First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0029.01 Jacob Baus x2173
HOUSE BILL 23-1020
House Committees Senate Committees
Business Affairs & Labor
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING SOCIAL EQUITY LICENSES IN THE REGULATED101
MARIJUANA
BUSINESS, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates an accelerator hospitality business license,
accelerator transporter license, and accelerator retail deliverer permittee
for social equity licensees qualified to participate in the accelerator
program.
The bill requires the department of revenue to provide an annual
HOUSE
3rd Reading Unamended
May 3, 2023
HOUSE
Amended 2nd Reading
May 2, 2023
HOUSE SPONSORSHIP
Ricks and English, Bacon, Epps, Garcia, Gonzales-Gutierrez, Herod, Mabrey, Snyder,
Velasco
SENATE SPONSORSHIP
Fields,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. report to the finance committees of the house of representatives and the
senate concerning active social equity licenses, any recommendations for
new social equity licenses and permits, and any recommendations for new
or innovating funding sources for the social equity licensees or
permittees.
Effective January 2, 2024, the bill amends the eligibility
requirements for a person to qualify as a social equity licensee. The bill
clarifies that the new eligibility requirements only apply to social equity
licensee applications received on or after January 2, 2024, or to the
reinstatement or reactivation of social equity licenses originally issued
before January 2, 2024. The new eligibility requirements do not apply to
the renewal of social equity licenses applied for or issued before January
2, 2024.
The bill authorizes a social equity licensee who satisfies the
eligibility requirements effective January 2, 2024, with a retail marijuana
transporter licensee and a retail marijuana delivery permit or an
accelerator retail deliverer permit, to exercise the privileges of a retail
marijuana store license without needing to obtain a retail marijuana store
license or accelerator store license.
The bill requires the department of revenue to create incentives for
social equity licensees and accelerator-endorsed licensees, including
reducing or waiving fees.
The bill creates, in the office of economic development, a grant
committee that is responsible for reviewing grant applications, selecting
grant recipients, and determining grant awards that are issued pursuant to
an existing grant program for supporting entrepreneurs in the marijuana
industry.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-10-103, amend2
(2), and (58); and add (1.3), (1.7), (4.7), and (18.5) as follows:3
44-10-103. Rules - definitions. As used in this article 10, unless4
the context otherwise requires:5
(1.3) "ACCELERATOR HOSPITALITY BUSINESS" MEANS A SOCIAL6
EQUITY LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR7
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED8
PURSUANT TO RULE TO EXERCISE THE PRIVILEGES OF A MARIJUANA9
HOSPITALITY BUSINESS ON THE PREMISES OF AN ACCELERATOR-ENDORSED10
1020-2- MARIJUANA HOSPITALITY BUSINESS LICENSEE .1
(1.7) "ACCELERATOR INDEPENDENT DELIVERER" MEANS A SOCIAL2
EQUITY LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR3
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED4
PURSUANT TO RULE TO EXERCISE THE PRIVILEGES OF AN INDEPENDENT5
DELIVERER.6
(2) "Accelerator-endorsed licensee" means a retail marijuana7
cultivation facility licensee, retail marijuana products manufacturer8
licensee, or retail marijuana store, who, MARIJUANA HOSPITALITY9
BUSINESS LICENSEE, RETAIL MARIJUANA TRANSPORTER LICENSEE, OR10
INDEPENDENT DELIVERER LICENSEE THAT has, pursuant to rule, been11
endorsed to host and offer technical and capital support to a social equity12
licensee pursuant to the requirements of the accelerator program13
established pursuant to this article 10.14
(4.7) "ACCELERATOR TRANSPORTER" MEANS A SOCIAL EQUITY15
LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR PROGRAM16
ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED PURSUANT17
TO RULE TO EXERCISE THE PRIVILEGES OF THE ACCELERATOR-ENDORSED18
RETAIL MARIJUANA TRANSPORTER LICENSEE .19
(18.5) "INDEPENDENT DELIVERER" MEANS A PERSON LICENSED TO20
DELIVER AND SELL RETAIL MARIJUANA AND RETAIL MARIJUANA PR ODUCTS21
TO CONSUMERS AT THE CONSUMER'S PRIVATE RESIDENCE PURSUANT TO22
THIS ARTICLE 10; RULES PROMULGATED PURSUANT TO THIS ARTICLE 10;23
AND THE PROVISIONS OF AN ENACTED, INITIATED, OR REFERRED24
ORDINANCE OR RESOLUTION OF THE LOCAL JURISDICTION IN WHICH THE25
LICENSEE OPERATES.26
(58) "Retail marijuana business" means a retail marijuana store,27
1020
-3- a retail marijuana cultivation facility, a retail marijuana products1
manufacturer, a marijuana hospitality business, a retail marijuana2
hospitality and sales business, a retail marijuana testing facility, a retail3
marijuana business operator, or a retail marijuana transporter, OR AN4
INDEPENDENT DELIVERER licensed pursuant to this article 10.5
SECTION 2. In Colorado Revised Statutes, 44-10-104, amend6
(2)(a) as follows:7
44-10-104. Applicability - medical marijuana - retail8
marijuana. (2) (a) A person applying for licensure pursuant to this9
article 10 must complete forms as provided by the state licensing10
authority and must pay the application fee and the licensing fee, which11
must be credited to the marijuana cash fund established pursuant to12
section 44-10-801. The state licensing authority shall forward, within13
seven days, one-half of the retail marijuana business license application14
fee to the local jurisdiction unless the application is for an accelerator15
cultivator, accelerator manufacturer, or accelerator store, ACCELERATOR16
HOSPITALITY BUSINESS, ACCELERATOR TRANSPORTER, OR ACCELERATOR17
INDEPENDENT DELIVERER license, or unless the local jurisdiction has18
prohibited the operation of retail marijuana businesses pursuant to section19
16 (5)(f) of article XVIII of the state constitution. If the license is denied,20
the state licensing authority shall refund the licensing fee to the applicant.21
SECTION 3. In Colorado Revised Statutes, 44-10-203, amend22
(2)(aa), (2)(dd) introductory portion, and (2)(dd)(II); and add (1)(j.3) and23
(2)(kk) as follows:24
44-10-203. State licensing authority - rules. (1) Permissive25
rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c)26
may include but need not be limited to the following subjects:27
1020
-4- (j.3) THE DOCUMENTATION NECESSARY TO BE PROVIDED BY A1
PERSON APPLYING FOR A SOCIAL EQUITY LICENSE AND REQUIREMENTS2
DEEMED NECESSARY BY THE STATE LICENSING AUTHORITY TO VERIFY THE3
DOCUMENTATION.4
(2) Mandatory rule-making. Rules promulgated pursuant to5
section 44-10-202 (1)(c) must include but need not be limited to the6
following subjects:7
(aa) The implementation of an accelerator program including but8
not limited to rules to establish requirements for social equity licensees9
operating on the same licensed premises or on separate premises10
possessed by an accelerator-endorsed licensee. THE STATE LICENSING11
AUTHORITY'S RULES MUST INCLUDE THE ABILITY FOR AN12
ACCELERATOR-ENDORSED LICENSEE TO HOST AND OFFER TECHNICAL AND13
CAPITAL SUPPORT TO MORE THAN ONE SOCIAL EQUITY LICENSEE OF THE14
SAME LICENSE TYPE. The state licensing authority's rules establishing an15
accelerator program may include requirements for severed custodianship16
of regulated marijuana products, protections of the intellectual property17
of a social equity licensee, incentives for accelerator-endorsed licensees,18
and additional requirements if a person applying for an accelerator19
endorsement has less than two years' experience operating a licensed20
facility pursuant to this article 10. An accelerator-endorsed licensee is not21
required to exercise the privileges of its license on the premises where a22
social equity licensee operates. THE STATE LICENSING AUTHORITY'S RULES23
MAY ALLOW FOR A SOCIAL EQUITY LICENSEE APPLICANT TO ATTEST THAT24
THE PERSON SATISFIES THE ELIGIBILITY CRITERIA PURSUANT TO SECTION25
44-10-308 (5). The state licensing authority's implementation of an26
accelerator program is extended from July 1, 2020, to January 1, 2021.27
1020
-5- (dd) Requirements for medical marijuana and medical marijuana1
products delivery as described in section 44-10-501 (11) and section2
44-10-505 (5) and retail marijuana and retail marijuana products delivery3
as described in section 44-10-601 (13), and section 44-10-605 (5), AND4
SECTION 44-10-613, including:5
(II) Training requirements for personnel of medical marijuana6
stores, retail marijuana stores, medical marijuana transporters, and retail7
marijuana transporters that hold a medical marijuana or retail marijuana8
delivery permit, AND INDEPENDENT DELIVERERS, who will deliver medical9
marijuana or medical marijuana products or retail marijuana or retail10
marijuana products pursuant to this article 10 and requirements that11
medical marijuana stores, retail marijuana stores, INDEPENDENT12
DELIVERERS, medical marijuana transporters, and retail marijuana13
transporters be considered to have a responsible vendor designation14
pursuant to section 44-10-1201 prior to conducting a delivery;15
(kk) INDEPENDENT DELIVERY LICENSES , INCLUDING:16
(I) PROCEDURES FOR A SOCIAL EQUITY LICENSEE WHO HOLDS A17
RETAIL TRANSPORTER LICENSE AND A RETAIL MARIJUANA DELIVERY18
PERMIT TO CONVERT TO AN INDEPENDENT DELIVERY LICENSE PRIOR TO19
MARCH 1, 2024;20
(II) PROCEDURES FOR A SOCIAL EQUITY LICENSEE TO APPLY FOR AN21
INDEPENDENT DELIVERY LICENSE ;22
(III) REQUIREMENTS AND CONDITIONS UNDER WHICH AN23
INDEPENDENT DELIVERY LICENSEE MAY PURCHASE , STORE, AND CONDUCT24
SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ;25
(IV) REQUIREMENTS AND CONDITIONS UNDER WHICH AN26
INDEPENDENT DELIVERY LICENSEE MAY CONTRACT WITH ANOTHER27
1020
-6- INDEPENDENT DELIVERY LICENSEE TO SHARE A LICENSED PREMISES FOR1
THE PURPOSES OF STORING RETAIL MARIJUANA AND RETAIL MARIJUANA2
PRODUCTS, INCLUDING TRACKING AND RECORD-KEEPING REQUIREMENTS3
FOR SEPARATE INVENTORY;4
(V) REQUIREMENTS FOR SAFETY AND SECURITY OF THE5
AUTHORIZED STORAGE FACILITY ;6
(VI) PROCEDURES AND REQUIREMENTS TO ENSURE THAT THE7
INDEPENDENT DELIVERY LICENSEE HOLDS NOT LESS THAN FIFTY-ONE8
PERCENT OF THE BENEFICIAL OWNERSHIP, INCLUDING REQUIREMENTS FOR9
DISCLOSING CONTRACTUAL AND OPERATIONAL AGREEMENTS ; AND10
(VII) PROCEDURES AND REQUIREMENTS FOR AN APPLICANT TO11
PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES, INCLUDING AN12
AUTHORIZED STORAGE FACILITY .13
SECTION 4. In Colorado Revised Statutes, add 44-10-207 as14
follows:15
44-10-207. Social equity report. (1) BY JANUARY 31, 2025, AND16
BY JANUARY 31 EACH YEAR THEREAFTER, THE STATE LICENSING17
AUTHORITY SHALL SUBMIT A REPORT CONCERNING SOCIAL EQUITY18
LICENSES TO THE FINANCE COMMITTEES OF THE HOUSE OF19
REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES. AT20
A MINIMUM, THE REPORT MUST INCLUDE:21
(a) THE TOTAL NUMBER OF BUSINESSES LICENSED PURSUANT TO22
THIS ARTICLE 10 THAT ARE MAJORITY OWNED BY A SOCIAL EQUITY23
APPLICANT OR LICENSEE, AND THE TOTAL NUMBER OF THOSE BUSINESSES24
THAT ARE OPERATIONAL;25
(b) THE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSES ;26
(c) THE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSES THAT27
1020
-7- ARE OPERATIONAL;1
(d) THE TOTAL NUMBER OF SOCIAL EQUITY LICENSES THAT ARE2
ENDORSED BY EACH ACCELERATOR -ENDORSED LICENSE TYPE;3
(e) THE INCENTIVES AND ANY ASSOCIATED CRITERIA DEVELOPED4
BY THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-10-3085
(8);6
(f) RECOMMENDATIONS FOR NEW SOCIAL EQUITY LICENSE TYPES;7
AND8
(g) RECOMMENDATIONS FOR NEW OR INNOVATIVE FUNDING9
SOURCES FOR THE SOCIAL EQUITY PROGRAM .10
(2) THE STATE LICENSING AUTHORITY SHALL CONVENE A NEW, OR11
UTILIZE AN EXISTING, WORKING GROUP OF PERSONS INTERESTED IN SOCIAL12
EQUITY OPPORTUNITIES AND THE ACCELERATOR PROGRAM ESTABLISHED13
PURSUANT TO THIS ARTICLE 10 FOR THE PURPOSE OF DEVELOPING14
RECOMMENDATIONS PURSUANT TO SUBSECTIONS (1)(f) AND (1)(g) OF THIS15
SECTION.16
(3) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13617
(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS18
SECTION CONTINUES INDEFINITELY.19
SECTION 5. In Colorado Revised Statutes, 44-10-308, amend20
(4) introductory portion and (5); and add (4)(e), (6), (7), (8), and (9) as21
follows:22
44-10-308. Business and owner requirements - rules -23
legislative declaration - definition. (4) Effective January 1, 2021,24
THROUGH FEBRUARY 29, 2024, a person who qualifies as a social equity25
licensee PURSUANT TO THIS SUBSECTION (4) may apply for any regulated26
marijuana business license or permit, including but not limited to27
1020
-8- accelerator store, accelerator cultivator, and accelerator manufacturer1
licenses, issued pursuant to this article 10. A PERSON WHO QUALIFIES FOR2
A SOCIAL EQUITY LICENSE PURSUANT TO THIS SUBSECTION (4) MAY APPLY3
FOR ANY REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT ON OR4
AFTER MARCH 1, 2024, WITHOUT HAVING TO QUALIFY AS A SOCIAL EQUITY5
LICENSEE PURSUANT TO SUBSECTION (5) OF THIS SECTION, UNLESS THE6
QUALIFICATION WAS BASED UPON THE SOCIAL EQUITY LICENSEE 'S INCOME.7
A person qualifies as a social equity licensee if such person meets the8
following criteria, in addition to any criteria established by rule of the9
state licensing authority:10
(e) THIS SUBSECTION (4) APPLIES TO SOCIAL EQUITY LICENSEE11
APPLICATIONS RECEIVED BEFORE MARCH 1, 2024, AND TO THE RENEWAL12
OF A SOCIAL EQUITY LICENSE APPLIED FOR OR ISSUED BEFORE MARCH 1,13
2024.14
(5) A person who meets the criteria in this section for a social15
equity licensee, pursuant to rule and agency discretion, may be eligible for16
incentives available through the department of revenue or office of17
economic development and international trade, including but not limited18
to a reduction in application or license fees. EFFECTIVE MARCH 1, 2024,19
A PERSON WHO QUALIFIES AS A SOCIAL EQUITY LICENSEE MAY APPLY FOR20
ANY REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT, INCLUDING,21
BUT NOT LIMITED TO, ACCELERATOR STORE, ACCELERATOR CULTIVATOR,22
ACCELERATOR MANUFACTURER , ACCELERATOR HOSPITALITY BUSINESS, OR23
ACCELERATOR TRANSPORTER LICENSES, ISSUED PURSUANT TO THIS24
ARTICLE 10. A PERSON QUALIFIES AS A SOCIAL EQUITY LICENSEE IF THE25
PERSON MEETS THE FOLLOWING CRITERIA, IN ADDITION TO ANY CRITERIA26
ESTABLISHED BY RULE OF THE STATE LICENSING AUTHORITY :27
1020
-9- (a) HAS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT1
TO DISCIPLINARY OR LEGAL ACTION FROM THE STATE LICENSING2
AUTHORITY RESULTING IN THE REVOCATION OF A LICENSE ISSUED3
PURSUANT TO THIS ARTICLE 10; AND4
(b) HAS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :5
(I) THE APPLICANT HAS RESIDED:6
(A) FOR AT LEAST ANY FIVE YEARS OF THE THIRTY-YEAR PERIOD7
PRIOR TO THE APPLICATION IN WHICH DATA IS AVAILABLE IN A CENSUS8
TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT AND9
INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESIGNATED AS A10
DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO11
SECTION 44-10-203 (1)(j); OR12
(B) FOR AT LEAST ANY TEN OF THE THIRTY YEARS PRIOR TO THE13
APPLICATION IN HOUSING WITH FUNDING PROVIDED PURS UANT TO SECTION14
8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF 1937", AS15
AMENDED, 42 U.S.C. SECS. 1437f AND 1437g; OR16
(C) FOR AT LEAST ANY TEN OF THE THIRTY YEARS PRIOR TO THE17
APPLICATION IN HOUSING WITH FUNDING FROM FEDERAL LOW-INCOME18
HOUSING TAX CREDITS, COLORADO AFFORDABLE HOUSING TAX CREDITS,19
OR FUNDING PROVIDED UNDER ANY FEDERAL, STATE, OR LOCAL PROGRAM20
THAT RESTRICTS MAXIMUM RENTS FOR PERSONS OF LOW OR MODERATE21
INCOME THAT AT THE TIME OF RESIDENCE WAS SUBJECT TO A USE22
RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE23
FEDERAL GOVERNMENT , THE STATE GOVERNMENT , A COUNTY24
GOVERNMENT, OR A MUNICIPAL GOVERNMENT, OR BY ANY POLITICAL25
SUBDIVISION OR DESIGNATED AGENCY THEREOF ; OR26
(II) THE APPLICANT OR THE APPLICANT'S SPOUSE, PARENT, OR27
1020
-10- LEGAL GUARDIAN WAS CONVICTED OF A MARIJUANA OFFENSE ; OR1
(III) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE2
APPLICANT'S GUARDIANSHIP WAS ARRESTED OR CONVICTED OF A3
MARIJUANA OFFENSE; AND4
(A) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE5
APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED OR C ONVICTED OF A6
MARIJUANA OFFENSE RESIDED IN A DISPROPORTI ONATE IMPACTED AREA AS7
DEFINED BY RULE PURSUANT TO SECTION 44-10-203 (1)(j) FOR ANY OF THE8
FIVE YEARS OF THE THIRTY-YEAR PERIOD PRIOR TO APPLICATION; OR9
(B) THE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE10
APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED OR CONVICTED OF A11
MARIJUANA OFFENSE HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF12
THE PROGRAMS LISTED IN SUBSECTIONS (5)(b)(V)(A) TO (5)(b)(V)(E) OF13
THIS SECTION FOR AT LEAST ANY FIVE OF THE TEN YEARS PRIOR TO14
APPLICATION; OR15
(IV) THE APPLICANT WAS A MEMBER OF THE MILITARY AND WAS16
DISHONORABLY DISCHARGED BECAUSE THE APPLICANT WAS CONVICTED17
OF A MARIJUANA OFFENSE; OR18
(V) THE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST19
ONE OF THE FOLLOWING PROGRAMS FOR AT LEAST ANY FIVE OF THE TEN20
YEARS PRIOR TO APPLICATION:21
(A) THE LOW-INCOME ENERGY ASSISTANCE PROGRAM DESCRIBED22
IN SECTION 26-2-122.5;23
(B) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM24
DESCRIBED IN PART 3 OF ARTICLE 2 OF TITLE 26;25
(C) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, AS DEFINED IN26
SECTION 26-2-703 (19);27
1020
-11- (D) THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR1
WOMEN, INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC.2
1786; OR3
(E) THE "COLORADO MEDICAL ASSISTANCE ACT", PURSUANT TO4
PART 1 OF ARTICLE 4 OF TITLE 25.5; AND5
(c) THE SOCIAL EQUITY LICENSEE, OR COLLECTIVELY ONE OR MORE6
SOCIAL EQUITY LICENSEES, HOLDS AT LEAST FIFTY-ONE PERCENT OF THE7
BENEFICIAL OWNERSHIP OF THE REGULATED MARIJUANA BUSINESS8
LICENSE.9
(6) (a) FOR THE PURPOSES OF SUBSECTION (5) OF THIS SECTION, IF10
THE APPLICANT, OR COLLECTIVELY ONE OR MORE APPLICANTS, IS A11
CONTROLLING BENEFICIAL OWNER, UPON ATTESTATION ON THE12
APPLICATION OF THE LICENSES TO WHICH THE APPLICANT IS A PASSIVE13
BENEFICIAL OWNER, OR PASSIVE BENEFICIAL OWNER OF THREE OR MORE14
RETAIL MARIJUANA STORE LICENSES, MEDICAL MARIJUANA STORE15
LICENSES, RETAIL MARIJUANA CULTIVATION FACILITY LICENSES, OR16
MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, OR ANY17
COMBINATION THEREOF, THE APPLICANT IS NOT ELIGIBLE FOR A SOCIAL18
EQUITY LICENSE;19
(b) FOR THE PURPOSES OF SUBSECTION (6)(a) OF THIS SECTION,20
CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE21
LICENSES, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY22
AND MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, CONSTITUTE23
ONE LICENSE.24
(7) (a) SUBSECTION (5) OF THIS SECTION APPLIES TO NEW SOCIAL25
EQUITY LICENSEE APPLICATIONS RECEIVED ON OR AFTER MARCH 1, 2024,26
OR THE RENEWAL OF A SOCIAL EQUITY LICENSE FIRST APPLIED FOR ON OR27
1020
-12- AFTER MARCH 1, 2024.1
(b) SUBSECTION (5) OF THIS SECTION DOES NOT APPLY TO THE2
RENEWAL OF SOCIAL EQUITY LICENSES APPLIED FOR OR ISSUED BEFORE3
MARCH 1, 2024. 4
(8) A PERSON WHO MEETS THE CRITERIA IN THIS SECTION FOR A5
SOCIAL EQUITY LICENSE MAY BE ELIGIBLE FOR INCENTIVES AVAILABLE6
THROUGH THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC7
DEVELOPMENT AND INTERNATIONAL TRADE , INCLUDING, BUT NOT LIMITED8
TO, A REDUCTION IN APPLICATION OR LICENSE FEES. THE STATE LICENSING9
AUTHORITY MAY PROMULGATE RULES TO CREATE INCENTIVES REQUIRED10
BY THIS SUBSECTION (8).11
(9) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE STATE12
LICENSING AUTHORITY SHALL NOT ISSUE NEW SOCIAL EQUITY LICENSES13
BEGINNING ON THE EFFECTIVE DATE OF HOUSE BILL 23-1020 THROUGH14
FEBRUARY 29, 2024.15
SECTION 6. In Colorado Revised Statutes, 44-10-401, amend16
(2)(b)(X); and add (2)(b)(XII), (2)(b)(XIII), (2)(b)(XIV), and (2)(b)(XV)17
as follows:18
44-10-401. Classes of licenses. (2) (b) The following are retail19
marijuana licenses:20
(X) Retail marijuana hospitality and sales business license; and21
(XII) ACCELERATOR TRANSPORTER LICENSE ;22
(XIII) ACCELERATOR HOSPITALITY BUSINESS LICENSE ;23
(XIV) INDEPENDENT DELIVERY LICENSE ; AND24
(XV) ACCELERATOR INDEPENDENT DELIVERY LICENSE .25
SECTION 7. In Colorado Revised Statutes, 44-10-601, amend26
(16); and add (2)(d) as follows:27
1020
-13- 44-10-601. Retail marijuana store license - rules - definitions.1
(2) (d) A RETAIL MARIJUANA STORE MAY SELL WHOLESALE RETAIL2
MARIJUANA AND WHOLESALE RETAIL MARIJUANA PRODUCTS TO AN3
INDEPENDENT DELIVERY LICENSEE .4
(16) A retail marijuana store pursuant to rule and the state5
licensing authority discretion, may be THAT HOSTS AN ACCELERATOR6
STORE LICENSE MAY BE eligible for incentives available through the7
department of revenue or the office of economic development and8
international trade, including, but not limited to, a reduction in application9
or license fees.10
SECTION 8. In Colorado Revised Statutes, 44-10-602, amend11
(11) as follows:12
44-10-602. Retail marijuana cultivation facility license - rules13
- definitions. (11) A retail marijuana cultivation facility licensee that14
hosts an accelerator cultivator licensee pursuant to rule and the state15
licensing authority discretion, may be MAY BE eligible for incentives16
available through the department of revenue or the office of economic17
development and international trade, including, but not limited to, a18
reduction in application or license fees.19
SECTION 9. In Colorado Revised Statutes, 44-10-603, amend20
(2)(b), (2)(c), and (14); and add (1)(f) and (2)(d) as follows:21
44-10-603. Retail marijuana products manufacturer license -22
rules - definition. (1) (f) A RETAIL MARIJUANA PRODUCTS23
MANUFACTURER MAY SELL WHOLESALE RETAIL MARIJUANA AND24
WHOLESALE RETAIL MARIJUANA PRODUCTS TO AN INDEPENDENT DELIVERY25
LICENSEE.26
(2) Retail marijuana products must be prepared on a licensed27
1020
-14- premises that is used exclusively for the manufacture and preparation of1
retail marijuana or retail marijuana products and using equipment that is2
used exclusively for the manufacture and preparation of retail marijuana3
products; except that, if permitted by the local jurisdiction and subject to4
rules of the state licensing authority, a retail marijuana products5
manufacturer licensee may share the same premises as:6
(b) A commonly owned marijuana research and development7
licensee so long as virtual or physical separation of inventory and8
research activity is maintained; or9
(c) An accelerator manufacturer licensee if the retail marijuana10
products manufacturer has its premises endorsed pursuant to rule before11
each accelerator manufacturer licensee operates and each accelerator12
manufacturer licensee is approved to operate on that premises; OR13
(d) AN INDEPENDENT DELIVERY LICENSEE FOR THE PURPOSE OF14
STORING RETAIL MARIJUANA PRODUCTS AS PERMITTED BY RULE , IF15
VIRTUAL OR PHYSICAL SEPARATION OF INVENTORY IS MAINTAINED .16
(14) A retail marijuana products manufacturer licensee pursuant17
to rule and the state licensing authority discretion, may be THAT HOSTS AN18
ACCELERATOR MANUFACTURER LICENSE MAY BE eligible for incentives19
through the department of revenue or the office of economic development20
and international trade, including, but not limited to, a reduction in21
application or license fees.22
SECTION 10. In Colorado Revised Statutes, 44-10-605, add (6),23
(7), and (8) as follows:24
44-10-605. Retail marijuana transporter license - definition. 25
(6) AN ACCELERATOR TRANSPORTER LICENSEE MAY OPERATE ON THE26
PREMISES OF A RETAIL MARIJUANA TRANSPORTER LICENSEE IF, BEFORE27
1020
-15- EACH ACCELERATOR TRANSPORTER LICENSEE OPERATES, THE RETAIL1
MARIJUANA TRANSPORTER LICENSEE HAS ITS PREMISES ENDORSED2
PURSUANT TO RULE AND EACH ACCELERATOR TRANSPORTER LICENSEE IS3
APPROVED TO OPERATE ON THAT PREMISES .4
(7) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN5
ACCELERATOR TRANSPORTER LICENSEE MAY, PURSUANT TO RULE,6
PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL7
ASSISTANCE TO AN ACCELERATOR TRANSPORTER LICENSEE OPERATING ON8
ITS PREMISES.9
(8) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN10
ACCELERATOR TRANSPORTER LICENSEE MAY BE ELIGIBLE FOR INCENTIVES11
AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE OFFICE OF12
ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE, INCLUDING, BUT13
NOT LIMITED TO, A REDUCTION IN APPLICATION OR LICENSE FEES.14
SECTION 11. In Colorado Revised Statutes, 44-10-609, add (5),15
(6), and (7) as follows:16
44-10-609. Marijuana hospitality business license. (5) AN17
ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY OPERATE ON THE18
PREMISES OF A MARIJUANA HOSPITALITY BUSINESS LICENSEE IF , BEFORE19
EACH ACCELERATOR HOSPITALITY BUSINESS LICENSEE OPERATES , THE20
MARIJUANA HOSPITALITY BUSINESS LICENSEE HAS ITS PREMISES ENDORSED21
PURSUANT TO RULE AND EACH ACCELERATOR HOSPITALITY BUSINESS22
LICENSEE IS APPROVED TO OPERATE ON THAT PREMISES .23
(6) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS24
AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY , PURSUANT TO25
RULE, PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL26
ASSISTANCE TO AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE27
1020
-16- OPERATING ON ITS PREMISES.1
(7) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS2
AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY BE ELIGIBLE FOR3
INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE4
OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE,5
INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR6
LICENSE FEES.7
SECTION 12. In Colorado Revised Statutes, add 44-10-612 as8
follows:9
44-10-612. Retail marijuana accelerator hospitality business10
license. (1) A RETAIL MARIJUANA ACCELERATOR HOSPITALITY BUSINESS11
LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE12
PRIVILEGES OF A RETAIL MARIJUANA HOSPITALITY BUSINESS LICENSEE ON13
THE PREMISES OF AN ACCELERATOR -ENDORSED RETAIL MARIJUANA14
HOSPITALITY BUSINESS LICENSEE. THE RETAIL MARIJUANA ACCELERATOR15
HOSPITALITY BUSINESS LICENSEE MAY RECEIVE TECHNICAL ASSISTANCE16
AND FINANCIAL SUPPORT FROM THE RETAIL MARIJUANA HOSPITALITY17
BUSINESS LICENSEE WITH AN ACCELERATOR ENDORSEMENT .18
(2) THE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING19
APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR HOSPITALITY20
BUSINESS LICENSES ON MARCH 1, 2024.21
SECTION 13. In Colorado Revised Statutes, add 44-10-613 as22
follows:23
44-10-613. Independent delivery license - rules - definitions -24
repeal. (1) (a) ON OR AFTER MARCH 1, 2024, AND BEFORE JANUARY 1,25
2028, THE STATE LICENSING AUTHORITY MAY ISSUE AN INDEPENDENT26
DELIVERY LICENSE TO A PERSON WITH A SOCIAL EQUITY LICENSE27
1020
-17- AUTHORIZING THE PERSON TO DELIVER AND SELL RETAIL MARIJUANA AND1
RETAIL MARIJUANA PRODUCTS TO CONSUMERS AT THE CONSUMER'S2
PRIVATE RESIDENCE PURSUANT TO THIS ARTICLE 10; RULES PROMULGATED3
PURSUANT TO THIS ARTICLE 10; AND THE PROVISIONS OF THE ORDINANCE4
OR RESOLUTION OF THE LOCAL JURISDICTION WHERE THE LICENSEE5
OPERATES.6
(b) AN INDEPENDENT DELIVERER MAY PURCHASE WHOLESALE7
RETAIL MARIJUANA AND WHOLESALE RETAIL MARIJ UANA PRODUCTS FROM8
A RETAIL MARIJUANA STORE LICENSEE, AND THE INDEPENDENT DELIVERER9
MAY PURCHASE WHOLESALE RETAIL MARIJUANA AND WHOLESALE RETAIL10
MARIJUANA PRODUCTS FROM A RETAIL MARIJUANA PRODUCTS11
MANUFACTURER LICENSEE .12
(c) AN INDEPENDENT DELIVERER SHALL TRACK ALL OF ITS RETAIL13
MARIJUANA AND RETAIL MARIJUANA PRODUCTS FROM THE POINT THAT14
THEY ARE TRANSFERRED FROM A RETAIL MARIJUANA STORE OR RETAIL15
MARIJUANA PRODUCTS MANUFACTURER TO THE POINT OF SALE .16
(d) THE INDEPENDENT DELIVERY LICENSE APPLICANT SHALL17
PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES OR PROOF OF A18
CONTRACT WITH AN ESTABLISHED SOCIAL EQUITY LICENSEE WHO19
MAINTAINS A LICENSED PREMISES AUTHORIZED BY THE STATE TO STORE20
RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS . THE STATE21
LICENSING AUTHORITY SHALL PROMULGATE RULES CONCERNING22
PERMITTING AN INDEPENDENT DELIVERER TO STORE RETAIL MARIJUANA23
OR RETAIL MARIJUANA PRODUCTS AT A STATE -AUTHORIZED STORAGE24
FACILITY OR LICENSED PREMISES.25
(e) FOR PURPOSES OF THIS SECTION, A STATE-AUTHORIZED26
STORAGE FACILITY IS SUBJECT TO THE SAME SAFETY AND SECURITY27
1020
-18- REQUIREMENTS AS A LICENSED PREMISES , UNLESS EXEMPTED BY RULE.1
(2) (a) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AN2
INDEPENDENT DELIVERY LICENSEE MAY ALSO SELL RETAIL MARIJUANA3
PRODUCTS THAT ARE PREPACKAGED AND LABELED AS REQUIRED BY RULES4
OF THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-10-2035
(2)(f) AND (3)(b).6
(b) AN INDEPENDENT DELIVERY LICENSEE MAY TRANSACT WITH A7
RETAIL MARIJUANA PRODUCTS MANUFACTURER LICENSEE FOR THE8
PURCHASE OF RETAIL MARIJUANA PRODUCTS AT A RETAIL MARIJUANA9
PRODUCTS MANUFACTURER LICENSEE'S LICENSED PREMISES OR AT THE10
INDEPENDENT DELIVERY LICENSEE 'S LICENSED PREMISES.11
(3) (a) AN INDEPENDENT DELIVERER MAY DELIVER AND SELL12
RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS NOT IN EXCESS OF13
THE AMOUNTS ESTABLISHED BY THE STATE LICENSING AUTHORITY .14
(b) (I) PRIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN15
INDIVIDUAL, THE PERSON DELIVERING THE ORDER SHALL INSPECT THE16
INDIVIDUAL'S IDENTIFICATION AND VERIFY THAT THE INFORMATION17
PROVIDED AT THE TIME OF THE ORDER MATCHES THE NAME AND AGE ON18
THE INDIVIDUAL'S IDENTIFICATION.19
(II) (A) IF AN INDEPENDENT DELIVERY LICENSEE OR EMPLOYEE20
HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON IS UNDER21
TWENTY-ONE YEARS OF AGE AND IS EXHIBITING FRAUDULENT PROOF OF22
AGE IN AN ATTEMPT TO OBTAIN ANY RETAIL MARIJUANA OR RETAIL23
MARIJUANA PRODUCT, THE LICENSEE OR EMPLOYEE IS AUTHORIZED TO24
CONFISCATE THE FRAUDULENT PROOF OF AGE, IF POSSIBLE, AND SHALL,25
WITHIN SEVENTY-TWO HOURS AFTER THE CONFISCATION, REMIT IT TO A26
STATE OR LOCAL LAW ENFORCEMENT AGENCY. THE FAILURE TO27
1020
-19- CONFISCATE THE FRAUDULENT PROOF OF AGE OR TO REMIT IT TO A STATE1
OR LOCAL LAW ENFORCEMENT AGENCY WITHIN SEVENTY-TWO HOURS2
AFTER THE CONFISCATION DOES NOT CONSTITUTE A CRIMINAL OFFENSE .3
(B) IF AN INDEPENDENT DELIVERY LICENSEE OR EMPLOYEE4
BELIEVES THAT A PERSON IS UNDER TWENTY-ONE YEARS OF AGE AND IS5
EXHIBITING FRAUDULENT PROOF OF AGE IN AN ATTEMPT TO OBTAIN ANY6
RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCT, THE LICENSEE OR7
EMPLOYEE OR A PEACE OFFICER, ACTING IN GOOD FAITH AND UPON8
PROBABLE CAUSE BASED UPON REASONABLE GROUNDS THEREFOR , MAY9
DETAIN AND QUESTION THE PERSON IN A REASONABLE MANNER FOR THE10
PURPOSE OF ASCERTAINING WHETHER THE PERSON IS GUILTY OF ANY11
UNLAWFUL ACT REGARDING THE PURCHASE OF RETAIL MARIJUANA OR12
RETAIL MARIJUANA PRODUCT. THE QUESTIONING OF A PERSON BY AN13
EMPLOYEE OR A PEACE OFFICER DOES NOT RENDER THE LICENSEE, THE14
EMPLOYEE, OR THE PEACE OFFICER CIVILLY OR CRIMINALLY LIABLE FOR15
SLANDER, FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION,16
OR UNLAWFUL DETENTION .17
(c) (I) AN INDEPENDENT DELIVERER THAT SELLS AN INDUSTRIAL18
HEMP PRODUCT SHALL ENSURE THAT THE INDUSTRIAL HEMP PRODUCT HAS19
PASSED ALL TESTING REQUIRED BY RULES PROMULGATED BY THE STATE20
LICENSING AUTHORITY PURSUANT TO SECTION 44-10-203 (2)(d). PRIOR TO21
TAKING POSSESSION OF THE INDUSTRIAL HEMP PR ODUCT, AN INDEPENDENT22
DELIVERER SHALL VERIFY THE INDUSTRIAL HEMP PRODUCT PASSED ALL23
TESTING REQUIRED FOR RETAIL MARIJUANA PRODUCTS AT A LICENSED24
RETAIL MARIJUANA TESTING FACILITY AND THAT THE PERSON25
TRANSFERRING THE INDUSTRIAL HEMP PRODUCT HAS RECEIVED A26
REGISTRATION FROM THE DEPARTMENT OF PUBLIC HEALTH AND27
1020
-20- ENVIRONMENT PURSUANT TO SECTION 25-5-426.1
(II) ABSENT SAMPLING AND TESTING STANDARDS ESTABLISHED BY2
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE3
SAMPLING AND TESTING OF AN INDUSTRIAL HEMP PRODUCT, A PERSON4
TRANSFERRING AN INDUSTRIAL HEMP PR ODUCT TO AN INDEPENDENT5
DELIVERER PURSUANT TO THIS SECTION SHALL COMPLY WITH SAMPLING6
AND TESTING STANDARDS CONSISTENT WITH THOSE ESTABLISHED BY THE7
STATE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 10. THE STATE8
LICENSING AUTHORITY SHALL REPORT TO THE DEPARTMENT OF PUBLIC9
HEALTH AND ENVIRONMENT ANY INVESTIGATIONS OR FINDINGS OF10
VIOLATIONS OF THIS SECTION BY A PERSON REGISTERED PURSUANT TO11
SECTION 25-5-426.12
(d) WHEN COMPLETING A SALE OF RETAIL MARIJUANA13
CONCENTRATE, THE INDEPENDENT DELIVERER SHALL PROVIDE THE14
CUSTOMER WITH THE TANGIBLE EDUCATIONAL RESOURCE CREATED BY THE15
STATE LICENSING AUTHORITY THROUGH RULE -MAKING REGARDING THE16
USE OF RETAIL MARIJUANA CONCENTRATE .17
(4) ALL RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS18
SOLD BY AN INDEPENDENT DELIVERER MUST BE PACKAGED AND LABELED19
AS REQUIRED BY RULES OF THE STATE LICENSING AUTHORITY PURSUANT20
TO SECTION 44-10-203 (2)(f) AND (3)(b).21
(5) (a) AN INDEPENDENT DELIVERER SHALL ONLY SELL RETAIL22
MARIJUANA, RETAIL MARIJUANA PRODUCTS, MARIJUANA ACCESSORIES,23
NONCONSUMABLE PRODUCTS SUCH AS APPAREL, MARIJUANA-RELATED24
PRODUCTS SUCH AS CHILDPROOF PACKAGING CONTAINERS, AND25
INDUSTRIAL HEMP PRODUCTS. AN INDEPENDENT DELIVERER SHALL NOT26
SELL OR GIVE AWAY ANY CONSUMABLE PRODUCT, INCLUDING, BUT NOT27
1020
-21- LIMITED TO, CIGARETTES OR ALCOHOL, OR EDIBLE PRODUCTS THAT DO NOT1
CONTAIN MARIJUANA, INCLUDING, BUT NOT LIMITED TO, SODAS, CANDIES,2
OR BAKED GOODS.3
(b) AN INDEPENDENT DELIVERER SHALL NOT SELL ANY RETAIL4
MARIJUANA OR RETAIL MARIJUANA PRODUCTS THAT CONTAIN NICOTINE OR5
ALCOHOL IF THE SALE OF THE ALC OHOL WOULD REQUIRE A LICENSE6
PURSUANT TO ARTICLE 3, 4, 5, OR 7 OF THIS TITLE 44.7
(c) (I) A LICENSED INDEPENDENT DELIVERER MAY ACCEPT8
PAYMENT ONLINE FOR THE SALE OF RETAIL MARIJUANA AND RETAIL9
MARIJUANA PRODUCTS.10
(II) AT THE TIME OF AN ONLINE ORDER , THE INDEPENDENT11
RETAILER SHALL REQUIRE THE PURCHASING INDIVIDUAL TO PROVIDE12
INFORMATION NECESSARY TO VERIFY THAT THE INDIVIDUAL IS AT LEAST13
TWENTY-ONE YEARS OF AGE . AT A MINIMUM, THE INDEPENDENT14
DELIVERER SHALL REQUIRE THE INDIVIDUAL'S NAME, THE INDIVIDUAL'S15
DATE OF BIRTH, AND ANY OTHER INFORMATION REQUIRED BY THE STATE16
LICENSING AUTHORITY BY RULE. WHEN THE INDEPENDENT DELIVERER17
DELIVERS THE ONLINE ORDER, THE INDEPENDENT DELIVERER SHALL18
INSPECT THE INDIVIDUAL'S IDENTIFICATION. THE INDEPENDENT DELIVERER19
SHALL NOT TRANSFER POSSESSION OF THE ORDER UNLESS THE NAME AND20
DATE OF BIRTH PROVIDED AT THE TIME OF THE ORDER MATCHES THE NAME21
AND DATE OF BIRTH ON THE INDIVIDUAL'S IDENTIFICATION.22
(III) AN INDEPENDENT DELIVERER SHALL ENSURE THAT AN23
INDIVIDUAL PURCHASING RETAIL MARIJUANA OR RETAIL MARIJUANA24
PRODUCTS ONLINE IS PROVIDED WITH DIGITAL VERSIONS OF ALL WARNING25
OR EDUCATIONAL MATERIALS THAT THE INDEPENDENT DELIVERER IS26
REQUIRED TO POST AND PROVIDE PURSUANT TO SECTION 44-10-613 (3)(d)27
1020
-22- AND ANY ADDITIONAL RELEVANT WARNINGS OR EDUCATI ONAL1
MATERIALS, AS APPLICABLE. THE INDIVIDUAL MUST ACKNOWLEDGE2
RECEIPT OF THE WARNING AND EDUCATIONAL MATERIALS BEFORE3
COMPLETING THE PURCHASE .4
(6) RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS MUST5
NOT BE CONSUMED IN AN INDEPENDENT DELIVERER'S VEHICLE OR ON ANY6
LICENSED PREMISES.7
(7) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW,8
SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ARE NOT9
EXEMPT FROM STATE OR LOCAL SALES TAX .10
(8) A LISTING FOR SALE BY AN INDEPENDENT DELIVERER FOR11
RETAIL MARIJUANA CONCENTRATE MUST INCLUDE THE POTENCY OF THE12
RETAIL MARIJUANA CONCENTRATE NEXT TO THE NAME OF THE PRODUCT13
AND SAFETY WARNINGS AND HEALTH RISKS FOR RETAIL MARIJUANA14
CONCENTRATES PROMULGATED BY RULE .15
(9) (a) AN INDEPENDENT DELIVERER LICENSEE SHALL NOT MAKE16
DELIVERIES OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS TO17
INDIVIDUALS WHILE ALSO TRANSPORTING RETAIL MARIJUANA OR RETAIL18
MARIJUANA PRODUCTS BETWEEN LICENSEES' LICENSED PREMISES IN THE19
SAME VEHICLE.20
(b) AN INDEPENDENT DELIVERER LICENSEE SHALL NOT ENGAGE IN21
THIRD-PARTY BUSINESS-TO-BUSINESS LOGISTICS, DISTRIBUTION,22
DELIVERY, AND STORAGE OF RETAIL MARIJUANA AND RETAIL MARIJUANA23
PRODUCTS UNLESS IT ALSO OBTAINS A VALID TRANSPORTER LICENSE .24
(c) THE INDEPENDENT DELIVERER SHALL CHARGE A ONE-DOLLAR25
SURCHARGE ON EACH DELIVERY . THE INDEPENDENT DELIVERER SHALL26
REMIT THE SURCHARGES COLLECTED ON A MONTHLY BASIS TO THE27
1020
-23- MUNICIPALITY WHERE THE INDEPENDENT DELIVERY BUSINESS IS LOCATED ,1
OR TO THE COUNTY IF THE INDEPENDENT DELIVERY BUSINESS IS IN AN2
UNINCORPORATED AREA, FOR LOCAL LAW ENFORCEMENT COSTS RELATED3
TO MARIJUANA ENFORCEMENT. FAILURE TO COMPLY WITH THIS4
SUBSECTION (9)(c) MAY RESULT IN NONRENEWAL OF THE INDEPENDENT5
DELIVERY LICENSE.6
(d) AN INDEPENDENT DELIVERER MAY DELIVER RETAIL MARIJUANA7
AND RETAIL MARIJUANA PRODUCTS ONLY TO THE INDIVIDUAL WHO PLACED8
THE ORDER AND WHO:9
(I) IS TWENTY-ONE YEARS OF AGE OR OLDER;10
(II) RECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL11
MARIJUANA PRODUCTS PURSUANT TO RULES ; AND12
(III) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION .13
(e) ANY PERSON DELIVERING RETAIL MARIJUANA OR RETAIL14
MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE15
AND BE A CURRENT EMPLOYEE OF THE INDEPENDENT DELIVERER; MUST16
HAVE UNDERGONE TRAINING REGARDING PROOF-OF-AGE IDENTIFICATION17
AND VERIFICATION, INCLUDING ALL FORMS OF IDENTIFICATION THAT ARE18
DEEMED ACCEPTABLE BY THE STATE LICENSING AUTHORITY; AND MUST19
HAVE ANY OTHER TRAINING REQUIRED BY THE STATE LICENSING20
AUTHORITY.21
(f) IN ACCORDANCE WITH THIS SUBSECTION (9) AND RULES22
ADOPTED TO IMPLEMENT THIS SUBSECTION (9), AN INDEPENDENT23
DELIVERER:24
(I) SHALL NOT DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA25
PRODUCTS IN EXCESS OF THE AM OUNTS ESTABLISHED BY THE STATE26
LICENSING AUTHORITY;27
1020
-24- (II) SHALL DELIVER ONLY TO AN INDIVIDUAL AT THE ADDRESS1
PROVIDED IN THE ORDER;2
(III) SHALL NOT DELIVER MORE THAN ONCE PER DAY TO THE SAME3
INDIVIDUAL OR RESIDENCE;4
(IV) (A) SHALL DELIVER ONLY TO PRIVATE RESIDENCES ;5
(B) FOR PURPOSES OF THIS SECTION, "PRIVATE RESIDENCES"6
MEANS PRIVATE PREMISES WHERE A PERSON LIVES , SUCH AS A PRIVATE7
DWELLING PLACE OR PLACE OF HABITATION, AND SPECIFICALLY EXCLUDES8
ANY PREMISES LOCATED AT A SCHOOL OR ON THE CAMPUS OF AN9
INSTITUTION OF HIGHER EDUCATION, OR ANY OTHER PUBLIC PROPERTY;10
(V) SHALL DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA11
PRODUCTS ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION12
AND THE RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTION13
44-10-203 (2)(dd);14
(VI) SHALL USE AN EMPLOYEE TO CONDUCT DELIVERIES ; AND15
(VII) SHALL USE AN ASSOCIATED LICENSED PREMISES TO STORE,16
PACKAGE, AND LABEL THE RETAIL MARIJUANA OR RETAIL MARIJUANA17
PRODUCTS.18
(g) (I) AT THE TIME OF THE ORDER, THE INDEPENDENT DELIVERER19
SHALL REQUIRE THE INDIVIDUAL TO PROVIDE INFORMATION NECESSARY TO20
VERIFY THE INDIVIDUAL IS AT LEAST TWENTY-ONE YEARS OF AGE. THE21
PROVIDED INFORMATION MUST, AT A MINIMUM, INCLUDE THE FOLLOWING:22
(A) THE INDIVIDUAL'S NAME AND DATE OF BIRTH;23
(B) THE ADDRESS OF THE RESIDENCE WHERE THE ORDER IS24
DELIVERED; AND25
(C) ANY OTHER INFORMATION REQUIRED BY STATE LICENSING26
AUTHORITY RULE.27
1020
-25- (II) PRIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN1
INDIVIDUAL, THE INDEPENDENT DELIVERER DELIVERING THE ORDER SHALL2
INSPECT THE INDIVIDUAL'S IDENTIFICATION AND VERIFY THAT THE3
INFORMATION PROVIDED AT THE TIME THE ORDER IS PLACED MATCHES THE4
NAME AND AGE ON THE INDIVIDUAL 'S IDENTIFICATION.5
(h) THE INDEPENDENT DELIVERER SHALL NOT SELL RETAIL6
MARIJUANA OR RETAIL MARIJUANA PRODUCTS DIRECTLY FROM THE7
DELIVERY VEHICLE.8
(i) (I) UNLESS OTHERWISE PROVIDED BY THE STATE LICENSING9
AUTHORITY BY RULES PROMULGATED PURSUANT TO THIS ARTICLE 10, ALL10
REQUIREMENTS APPLICABLE TO OTHER LICENSES ISSUED PURSUANT TO11
THIS ARTICLE 10 MAY APPLY TO THE DELIVERY OF RETAIL MARIJUANA AND12
RETAIL MARIJUANA PRODUCTS, INCLUDING, BUT NOT LIMITED TO,13
INVENTORY TRACKING, TRANSPORTATION, AND PACKAGING AND LABELING14
REQUIREMENTS.15
(II) THE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED16
PURSUANT TO SECTION 44-10-203 (3)(a) APPLY TO INDEPENDENT17
DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (9).18
(j) IT IS NOT A VIOLATION OF ANY PROVISION OF STATE CIVIL OR19
CRIMINAL LAW FOR AN INDEPENDENT DELIVERER, OR SUCH PERSON WHO20
HAS MADE TIMELY AND SUFFICIENT APPLICATION FOR THE RENEWAL OF AN21
INDEPENDENT DELIVERY LICENSE, OR ITS LICENSEES, TO POSSESS,22
TRANSPORT, AND DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA23
PRODUCTS IN AMOUNTS THAT DO NOT EXCEED AMOUNTS ESTABLISHED BY24
THE STATE LICENSING AUTHORITY.25
(k) A LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST STATE26
LICENSING AUTHORITY REPORTS, INCLUDING COMPLAINTS, INVESTIGATIVE27
1020
-26- ACTION, AND FINAL AGENCY ACTION ORDERS, RELATED TO CRIMINAL1
ACTIVITY MATERIALLY RELATED TO RETAIL MARIJUANA DELIVERY IN THE2
LAW ENFORCEMENT AGENCY'S JURISDICTION, AND THE STATE LICENSING3
AUTHORITY SHALL PROMPTLY PROVIDE ANY REPORTS IN ITS POSSESSION4
FOR THE LAW ENFORCEMENT AGENCY 'S JURISDICTION.5
(l) (I) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION,6
DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJU ANA PRODUCTS IS NOT7
PERMITTED IN ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY UNLESS8
THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY, BY EITHER A9
MAJORITY OF THE REGISTERED ELECTORS OF THE MUNICIPALITY, COUNTY,10
OR CITY AND COUNTY VOTING AT A REGULAR ELECTION OR SPECIAL11
ELECTION CALLED IN ACCORDANCE WITH THE "COLORADO MUNICIPAL12
ELECTION CODE OF 1965", ARTICLE 10 OF TITLE 31, OR THE "UNIFORM13
ELECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, AS APPLICABLE,14
OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE15
MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTE TO ALLOW THE16
DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS17
PURSUANT TO THIS SECTION.18
(II) AN ORDINANCE ADOPTED PURSUANT TO SUBSECTION (9)(l)(I)19
OF THIS SECTION MAY PROHIBIT DELIVERY OF RETAIL MARIJUANA AND20
RETAIL MARIJUANA PRODUCTS FROM AN INDEPENDENT DELIVERER THAT21
IS OUTSIDE A MUNICIPALITY'S, COUNTY'S, CITY'S, OR CITY AND COUNTY'S22
JURISDICTIONAL BOUNDARIES TO AN ADDRESS WITHIN ITS JURISDICTIONAL23
BOUNDARIES.24
(m) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,25
DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS IS NOT26
PERMITTED AT ANY SCHOOL OR ON THE CAMPUS OF ANY INSTITUTION OF27
1020
-27- HIGHER EDUCATION.1
(n) THE STATE LICENSING AUTHORITY MAY BEGIN ISSUING2
INDEPENDENT DELIVERY LICENSES TO QUALIFIED INDEPENDENT3
DELIVERER APPLICANTS ON AND AFTER, BUT NOT EARLIER THAN, MARCH4
1, 2024.5
(10) AN ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY6
OPERATE WITH AN INDEPENDENT DELIVERY LICENSEE IF BEFORE AN7
ACCELERATOR INDEPENDENT DELIVERY LICENSEE OPERATES, THE8
INDEPENDENT DELIVERY LICENSEE HAS ITS PREMISES ENDORSED9
PURSUANT TO RULE AND EACH ACCELERATOR INDEPENDENT DELIVERY10
LICENSEE IS APPROVED TO OPERATE WITH THE ENDORSED LICENSEE .11
(11) AN INDEPENDENT DELIVERY LICENSEE THAT HOSTS AN12
ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY , PURSUANT TO13
RULE, PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL14
ASSISTANCE TO AN ACCELERATOR INDEPENDENT DELIVERY LICENSEE15
OPERATING ON ITS PREMISES WITH SHARED OPERATIONS PRIVILEGES .16
(12) AN INDEPENDENT DELIVERY LICENSEE THAT HOSTS AN17
ACCELERATOR INDEPENDENT DELIVERER MAY BE ELIGIBLE FOR18
INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE19
OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE,20
INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR21
LICENSE FEES.22
SECTION 14. In Colorado Revised Statutes, add 44-10-614 as23
follows:24
44-10-614. Retail marijuana accelerator independent delivery25
license - repeal. (1) A RETAIL MARIJUANA ACCELERATOR INDEPENDENT26
DELIVERY LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO27
1020
-28- EXERCISE THE PRIVILEGES OF A RETAIL MARIJUANA INDEPENDENT1
DELIVERY LICENSEE ON THE PREMISES OF AN ACCELERATOR -ENDORSED2
INDEPENDENT DELIVERY LICENSEE . THE RETAIL MARIJUANA3
ACCELERATOR INDEPENDENT DELIVERY LICENSEE MAY RECEIVE4
TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FROM THE RETAIL5
MARIJUANA INDEPENDENT DELIVERY LICENSEE WITH AN ACCELERATOR6
ENDORSEMENT.7
(2) THE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING8
APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR INDEPENDENT9
DELIVERY LICENSES ON MARCH 1, 2024.10
SECTION 15. In Colorado Revised Statutes, add 44-10-615 as11
follows:12
44-10-615. Retail marijuana accelerator transporter license.13
(1) A RETAIL MARIJUANA ACCELERATOR TRANSPORTER LICENSE MAY BE14
ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE PRIVILEGES OF A15
RETAIL MARIJUANA TRANSPORTER LICENSEE ON THE PREMISES OF AN16
ACCELERATOR-ENDORSED TRANSPORTER LICENSEE . THE RETAIL17
MARIJUANA ACCELERATOR TRANSPORTER LICENSEE MAY RECEIVE18
TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FROM THE RETAIL19
MARIJUANA TRANSPORTER LICENSEE WITH AN ACCELERATOR20
ENDORSEMENT.21
(2) THE STATE LICENSING AUTHORITY MAY BEGIN ACCEPTING22
APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR TRANSPORTER23
LICENSES ON MARCH 1, 2024.24
SECTION 16. In Colorado Revised Statutes, 44-10-1401, amend25
(2) as follows:26
44-10-1401. Sunset review - repeal of article. (2) Prior to the27
1020
-29- repeal of this article 10, the department of regulatory agencies shall1
conduct a sunset review as described in section 24-34-104 (5). AS A PART2
OF THE SUNSET REVIEW, THE DEPARTMENT OF REGULATORY AGENCIES3
SHALL ANALYZE , EVALUATE, AND SUBMIT RECOMMENDATIONS4
CONCERNING SOCIAL EQUITY LICENSING AND THE INDEPENDENT DELIVERY5
LICENSE.6
SECTION 17. In Colorado Revised Statutes, 24-34-104, amend7
(29)(a)(XII) as follows:8
24-34-104. General assembly review of regulatory agencies9
and functions for repeal, continuation, or reestablishment -10
legislative declaration - repeal. (29) (a) The following agencies,11
functions, or both, are scheduled for repeal on September 1, 2028:12
(XII) The "Colorado Marijuana Code", article 10 of title 44,13
INCLUDING SOCIAL EQUITY LICENSING AND THE INDEPENDENT DELIVERY14
LICENSE;15
SECTION 18. In Colorado Revised Statutes, 24-48.5-128, add16
(3)(e) as follows:17
24-48.5-128. Program - marijuana entrepreneurs - social18
equity licensees - committee - report - marijuana entrepreneur fund19
- creation - legislative declaration - definitions. (3) Loans, grants,20
and technical assistance. (e) (I) THERE IS CREATED IN THE OFFICE THE21
PROGRAM GRANT COMMITTEE THAT IS RESPONSIBLE FOR REVIEWING22
GRANT APPLICATIONS, SELECTING GRANT RECIPIENTS, AND DETERMINING23
GRANT AWARDS ISSUED PURSUANT TO THIS SECTION. ON OR BEFORE24
SEPTEMBER 1, 2023, OR UPON REAUTHORIZATION OF THE PROGRAM, THE25
OFFICE DIRECTOR SHALL APPOINT THE FOLLOWING MEMBERS TO SERVE ON26
THE COMMITTEE:27
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LOCATED AND OPERATING IN COLORADO;2
(B) FIVE PERSONS WITH EXPERIENCE REPRESENTING MARIJUANA3
LICENSEES; AND4
(C) FIVE PERSONS WHO ARE INTERESTED COMMUNITY MEMBERS.5
(II) TO THE EXTENT PRACTICABLE , THE MEMBERSHIP OF THE6
COMMITTEE MUST INCLUDE PERSONS FROM THROUGHOUT THE STATE AND7
REFLECT THE RACIAL, ETHNIC, AND GEOGRAPHIC DIVERSITY OF THE STATE.8
(III) THE MEMBERSHIP OF THE COMMITTEE MUST INCLUDE NOT9
MORE THAN THREE LICENSEES, AS DEFINED BY SECTION 44-10-103 (25).10
(IV) MEMBERS OF THE COMMITTEE SERVE TWO-YEAR TERMS AND11
MAY BE REAPPOINTED FOR AN ADDITIONAL TWO-YEAR TERM. MEMBERS12
OF THE COMMITTEE SERVE AT THE PLEASURE OF THE OFFICE DIRECTOR. IF13
A MEMBER OF THE COMMITTEE LEAVES THE COMMITTEE PRIOR TO THE14
EXPIRATION OF THE MEMBER 'S TERM, THE OFFICE DIRECTOR SHALL15
APPOINT A NEW MEMBER TO SERVE FOR THE REMAINDER OF THE TERM .16
(V) MEMBERS OF THE COMMITTEE SERVE WITHOUT17
COMPENSATION OR REIMBURSEMENT OF EXPENSES .18
SECTION 19. In Colorado Revised Statutes, 39-28.8-202,19
amend (1)(a)(I) as follows:20
39-28.8-202. Retail marijuana sales tax. (1) (a) (I) In addition21
to the tax imposed pursuant to part 1 of article 26 of this title 39 and the22
sales tax imposed by a local government pursuant to title 29, 30, 31, or23
32, but except as otherwise set forth in subsections (1)(a)(II) and24
(1)(a)(III) of this section, beginning January 1, 2014, and through June25
30, 2017, there is imposed upon all RETAIL sales of retail marijuana and26
retail marijuana products by a retailer a tax at the rate of ten percent of27
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sales of retail marijuana and retail marijuana products by a retailer a tax2
at the rate of fifteen percent of the amount of the sale. The tax imposed3
by this section is computed in accordance with schedules or forms4
prescribed by the executive director of the department; except that a retail5
marijuana store RETAILER is not allowed to retain any portion of the retail6
marijuana sales tax collected pursuant to this part 2 to cover the expenses7
of collecting and remitting the tax. The executive director may8
promulgate rules to implement this section.9
SECTION 20. Appropriation. (1) For the 2023-24 state fiscal10
year, $330,625 is appropriated to the marijuana cash fund created in11
section 44-10-801 (1)(a), C.R.S. This appropriation is from the general12
fund. The department of revenue is responsible for the accounting related13
to this appropriation.14
(2) For the 2023-24 state fiscal year, $330,625 is appropriated to15
the department of revenue. This appropriation is from reappropriated16
funds in the marijuana cash funds fund under subsection (1) of this17
section. Any money appropriated in this subsection (2) not expended18
prior to July 1, 2024, is further appropriated to the department for the19
2024-25 state fiscal year for the same purposes. To implement this act,20
the department may use the appropriation as follows:21
(a) $216,426 for marijuana enforcement, which amount is based22
on an assumption that the department will require an additional 1.1 FTE;23
and24
(b) $114,199 for the purchase of legal services.25
(3) For the 2023-24 state fiscal year, $114,199 is appropriated to26
the department of law. This appropriation is from reappropriated funds27
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section and is based on an assumption that the department of law will2
require an additional 0.4 FTE. To implement this act, the department of3
law may use this appropriation to provide legal services for the4
department of revenue. Any money appropriated in this subsection (3) not5
expended prior to July 1, 2024, is further appropriated to the department6
for the 2024-25 state fiscal year for the same purpose.7
SECTION 21. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article11
V of the state constitution against this act or an item, section, or part of12
this act within such period, then the act, item, section, or part will not13
take effect unless approved by the people at the general election to be14
held in November 2024 and, in such case, will take effect on the date of15
the official declaration of the vote thereon by the governor.16
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