GOVERNMENT, OR A MUNICIPAL GOVERNMENT, OR BY ANY POLITICAL25
302	298		SUBDIVISION OR DESIGNATED AGENCY THEREOF ; OR26
303	299		(II) THE APPLICANT OR THE APPLICANT'S SPOUSE, PARENT, OR27
304	300		1020
305	301		-10- LEGAL GUARDIAN WAS CONVICTED OF A MARIJUANA OFFENSE ; OR1
306	302		(III) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE2
307	303		APPLICANT'S GUARDIANSHIP WAS ARRESTED OR CONVICTED OF A3
308	304		MARIJUANA OFFENSE; AND4
309	305		(A) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE5
310	306		APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED OR C ONVICTED OF A6
311	307		MARIJUANA OFFENSE RESIDED IN A DISPROPORTI ONATE IMPACTED AREA AS7
312	308		DEFINED BY RULE PURSUANT TO SECTION 44-10-203 (1)(j) FOR ANY OF THE8
313	309		FIVE YEARS OF THE THIRTY-YEAR PERIOD PRIOR TO APPLICATION; OR9
314	310		(B) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE10
315	311		APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED OR CONVICTED OF A11
316	312		MARIJUANA OFFENSE HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF12
317	313		THE PROGRAMS LISTED IN SUBSECTIONS (5)(b)(V)(A) TO (5)(b)(V)(E) OF13
318	314		THIS SECTION FOR AT LEAST ANY FIVE OF THE TEN YEARS PRIOR TO14
319	315		APPLICATION; OR15
320	316		(IV) THE APPLICANT WAS A MEMBER OF THE MILITARY AND WAS16
321	317		DISHONORABLY DISCHARGED BECAUSE THE APPLICANT WAS CONVICTED17
322	318		OF A MARIJUANA OFFENSE; OR18
323	319		(V) THE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST19
324	320		ONE OF THE FOLLOWING PROGRAMS FOR AT LEAST ANY FIVE OF THE TEN20
325	321		YEARS PRIOR TO APPLICATION:21
326	322		(A) THE LOW-INCOME ENERGY ASSISTANCE PROGRAM DESCRIBED22
327	323		IN SECTION 26-2-122.5;23
328	324		(B) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM24
329	325		DESCRIBED IN PART 3 OF ARTICLE 2 OF TITLE 26;25
330	326		(C) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, AS DEFINED IN26
331	327		SECTION 26-2-703 (19);27
332	328		1020
333	329		-11- (D) THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR1
334	330		WOMEN, INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC.2
335	331		1786; OR3
336	332		(E) THE "COLORADO MEDICAL ASSISTANCE ACT", PURSUANT TO4
337	333		PART 1 OF ARTICLE 4 OF TITLE 25.5; AND5
338	334		(c) THE SOCIAL EQUITY LICENSEE, OR COLLECTIVELY ONE OR MORE6
339	335		SOCIAL EQUITY LICENSEES, HOLDS AT LEAST FIFTY-ONE PERCENT OF THE7
340	336		BENEFICIAL OWNERSHIP OF THE REGULATED MARIJUANA BUSINESS8
341	337		LICENSE.9
342	338		(6) (a) FOR THE PURPOSES OF SUBSECTION (5) OF THIS SECTION, IF10
343	339		THE APPLICANT, OR COLLECTIVELY ONE OR MORE APPLICANTS, IS A11
344	340		CONTROLLING BENEFICIAL OWNER, UPON ATTESTATION ON THE12
345	341		APPLICATION OF THE LICENSES TO WHICH THE APPLICANT IS A PASSIVE13
346	342		BENEFICIAL OWNER, OR PASSIVE BENEFICIAL OWNER OF THREE OR MORE14
347	343		RETAIL MARIJUANA STORE LICENSES, MEDICAL MARIJUANA STORE15
348	344		LICENSES, RETAIL MARIJUANA CULTIVATION FACILITY LICENSES, OR16
349	345		MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, OR ANY17
350	346		COMBINATION THEREOF, THE APPLICANT IS NOT ELIGIBLE FOR A SOCIAL18
351	347		EQUITY LICENSE;19
352	348		(b) FOR THE PURPOSES OF SUBSECTION (6)(a) OF THIS SECTION,20
353	349		CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE21
354	350		LICENSES, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY22
355	351		AND MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, CONSTITUTE23
356	352		ONE LICENSE.24
357	353		(7) (a) SUBSECTION (5) OF THIS SECTION APPLIES TO NEW SOCIAL25
358	354		EQUITY LICENSEE APPLICATIONS RECEIVED ON OR AFTER MARCH 1, 2024,26
359	355		OR THE RENEWAL OF A SOCIAL EQUITY LICENSE FIRST APPLIED FOR ON OR27
360	356		1020
361	357		-12- AFTER MARCH 1, 2024.1
362	358		(b) SUBSECTION (5) OF THIS SECTION DOES NOT APPLY TO THE2
363	359		RENEWAL OF SOCIAL EQUITY LICENSES APPLIED FOR OR ISSUED BEFORE3
364	360		MARCH 1, 2024. 4
365	361		(8) A PERSON WHO MEETS THE CRITERIA IN THIS SECTION FOR A5
366	362		SOCIAL EQUITY LICENSE MAY BE ELIGIBLE FOR INCENTIVES AVAILABLE6
367	363		THROUGH THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC7
368	364		DEVELOPMENT AND INTERNATIONAL TRADE , INCLUDING, BUT NOT LIMITED8
369	365		TO, A REDUCTION IN APPLICATION OR LICENSE FEES. THE STATE LICENSING9
370	366		AUTHORITY MAY PROMULGATE RULES TO CREATE INCENTIVES REQUIRED10
371	367		BY THIS SUBSECTION (8).11
372	368		(9) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE STATE12
373	369		LICENSING AUTHORITY SHALL NOT ISSUE NEW SOCIAL EQUITY LICENSES13
374	370		BEGINNING ON THE EFFECTIVE DATE OF HOUSE BILL 23-1020 THROUGH14
375	371		FEBRUARY 29, 2024.15
376	372		SECTION 6. In Colorado Revised Statutes, 44-10-401, amend16
377	373		(2)(b)(X); and add (2)(b)(XII), (2)(b)(XIII), (2)(b)(XIV), and (2)(b)(XV)17
378	374		as follows:18
379	375		44-10-401. Classes of licenses. (2) (b) The following are retail19
380	376		marijuana licenses:20
381	377		(X) Retail marijuana hospitality and sales business license; and21
382	378		(XII) ACCELERATOR TRANSPORTER LICENSE ;22
383	379		(XIII) ACCELERATOR HOSPITALITY BUSINESS LICENSE ;23
384	380		(XIV) INDEPENDENT DELIVERY LICENSE ; AND24
385	381		(XV) ACCELERATOR INDEPENDENT DELIVERY LICENSE .25
386	382		SECTION 7. In Colorado Revised Statutes, 44-10-601, amend26
387	383		(16); and add (2)(d) as follows:27
388	384		1020
389	385		-13- 44-10-601. Retail marijuana store license - rules - definitions.1
390	386		(2) (d) A RETAIL MARIJUANA STORE MAY SELL WHOLESALE RETAIL2
391	387		MARIJUANA AND WHOLESALE RETAIL MARIJUANA PRODUCTS TO AN3
392	388		INDEPENDENT DELIVERY LICENSEE .4
393	389		(16) A retail marijuana store pursuant to rule and the state5
394	390		licensing authority discretion, may be THAT HOSTS AN ACCELERATOR6
395	391		STORE LICENSE MAY BE eligible for incentives available through the7
396	392		department of revenue or the office of economic development and8
397	393		international trade, including, but not limited to, a reduction in application9
398	394		or license fees.10
399	395		SECTION 8. In Colorado Revised Statutes, 44-10-602, amend11
400	396		(11) as follows:12
401	397		44-10-602. Retail marijuana cultivation facility license - rules13
402	398		- definitions. (11) A retail marijuana cultivation facility licensee that14
403	399		hosts an accelerator cultivator licensee pursuant to rule and the state15
404	400		licensing authority discretion, may be MAY BE eligible for incentives16
405	401		available through the department of revenue or the office of economic17
406	402		development and international trade, including, but not limited to, a18
407	403		reduction in application or license fees.19
408	404		SECTION 9. In Colorado Revised Statutes, 44-10-603, amend20
409	405		(2)(b), (2)(c), and (14); and add (1)(f) and (2)(d) as follows:21
410	406		44-10-603. Retail marijuana products manufacturer license -22
411	407		rules - definition. (1) (f) A RETAIL MARIJUANA PRODUCTS23
412	408		MANUFACTURER MAY SELL WHOLESALE RETAIL MARIJUANA AND24
413	409		WHOLESALE RETAIL MARIJUANA PRODUCTS TO AN INDEPENDENT DELIVERY25
414	410		LICENSEE.26
415	411		(2) Retail marijuana products must be prepared on a licensed27
416	412		1020
417	413		-14- premises that is used exclusively for the manufacture and preparation of1
418	414		retail marijuana or retail marijuana products and using equipment that is2
419	415		used exclusively for the manufacture and preparation of retail marijuana3
420	416		products; except that, if permitted by the local jurisdiction and subject to4
421	417		rules of the state licensing authority, a retail marijuana products5
422	418		manufacturer licensee may share the same premises as:6
423	419		(b) A commonly owned marijuana research and development7
424	420		licensee so long as virtual or physical separation of inventory and8
425	421		research activity is maintained; or9
426	422		(c) An accelerator manufacturer licensee if the retail marijuana10
427	423		products manufacturer has its premises endorsed pursuant to rule before11
428	424		each accelerator manufacturer licensee operates and each accelerator12
429	425		manufacturer licensee is approved to operate on that premises; OR13
430	426		(d) AN INDEPENDENT DELIVERY LICENSEE FOR THE PURPOSE OF14
431	427		STORING RETAIL MARIJUANA PRODUCTS AS PERMITTED BY RULE , IF15
432	428		VIRTUAL OR PHYSICAL SEPARATION OF INVENTORY IS MAINTAINED .16
433	429		(14) A retail marijuana products manufacturer licensee pursuant17
434	430		to rule and the state licensing authority discretion, may be THAT HOSTS AN18
435	431		ACCELERATOR MANUFACTURER LICENSE MAY BE eligible for incentives19
436	432		through the department of revenue or the office of economic development20
437	433		and international trade, including, but not limited to, a reduction in21
438	434		application or license fees.22
439	435		SECTION 10. In Colorado Revised Statutes, 44-10-605, add (6),23
440	436		(7), and (8) as follows:24
441	437		44-10-605. Retail marijuana transporter license - definition. 25
442	438		(6) AN ACCELERATOR TRANSPORTER LICENSEE MAY OPERATE ON THE26
443	439		PREMISES OF A RETAIL MARIJUANA TRANSPORTER LICENSEE IF, BEFORE27
444	440		1020
445	441		-15- EACH ACCELERATOR TRANSPORTER LICENSEE OPERATES, THE RETAIL1
446	442		MARIJUANA TRANSPORTER LICENSEE HAS ITS PREMISES ENDORSED2
447	443		PURSUANT TO RULE AND EACH ACCELERATOR TRANSPORTER LICENSEE IS3
448	444		APPROVED TO OPERATE ON THAT PREMISES .4
449	445		(7) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN5
450	446		ACCELERATOR TRANSPORTER LICENSEE MAY, PURSUANT TO RULE,6
451	447		PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL7
452	448		ASSISTANCE TO AN ACCELERATOR TRANSPORTER LICENSEE OPERATING ON8
453	449		ITS PREMISES.9
454	450		(8) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN10
455	451		ACCELERATOR TRANSPORTER LICENSEE MAY BE ELIGIBLE FOR INCENTIVES11
456	452		AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE OFFICE OF12
457	453		ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE, INCLUDING, BUT13
458	454		NOT LIMITED TO, A REDUCTION IN APPLICATION OR LICENSE FEES.14
459	455		SECTION 11. In Colorado Revised Statutes, 44-10-609, add (5),15
460	456		(6), and (7) as follows:16
461	457		44-10-609. Marijuana hospitality business license. (5) AN17
462	458		ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY OPERATE ON THE18
463	459		PREMISES OF A MARIJUANA HOSPITALITY BUSINESS LICENSEE IF , BEFORE19
464	460		EACH ACCELERATOR HOSPITALITY BUSINESS LICENSEE OPERATES , THE20
465	461		MARIJUANA HOSPITALITY BUSINESS LICENSEE HAS ITS PREMISES ENDORSED21
466	462		PURSUANT TO RULE AND EACH ACCELERATOR HOSPITALITY BUSINESS22
467	463		LICENSEE IS APPROVED TO OPERATE ON THAT PREMISES .23
468	464		(6) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS24
469	465		AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY , PURSUANT TO25
470	466		RULE, PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL26
471	467		ASSISTANCE TO AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE27
472	468		1020
473	469		-16- OPERATING ON ITS PREMISES.1
474	470		(7) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS2
475	471		AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY BE ELIGIBLE FOR3
476	472		INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE4
477	473		OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE,5
478	474		INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR6
479	475		LICENSE FEES.7
480	476		SECTION 12. In Colorado Revised Statutes, add 44-10-612 as8
481	477		follows:9
482	478		44-10-612. Retail marijuana accelerator hospitality business10
483	479		license. (1) A RETAIL MARIJUANA ACCELERATOR HOSPITALITY BUSINESS11
484	480		LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE12
485	481		PRIVILEGES OF A RETAIL MARIJUANA HOSPITALITY BUSINESS LICENSEE ON13
486	482		THE PREMISES OF AN ACCELERATOR -ENDORSED RETAIL MARIJUANA14
487	483		HOSPITALITY BUSINESS LICENSEE. THE RETAIL MARIJUANA ACCELERATOR15
488	484		HOSPITALITY BUSINESS LICENSEE MAY RECEIVE TECHNICAL ASSISTANCE16
489	485		AND FINANCIAL SUPPORT FROM THE RETAIL MARIJUANA HOSPITALITY17
490	486		BUSINESS LICENSEE WITH AN ACCELERATOR ENDORSEMENT .18
491	487		(2) THE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING19
492	488		APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR HOSPITALITY20
493	489		BUSINESS LICENSES ON MARCH 1, 2024.21
494	490		SECTION 13. In Colorado Revised Statutes, add 44-10-613 as22
495	491		follows:23
496	492		44-10-613. Independent delivery license - rules - definitions -24
497	493		repeal. (1) (a) ON OR AFTER MARCH 1, 2024, AND BEFORE JANUARY 1,25
498	494		2028, THE STATE LICENSING AUTHORITY MAY ISSUE AN INDEPENDENT26
499	495		DELIVERY LICENSE TO A PERSON WITH A SOCIAL EQUITY LICENSE27
500	496		1020
501	497		-17- AUTHORIZING THE PERSON TO DELIVER AND SELL RETAIL MARIJUANA AND1
502	498		RETAIL MARIJUANA PRODUCTS TO CONSUMERS AT THE CONSUMER'S2
503	499		PRIVATE RESIDENCE PURSUANT TO THIS ARTICLE 10; RULES PROMULGATED3
504	500		PURSUANT TO THIS ARTICLE 10; AND THE PROVISIONS OF THE ORDINANCE4
505	501		OR RESOLUTION OF THE LOCAL JURISDICTION WHERE THE LICENSEE5
506	502		OPERATES.6
507	503		(b) AN INDEPENDENT DELIVERER MAY PURCHASE WHOLESALE7
508	504		RETAIL MARIJUANA AND WHOLESALE RETAIL MARIJ UANA PRODUCTS FROM8
509	505		A RETAIL MARIJUANA STORE LICENSEE, AND THE INDEPENDENT DELIVERER9
510	506		MAY PURCHASE WHOLESALE RETAIL MARIJUANA AND WHOLESALE RETAIL10
511	507		MARIJUANA PRODUCTS FROM A RETAIL MARIJUANA PRODUCTS11
512	508		MANUFACTURER LICENSEE .12
513	509		(c) AN INDEPENDENT DELIVERER SHALL TRACK ALL OF ITS RETAIL13
514	510		MARIJUANA AND RETAIL MARIJUANA PRODUCTS FROM THE POINT THAT14
515	511		THEY ARE TRANSFERRED FROM A RETAIL MARIJUANA STORE OR RETAIL15
516	512		MARIJUANA PRODUCTS MANUFACTURER TO THE POINT OF SALE .16
517	513		(d) THE INDEPENDENT DELIVERY LICENSE APPLICANT SHALL17
518	514		PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES OR PROOF OF A18
519	515		CONTRACT WITH AN ESTABLISHED SOCIAL EQUITY LICENSEE WHO19
520	516		MAINTAINS A LICENSED PREMISES AUTHORIZED BY THE STATE TO STORE20
521	517		RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS . THE STATE21
522	518		LICENSING AUTHORITY SHALL PROMULGATE RULES CONCERNING22
523	519		PERMITTING AN INDEPENDENT DELIVERER TO STORE RETAIL MARIJUANA23
524	520		OR RETAIL MARIJUANA PRODUCTS AT A STATE -AUTHORIZED STORAGE24
525	521		FACILITY OR LICENSED PREMISES.25
526	522		(e) FOR PURPOSES OF THIS SECTION, A STATE-AUTHORIZED26
527	523		STORAGE FACILITY IS SUBJECT TO THE SAME SAFETY AND SECURITY27
528	524		1020
529	525		-18- REQUIREMENTS AS A LICENSED PREMISES , UNLESS EXEMPTED BY RULE.1
530	526		(2) (a) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN2
531	527		INDEPENDENT DELIVERY LICENSEE MAY ALSO SELL RETAIL MARIJUANA3
532	528		PRODUCTS THAT ARE PREPACKAGED AND LABELED AS REQUIRED BY RULES4
533	529		OF THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-10-2035
534	530		(2)(f) AND (3)(b).6
535	531		(b) AN INDEPENDENT DELIVERY LICENSEE MAY TRANSACT WITH A7
536	532		RETAIL MARIJUANA PRODUCTS MANUFACTURER LICENSEE FOR THE8
537	533		PURCHASE OF RETAIL MARIJUANA PRODUCTS AT A RETAIL MARIJUANA9
538	534		PRODUCTS MANUFACTURER LICENSEE'S LICENSED PREMISES OR AT THE10
539	535		INDEPENDENT DELIVERY LICENSEE 'S LICENSED PREMISES.11
540	536		(3) (a) AN INDEPENDENT DELIVERER MAY DELIVER AND SELL12
541	537		RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS NOT IN EXCESS OF13
542	538		THE AMOUNTS ESTABLISHED BY THE STATE LICENSING AUTHORITY .14
543	539		(b) (I) PRIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN15
544	540		INDIVIDUAL, THE PERSON DELIVERING THE ORDER SHALL INSPECT THE16
545	541		INDIVIDUAL'S IDENTIFICATION AND VERIFY THAT THE INFORMATION17
546	542		PROVIDED AT THE TIME OF THE ORDER MATCHES THE NAME AND AGE ON18
547	543		THE INDIVIDUAL'S IDENTIFICATION.19
548	544		(II) (A) IF AN INDEPENDENT DELIVERY LICENSEE OR EMPLOYEE20
549	545		HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON IS UNDER21
550	546		TWENTY-ONE YEARS OF AGE AND IS EXHIBITING FRAUDULENT PROOF OF22
551	547		AGE IN AN ATTEMPT TO OBTAIN ANY RETAIL MARIJUANA OR RETAIL23
552	548		MARIJUANA PRODUCT, THE LICENSEE OR EMPLOYEE IS AUTHORIZED TO24
553	549		CONFISCATE THE FRAUDULENT PROOF OF AGE, IF POSSIBLE, AND SHALL,25
554	550		WITHIN SEVENTY-TWO HOURS AFTER THE CONFISCATION, REMIT IT TO A26
555	551		STATE OR LOCAL LAW ENFORCEMENT AGENCY. THE FAILURE TO27
556	552		1020
557	553		-19- CONFISCATE THE FRAUDULENT PROOF OF AGE OR TO REMIT IT TO A STATE1
558	554		OR LOCAL LAW ENFORCEMENT AGENCY WITHIN SEVENTY-TWO HOURS2
559	555		AFTER THE CONFISCATION DOES NOT CONSTITUTE A CRIMINAL OFFENSE .3
560	556		(B) IF AN INDEPENDENT DELIVERY LICENSEE OR EMPLOYEE4
561	557		BELIEVES THAT A PERSON IS UNDER TWENTY-ONE YEARS OF AGE AND IS5
562	558		EXHIBITING FRAUDULENT PROOF OF AGE IN AN ATTEMPT TO OBTAIN ANY6
563	559		RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCT, THE LICENSEE OR7
564	560		EMPLOYEE OR A PEACE OFFICER, ACTING IN GOOD FAITH AND UPON8
565	561		PROBABLE CAUSE BASED UPON REASONABLE GROUNDS THEREFOR , MAY9
566	562		DETAIN AND QUESTION THE PERSON IN A REASONABLE MANNER FOR THE10
567	563		PURPOSE OF ASCERTAINING WHETHER THE PERSON IS GUILTY OF ANY11
568	564		UNLAWFUL ACT REGARDING THE PURCHASE OF RETAIL MARIJUANA OR12
569	565		RETAIL MARIJUANA PRODUCT. THE QUESTIONING OF A PERSON BY AN13
570	566		EMPLOYEE OR A PEACE OFFICER DOES NOT RENDER THE LICENSEE, THE14
571	567		EMPLOYEE, OR THE PEACE OFFICER CIVILLY OR CRIMINALLY LIABLE FOR15
572	568		SLANDER, FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION,16
573	569		OR UNLAWFUL DETENTION .17
574	570		(c) (I) AN INDEPENDENT DELIVERER THAT SELLS AN INDUSTRIAL18
575	571		HEMP PRODUCT SHALL ENSURE THAT THE INDUSTRIAL HEMP PRODUCT HAS19
576	572		PASSED ALL TESTING REQUIRED BY RULES PROMULGATED BY THE STATE20
577	573		LICENSING AUTHORITY PURSUANT TO SECTION 44-10-203 (2)(d). PRIOR TO21
578	574		TAKING POSSESSION OF THE INDUSTRIAL HEMP PR ODUCT, AN INDEPENDENT22
579	575		DELIVERER SHALL VERIFY THE INDUSTRIAL HEMP PRODUCT PASSED ALL23
580	576		TESTING REQUIRED FOR RETAIL MARIJUANA PRODUCTS AT A LICENSED24
581	577		RETAIL MARIJUANA TESTING FACILITY AND THAT THE PERSON25
582	578		TRANSFERRING THE INDUSTRIAL HEMP PRODUCT HAS RECEIVED A26
583	579		REGISTRATION FROM THE DEPARTMENT OF PUBLIC HEALTH AND27
584	580		1020
585	581		-20- ENVIRONMENT PURSUANT TO SECTION 25-5-426.1
586	582		(II) ABSENT SAMPLING AND TESTING STANDARDS ESTABLISHED BY2
587	583		THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE3
588	584		SAMPLING AND TESTING OF AN INDUSTRIAL HEMP PRODUCT, A PERSON4
589	585		TRANSFERRING AN INDUSTRIAL HEMP PR ODUCT TO AN INDEPENDENT5
590	586		DELIVERER PURSUANT TO THIS SECTION SHALL COMPLY WITH SAMPLING6
591	587		AND TESTING STANDARDS CONSISTENT WITH THOSE ESTABLISHED BY THE7
592	588		STATE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 10. THE STATE8
593	589		LICENSING AUTHORITY SHALL REPORT TO THE DEPARTMENT OF PUBLIC9
594	590		HEALTH AND ENVIRONMENT ANY INVESTIGATIONS OR FINDINGS OF10
595	591		VIOLATIONS OF THIS SECTION BY A PERSON REGISTERED PURSUANT TO11
596	592		SECTION 25-5-426.12
597	593		(d) WHEN COMPLETING A SALE OF RETAIL MARIJUANA13
598	594		CONCENTRATE, THE INDEPENDENT DELIVERER SHALL PROVIDE THE14
599	595		CUSTOMER WITH THE TANGIBLE EDUCATIONAL RESOURCE CREATED BY THE15
600	596		STATE LICENSING AUTHORITY THROUGH RULE -MAKING REGARDING THE16
601	597		USE OF RETAIL MARIJUANA CONCENTRATE .17
602	598		(4) ALL RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS18
603	599		SOLD BY AN INDEPENDENT DELIVERER MUST BE PACKAGED AND LABELED19
604	600		AS REQUIRED BY RULES OF THE STATE LICENSING AUTHORITY PURSUANT20
605	601		TO SECTION 44-10-203 (2)(f) AND (3)(b).21
606	602		(5) (a) AN INDEPENDENT DELIVERER SHALL ONLY SELL RETAIL22
607	603		MARIJUANA, RETAIL MARIJUANA PRODUCTS, MARIJUANA ACCESSORIES,23
608	604		NONCONSUMABLE PRODUCTS SUCH AS APPAREL, MARIJUANA-RELATED24
609	605		PRODUCTS SUCH AS CHILDPROOF PACKAGING CONTAINERS, AND25
610	606		INDUSTRIAL HEMP PRODUCTS. AN INDEPENDENT DELIVERER SHALL NOT26
611	607		SELL OR GIVE AWAY ANY CONSUMABLE PRODUCT, INCLUDING, BUT NOT27
612	608		1020
613	609		-21- LIMITED TO, CIGARETTES OR ALCOHOL, OR EDIBLE PRODUCTS THAT DO NOT1
614	610		CONTAIN MARIJUANA, INCLUDING, BUT NOT LIMITED TO, SODAS, CANDIES,2
615	611		OR BAKED GOODS.3
616	612		(b) AN INDEPENDENT DELIVERER SHALL NOT SELL ANY RETAIL4
617	613		MARIJUANA OR RETAIL MARIJUANA PRODUCTS THAT CONTAIN NICOTINE OR5
618	614		ALCOHOL IF THE SALE OF THE ALC OHOL WOULD REQUIRE A LICENSE6
619	615		PURSUANT TO ARTICLE 3, 4, 5, OR 7 OF THIS TITLE 44.7
620	616		(c) (I) A LICENSED INDEPENDENT DELIVERER MAY ACCEPT8
621	617		PAYMENT ONLINE FOR THE SALE OF RETAIL MARIJUANA AND RETAIL9
622	618		MARIJUANA PRODUCTS.10
623	619		(II) AT THE TIME OF AN ONLINE ORDER , THE INDEPENDENT11
624	620		RETAILER SHALL REQUIRE THE PURCHASING INDIVIDUAL TO PROVIDE12
625	621		INFORMATION NECESSARY TO VERIFY THAT THE INDIVIDUAL IS AT LEAST13
626	622		TWENTY-ONE YEARS OF AGE . AT A MINIMUM, THE INDEPENDENT14
627	623		DELIVERER SHALL REQUIRE THE INDIVIDUAL'S NAME, THE INDIVIDUAL'S15
628	624		DATE OF BIRTH, AND ANY OTHER INFORMATION REQUIRED BY THE STATE16
629	625		LICENSING AUTHORITY BY RULE. WHEN THE INDEPENDENT DELIVERER17
630	626		DELIVERS THE ONLINE ORDER, THE INDEPENDENT DELIVERER SHALL18
631	627		INSPECT THE INDIVIDUAL'S IDENTIFICATION. THE INDEPENDENT DELIVERER19
632	628		SHALL NOT TRANSFER POSSESSION OF THE ORDER UNLESS THE NAME AND20
633	629		DATE OF BIRTH PROVIDED AT THE TIME OF THE ORDER MATCHES THE NAME21
634	630		AND DATE OF BIRTH ON THE INDIVIDUAL'S IDENTIFICATION.22
635	631		(III) AN INDEPENDENT DELIVERER SHALL ENSURE THAT AN23
636	632		INDIVIDUAL PURCHASING RETAIL MARIJUANA OR RETAIL MARIJUANA24
637	633		PRODUCTS ONLINE IS PROVIDED WITH DIGITAL VERSIONS OF ALL WARNING25
638	634		OR EDUCATIONAL MATERIALS THAT THE INDEPENDENT DELIVERER IS26
639	635		REQUIRED TO POST AND PROVIDE PURSUANT TO SECTION 44-10-613 (3)(d)27
640	636		1020
641	637		-22- AND ANY ADDITIONAL RELEVANT WARNINGS OR EDUCATI ONAL1
642	638		MATERIALS, AS APPLICABLE. THE INDIVIDUAL MUST ACKNOWLEDGE2
643	639		RECEIPT OF THE WARNING AND EDUCATIONAL MATERIALS BEFORE3
644	640		COMPLETING THE PURCHASE .4
645	641		(6) RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS MUST5
646	642		NOT BE CONSUMED IN AN INDEPENDENT DELIVERER'S VEHICLE OR ON ANY6
647	643		LICENSED PREMISES.7
648	644		(7) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW,8
649	645		SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ARE NOT9
650	646		EXEMPT FROM STATE OR LOCAL SALES TAX .10
651	647		(8) A LISTING FOR SALE BY AN INDEPENDENT DELIVERER FOR11
652	648		RETAIL MARIJUANA CONCENTRATE MUST INCLUDE THE POTENCY OF THE12
653	649		RETAIL MARIJUANA CONCENTRATE NEXT TO THE NAME OF THE PRODUCT13
654	650		AND SAFETY WARNINGS AND HEALTH RISKS FOR RETAIL MARIJUANA14
655	651		CONCENTRATES PROMULGATED BY RULE .15
656	652		(9) (a) AN INDEPENDENT DELIVERER LICENSEE SHALL NOT MAKE16
657	653		DELIVERIES OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS TO17
658	654		INDIVIDUALS WHILE ALSO TRANSPORTING RETAIL MARIJUANA OR RETAIL18
659	655		MARIJUANA PRODUCTS BETWEEN LICENSEES' LICENSED PREMISES IN THE19
660	656		SAME VEHICLE.20
661	657		(b) AN INDEPENDENT DELIVERER LICENSEE SHALL NOT ENGAGE IN21
662	658		THIRD-PARTY BUSINESS-TO-BUSINESS LOGISTICS, DISTRIBUTION,22
663	659		DELIVERY, AND STORAGE OF RETAIL MARIJUANA AND RETAIL MARIJUANA23
664	660		PRODUCTS UNLESS IT ALSO OBTAINS A VALID TRANSPORTER LICENSE .24
665	661		(c) THE INDEPENDENT DELIVERER SHALL CHARGE A ONE-DOLLAR25
666	662		SURCHARGE ON EACH DELIVERY . THE INDEPENDENT DELIVERER SHALL26
667	663		REMIT THE SURCHARGES COLLECTED ON A MONTHLY BASIS TO THE27
668	664		1020
669	665		-23- MUNICIPALITY WHERE THE INDEPENDENT DELIVERY BUSINESS IS LOCATED ,1
670	666		OR TO THE COUNTY IF THE INDEPENDENT DELIVERY BUSINESS IS IN AN2
671	667		UNINCORPORATED AREA, FOR LOCAL LAW ENFORCEMENT COSTS RELATED3
672	668		TO MARIJUANA ENFORCEMENT. FAILURE TO COMPLY WITH THIS4
673	669		SUBSECTION (9)(c) MAY RESULT IN NONRENEWAL OF THE INDEPENDENT5
674	670		DELIVERY LICENSE.6
675	671		(d) AN INDEPENDENT DELIVERER MAY DELIVER RETAIL MARIJUANA7
676	672		AND RETAIL MARIJUANA PRODUCTS ONLY TO THE INDIVIDUAL WHO PLACED8
677	673		THE ORDER AND WHO:9
678	674		(I) IS TWENTY-ONE YEARS OF AGE OR OLDER;10
679	675		(II) RECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL11
680	676		MARIJUANA PRODUCTS PURSUANT TO RULES ; AND12
681	677		(III) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION .13
682	678		(e) ANY PERSON DELIVERING RETAIL MARIJUANA OR RETAIL14
683	679		MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE15
684	680		AND BE A CURRENT EMPLOYEE OF THE INDEPENDENT DELIVERER; MUST16
685	681		HAVE UNDERGONE TRAINING REGARDING PROOF-OF-AGE IDENTIFICATION17
686	682		AND VERIFICATION, INCLUDING ALL FORMS OF IDENTIFICATION THAT ARE18
687	683		DEEMED ACCEPTABLE BY THE STATE LICENSING AUTHORITY; AND MUST19
688	684		HAVE ANY OTHER TRAINING REQUIRED BY THE STATE LICENSING20
689	685		AUTHORITY.21
690	686		(f) IN ACCORDANCE WITH THIS SUBSECTION (9) AND RULES22
691	687		ADOPTED TO IMPLEMENT THIS SUBSECTION (9), AN INDEPENDENT23
692	688		DELIVERER:24
693	689		(I) SHALL NOT DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA25
694	690		PRODUCTS IN EXCESS OF THE AM OUNTS ESTABLISHED BY THE STATE26
695	691		LICENSING AUTHORITY;27
696	692		1020
697	693		-24- (II) SHALL DELIVER ONLY TO AN INDIVIDUAL AT THE ADDRESS1
698	694		PROVIDED IN THE ORDER;2
699	695		(III) SHALL NOT DELIVER MORE THAN ONCE PER DAY TO THE SAME3
700	696		INDIVIDUAL OR RESIDENCE;4
701	697		(IV) (A) SHALL DELIVER ONLY TO PRIVATE RESIDENCES ;5
702	698		(B) FOR PURPOSES OF THIS SECTION, "PRIVATE RESIDENCES"6
703	699		MEANS PRIVATE PREMISES WHERE A PERSON LIVES , SUCH AS A PRIVATE7
704	700		DWELLING PLACE OR PLACE OF HABITATION, AND SPECIFICALLY EXCLUDES8
705	701		ANY PREMISES LOCATED AT A SCHOOL OR ON THE CAMPUS OF AN9
706	702		INSTITUTION OF HIGHER EDUCATION, OR ANY OTHER PUBLIC PROPERTY;10
707	703		(V) SHALL DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA11
708	704		PRODUCTS ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION12
709	705		AND THE RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTION13
710	706		44-10-203 (2)(dd);14
711	707		(VI) SHALL USE AN EMPLOYEE TO CONDUCT DELIVERIES ; AND15
712	708		(VII) SHALL USE AN ASSOCIATED LICENSED PREMISES TO STORE,16
713	709		PACKAGE, AND LABEL THE RETAIL MARIJUANA OR RETAIL MARIJUANA17
714	710		PRODUCTS.18
715	711		(g) (I) AT THE TIME OF THE ORDER, THE INDEPENDENT DELIVERER19
716	712		SHALL REQUIRE THE INDIVIDUAL TO PROVIDE INFORMATION NECESSARY TO20
717	713		VERIFY THE INDIVIDUAL IS AT LEAST TWENTY-ONE YEARS OF AGE. THE21
718	714		PROVIDED INFORMATION MUST, AT A MINIMUM, INCLUDE THE FOLLOWING:22
719	715		(A) THE INDIVIDUAL'S NAME AND DATE OF BIRTH;23
720	716		(B) THE ADDRESS OF THE RESIDENCE WHERE THE ORDER IS24
721	717		DELIVERED; AND25
722	718		(C) ANY OTHER INFORMATION REQUIRED BY STATE LICENSING26
723	719		AUTHORITY RULE.27
724	720		1020
725	721		-25- (II) PRIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN1
726	722		INDIVIDUAL, THE INDEPENDENT DELIVERER DELIVERING THE ORDER SHALL2
727	723		INSPECT THE INDIVIDUAL'S IDENTIFICATION AND VERIFY THAT THE3
728	724		INFORMATION PROVIDED AT THE TIME THE ORDER IS PLACED MATCHES THE4
729	725		NAME AND AGE ON THE INDIVIDUAL 'S IDENTIFICATION.5
730	726		(h) THE INDEPENDENT DELIVERER SHALL NOT SELL RETAIL6
731	727		MARIJUANA OR RETAIL MARIJUANA PRODUCTS DIRECTLY FROM THE7
732	728		DELIVERY VEHICLE.8
733	729		(i) (I) UNLESS OTHERWISE PROVIDED BY THE STATE LICENSING9
734	730		AUTHORITY BY RULES PROMULGATED PURSUANT TO THIS ARTICLE 10, ALL10
735	731		REQUIREMENTS APPLICABLE TO OTHER LICENSES ISSUED PURSUANT TO11
736	732		THIS ARTICLE 10 MAY APPLY TO THE DELIVERY OF RETAIL MARIJUANA AND12
737	733		RETAIL MARIJUANA PRODUCTS, INCLUDING, BUT NOT LIMITED TO,13
738	734		INVENTORY TRACKING, TRANSPORTATION, AND PACKAGING AND LABELING14
739	735		REQUIREMENTS.15
740	736		(II) THE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED16
741	737		PURSUANT TO SECTION 44-10-203 (3)(a) APPLY TO INDEPENDENT17
742	738		DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (9).18
743	739		(j) IT IS NOT A VIOLATION OF ANY PROVISION OF STATE CIVIL OR19
744	740		CRIMINAL LAW FOR AN INDEPENDENT DELIVERER, OR SUCH PERSON WHO20
745	741		HAS MADE TIMELY AND SUFFICIENT APPLICATION FOR THE RENEWAL OF AN21
746	742		INDEPENDENT DELIVERY LICENSE, OR ITS LICENSEES, TO POSSESS,22
747	743		TRANSPORT, AND DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA23
748	744		PRODUCTS IN AMOUNTS THAT DO NOT EXCEED AMOUNTS ESTABLISHED BY24
749	745		THE STATE LICENSING AUTHORITY.25
750	746		(k) A LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST STATE26
751	747		LICENSING AUTHORITY REPORTS, INCLUDING COMPLAINTS, INVESTIGATIVE27
752	748		1020
753	749		-26- ACTION, AND FINAL AGENCY ACTION ORDERS, RELATED TO CRIMINAL1
754	750		ACTIVITY MATERIALLY RELATED TO RETAIL MARIJUANA DELIVERY IN THE2
755	751		LAW ENFORCEMENT AGENCY'S JURISDICTION, AND THE STATE LICENSING3
756	752		AUTHORITY SHALL PROMPTLY PROVIDE ANY REPORTS IN ITS POSSESSION4
757	753		FOR THE LAW ENFORCEMENT AGENCY 'S JURISDICTION.5
758	754		(l) (I) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION,6
759	755		DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJU ANA PRODUCTS IS NOT7
760	756		PERMITTED IN ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY UNLESS8
761	757		THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY, BY EITHER A9
762	758		MAJORITY OF THE REGISTERED ELECTORS OF THE MUNICIPALITY, COUNTY,10
763	759		OR CITY AND COUNTY VOTING AT A REGULAR ELECTION OR SPECIAL11
764	760		ELECTION CALLED IN ACCORDANCE WITH THE "COLORADO MUNICIPAL12
765	761		ELECTION CODE OF 1965", ARTICLE 10 OF TITLE 31, OR THE "UNIFORM13
766	762		ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, AS APPLICABLE,14
767	763		OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE15
768	764		MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTE TO ALLOW THE16
769	765		DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS17
770	766		PURSUANT TO THIS SECTION.18
771	767		(II) AN ORDINANCE ADOPTED PURSUANT TO SUBSECTION (9)(l)(I)19
772	768		OF THIS SECTION MAY PROHIBIT DELIVERY OF RETAIL MARIJUANA AND20
773	769		RETAIL MARIJUANA PRODUCTS FROM AN INDEPENDENT DELIVERER THAT21
774	770		IS OUTSIDE A MUNICIPALITY'S, COUNTY'S, CITY'S, OR CITY AND COUNTY'S22
775	771		JURISDICTIONAL BOUNDARIES TO AN ADDRESS WITHIN ITS JURISDICTIONAL23
776	772		BOUNDARIES.24
777	773		(m) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,25
778	774		DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS IS NOT26
779	775		PERMITTED AT ANY SCHOOL OR ON THE CAMPUS OF ANY INSTITUTION OF27
780	776		1020
781	777		-27- HIGHER EDUCATION.1
782	778		(n) THE STATE LICENSING AUTHORITY MAY BEGIN ISSUING2
783	779		INDEPENDENT DELIVERY LICENSES TO QUALIFIED INDEPENDENT3
784	780		DELIVERER APPLICANTS ON AND AFTER, BUT NOT EARLIER THAN, MARCH4
785	781		1, 2024.5
786	782		(10) AN ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY6
787	783		OPERATE WITH AN INDEPENDENT DELIVERY LICENSEE IF BEFORE AN7
788	784		ACCELERATOR INDEPENDENT DELIVERY LICENSEE OPERATES, THE8
789	785		INDEPENDENT DELIVERY LICENSEE HAS ITS PREMISES ENDORSED9
790	786		PURSUANT TO RULE AND EACH ACCELERATOR INDEPENDENT DELIVERY10
791	787		LICENSEE IS APPROVED TO OPERATE WITH THE ENDORSED LICENSEE .11
792	788		(11) AN INDEPENDENT DELIVERY LICENSEE THAT HOSTS AN12
793	789		ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY , PURSUANT TO13
794	790		RULE, PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL14
795	791		ASSISTANCE TO AN ACCELERATOR INDEPENDENT DELIVERY LICENSEE15
796	792		OPERATING ON ITS PREMISES WITH SHARED OPERATIONS PRIVILEGES .16
797	793		(12) AN INDEPENDENT DELIVERY LICENSEE THAT HOSTS AN17
798	794		ACCELERATOR INDEPENDENT DELIVERER MAY BE ELIGIBLE FOR18
799	795		INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE19
800	796		OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE,20
801	797		INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR21
802	798		LICENSE FEES.22
803	799		SECTION 14. In Colorado Revised Statutes, add 44-10-614 as23
804	800		follows:24
805	801		44-10-614. Retail marijuana accelerator independent delivery25
806	802		license - repeal. (1) A RETAIL MARIJUANA ACCELERATOR INDEPENDENT26
807	803		DELIVERY LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO27
808	804		1020
809	805		-28- EXERCISE THE PRIVILEGES OF A RETAIL MARIJUANA INDEPENDENT1
810	806		DELIVERY LICENSEE ON THE PREMISES OF AN ACCELERATOR -ENDORSED2
811	807		INDEPENDENT DELIVERY LICENSEE . THE RETAIL MARIJUANA3
812	808		ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY RECEIVE4
813	809		TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FROM THE RETAIL5
814	810		MARIJUANA INDEPENDENT DELIVERY LICENSEE WITH AN ACCELERATOR6
815	811		ENDORSEMENT.7
816	812		(2) THE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING8
817	813		APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR INDEPENDENT9
818	814		DELIVERY LICENSES ON MARCH 1, 2024.10
819	815		SECTION 15. In Colorado Revised Statutes, add 44-10-615 as11
820	816		follows:12
821	817		44-10-615. Retail marijuana accelerator transporter license.13
822	818		(1) A RETAIL MARIJUANA ACCELERATOR TRANSPORTER LICENSE MAY BE14
823	819		ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE PRIVILEGES OF A15
824	820		RETAIL MARIJUANA TRANSPORTER LICENSEE ON THE PREMISES OF AN16
825	821		ACCELERATOR-ENDORSED TRANSPORTER LICENSEE . THE RETAIL17
826	822		MARIJUANA ACCELERATOR TRANSPORTER LICENSEE MAY RECEIVE18
827	823		TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FROM THE RETAIL19
828	824		MARIJUANA TRANSPORTER LICENSEE WITH AN ACCELERATOR20
829	825		ENDORSEMENT.21
830	826		(2) THE STATE LICENSING AUTHORITY MAY BEGIN ACCEPTING22
831	827		APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR TRANSPORTER23
832	828		LICENSES ON MARCH 1, 2024.24
833	829		SECTION 16. In Colorado Revised Statutes, 44-10-1401, amend25
834	830		(2) as follows:26
835	831		44-10-1401. Sunset review - repeal of article. (2) Prior to the27
836	832		1020
837	833		-29- repeal of this article 10, the department of regulatory agencies shall1
838	834		conduct a sunset review as described in section 24-34-104 (5). AS A PART2
839	835		OF THE SUNSET REVIEW, THE DEPARTMENT OF REGULATORY AGENCIES3
840	836		SHALL ANALYZE , EVALUATE, AND SUBMIT RECOMMENDATIONS4
841	837		CONCERNING SOCIAL EQUITY LICENSING AND THE INDEPENDENT DELIVERY5
842	838		LICENSE.6
843	839		SECTION 17. In Colorado Revised Statutes, 24-34-104, amend7
844	840		(29)(a)(XII) as follows:8
845	841		24-34-104. General assembly review of regulatory agencies9
846	842		and functions for repeal, continuation, or reestablishment -10
847	843		legislative declaration - repeal. (29) (a) The following agencies,11
848	844		functions, or both, are scheduled for repeal on September 1, 2028:12
849	845		(XII) The "Colorado Marijuana Code", article 10 of title 44,13
850	846		INCLUDING SOCIAL EQUITY LICENSING AND THE INDEPENDENT DELIVERY14
851	847		LICENSE;15
852	848		SECTION 18. In Colorado Revised Statutes, 24-48.5-128, add16
853	849		(3)(e) as follows:17
854	850		24-48.5-128. Program - marijuana entrepreneurs - social18
855	851		equity licensees - committee - report - marijuana entrepreneur fund19
856	852		- creation - legislative declaration - definitions. (3) Loans, grants,20
857	853		and technical assistance. (e) (I) THERE IS CREATED IN THE OFFICE THE21
858	854		PROGRAM GRANT COMMITTEE THAT IS RESPONSIBLE FOR REVIEWING22
859	855		GRANT APPLICATIONS, SELECTING GRANT RECIPIENTS, AND DETERMINING23
860	856		GRANT AWARDS ISSUED PURSUANT TO THIS SECTION. ON OR BEFORE24
861	857		SEPTEMBER 1, 2023, OR UPON REAUTHORIZATION OF THE PROGRAM, THE25
862	858		OFFICE DIRECTOR SHALL APPOINT THE FOLLOWING MEMBERS TO SERVE ON26
863	859		THE COMMITTEE:27
864	860		1020
865	861		-30- (A) FIVE PERSONS WHO OWN A BUSINESS THAT IS CURRENTLY1
866	862		LOCATED AND OPERATING IN COLORADO;2
867	863		(B) FIVE PERSONS WITH EXPERIENCE REPRESENTING MARIJUANA3
868	864		LICENSEES; AND4
869	865		(C) FIVE PERSONS WHO ARE INTERESTED COMMUNITY MEMBERS.5
870	866		(II) TO THE EXTENT PRACTICABLE , THE MEMBERSHIP OF THE6
871	867		COMMITTEE MUST INCLUDE PERSONS FROM THROUGHOUT THE STATE AND7
872	868		REFLECT THE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY OF THE STATE.8
873	869		(III) THE MEMBERSHIP OF THE COMMITTEE MUST INCLUDE NOT9
874	870		MORE THAN THREE LICENSEES, AS DEFINED BY SECTION 44-10-103 (25).10
875	871		(IV) MEMBERS OF THE COMMITTEE SERVE TWO-YEAR TERMS AND11
876	872		MAY BE REAPPOINTED FOR AN ADDITIONAL TWO-YEAR TERM. MEMBERS12
877	873		OF THE COMMITTEE SERVE AT THE PLEASURE OF THE OFFICE DIRECTOR. IF13
878	874		A MEMBER OF THE COMMITTEE LEAVES THE COMMITTEE PRIOR TO THE14
879	875		EXPIRATION OF THE MEMBER 'S TERM, THE OFFICE DIRECTOR SHALL15
880	876		APPOINT A NEW MEMBER TO SERVE FOR THE REMAINDER OF THE TERM .16
881	877		(V) MEMBERS OF THE COMMITTEE SERVE WITHOUT17
882	878		COMPENSATION OR REIMBURSEMENT OF EXPENSES .18
883	879		SECTION 19. In Colorado Revised Statutes, 39-28.8-202,19
884	880		amend (1)(a)(I) as follows:20
885	881		39-28.8-202. Retail marijuana sales tax. (1) (a) (I) In addition21
886	882		to the tax imposed pursuant to part 1 of article 26 of this title 39 and the22
887	883		sales tax imposed by a local government pursuant to title 29, 30, 31, or23
888	884		32, but except as otherwise set forth in subsections (1)(a)(II) and24
889	885		(1)(a)(III) of this section, beginning January 1, 2014, and through June25
890	886		30, 2017, there is imposed upon all RETAIL sales of retail marijuana and26
891	887		retail marijuana products by a retailer a tax at the rate of ten percent of27
892	888		1020
893	889		-31- the amount of the sale. Beginning July 1, 2017, there is imposed upon all1
894	890		sales of retail marijuana and retail marijuana products by a retailer a tax2
895	891		at the rate of fifteen percent of the amount of the sale. The tax imposed3
896	892		by this section is computed in accordance with schedules or forms4
897	893		prescribed by the executive director of the department; except that a retail5
898	894		marijuana store RETAILER is not allowed to retain any portion of the retail6
899	895		marijuana sales tax collected pursuant to this part 2 to cover the expenses7
900	896		of collecting and remitting the tax. The executive director may8
901	897		promulgate rules to implement this section.9
902	898		SECTION 20. Appropriation. (1) For the 2023-24 state fiscal10
903	899		year, $330,625 is appropriated to the marijuana cash fund created in11
904	900		section 44-10-801 (1)(a), C.R.S. This appropriation is from the general12
905	901		fund. The department of revenue is responsible for the accounting related13
906	902		to this appropriation.14
907	903		(2) For the 2023-24 state fiscal year, $330,625 is appropriated to15
908	904		the department of revenue. This appropriation is from reappropriated16
909	905		funds in the marijuana cash funds fund under subsection (1) of this17
910	906		section. Any money appropriated in this subsection (2) not expended18
911	907		prior to July 1, 2024, is further appropriated to the department for the19
912	908		2024-25 state fiscal year for the same purposes. To implement this act,20
913	909		the department may use the appropriation as follows:21
914	910		(a) $216,426 for marijuana enforcement, which amount is based22
915	911		on an assumption that the department will require an additional 1.1 FTE;23
916	912		and24
917	913		(b) $114,199 for the purchase of legal services.25
918	914		(3) For the 2023-24 state fiscal year, $114,199 is appropriated to26
919	915		the department of law. This appropriation is from reappropriated funds27
920	916		1020
921	917		-32- received from the department of revenue under subsection (2)(b) of this1
922	918		section and is based on an assumption that the department of law will2
923	919		require an additional 0.4 FTE. To implement this act, the department of3
924	920		law may use this appropriation to provide legal services for the4
925	921		department of revenue. Any money appropriated in this subsection (3) not5
926	922		expended prior to July 1, 2024, is further appropriated to the department6
927	923		for the 2024-25 state fiscal year for the same purpose.7
928	924		SECTION 21. Act subject to petition - effective date. This act8
929	925		takes effect at 12:01 a.m. on the day following the expiration of the9
930	926		ninety-day period after final adjournment of the general assembly; except10
931	927		that, if a referendum petition is filed pursuant to section 1 (3) of article11
932	928		V of the state constitution against this act or an item, section, or part of12
933	929		this act within such period, then the act, item, section, or part will not13
934	930		take effect unless approved by the people at the general election to be14
935	931		held in November 2024 and, in such case, will take effect on the date of15
936	932		the official declaration of the vote thereon by the governor.16
937	933		1020
938	934		-33-