Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0021.02 Jacob Baus x2173 HOUSE BILL 24-1061 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING MEASURES RELATED TO THE MARIJUANA INDUSTRY , AND,101 IN CONNECTION THEREWITH , REFORMING THE SOCIAL EQUITY102 PROGRAM; CREATING INDEPENDENT DELIVERY LICENSES FOR103 SOCIAL EQUITY LICENSEES; CREATING ACCELERATOR LICENSES104 FOR SOCIAL EQUITY LICENSEES ; EXPANDING PERMISSIBLE105 DELIVERY LOCATIONS; ALLOWING A MARIJUANA HOSPITALITY106 BUSINESS THAT IS MOBILE TO SUSPEND ITS LICENSE PRIVILEGES107 TO PERFORM NON -MARIJUANA COMMERCIAL ACTIVITIES ;108 CREATING REPORTING REQUIR EMENTS CONCERNING SOCIAL109 EQUITY LICENSES; REFORMING SOCIAL EQUITY LICENSE110 ELIGIBILITY REQUIREMENTS ; ELIMINATING A DELIVERY111 SURCHARGE; REQUIRING A SUNSET REVIEW OF THE "COLORADO112 M ARIJUANA CODE" TO REVIEW CERTAIN SOCIAL EQUITY113 HOUSE SPONSORSHIP Ricks and English, SENATE SPONSORSHIP (None), 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. MATTERS; PROVIDING GRANTS TO LOCAL JURISDICTIONS THAT101 ESTABLISH A SOCIAL EQUITY PROGRAM ; CREATING AN INCOME102 TAX CREDIT FOR ACCELERATOR -ENDORSED LICENSEES ; AND103 CLARIFYING MARIJUANA RETAILER SALES TAX REQUIREMENTS . 104 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 a medical marijuana independent delivery license and a retail marijuana independent delivery license (licenses) to deliver and sell respective marijuana and marijuana products to consumers at permissible delivery locations. A person must have a social equity license to be issued the licenses. The department of revenue (department) is required to promulgate rules concerning the licenses. The bill creates an accelerator independent deliverer license, accelerator hospitality business license, and accelerator transporter license for social equity licensees qualified to participate in the accelerator program. The bill defines "permissible delivery locations" to establish where licensees with delivery privileges may deliver to consumers. The bill adds mandatory and permissive rule-making authority to the department concerning social-equity-related matters. The bill allows a marijuana hospitality licensee with a mobile facility to temporarily suspend its license privileges related to mobility in order to conduct non-marijuana commercial activities. The bill adds mandatory rule-making authority to the department concerning these matters. Beginning January 31, 2026, the bill requires the state licensing authority to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity or accelerator licenses and licensees, recommendations for new social equity or accelerator licenses, and recommendations for new or innovative funding sources for the social equity program. The department is required to convene a new, or utilize an existing, working group of persons to develop recommendations for the annual report. Effective April 1, 2025, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The new eligibility HB24-1061-2- requirements do not apply to licensee applications or licenses issued before April 1, 2025, except for a limited exception. The bill eliminates the $1 surcharge applied on deliveries. The bill requires the department of regulatory agencies, as part of its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the licenses. Under current law, there is the marijuana entrepreneur fund within the office of economic development that provides grants and loans to support marijuana industry entrepreneurs. The bill creates a new permissible grant for local jurisdictions that establish a social equity licensing program. The bill creates a tax credit for an accelerator-endorsed licensee who hosts and offers technical and capital support to a social equity licensee for at least 12 consecutive months. An eligible accelerator-endorsed licensee may claim up to $50,000 and may carry it forward as a credit against subsequent years' income tax liability for a period not exceeding 5 years. The tax credit may be claimed for tax years 2026 through 2035. The bill amends the statutory provision concerning the retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 44-10-103, amend2 (2), (35), (58), and (68.5); and add (2.3), (2.7), (4.7), (37.5), (46.5), and3 (60.7) as follows:4 44-10-103. Rules - definitions. As used in this article 10, unless5 the context otherwise requires: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 RETAIL MARIJUANA INDEPENDENT DELIVERER THAT has, pursuant to rule,11 been endorsed to host and offer technical and capital support to a social12 equity licensee pursuant to the requirements of the accelerator program13 HB24-1061-3- established pursuant to this article 10.1 (2.3) "A CCELERATOR HOSPITALITY BUSINESS " 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 A MARIJUANA5 HOSPITALITY BUSINESS ON THE PREMISES OF AN ACCELERATOR -ENDORSED6 MARIJUANA HOSPITALITY BUSINESS LICENSEE .7 (2.7) "A CCELERATOR INDEPENDENT DELIVERER " MEANS A SOCIAL8 EQUITY LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR9 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED10 PURSUANT TO RULE TO EXERCISE THE PRIVILEGES OF AN INDEPENDENT11 DELIVERER.12 (4.7) "A CCELERATOR TRANSPORTER " MEANS A SOCIAL EQUITY13 LICENSEE QUALIFIED TO PARTICIPATE IN THE ACCELERATOR PROGRAM14 ESTABLISHED PURSUANT TO THIS ARTICLE 10 AND AUTHORIZED PURSUANT15 TO RULE TO EXERCISE THE PRIVILEGES OF THE ACCELERATOR -ENDORSED16 RETAIL MARIJUANA TRANSPORTER LICENSEE .17 (35) "Medical marijuana business" means any of the following18 entities licensed pursuant to this article 10: A medical marijuana store, a19 medical marijuana cultivation facility, a medical marijuana products20 manufacturer, a medical marijuana testing facility, a marijuana research21 and development licensee, a medical marijuana business operator, or a22 medical marijuana transporter, OR A MEDICAL MARIJUANA INDEPENDENT23 DELIVERER.24 (37.5) "M EDICAL MARIJUANA INDEPENDENT DELIVERER " MEANS25 A PERSON LICENSED TO DELIVER AND SELL MEDICAL MARIJUANA AND26 MEDICAL MARIJUANA PRODUCTS TO CONSUMERS AT THE PERMISSIBLE27 HB24-1061 -4- DELIVERY LOCATIONS PURSUANT TO THIS ARTICLE 10, RULES1 PROMULGATED PURSUANT TO THIS ARTICLE 10, AND THE PROVISIONS OF2 AN ENACTED, INITIATED, OR REFERRED ORDINANCE OR RESOLUTION OF THE3 LOCAL JURISDICTION WHERE THE LICENSEE OPERATES .4 (46.5) (a) "P ERMISSIBLE DELIVERY LOCATION" MEANS:5 (I) A PRIVATE RESIDENCE, INCLUDING, BUT NOT LIMITED TO, A6 SINGLE FAMILY RESIDENCE, CONDOMINIUM, APARTMENT, MOBILE HOME,7 MANUFACTURED HOME , COMMUNITY-LIVING UNIT, ASSISTED-LIVING UNIT,8 OR SENIOR-LIVING FACILITY UNIT;9 (II) A MARIJUANA HOSPITALITY BUSINESS LICENSED PREMISES ; OR10 (III) A N ESTABLISHMENT IN THE BUSINESS OF OFFERING11 OVERNIGHT ROOM ACCOMMODATIONS .12 (b) "P ERMISSIBLE DELIVERY LOCATION" DOES NOT MEAN:13 (I) A PREMISES LOCATED AT A SCHOOL OR ON THE CAMPUS OF AN14 INSTITUTION OF HIGHER EDUCATION, OR ANY OTHER PUBLIC PROPERTY;15 (II) AN ESTABLISHMENT IN THE BUSINESS OF OFFERING OVERNIGHT16 ROOM ACCOMMODATIONS THAT OPERATES A LICENSE OR PERMIT ISSUED17 PURSUANT TO ARTICLE 3, 4, OR 5 OF THIS TITLE 44;18 (III) A MARIJUANA HOSPITALITY BUSINESS THAT IS MOBILE ; OR19 (IV) A N ESTABLISHMENT DEFINED IN SUBSECTION (46.5)(a)(II) OR20 (46.5)(a)(III) OF THIS SECTION THAT, PURSUANT TO RULE, PROVIDES A21 WRITTEN NOTICE TO THE STATE LICENSING AUTHORITY TO OPT OUT OF22 HAVING MARIJUANA DELIVERIES RECEIVED ON ITS PREMISES .23 (58) "Retail marijuana business" means a retail marijuana store,24 a retail marijuana cultivation facility, a retail marijuana products25 manufacturer, a marijuana hospitality business, a retail marijuana26 hospitality and sales business, a retail marijuana testing facility, a retail27 HB24-1061 -5- marijuana business operator, or a retail marijuana transporter, OR A1 RETAIL MARIJUANA INDEPENDENT DELIVERER licensed pursuant to this2 article 10.3 (60.7) "R ETAIL MARIJUANA INDEPENDENT DELIVERER " MEANS A4 PERSON LICENSED TO DELIVER AND SELL RETAIL MARIJUANA AND RETAIL5 MARIJUANA PRODUCTS TO CONSUMERS AT PERMISSIBLE DELIVERY6 LOCATIONS PURSUANT TO THIS ARTICLE 10, RULES PROMULGATED7 PURSUANT TO THIS ARTICLE 10, AND THE PROVISIONS OF AN ENACTED ,8 INITIATED, OR REFERRED ORDINANCE OR RESOLUTION OF THE LOCAL9 JURISDICTION WHERE THE LICENSEE OPERATES .10 (68.5) "Social equity licensee" means a natural person who meets11 the criteria established pursuant to section 44-10-308. (4) A person12 qualified as a social equity licensee may participate in the accelerator13 program established pursuant to this article 10 or may hold a regulated14 marijuana business license or permit issued pursuant to this article 10.15 SECTION 2. In Colorado Revised Statutes, 44-10-104, amend16 (2)(a) as follows:17 44-10-104. Applicability - medical marijuana - retail18 marijuana. (2) (a) A person applying for licensure pursuant to this19 article 10 must complete forms as provided by the state licensing20 authority and must pay the application fee and the licensing fee, which21 must be credited to the marijuana cash fund established pursuant to22 section 44-10-801. The state licensing authority shall forward, within23 seven days after receipt, one-half of the retail marijuana business license24 application fee to the local jurisdiction unless the application is for an25 accelerator cultivator, accelerator manufacturer, or accelerator store,26 ACCELERATOR HOSPITALITY BUSINESS , ACCELERATOR TRANSPORTER , OR27 HB24-1061 -6- ACCELERATOR INDEPENDENT DELIVERER license, or unless the local1 jurisdiction has prohibited the operation of retail marijuana businesses2 pursuant to section 16 (5)(f) of article XVIII of the state constitution. If3 the license is denied, the state licensing authority may MUST refund only4 the licensing fee to the applicant. The applicant's application fees must be5 retained by the state licensing authority, and a local licensing authority6 may retain the applicant's application fees.7 SECTION 3. In Colorado Revised Statutes, 44-10-203, amend8 (2)(aa), (2)(dd) introductory portion, (2)(gg)(V), and (2)(gg)(VI); and add9 (1)(j.3), (2)(gg)(VII), (2)(kk), and (2)(ll) as follows:10 44-10-203. State licensing authority - rules. (1) Permissive11 rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c)12 may include, but need not be limited to, the following subjects:13 (j.3) T HE DOCUMENTATION A PERSON APPLYING TO BE A SOCIAL14 EQUITY LICENSEE MUST PROVIDE AND THE DOCUMENTATION VERIFICATION15 THE STATE LICENSING AUTHORITY MUST PERFORM . THE RULES MAY16 ALLOW A SOCIAL EQUITY LICENSEE APPLICANT TO ATTEST THAT THE17 APPLICANT SATISFIES THE ELIGIBILITY CRITERIA PURSUANT TO SECTION18 44-10-308 (5)(b)(I)(A), (5)(b)(III)(A), AND (6). THE RULES MAY ALLOW19 A SOCIAL EQUITY LICENSEE APPLICANT TO ATTEST THAT THE APPLICANT20 SATISFIES THE ELIGIBILITY CRITERIA PURSUANT TO SECTION 44-10-30821 (5)(b)(IV) IF THE APPLICANT IS UNABLE TO PROVIDE THE APPLICANT 'S22 DISCHARGE DOCUMENT DD214 OR DD256 TO THE STATE LICENSING23 AUTHORITY.24 (2) Mandatory rule-making. Rules promulgated pursuant to25 section 44-10-202 (1)(c) must include but need not be limited to the26 following subjects:27 HB24-1061 -7- (aa) The implementation of an accelerator program including, but1 not limited to, rules to establish requirements for social equity licensees2 operating on the same licensed premises or on separate premises3 possessed by an accelerator-endorsed licensee. T HE RULES MUST ALLOW4 AN ACCELERATOR-ENDORSED LICENSEE TO HOST AND OFFER TECHNICAL5 AND CAPITAL SUPPORT TO MULTIPLE SOCIAL EQUITY LICENSEES OF THE6 SAME LICENSE TYPE. The state licensing authority's rules establishing an7 accelerator program may include requirements for severed custodianship8 of regulated marijuana products, protections of the intellectual property9 of a social equity licensee, AND incentives for accelerator-endorsed10 licensees. and additional requirements if a person applying for an 11 accelerator endorsement has less than two years' experience operating a12 licensed facility pursuant to this article 10. An accelerator-endorsed13 licensee is not required to exercise the privileges of its license on the14 premises where a social equity licensee operates. The state licensing15 authority's implementation of an accelerator program is extended from16 July 1, 2020, to January 1, 2021.17 (dd) Requirements for medical marijuana and medical marijuana18 products delivery as described in section SECTIONS 44-10-501 (11) and19 section 44-10-505 (5) and retail marijuana and retail marijuana products20 delivery as described in section SECTIONS 44-10-601 (13), and section21 44-10-605 (5), AND 44-10-614, including:22 (gg) For marijuana hospitality businesses that are mobile,23 regulations including but not limited to:24 (V) Ensuring activity is not visible outside of the vehicle; and 25 (VI) Proper ventilation within the vehicle; AND26 (VII) P ROCEDURES AND REQUIREMENTS THAT ALLOW A27 HB24-1061 -8- MARIJUANA HOSPITALITY LICENSEE WITH A MOBILE FACILITY TO1 TEMPORARILY SUSPEND ITS LICENSE PRIVILEGES RELATED TO MOBILITY2 FOR THE PURPOSE OF CONDUCTING NON -MARIJUANA COMMERCIAL3 ACTIVITIES THAT ARE PERMITTED BY THE PUBLIC UTILITIES COMMISSION ,4 CREATED IN SECTION 40-2-101, WITHIN THE MOBILE FACILITY.5 (kk) I NDEPENDENT DELIVERY LICENSES , INCLUDING:6 (I) P ROCEDURES FOR A SOCIAL EQUITY LICENSEE WHO HOLDS A7 MEDICAL MARIJUANA TRANSPORTER LICENSE AND MEDICAL MARIJUANA8 DELIVERY PERMIT TO CONVERT TO A MEDICAL MARIJUANA INDEPENDENT9 DELIVERY LICENSE PRIOR TO APRIL 1, 2025, AND PROCEDURES FOR A10 SOCIAL EQUITY LICENSEE WHO HOLDS A RETAIL MARIJUANA TRANSPORTER11 LICENSE AND A RETAIL MARIJUANA DELIVERY PERMIT TO CONVERT TO A12 RETAIL MARIJUANA INDEPENDENT DELIVERY LICENSE PRIOR TO APRIL 1,13 2025;14 (II) P ROCEDURES FOR A SOCIAL EQUITY LICENSEE TO APPLY FOR A15 INDEPENDENT DELIVERY LICENSE ;16 (III) R EQUIREMENTS AND CONDITIONS UNDER WHICH A MEDICAL17 MARIJUANA INDEPENDENT DELIVERER OR RETAIL MARIJUANA18 INDEPENDENT DELIVERER MAY PURCHASE , STORE, AND CONDUCT SALES OF19 MARIJUANA AND MARIJUANA PRODUCTS ;20 (IV) R EQUIREMENTS AND CONDITIONS UNDER WHICH A MEDICAL21 MARIJUANA INDEPENDENT DELIVERER OR RETAIL MARIJ UANA22 INDEPENDENT DELIVERER MAY CONTRACT WITH ANOTHER MEDICAL23 MARIJUANA INDEPENDENT DELIVERER OR RETAIL MARIJ UANA24 INDEPENDENT DELIVERER TO SHARE A LICENSED PREMISES FOR THE25 PURPOSES OF STORING MARIJUANA AND MARIJUANA PRODUCTS , INCLUDING26 TRACKING AND RECORD -KEEPING REQUIREMENTS FOR SEPARATE27 HB24-1061 -9- INVENTORY;1 (V) R EQUIREMENTS FOR SAFETY AND SECURITY OF THE2 AUTHORIZED STORAGE FACILITY ;3 (VI) P ROCEDURES AND REQUIREMENTS TO ENSURE THAT THE4 MEDICAL MARIJUANA INDEPENDENT DELIVERER OR RETAIL MARIJUANA5 INDEPENDENT DELIVERER HOLDS NOT LESS THAN FIFTY -ONE PERCENT OF6 THE BENEFICIAL OWNERSHIP, INCLUDING REQUIREMENTS FOR DISCLOSING7 CONTRACTUAL AND OPERATIONAL AGREEMENTS ; AND8 (VII) P ROCEDURES AND REQUIREMENTS FOR AN APPLICANT TO9 PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES , INCLUDING AN10 AUTHORIZED STORAGE FACILITY .11 (ll) P ROCEDURES AND REQUIREMENTS FOR AN ESTABLISHMENT12 DEFINED IN SECTION 44-10-103 (46.5)(a)(II) OR (46.5)(a)(III) TO PROVIDE13 WRITTEN NOTICE TO THE STATE LICENSING AUTHORITY TO OPT OUT OF ,14 AND SUBSEQUENTLY OPT IN TO, RECEIVING MARIJUANA DELIVERIES ON ITS15 PREMISES.16 SECTION 4. In Colorado Revised Statutes, add 44-10-210 as17 follows:18 44-10-210. Social equity report. (1) O N OR BEFORE JANUARY 31,19 2026, AND ON OR BEFORE JANUARY 31 EACH YEAR THEREAFTER , THE20 STATE LICENSING AUTHORITY SHALL SUBMIT A REPORT CONCERNING21 SOCIAL EQUITY LICENSEES TO THE FINANCE COMMITTEES OF THE HOUSE OF22 REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES . AT23 A MINIMUM, THE REPORT MUST INCLUDE:24 (a) T HE TOTAL NUMBER OF BUSINESSES LICENSED PURSUANT TO25 THIS ARTICLE 10 THAT ARE MAJORITY OWNED BY A SOCIAL EQUITY26 APPLICANT OR LICENSEE, AND THE TOTAL NUMBER OF THOSE BUSINESSES27 HB24-1061 -10- THAT ARE OPERATIONAL;1 (b) T HE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSEES ;2 (c) T HE TOTAL NUMBER OF ACTIVE SOCIAL EQUITY LICENSEES3 THAT ARE OPERATIONAL;4 (d) T HE TOTAL NUMBER OF SOCIAL EQUITY LICENSEES THAT ARE5 ENDORSED BY EACH ACCELERATOR -ENDORSED LICENSE TYPE;6 (e) T HE INCENTIVES AND ANY ASSOCIATED CRITERIA DEVELOPED7 BY THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-10-3088 (8);9 (f) R ECOMMENDATIONS FOR NEW SOCIAL EQUITY OR10 ACCELERATOR LICENSE TYPES; AND11 (g) R ECOMMENDATIONS FOR NEW OR INNOVATIVE FUNDING12 SOURCES FOR THE SOCIAL EQUITY PROGRAM .13 (2) T HE STATE LICENSING AUTHORITY SHALL CONVENE A NEW , OR14 UTILIZE AN EXISTING, WORKING GROUP OF PERSONS INTERESTED IN SOCIAL15 EQUITY OPPORTUNITIES AND THE ACCELERATOR PROGRAM ESTABLISHED16 PURSUANT TO THIS ARTICLE 10 FOR THE PURPOSE OF DEVELOPING17 RECOMMENDATIONS PURS UANT TO SUBSECTIONS (1)(f) AND (1)(g) OF THIS18 SECTION.19 (3) N OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13620 (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT DESCRIBED IN THIS21 SECTION CONTINUES INDEFINITELY.22 SECTION 5. In Colorado Revised Statutes, 44-10-308, amend23 (4) introductory portion and (5); and add (4.5), (6), (7), and (8) as24 follows:25 44-10-308. Business and owner requirements - rules -26 legislative declaration - definition. (4) Effective January 1, 2021,27 HB24-1061 -11- THROUGH MARCH 31, 2025, a person who qualifies as a social equity1 licensee PURSUANT TO THIS SUBSECTION (4) may apply for any regulated2 marijuana business license or permit, including, but not limited to,3 accelerator store, accelerator cultivator, and accelerator manufacturer4 licenses issued pursuant to this article 10. A PERSON WHO QUALIFIES AS5 A SOCIAL EQUITY LICENSEE PURSUANT TO THIS SUBSECTION (4) MAY APPLY6 FOR ANY REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT ON OR7 AFTER APRIL 1, 2025, WITHOUT HAVING TO QUALIFY AS A SOCIAL EQUITY8 LICENSEE PURSUANT TO SUBSECTION (5) OF THIS SECTION, UNLESS THE9 QUALIFICATION PURSUANT TO THIS SUBSECTION (4) IS BASED ON THE10 SOCIAL EQUITY LICENSEE'S INCOME. A person qualifies as a social equity11 licensee if such THE person meets the following criteria, in addition to any12 criteria established by rule: of the state licensing authority:13 (4.5) S UBSECTION (4) OF THIS SECTION APPLIES TO A SOCIAL14 EQUITY LICENSE APPLICATION RECEIVED ON OR BEFORE MARCH 31, 2025,15 AND TO THE RENEWAL OF A LICENSE ISSUED TO A SOCIAL EQUITY LICENSEE16 ON OR BEFORE MARCH 31, 2025.17 (5) A person who meets the criteria in this section for a social 18 equity licensee, pursuant to rule and agency discretion, may be eligible for19 incentives available through the department of revenue or office of20 economic development and international trade, including but not limited21 to a reduction in application or license fees EXCEPT AS PROVIDED IN22 SUBSECTION (4) OF THIS SECTION, EFFECTIVE APRIL 1, 2025, A PERSON23 WHO QUALIFIES AS A SOCIAL EQUITY LICENSEE MAY APPLY FOR ANY24 REGULATED MARIJUANA BUSINESS LICENSE OR PERMIT , INCLUDING, BUT25 NOT LIMITED TO, AN ACCELERATOR STORE, ACCELERATOR CULTIVATOR ,26 ACCELERATOR MANUFACTURER , ACCELERATOR HOSPITALITY BUSINESS ,27 HB24-1061 -12- ACCELERATOR TRANSPORTER , OR ACCELERATOR INDEPENDENT DELIVERY1 LICENSE ISSUED PURSUANT TO THIS ARTICLE 10. A PERSON QUALIFIES AS2 A SOCIAL EQUITY LICENSEE IF, IN ADDITION TO ANY CRITERIA ESTABLISHED3 BY RULE, THE PERSON:4 (a) H AS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT5 TO DISCIPLINARY OR LEGAL ACTION FROM THE STATE LICENSING6 AUTHORITY RESULTING IN THE REVOCATION OF A LICENSE ISSUED7 PURSUANT TO THIS ARTICLE 10; AND8 (b) H AS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :9 (I) T HE APPLICANT HAS RESIDED:10 (A) F OR AT LEAST ANY FIVE YEARS OF THE THIRTY-YEAR PERIOD11 PRIOR TO THE APPLICATION AND FOR WHICH DATA IS AVAILABLE , IN A12 CENSUS TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT13 AND INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESI GNATED AS14 A DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO15 SECTION 44-10-203 (1)(j); OR16 (B) F OR AT LEAST ANY FIVE OF THE THIRTY YEARS PRIOR TO THE17 APPLICATION, IN HOUSING WITH FUNDING PROVIDED PURSUANT TO18 SECTION 8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF19 1937", 42 U.S.C. SECS. 1437f AND 1437g, AS AMENDED; OR20 (C) F OR AT LEAST ANY FIVE OF THE THIRTY YEARS PRIOR TO THE21 APPLICATION, IN HOUSING WITH FUNDING FROM FEDERAL LOW -INCOME22 HOUSING TAX CREDITS, COLORADO AFFORDABLE HOUSING TAX CREDITS ,23 OR FUNDING PROVIDED PURSUANT TO ANY FEDERAL , STATE, OR LOCAL24 PROGRAM THAT RESTRICTS MAXIMUM RENTS FOR PERSONS OF LOW OR25 MODERATE INCOME THAT , AT THE TIME OF RESIDENCE, WAS SUBJECT TO A26 USE RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE27 HB24-1061 -13- FEDERAL GOVERNMENT , THE STATE GOVERNMENT , A COUNTY1 GOVERNMENT, OR A MUNICIPAL GOVERNMENT , OR BY ANY POLITICAL2 SUBDIVISION OR DESIGNATED AGENCY THEREOF ; OR3 (II) T HE APPLICANT OR THE APPLICANT 'S SPOUSE, PARENT, OR4 LEGAL GUARDIAN WAS CONVICTED OF A MARIJUANA OFFENSE ; OR5 (III) T HE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE6 APPLICANT'S GUARDIANSHIP WAS ARRESTED FOR OR CONVICTED OF A7 MARIJUANA OFFENSE, AND:8 (A) T HE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE9 APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF10 A MARIJUANA OFFENSE RESIDED IN A DISPROPORTIONATE IMPACTED AREA11 AS DEFINED BY RULE PURSUANT TO SECTION 44-10-203 (1)(j) FOR ANY OF12 THE FIVE YEARS OF THE THIRTY-YEAR PERIOD PRIOR TO APPLICATION; OR13 (B) T HE APPLICANT'S SIBLING, CHILD, OR MINOR IN THE14 APPLICANT'S GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF15 A MARIJUANA OFFENSE HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF16 THE PROGRAMS LISTED IN SUBSECTIONS (5)(b)(V)(A) TO (5)(b)(V)(E) OF17 THIS SECTION FOR AT LEAST ANY FIVE OF THE TEN YEARS PRIOR TO18 APPLICATION; OR19 (IV) T HE APPLICANT WAS A MEMBER OF THE MILITARY AND WAS20 DISCHARGED OR ADMINISTRATIVELY SEPARATED FROM THE MILITARY21 BECAUSE OF MARIJUANA USE OR POSSESSION WHILE THE APPLICANT WAS22 A MEMBER OF THE MILITARY AND THE APPLICANT PROVIDES THE23 APPLICANT'S DISCHARGE DOCUMENT DD214 OR DD256 TO THE STATE24 LICENSING AUTHORITY UNLESS EXEMPTED BY RULES PROMULGATED BY25 THE STATE LICENSING AUTHORITY; OR26 (V) T HE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST27 HB24-1061 -14- ONE OF THE FOLLOWING PROGRAMS FOR AT LEAST ANY FIVE OF THE TEN1 YEARS PRIOR TO APPLICATION:2 (A) T HE LOW-INCOME ENERGY ASSISTANCE PROGRAM DESCRIBED3 IN SECTION 26-2-122.5; OR4 (B) T HE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM5 DESCRIBED IN PART 3 OF ARTICLE 2 OF TITLE 26; OR6 (C) T EMPORARY ASSISTANCE FOR NEEDY FAMILIES , AS DEFINED IN7 SECTION 26-2-703 (19); OR8 (D) T HE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR9 WOMEN, INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC.10 1786; OR11 (E) T HE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5,12 AND 6 OF TITLE 25.5; AND13 (c) H OLDS AT LEAST FIFTY-ONE PERCENT OF A BENEFICIAL14 OWNERSHIP OF A REGULATED MARIJUANA BUSINESS LICENSE ALONE OR15 COLLECTIVELY WITH AT LEAST ONE OTHER APPLICANT .16 (6) (a) F OR THE PURPOSES OF SUBSECTION (5) OF THIS SECTION, IF17 AN APPLICANT IS A CONTROLLING BENEFICIAL OWNER ALONE OR18 COLLECTIVELY WITH AT LEAST ONE OTHER APPLICANT , UPON ATTESTATION19 ON THE APPLICATION TO WHICH THE APPLICANT IS A PASSIVE BENEFICIAL20 OWNER, OR PASSIVE BENEFICIAL OWNER OF THREE OR MORE RETAIL21 MARIJUANA STORE LICENSES , MEDICAL MARIJUANA STORE LICENSES ,22 RETAIL MARIJUANA CULTIVATION FACILITY LICENSES , OR MEDICAL23 MARIJUANA CULTIVATION FACILITY LICENSES , OR ANY COMBINATION24 THEREOF, THE APPLICANT IS NOT ELIGIBLE TO BE A SOCIAL EQUITY25 LICENSEE.26 (b) F OR THE PURPOSES OF SUBSECTION (6)(a) OF THIS SECTION,27 HB24-1061 -15- CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE1 LICENSES, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY2 AND MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES , CONSTITUTE3 ONE LICENSE.4 (7) (a) S UBSECTION (5) OF THIS SECTION APPLIES TO NEW SOCIAL5 EQUITY LICENSEE APPLICATIONS RECEIVED ON OR AFTER APRIL 1, 2025, OR6 THE RENEWAL OF A LICENSE ISSUED TO A SOCIAL EQUITY LICENSEE FIRST7 APPLIED FOR ON OR AFTER APRIL 1, 2025.8 (b) S UBSECTION (5) OF THIS SECTION DOES NOT APPLY TO NEW9 SOCIAL EQUITY LICENSEE APPLICATIONS RECEIVED ON OR BEFORE MARCH10 31, 2025, OR THE RENEWAL OF A LICENSE ISSUED TO A SOCIAL EQUITY11 LICENSEE FIRST APPLIED FOR OR ISSUED ON OR BEFORE MARCH 31, 2025.12 (8) A PERSON WHO MEETS THE CRITERIA IN THIS SECTION FOR A13 SOCIAL EQUITY LICENSE IS ELIGIBLE FOR INCENTIVES AVAILABLE THROUGH14 THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC DEVELOPMENT15 AND INTERNATIONAL TRADE INCLUDING , BUT NOT LIMITED TO , A16 REDUCTION IN APPLICATION OR LICENSE FEES . THE STATE LICENSING17 AUTHORITY SHALL PROMULGATE RULES TO CREATE INCENTIVES REQUIRED18 BY THIS SUBSECTION (8).19 SECTION 6. In Colorado Revised Statutes, 44-10-401, amend20 (2)(a)(VI), (2)(a)(VII), and (2)(b)(X); and add (2)(a)(VIII), (2)(b)(XII),21 (2)(b)(XIII), (2)(b)(XIV), and (2)(b)(XV) as follows:22 44-10-401. Classes of licenses. (2) (a) The following are medical23 marijuana licenses:24 (VI) Medical marijuana business operator license; and 25 (VII) Marijuana research and development license; AND26 (VIII) M EDICAL MARIJUANA INDEPENDENT DELIVERY LICENSE .27 HB24-1061 -16- (b) The following are retail marijuana licenses:1 (X) Retail marijuana hospitality and sales business license; and2 (XII) R ETAIL MARIJUANA INDEPENDENT DELIVERY LICENSE ;3 (XIII) A CCELERATOR HOSPITALITY BUSINESS LICENSE ;4 (XIV) A CCELERATOR TRANSPORTER LICENSE ; AND5 (XV) A CCELERATOR INDEPENDENT DELIVERY LICENSE .6 SECTION 7. In Colorado Revised Statutes, 44-10-501, amend7 (11)(f)(IV), (11)(f)(V), and (11)(g)(I)(D); repeal (11)(c); and add (2)(c)8 as follows:9 44-10-501. Medical marijuana store license. (2) (c) A MEDICAL10 MARIJUANA STORE MAY SELL WHOLESALE MEDICAL MARIJUANA AND11 WHOLESALE MEDICAL MARIJUANA PRODUCTS TO A MEDICAL MARIJUANA12 INDEPENDENT DELIVERER.13 (11) (c) A licensed medical marijuana store shall charge a 14 one-dollar surcharge on each delivery. The licensed medical marijuana15 store shall remit the surcharges collected on a monthly basis to the16 municipality where the licensed medical marijuana store is located, or to17 the county if the licensed medical marijuana store is in an unincorporated18 area, for local law enforcement costs related to marijuana enforcement.19 Failure to comply with this subsection (11)(c) may result in nonrenewal20 of the medical marijuana delivery permit.21 (f) In accordance with this subsection (11) and rules adopted to22 implement this subsection (11), a licensed medical marijuana store with23 a valid medical marijuana delivery permit may:24 (IV) Deliver no more than once per day to the same patient or25 parent or guardian or residence AT A PERMISSIBLE DELIVERY LOCATION;26 (V) (A) Deliver only to private residences PERMISSIBLE DELIVERY27 HB24-1061 -17- LOCATIONS;1 (B) For purposes of this section, "private residences" means2 private premises where a person lives, such as a private dwelling place or3 place of habitation, and specifically excludes any premises located at a4 school or on the campus of an institution of higher education, or any other5 public property.6 (g) (I) At the time of the order, the medical marijuana store shall7 require the patient or parent or guardian to provide information necessary8 to verify the patient is qualified to purchase and receive a delivery of9 medical marijuana and medical marijuana products pursuant to this10 section. The provided information must, at a minimum, include the11 following:12 (D) The address of the residence PERMISSIBLE DELIVERY13 LOCATION where the order will be delivered; and14 SECTION 8. In Colorado Revised Statutes, 44-10-502, amend15 (1) as follows:16 44-10-502. Medical marijuana cultivation facility license -17 rules - definitions. (1) A medical marijuana cultivation facility may be18 issued only to a person who cultivates medical marijuana for sale and19 distribution to licensed medical marijuana stores, medical marijuana20 products manufacturer licensees, MEDICAL MARIJUANA INDEPENDENT21 DELIVERERS, or other medical marijuana cultivation facilities.22 SECTION 9. In Colorado Revised Statutes, 44-10-503, add23 (1)(d) as follows:24 44-10-503. Medical marijuana products manufacturer license25 - rules - definition. (1) (d) A MEDICAL MARIJUANA PRODUCTS26 MANUFACTURER MAY SELL WHOLESALE MEDICAL MARIJUANA AND27 HB24-1061 -18- WHOLESALE MEDICAL MARIJUANA PRODUCTS TO A MEDICAL MARIJUANA1 INDEPENDENT DELIVERER.2 SECTION 10. In Colorado Revised Statutes, 44-10-505, amend3 (5)(d)(IV) and (5)(d)(V) as follows:4 44-10-505. Medical marijuana transporter license. (5) (d) In5 accordance with this subsection (5) and rules adopted to implement this6 subsection (5), a licensed medical marijuana transporter with a valid7 medical marijuana delivery permit may:8 (IV) Deliver no more than once per day to the same patient or9 residence AT A PERMISSIBLE DELIVERY LOCATION;10 (V) (A) Deliver only to a private residence PERMISSIBLE DELIVERY11 LOCATIONS.12 (B) For purposes of this section, "private residences" means13 private premises where a person lives, such as a private dwelling place or14 place of habitation, and specifically excludes any premises located at a15 school or on the campus of an institution of higher education, or any other16 public property.17 SECTION 11. In Colorado Revised Statutes, add 44-10-508 as18 follows:19 44-10-508. Medical marijuana independent delivery license -20 rules. (1) (a) O N OR AFTER APRIL 1, 2025, THE STATE LICENSING21 AUTHORITY MAY ISSUE A MEDICAL MARIJUANA INDEPENDENT DELIVERY22 LICENSE TO A PERSON WITH A SOCIAL EQUITY LICENSE AUTHORIZING THE23 PERSON TO DELIVER AND SELL MEDICAL MARIJUANA AND MEDICAL24 MARIJUANA PRODUCTS TO CONSUMERS AT PERMISSIBLE DELIVERY25 LOCATIONS PURSUANT TO THIS ARTICLE 10, RULES PROMULGATED26 PURSUANT TO THIS ARTICLE 10, AND THE PROVISIONS OF THE ORDINANCE27 HB24-1061 -19- OR RESOLUTION OF THE LOCAL JURISDICTION WHERE THE LICENSEE1 OPERATES.2 (b) A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY3 PURCHASE WHOLESALE MEDICAL MARIJUANA AND WHOLESALE MEDICAL4 MARIJUANA PRODUCTS FROM A MEDICAL MARIJUANA STORE LICENSEE ,5 AND THE MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY PURCHASE6 WHOLESALE MEDICAL MARIJUANA FROM A MEDICAL MARIJUANA7 CULTIVATION FACILITY AND WHOLESALE MEDICAL MARIJUANA PRODUCTS8 FROM A MEDICAL MARIJUANA PRODUCTS MANUFACTURER LICENSEE .9 (c) A MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL10 TRACK ALL OF ITS MEDICAL MARIJUANA AND MEDICAL MARIJ UANA11 PRODUCTS FROM THE POINT THAT THEY ARE TRANSFERRED FROM A12 MEDICAL MARIJUANA STORE OR MEDICAL MARIJUANA PRODUCTS13 MANUFACTURER TO THE POINT OF SALE .14 (d) A MEDICAL MARIJUANA INDEPENDENT DELIVERY LICENSE15 APPLICANT SHALL PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES OR16 PROOF OF A CONTRACT WITH AN ESTABLISHED SOCIAL EQUITY LICENSEE17 WHO MAINTAINS A LICENSED PREMISES AUTHORIZED BY THE STATE TO18 STORE MEDICAL MARIJUANA AND MEDICAL MARIJUANA PRODUCTS . THE19 STATE LICENSING AUTHORITY SHALL PROMULGATE RULES CONCERNING20 PERMITTING A MEDICAL MARIJUANA INDEPENDENT DELIVERER TO STORE21 MEDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCTS AT A22 STATE-AUTHORIZED STORAGE FACILITY OR LICENSED PREMISES .23 (e) F OR PURPOSES OF THIS SECTION , A STATE-AUTHORIZED24 STORAGE FACILITY IS SUBJECT TO THE SAME SAFETY AND SECURITY25 REQUIREMENTS AS A LICENSED PREMISES , UNLESS EXEMPTED BY RULE.26 (2) (a) N OTWITHSTANDING THE PROVISIONS OF THIS SECTION , A27 HB24-1061 -20- MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY ALSO SELL MEDICAL1 MARIJUANA PRODUCTS THAT ARE PREPACKAGED AND LABELED AS2 REQUIRED BY RULES OF THE STATE LICENSING AUTHORITY PURSUANT TO3 SECTION 44-10-203 (2)(f) AND (3)(b).4 (b) A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY5 TRANSACT WITH A MEDICAL MARIJUANA PRODUCTS MANUFACTURER FOR6 THE PURCHASE OF MEDICAL MARIJUANA PRODUCTS AT A MEDICAL7 MARIJUANA PRODUCTS MANUFACTURER 'S LICENSED PREMISES OR AT THE8 MEDICAL MARIJUANA INDEPENDENT DELIVERER 'S LICENSED PREMISES.9 (3) (a) (I) A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY10 DELIVER AND SELL NO MORE THAN TWO OUNCES OF MEDICAL MARIJUANA11 TO A PATIENT OR CAREGIVER ; EXCEPT THAT A MEDICAL MARIJUANA12 INDEPENDENT DELIVERER MAY DELIVER AND SELL MORE THAN TWO13 OUNCES OF MEDICAL MARIJUANA TO A PATIENT OR CAREGIVER WHO HAS14 BEEN RECOMMENDED AN EXTENDED OUNCE C OUNT BY THE15 RECOMMENDING PHYSICIAN IN ACCORDANCE WITH REGULATIONS ADOPTED16 BY THE STATE LICENSING AUTHORITY .17 (II) I N ADDITION TO MEDICAL MARIJUANA, A MEDICAL MARIJUANA18 INDEPENDENT DELIVERER MAY DELIVER AND SELL NO MORE THAN SIX19 IMMATURE PLANTS TO A PATIENT ; EXCEPT THAT A MEDICAL MARIJUANA20 INDEPENDENT DELIVERER MAY DELIVER AND SELL MORE THAN SIX21 IMMATURE PLANTS, BUT MAY NOT EXCEED HALF THE RECOMMENDED22 PLANT COUNT, TO A PATIENT WHO HAS BEEN RECOMMENDED AN23 EXPANDED PLANT COUNT BY THE PATIENT 'S RECOMMENDING PHYSICIAN24 IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE STATE LICENSING25 AUTHORITY. A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY SELL26 IMMATURE PLANTS TO A PRIMARY CAREGIVER , ANOTHER MEDICAL27 HB24-1061 -21- MARIJUANA STORE, OR A MEDICAL MARIJUANA PRODUCTS MANUFACTURER1 PURSUANT TO RULES PROMULGATED BY THE STATE LICENSING AUTHORITY .2 (b) (I) P RIOR TO TRANSFERRING POSSESSION OF THE ORDER TO THE3 PATIENT OR PARENT OR GUARDIAN WHO PLACED THE ORDER , THE PERSON4 DELIVERING THE ORDER SHALL INSPECT THE INDIVIDUAL 'S IDENTIFICATION5 AND VERIFY THAT THE INFORMATION PROVIDED AT THE TIME OF THE6 ORDER MATCHES THE NAME AND DATE OF BIRTH ON THE INDIVIDUAL 'S7 IDENTIFICATION.8 (II) I F THE PERSON DELIVERING THE ORDER HAS REASONABLE9 CAUSE TO BELIEVE THAT AN INDIVIDUAL IS UNDER EIGHTEEN YEARS OF10 AGE AND IS EXHIBITING FRAUDULENT PROOF OF AGE IN AN ATTEMPT TO11 OBTAIN MEDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCT , THE12 PERSON SHALL NOT TRANSFER POSSESSION OF THE ORDER TO THE13 INDIVIDUAL. THE MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL14 REPORT THE INCIDENT TO THE STATE LICENSING AUTHORITY WITHIN15 FORTY-EIGHT HOURS AFTER THE INCIDENT AND SHALL NOT DELIVER AN16 ORDER TO THE INDIVIDUAL AGAIN.17 (c) (I) A MEDICAL MARIJUANA INDEPENDENT DELIVERER THAT18 SELLS AN INDUSTRIAL HEMP PRODUCT SHALL ENSURE THAT THE19 INDUSTRIAL HEMP PRODUCT HAS PASSED ALL TESTING REQUIRED BY RULES20 PROMULGATED BY THE STATE LICENSING AUTHORITY PURSUANT TO21 SECTION 44-10-203 (2)(d). PRIOR TO TAKING POSSESSION OF THE22 INDUSTRIAL HEMP PRODUCT , A MEDICAL MARIJUANA INDEPENDENT23 DELIVERER SHALL VERIFY THE INDUSTRIAL HEMP PRODUCT PASSED ALL24 TESTING REQUIRED FOR MEDICAL MARIJUANA PRODUCTS AT A LICENSED25 MEDICAL MARIJUANA TESTING FACILITY AND THAT THE PERSON26 TRANSFERRING THE INDUSTRIAL HEMP PRODUCT IS REGISTERED WITH THE27 HB24-1061 -22- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO1 SECTION 25-5-426.2 (II) A BSENT SAMPLING AND TESTING STA NDARDS ESTABLISHED BY3 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE4 SAMPLING AND TESTING OF AN INDUSTRIAL HEMP PRODUCT , A PERSON5 TRANSFERRING AN INDUSTRIAL HEMP PRODUCT TO A MEDICAL MARIJUANA6 INDEPENDENT DELIVERER PURSUANT TO THIS SECTION SHALL COMPLY7 WITH SAMPLING AND TESTING STANDARDS CONSISTENT WITH THOSE8 ESTABLISHED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS9 ARTICLE 10. THE STATE LICENSING AUTHORITY SHALL REPORT TO THE10 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ANY INVESTIGATIONS11 OR FINDINGS OF VIOLATIONS OF THIS SECTION BY A PERSON REGISTERED12 PURSUANT TO SECTION 25-5-426.13 (d) W HEN COMPLETING A SALE OF MEDICAL MARIJUANA14 CONCENTRATE, THE MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL15 PROVIDE THE CUSTOMER WITH THE TANGIBLE EDUCATIONAL RESOURCE16 CREATED BY THE STATE LICENSING AUTHORITY THROUGH RULE -MAKING17 REGARDING THE USE OF MEDICAL MARIJUANA CONCENTRATE .18 (4) A LL MEDICAL MARIJUANA AND MEDICAL MARIJUANA19 PRODUCTS SOLD BY A MEDICAL MARIJUANA INDEPENDENT DELIVERER20 MUST BE PACKAGED AND LABELED AS REQUIRED BY RULES OF THE STATE21 LICENSING AUTHORITY PURSUANT TO SECTION 44-10-203 (2)(f) AND22 (3)(b).23 (5) (a) A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY24 ACCEPT PAYMENT ONLINE FOR THE SALE OF MEDICAL MARIJUANA AND25 MEDICAL MARIJUANA PRODUCTS .26 (b) A T THE TIME OF AN ONLINE ORDER, THE MEDICAL MARIJUANA27 HB24-1061 -23- INDEPENDENT DELIVERER SHALL REQUIRE THE PURCHASING INDIVIDUAL1 TO PROVIDE INFORMATION NECESSARY TO VERIFY THAT THE INDIVIDUAL2 IS AT LEAST EIGHTEEN YEARS OF AGE . AT A MINIMUM, THE MEDICAL3 MARIJUANA INDEPENDENT DELIVERER SHALL REQUIRE :4 (I) T HE INDIVIDUAL'S NAME AND DATE OF BIRTH;5 (II) T HE REGISTRATION NUMBER REFLECTED ON THE PATIENT 'S6 REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION7 25-1.5-106;8 (III) I F THE PATIENT IS UNDER EIGHTEEN YEARS OF AGE, THE NAME9 AND DATE OF BIRTH OF THE PARENT OR GUARDIAN DESIGNATED AS THE10 PATIENT'S PRIMARY CAREGIVER AND, IF APPLICABLE, THE REGISTRATION11 NUMBER REFLECTED ON THE PRIMARY CAREGIVER 'S REGISTRY12 IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 25-1.5-106; AND13 (IV) A NY OTHER INFORMATION REQUIRED BY THE STATE14 LICENSING AUTHORITY BY RULE.15 (c) W HEN THE MEDICAL MARIJUANA INDEPENDENT DELIVERER16 DELIVERS THE ONLINE ORDER, THE MEDICAL MARIJUANA INDEPENDENT17 DELIVERER SHALL INSPECT THE PATIENT'S, OR PARENT'S OR GUARDIAN'S,18 IDENTIFICATION AND REGISTRY IDENTIFICATION CARD ISSUED PURSUANT19 TO SECTION 25-1.5-106, VERIFY THE POSSESSION OF A VALID REGISTRY20 IDENTIFICATION CARD, AND VERIFY THE INFORMATION AT THE TIME OF21 ORDER MATCHES THE NAME AND DATE OF BIRTH ON THE PATIENT 'S, OR22 PARENT'S OR GUARDIAN'S, IDENTIFICATION. THE MEDICAL MARIJUANA23 INDEPENDENT DELIVERER SHALL NOT TRANSFER POSSESSION OF THE24 ORDER UNLESS THE INFORMATION PROVIDED AT THE TIME OF THE ORDER25 MATCHES THE IDENTIFICATION.26 (d) A MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL27 HB24-1061 -24- ENSURE THAT AN INDIVIDUAL PURCHASING MEDICAL MARIJUANA OR1 MEDICAL MARIJUANA PRODUCTS ONLINE IS PROVIDED WITH DIGITAL2 VERSIONS OF ALL WARNINGS OR EDUCATIONAL MATERIALS THAT THE3 MEDICAL MARIJUANA INDEPENDENT DELIVERER IS REQUIRED TO POST AND4 PROVIDE, AND ANY ADDITIONAL RELEVANT WARNINGS OR EDUCATIONAL5 MATERIALS, AS APPLICABLE. THE INDIVIDUAL MUST ACKNOWLEDGE6 RECEIPT OF THE WARNINGS AND EDUCATIONAL MATERIALS BEFORE7 COMPLETING THE PURCHASE .8 (6) M EDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCTS9 MUST NOT BE CONSUMED IN A MEDICAL MARIJUANA INDEPENDENT10 DELIVERER'S VEHICLE OR ON ANY LICENSED PREMISES.11 (7) N OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW ,12 SALES OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA PRODUCTS ARE13 NOT EXEMPT FROM STATE OR LOCAL SALES TAX .14 (8) A PRODUCT LISTED FOR SALE BY A MEDICAL MARIJUANA15 INDEPENDENT DELIVERER OF MEDICAL MARIJUANA CONCENTRATE MUST16 INCLUDE THE POTENCY OF THE MEDICAL MARIJUANA CONCENTRATE NEXT17 TO THE NAME OF THE PRODUCT AND SAFETY WARNINGS AND HEALTH RISKS18 FOR MEDICAL MARIJUANA CONCENTRATES , AS PROMULGATED BY RULE.19 (9) (a) A MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL20 NOT MAKE DELIVERIES OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA21 PRODUCTS TO INDIVIDUALS WHILE ALSO TRANSPORTING MEDICAL22 MARIJUANA OR MEDICAL MARIJUANA PRODUCTS BETWEEN LICENSEES '23 LICENSED PREMISES IN THE SAME VEHICLE.24 (b) A MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL NOT25 ENGAGE IN THIRD -PARTY BUSINESS -TO-BUSINESS LOGISTICS ,26 DISTRIBUTION, DELIVERY, OR STORAGE OF MEDICAL MARIJUANA AND27 HB24-1061 -25- MEDICAL MARIJUANA PRODUCTS UNLESS THE MEDICAL MARIJUANA1 INDEPENDENT DELIVERER ALSO OBTAINS A VALID MEDICAL MARIJUANA2 TRANSPORTER LICENSE.3 (c) A MEDICAL MARIJUANA INDEPENDENT DELIVERER MAY4 DELIVER MEDICAL MARIJUANA AND MEDICAL MARIJUANA PRODUCTS ONLY5 TO THE INDIVIDUAL WHO PLACED THE ORDER AND WHO :6 (I) I S EIGHTEEN YEARS OF AGE OR OLDER;7 (II) R ECEIVES THE DELIVERY OF MEDICAL MARIJUANA OR MEDICAL8 MARIJUANA PRODUCTS PURSUANT TO RULES ;9 (III) P OSSESSES A VALID FORM OF IDENTIFICATION; AND10 (IV) (A) P OSSESSES A VALID PATIENT'S REGISTRY IDENTIFICATION11 CARD ISSUED PURSUANT TO SECTION 25-1.5-106; OR12 (B) I F THE PATIENT IS UNDER EIGHTEEN YEARS OF AGE , HAS A13 PRIMARY CAREGIVER WHO POSSESSES A VALID REGISTRY IDENTIFICATION14 CARD ISSUED PURSUANT TO SECTION 25-1.5-106.15 (d) A PERSON DELIVERING MEDICAL MARIJUANA OR MEDICAL16 MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE17 AND BE A CURRENT EMPLOYEE OF THE MEDICAL MARIJ UANA INDEPENDENT18 DELIVERER AND MUST HAVE UNDERGONE RESPONSIBLE VE NDOR TRAINING19 AS REQUIRED BY THE STATE LICENSING AUTHORITY .20 (e) I N ACCORDANCE WITH THIS SUBSECTION (9) AND RULES21 ADOPTED TO IMPLEMENT THIS SUBSECTION (9), A MEDICAL MARIJUANA22 INDEPENDENT DELIVERER:23 (I) S HALL NOT DELIVER MEDICAL MARIJUANA OR MEDICAL24 MARIJUANA PRODUCTS IN EXCESS OF THE STATUTORY LIMITATIONS ;25 (II) S HALL DELIVER ONLY TO AN INDIVIDUAL AT THE ADDRESS26 PROVIDED IN THE ORDER;27 HB24-1061 -26- (III) SHALL NOT DELIVER MORE THAN ONCE PER DAY TO THE SAME1 INDIVIDUAL AT A PERMISSIBLE DELIVERY LOCATION ;2 (IV) S HALL DELIVER ONLY TO PERMISSIBLE DELIVERY LOCATIONS ;3 (V) S HALL DELIVER MEDICAL MARIJUANA OR MEDICAL MARIJ UANA4 PRODUCTS ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION5 AND THE RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTION6 44-10-203 (2)(dd);7 (VI) S HALL USE AN EMPLOYEE TO CONDUCT DELIVERIES ; AND8 (VII) S HALL USE AN ASSOCIATED LICENSED PREMISES TO STORE ,9 PACKAGE, AND LABEL THE MEDICAL MARIJUANA OR MEDICAL MARIJUANA10 PRODUCTS.11 (f) (I) A T THE TIME OF THE ORDER, THE MEDICAL MARIJUANA12 INDEPENDENT DELIVERER SHALL REQUIRE THE INDIVIDUAL TO PROVIDE13 INFORMATION NECESSARY TO VERIFY THE INDIVIDUAL IS AT LEAST14 EIGHTEEN YEARS OF AGE . THE PROVIDED INFORMATION MUST , AT A15 MINIMUM, INCLUDE THE FOLLOWING:16 (A) T HE INDIVIDUAL'S NAME AND DATE OF BIRTH;17 (B) T HE ADDRESS OF THE RESIDENCE WHERE THE ORDER IS18 DELIVERED; AND19 (C) A NY OTHER INFORMATION REQUIRED BY STATE LICENSING20 AUTHORITY RULE.21 (II) P RIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN22 INDIVIDUAL, THE MEDICAL MARIJUANA INDEPENDENT DELIVERER23 DELIVERING THE ORDER SHALL INSPECT THE INDIVIDUAL 'S IDENTIFICATION24 AND VERIFY THAT THE INFORMATION PROVIDED AT THE TIME THE ORDER25 IS PLACED MATCHES THE NAME AND DATE OF BIRTH ON THE INDIVIDUAL 'S26 IDENTIFICATION.27 HB24-1061 -27- (g) THE MEDICAL MARIJUANA INDEPENDENT DELIVERER SHALL1 NOT SELL MEDICAL MARIJUANA OR MEDICAL MARIJ UANA PRODUCTS2 DIRECTLY FROM THE DELIVERY VEHICLE .3 (h) (I) U NLESS OTHERWISE PROVIDED BY THE STATE LICENSING4 AUTHORITY BY RULES PROMULGATED PURSUANT TO THIS ARTICLE 10,5 PURSUANT TO THIS ARTICLE 10 APPLY TO THE DELIVERY OF MEDICAL6 MARIJUANA AND MEDICAL MARIJUANA PRODUCTS , INCLUDING, BUT NOT7 LIMITED TO, INVENTORY TRACKING, TRANSPORTATION, AND PACKAGING8 AND LABELING REQUIREMENTS .9 (II) T HE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED10 PURSUANT TO SECTION 44-10-203 (3)(a) APPLY TO MEDICAL MARIJUANA11 INDEPENDENT DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (9).12 (i) (I) N OTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,13 DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCTS IS14 NOT PERMITTED IN ANY MUNICIPALITY , COUNTY, OR CITY AND COUNTY15 UNLESS THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY, BY EITHER A16 MAJORITY OF THE REGISTERED ELECTORS OF THE MUNICIPALITY , COUNTY,17 OR CITY AND COUNTY VOTING AT A REGULAR ELECTION OR SPECIAL18 ELECTION CALLED IN ACCORDANCE WITH THE "COLORADO MUNICIPAL19 E LECTION CODE OF 1965", ARTICLE 10 OF TITLE 31, OR THE "UNIFORM20 E LECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, AS APPLICABLE,21 OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE22 MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTE TO ALLOW THE23 DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCTS24 PURSUANT TO THIS SECTION.25 (II) A N ORDINANCE ADOPTED PURSUANT TO SUBSECTION (9)(i)(I)26 OF THIS SECTION MAY PROHIBIT DELIVERY OF MEDICAL MARIJUANA AND27 HB24-1061 -28- MEDICAL MARIJUANA PRODUCTS FROM A MEDICAL MARIJUANA1 INDEPENDENT DELIVERER THAT IS OUTSIDE A MUNICIPALITY 'S, COUNTY'S,2 CITY'S, OR CITY AND COUNTY 'S JURISDICTIONAL BOUNDARIES TO AN3 ADDRESS WITHIN ITS JURISDICTIONAL BOUNDARIES .4 (j) N OTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,5 DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA PRODUCTS IS6 NOT PERMITTED AT ANY SCHOOL OR ON THE CAMPUS OF ANY INSTITUTION7 OF HIGHER EDUCATION.8 (k) T HE STATE LICENSING AUTHORITY MAY BEGIN ISSUING9 INDEPENDENT DELIVERY LICENSES TO QUALIFIED MEDICAL MARIJUANA10 INDEPENDENT DELIVERER APPLICANTS ON AND AFTER , BUT NOT EARLIER11 THAN, APRIL 1, 2025.12 SECTION 12. In Colorado Revised Statutes, 44-10-601, amend13 (13)(f)(IV), (13)(f)(V), (13)(g)(I)(B), and (16); repeal (13)(c); and add14 (2)(d) as follows:15 44-10-601. Retail marijuana store license - rules. (2) (d) A16 RETAIL MARIJUANA STORE MAY SELL WHOLESALE RETAIL MARIJ UANA AND17 WHOLESALE RETAIL MARIJUANA PRODUCTS TO A RETAIL MARIJUANA18 INDEPENDENT DELIVERER.19 (13) (c) The licensed retail marijuana store shall charge a 20 one-dollar surcharge on each delivery. The licensed retail marijuana store21 shall remit the surcharges collected on a monthly basis to the22 municipality where the licensed retail marijuana store is located, or to the23 county if the licensed retail marijuana store is in an unincorporated area,24 for local law enforcement costs related to marijuana enforcement. Failure25 to comply with this subsection (13)(c) may result in nonrenewal of the26 retail marijuana delivery permit.27 HB24-1061 -29- (f) In accordance with this subsection (13) and rules adopted to1 implement this subsection (13), a licensed retail marijuana store with a2 valid retail marijuana delivery permit may:3 (IV) Deliver no more than once per day to the same individual or4 residence AT A PERMISSIBLE DELIVERY LOCATION;5 (V) (A) Deliver only to private residences. PERMISSIBLE DELIVERY6 LOCATIONS;7 (B) For purposes of this section, "private residences" means8 private premises where a person lives, such as a private dwelling place9 or place of habitation, and specifically excludes any premises located at10 a school or on the campus of an institution of higher education, or any11 other public property.12 (g) (I) At the time of the order, the retail marijuana store shall13 require the individual to provide information necessary to verify the14 individual is at least twenty-one years of age. The provided information15 must, at a minimum, include the following:16 (B) The address of the residence PERMISSIBLE DELIVERY17 LOCATION where the order will be delivered; and18 (16) A retail marijuana store pursuant to rule and the state19 licensing authority discretion, THAT HOSTS AN ACCELERATOR STORE20 LICENSEE may be eligible for incentives available through the department21 of revenue or the office of economic development and international trade,22 including, but not limited to, a reduction in application or license fees.23 SECTION 13. In Colorado Revised Statutes, 44-10-602, amend24 (1) and (11) as follows:25 44-10-602. Retail marijuana cultivation facility license - rules26 - definitions. (1) A retail marijuana cultivation facility license may be27 HB24-1061 -30- issued only to a person who cultivates retail marijuana for sale and1 distribution to licensed retail marijuana stores, retail marijuana products2 manufacturer licensees, retail marijuana hospitality and sales business,3 RETAIL MARIJUANA INDEPENDENT DELIVERERS , or other retail marijuana4 cultivation facilities.5 (11) A retail marijuana cultivation facility licensee that hosts an6 accelerator cultivator licensee pursuant to rule and the state licensing 7 authority discretion, may be eligible for incentives available through the8 department of revenue or the office of economic development and9 international trade, including, but not limited to, a reduction in10 application or license fees.11 SECTION 14. In Colorado Revised Statutes, 44-10-603, amend12 (2)(b), (2)(c), and (14); and add (1)(e.5) and (2)(d) as follows:13 44-10-603. Retail marijuana products manufacturer license14 - rules - definition. (1) (e.5) A RETAIL MARIJUANA PRODUCTS15 MANUFACTURER MAY SELL WHOLESALE RETAIL MARIJUANA AND16 WHOLESALE RETAIL MARIJUANA PRODUCTS TO A RETAIL MARIJUANA17 INDEPENDENT DELIVERER.18 (2) Retail marijuana products must be prepared on a licensed19 premises that is used exclusively for the manufacture and preparation of20 retail marijuana or retail marijuana products and using equipment that is21 used exclusively for the manufacture and preparation of retail marijuana22 products; except that, if permitted by the local jurisdiction and subject to23 rules of the state licensing authority, a retail marijuana products24 manufacturer licensee may share the same premises as:25 (b) A commonly owned marijuana research and development26 licensee so long as virtual or physical separation of inventory and27 HB24-1061 -31- research activity is maintained; or1 (c) An accelerator manufacturer licensee if the retail marijuana2 products manufacturer has its premises endorsed pursuant to rule before3 each accelerator manufacturer licensee operates and each accelerator4 manufacturer licensee is approved to operate on that premises; OR5 (d) A RETAIL MARIJUANA INDEPENDENT DELIVERER FOR THE6 PURPOSE OF STORING RETAIL MARIJUANA PRODUCTS AS PERMITTED BY7 RULE, IF VIRTUAL OR PHYSICAL SEPARATION OF INVENTORY IS8 MAINTAINED.9 (14) A retail marijuana products manufacturer licensee pursuant 10 to rule and the state licensing authority discretion, THAT HOSTS AN11 ACCELERATOR MANUFACTURER LICENSEE may be eligible for incentives12 through the department of revenue or the office of economic13 development and international trade, including, but not limited to, a14 reduction in application or license fees.15 SECTION 15. In Colorado Revised Statutes, 44-10-605, amend16 (5)(d)(IV) and (5)(d)(V); and add (6), (7), and (8) as follows:17 44-10-605. Retail marijuana transporter license - rules.18 (5) (d) In accordance with this subsection (5) and rules adopted to19 implement this subsection (5), a licensed retail marijuana transporter with20 a valid retail marijuana delivery permit may:21 (IV) Deliver no more than once per day to the same individual or22 residence AT A PERMISSIBLE DELIVERY LOCATION;23 (V) (A) Deliver only to a private residence. PERMISSIBLE24 DELIVERY LOCATIONS;25 (B) For purposes of this section, "private residences" means26 private premises where a person lives, such as a private dwelling place27 HB24-1061 -32- or place of habitation, and specifically excludes any premises located at1 a school or on the campus of an institution of higher education, or any2 other public property.3 (6) A N ACCELERATOR TRANSPORTER LICENSEE MAY OPERATE ON4 THE PREMISES OF A RETAIL MARIJUANA TRANSPORTER LICENSEE IF ,5 BEFORE EACH ACCELERATOR TRANSPORTER LICENSEE OPERATES , THE6 RETAIL MARIJUANA TRANSPORTER LICENSEE HAS ITS PREMISES ENDORSED7 PURSUANT TO RULE AND EACH ACCELERATOR TRANSPORTER LICENSEE IS8 APPROVED TO OPERATE ON THAT PREMISES .9 (7) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN10 ACCELERATOR TRANSPORTER LICENSEE MAY , PURSUANT TO RULE ,11 PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL12 ASSISTANCE TO AN ACCELERATOR TRANSPORTER LICENSEE OPERATING ON13 ITS PREMISES.14 (8) A RETAIL MARIJUANA TRANSPORTER LICENSEE THAT HOSTS AN15 ACCELERATOR TRANSPORTER LICENSEE MAY BE ELIGIBLE FOR INCENTIVES16 AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE OFFICE OF17 ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE , INCLUDING, BUT18 NOT LIMITED TO, A REDUCTION IN APPLICATION OR LICENSE FEES.19 SECTION 16. In Colorado Revised Statutes, 44-10-609, add (5),20 (6), (7), and (8) as follows:21 44-10-609. Marijuana hospitality business license - rules.22 (5) A N ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY OPERATE ON23 THE PREMISES OF A MARIJUANA HOSPITALITY BUSINESS LICENSEE IF ,24 BEFORE EACH ACCELERATOR HOSPITALITY BUSINESS LICENSEE OPERATES ,25 THE MARIJUANA HOSPITALITY BUSINESS LICENSEE HAS ITS PREMISES26 ENDORSED PURSUANT TO RULE AND EACH ACCELERATOR HOSPITALITY27 HB24-1061 -33- BUSINESS LICENSEE IS APPROVED TO OPERATE ON THAT PREMISES .1 (6) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS2 AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY , PURSUANT TO3 RULE, PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL4 ASSISTANCE TO AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE5 OPERATING ON ITS PREMISES.6 (7) A MARIJUANA HOSPITALITY BUSINESS LICENSEE THAT HOSTS7 AN ACCELERATOR HOSPITALITY BUSINESS LICENSEE MAY BE ELIGIBLE FOR8 INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE9 OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE ,10 INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR11 LICENSE FEES.12 (8) I N ACCORDANCE WITH RULES PROMULGATED BY THE STATE13 LICENSING AUTHORITY, A MARIJUANA HOSPITALITY BUSINESS LICENSEE14 WITH A MOBILE FACILITY MAY TEMPORARILY SUSPEND ITS LICENSE15 PRIVILEGES RELATED TO MOBILITY FOR THE PURPOSE OF CONDUCTING16 NON-MARIJUANA COMMERCIAL ACTIVITIES THAT ARE PERMITTED BY THE17 PUBLIC UTILITIES COMMISSION, CREATED IN SECTION 40-2-101, WITHIN18 THE MOBILE FACILITY.19 SECTION 17. In Colorado Revised Statutes, add 44-10-612 as20 follows:21 44-10-612. Retail marijuana accelerator hospitality business22 license. (1) A RETAIL MARIJUANA ACCELERATOR HOSPITALITY BUSINESS23 LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE24 PRIVILEGES OF A RETAIL MARIJUANA HOSPITALITY BUSINESS LICENSEE ON25 THE PREMISES OF AN ACCELERATOR -ENDORSED RETAIL MARIJUANA26 HOSPITALITY BUSINESS LICENSEE. THE RETAIL MARIJUANA ACCELERATOR27 HB24-1061 -34- HOSPITALITY BUSINESS LICENSEE MAY RECEIVE TECHNICAL ASSISTANCE1 AND FINANCIAL SUPPORT FROM THE RETAIL MARIJUANA HOSPITALITY2 BUSINESS LICENSEE WITH AN ACCELERATOR ENDORSEMENT .3 (2) T HE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING4 APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR HOSPITALITY5 BUSINESS LICENSES ON APRIL 1, 2025.6 SECTION 18. In Colorado Revised Statutes, add 44-10-613 as7 follows:8 44-10-613. Retail marijuana accelerator transporter license.9 (1) A RETAIL MARIJUANA ACCELERATOR TRANSPORTER LICENSE MAY BE10 ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE PRIVILEGES OF A11 RETAIL MARIJUANA TRANSPORTER LICENSEE ON THE PREMISES OF AN12 ACCELERATOR-ENDORSED TRANSPORTER LICENSEE . THE RETAIL13 MARIJUANA ACCELERATOR TRANSPORTER LICENSEE MAY RECEIVE14 TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FROM THE RETAIL15 MARIJUANA TRANSPORTER LICENSEE WITH AN ACCELERATOR16 ENDORSEMENT.17 (2) T HE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING18 APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR TRANSPORTER19 LICENSES ON APRIL 1, 2025.20 SECTION 19. In Colorado Revised Statutes, add 44-10-614 as21 follows:22 44-10-614. Retail marijuana independent delivery license -23 rules. (1) (a) O N OR AFTER APRIL 1, 2025, THE STATE LICENSING24 AUTHORITY MAY ISSUE A RETAIL MARIJUANA INDEPENDENT DELIVERY25 LICENSE TO A PERSON WITH A SOCIAL EQUITY LICENSE AUTHORIZING THE26 PERSON TO DELIVER AND SELL RETAIL MARIJUANA AND RETAIL27 HB24-1061 -35- MARIJUANA PRODUCTS TO CONSUMERS AT THE PERMISSIBLE DELIVERY1 LOCATIONS PURSUANT TO THIS ARTICLE 10, RULES PROMULGATED2 PURSUANT TO THIS ARTICLE 10, AND THE PROVISIONS OF THE ORDINANCE3 OR RESOLUTION OF THE LOCAL JURISDICTION WHERE THE LICENSEE4 OPERATES.5 (b) A RETAIL MARIJUANA INDEPENDENT DELIVERER MAY6 PURCHASE WHOLESALE RETAIL MARIJUANA AND WHOLESALE RETAIL7 MARIJUANA PRODUCTS FROM A RETAIL MARIJUANA STORE LICENSEE , AND8 THE RETAIL MARIJUANA INDEPENDENT DELIVERER MAY PURCHASE9 WHOLESALE RETAIL MARIJUANA FROM A RETAIL MARIJ UANA CULTIVATION10 FACILITY LICENSEE AND WHOLESALE RETAIL MARIJ UANA PRODUCTS FROM11 A RETAIL MARIJUANA PRODUCTS MANUFACTURER LICENSEE .12 (c) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL TRACK13 ALL OF ITS RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS FROM14 THE POINT THAT THEY ARE TRANSFERRED FROM A RETAIL MARIJUANA15 STORE OR RETAIL MARIJUANA PRODUCTS MANUFACTURER TO THE POINT16 OF SALE.17 (d) A RETAIL MARIJUANA INDEPENDENT DELIVERY LICENSE18 APPLICANT SHALL PROVIDE PROOF OF AN OBTAINED LICENSED PREMISES19 OR PROOF OF A CONTRACT WITH AN ESTABLISHED SOCIAL EQUITY20 LICENSEE WHO MAINTAINS A LICENSED PREMISES AUTHORIZED BY THE21 STATE TO STORE RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS .22 T HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES23 CONCERNING PERMITTING A RETAIL MARIJUANA INDEPENDENT DELIVERER24 TO STORE RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS AT A25 STATE-AUTHORIZED STORAGE FACILITY OR LICENSED PREMISES .26 (e) F OR PURPOSES OF THIS SECTION , A STATE-AUTHORIZED27 HB24-1061 -36- STORAGE FACILITY IS SUBJECT TO THE SAME SAFETY AND SECURITY1 REQUIREMENTS AS A LICENSED PREMISES , UNLESS EXEMPTED BY RULE.2 (2) (a) N OTWITHSTANDING THE PROVISIONS OF THIS SECTION , A3 RETAIL MARIJUANA INDEPENDENT DELIVERER MAY ALSO SELL RETAIL4 MARIJUANA PRODUCTS THAT ARE PREPACKAGED AND LABELED AS5 REQUIRED BY RULES OF THE STATE LICENSING AUTHORITY PURSUANT TO6 SECTION 44-10-203 (2)(f) AND (3)(b).7 (b) A RETAIL MARIJUANA INDEPENDENT DELIVERER MAY8 TRANSACT WITH A RETAIL MARIJUANA PRODUCTS MANUFACTURER9 LICENSEE FOR THE PURCHASE OF RETAIL MARIJUANA PR ODUCTS AT THE10 RETAIL MARIJUANA PRODUCTS MANUFACTURER LICENSEE 'S LICENSED11 PREMISES OR AT THE RETAIL MARIJUANA INDEPENDENT DELIVERER 'S12 LICENSED PREMISES.13 (3) (a) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL NOT14 DELIVER AND SELL RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS15 IN EXCESS OF THE AMOUNTS ESTABLISHED BY THE STATE LICENSING16 AUTHORITY.17 (b) (I) P RIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN18 INDIVIDUAL, THE PERSON DELIVERING THE ORDER SHALL INSPECT THE19 INDIVIDUAL'S IDENTIFICATION AND VERIFY THAT THE INFORMATION20 PROVIDED AT THE TIME OF THE ORDER MATCHES THE NAME AND DATE OF21 BIRTH ON THE INDIVIDUAL'S IDENTIFICATION.22 (II) I F A RETAIL MARIJUANA INDEPENDENT DELIVERER OR23 EMPLOYEE HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON IS UNDER24 TWENTY-ONE YEARS OF AGE AND IS EXHIBITING FRAUDULENT PROOF OF25 AGE IN AN ATTEMPT TO OBTAIN RETAIL MARIJUANA OR A RETAIL26 MARIJUANA PRODUCT, THE LICENSEE OR EMPLOYEE SHALL NOT TRANSFER27 HB24-1061 -37- POSSESSION OF THE ORDER TO THE INDIVIDUAL . THE RETAIL MARIJUANA1 INDEPENDENT DELIVERER SHALL REPORT THE INCIDENT TO THE STATE2 LICENSING AUTHORITY WITHIN FORTY-EIGHT HOURS AFTER THE INCIDENT3 AND SHALL NOT DELIVER AN ORDER TO THE INDIVIDUAL AGAIN .4 (c) (I) A RETAIL MARIJUANA INDEPENDENT DELIVERER THAT SELLS5 AN INDUSTRIAL HEMP PRODUCT SHALL ENSURE THAT THE INDUSTRIAL6 HEMP PRODUCT HAS PASSED ALL TESTING REQUIRED BY RULES7 PROMULGATED BY THE STATE LICENSING AUTHORITY PURSUANT TO8 SECTION 44-10-203 (2)(d). PRIOR TO TAKING POSSESSION OF THE9 INDUSTRIAL HEMP PRODUCT , A RETAIL MARIJUANA INDEPENDENT10 DELIVERER SHALL VERIFY THE INDUSTRIAL HEMP PRODUCT PASSED ALL11 TESTING REQUIRED FOR RETAIL MARIJUANA PRODUCTS AT A LICENSED12 RETAIL MARIJUANA TESTING FACILITY AND THAT THE PERSON13 TRANSFERRING THE INDUSTRIAL HEMP PRODUCT IS REGISTERED WITH THE14 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO15 SECTION 25-5-426.16 (II) A BSENT SAMPLING AND TESTING STANDARDS ESTABLISHED BY17 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE18 SAMPLING AND TESTING OF AN INDUSTRIAL HEMP PRODUCT , A PERSON19 TRANSFERRING AN INDUSTRIAL HEMP PRODUCT TO A RETAIL MARIJUANA20 INDEPENDENT DELIVERER PURSUANT TO THIS SECTION SHALL COMPLY21 WITH SAMPLING AND TESTING STANDARDS CONSISTENT WITH THOSE22 ESTABLISHED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS23 ARTICLE 10. THE STATE LICENSING AUTHORITY SHALL REPORT TO THE24 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ANY25 INVESTIGATIONS OR FINDINGS OF VIOLATIONS OF THIS SECTION BY A26 PERSON REGISTERED PURSUANT TO SECTION 25-5-426.27 HB24-1061 -38- (d) WHEN COMPLETING A SALE OF RETAIL MARIJUANA1 CONCENTRATE, THE RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL2 PROVIDE THE CUSTOMER WITH THE TANGIBLE EDUCATIONAL RESOURCE3 CREATED BY THE STATE LICENSING AUTHORITY THROUGH RULE -MAKING4 REGARDING THE USE OF RETAIL MARIJUANA CONCENTRATE .5 (4) A LL RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS6 SOLD BY A RETAIL MARIJUANA INDEPENDENT DELIVERER MUST BE7 PACKAGED AND LABELED AS REQUIRED BY RULES OF THE STATE LICENSING8 AUTHORITY PURSUANT TO SECTION 44-10-203 (2)(f) AND (3)(b).9 (5) (a) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL10 ONLY SELL RETAIL MARIJUANA , RETAIL MARIJUANA PRODUCTS ,11 MARIJUANA ACCESSORIES , NONCONSUMABLE PRODUCTS SUCH AS12 APPAREL, MARIJUANA-RELATED PRODUCTS SUCH AS CHILDPROOF13 PACKAGING CONTAINERS , AND INDUSTRIAL HEMP PRODUCTS . A RETAIL14 MARIJUANA INDEPENDENT DELIVERER SHALL NOT SELL OR GIVE AWAY15 ANY CONSUMABLE PRODUCT , INCLUDING, BUT NOT LIMITED TO ,16 CIGARETTES OR ALCOHOL , OR EDIBLE PRODUCTS THAT DO NOT CONTAIN17 MARIJUANA, INCLUDING, BUT NOT LIMITED TO, SODAS, CANDIES, OR18 BAKED GOODS.19 (b) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL NOT20 SELL ANY RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS THAT21 CONTAIN NICOTINE OR ALCOHOL IF THE SALE OF THE ALCOHOL WOULD22 REQUIRE A LICENSE PURSUANT TO ARTICLE 3, 4, 5, OR 7 OF THIS TITLE 44.23 (c) (I) A RETAIL MARIJUANA INDEPENDENT DELIVERER MAY24 ACCEPT PAYMENT ONLINE FOR THE SALE OF RETAIL MARIJUANA AND25 RETAIL MARIJUANA PRODUCTS .26 (II) A T THE TIME OF AN ONLINE ORDER, THE RETAIL MARIJUANA27 HB24-1061 -39- INDEPENDENT DELIVERER SHALL REQUIRE THE PURCHASING INDIVIDUAL1 TO PROVIDE INFORMATION NECESSARY TO VERIFY THAT THE INDIVIDUAL2 IS AT LEAST TWENTY-ONE YEARS OF AGE. AT A MINIMUM, THE RETAIL3 MARIJUANA INDEPENDENT DELIVERER SHALL REQUIRE THE INDIVIDUAL 'S4 NAME, THE INDIVIDUAL'S DATE OF BIRTH, AND ANY OTHER INFORMATION5 REQUIRED BY THE STATE LICENSING AUTHORITY BY RULE . WHEN THE6 RETAIL MARIJUANA INDEPENDENT DELIVERER DELIVERS THE ONLINE7 ORDER, THE RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL INSPECT8 THE INDIVIDUAL'S IDENTIFICATION. THE RETAIL MARIJUANA INDEPENDENT9 DELIVERER SHALL NOT TRANSFER POSSESSION OF THE ORDER UNLESS THE10 NAME AND DATE OF BIRTH PROVIDED AT THE TIME OF THE ORDER11 MATCHES THE NAME AND DATE OF BIRTH ON THE INDIVIDUAL 'S12 IDENTIFICATION.13 (III) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL14 ENSURE THAT AN INDIVIDUAL PURCHASING RETAIL MARIJUANA OR RETAIL15 MARIJUANA PRODUCTS ONLINE IS PROVIDED WITH DIGITAL VERSIONS OF16 ALL WARNINGS OR EDUCATIONAL MATERIALS THAT THE RETAIL17 MARIJUANA INDEPENDENT DELIVERER IS REQUIRED TO POST AND PROVIDE18 PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION AND ANY ADDITIONAL19 RELEVANT WARNINGS OR EDUCATIONAL MATERIALS , AS APPLICABLE. THE20 INDIVIDUAL MUST AC KNOWLEDGE RECEIPT OF THE WARNINGS AND21 EDUCATIONAL MATERIALS BEFORE COMPLETING THE PURCHASE .22 (6) R ETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS MUST23 NOT BE CONSUMED IN A RETAIL MARIJUANA INDEPENDENT DELIVERER 'S24 VEHICLE OR ON ANY LICENSED PREMISES .25 (7) N OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW ,26 SALES OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ARE NOT27 HB24-1061 -40- EXEMPT FROM STATE OR LOCAL SALES TAX .1 (8) A PRODUCT LISTED FOR SALE BY A RETAIL MARIJUANA2 INDEPENDENT DELIVERER OF RETAIL MARIJUANA CONCENTRATE MUST3 INCLUDE THE POTENCY OF THE RETAIL MARIJUANA CONCENTRATE NEXT4 TO THE NAME OF THE PRODUCT AND SAFETY WARNINGS AND HEALTH5 RISKS FOR RETAIL MARIJUANA CONCENTRATES , AS PROMULGATED BY6 RULE.7 (9) (a) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL NOT8 MAKE DELIVERIES OF RETAIL MARIJUANA OR RETAIL MARIJUANA9 PRODUCTS TO INDIVIDUALS WHILE ALSO TRANSPORTING RETAIL10 MARIJUANA OR RETAIL MARIJUANA PRODUCTS BETWEEN LICENSEES '11 LICENSED PREMISES IN THE SAME VEHICLE.12 (b) A RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL NOT13 ENGAGE IN THIRD -PARTY BUSINESS -TO-BUSINESS LOGISTICS ,14 DISTRIBUTION, DELIVERY, OR STORAGE OF RETAIL MARIJUANA AND RETAIL15 MARIJUANA PRODUCTS UNLESS THE RETAIL MARIJUANA INDEPENDENT16 DELIVERER ALSO OBTAINS A VALID RETAIL MARIJUANA TRANSPORTER17 LICENSE.18 (c) A RETAIL MARIJUANA INDEPENDENT DELIVERER MAY DELIVER19 RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ONLY TO THE20 INDIVIDUAL WHO PLACED THE ORDER AND WHO :21 (I) I S TWENTY-ONE YEARS OF AGE OR OLDER;22 (II) R ECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL23 MARIJUANA PRODUCTS PURSUANT TO RULES ; AND24 (III) P OSSESSES A VALID FORM OF IDENTIFICATION.25 (d) A PERSON DELIVERING RETAIL MARIJUANA OR RETAIL26 MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE27 HB24-1061 -41- AND BE A CURRENT EMPLOYEE OF THE RETAIL MARIJUANA INDEPENDENT1 DELIVERER AND MUST HAVE UNDERGONE RESPONSIBLE VE NDOR TRAINING2 AS REQUIRED BY THE STATE LICENSING AUTHORITY .3 (e) I N ACCORDANCE WITH THIS SUBSECTION (9) AND RULES4 ADOPTED TO IMPLEMENT THIS SUBSECTION (9), A RETAIL MARIJUANA5 INDEPENDENT DELIVERER:6 (I) S HALL NOT DELIVER RETAIL MARIJUANA OR RETAIL MARIJ UANA7 PRODUCTS IN EXCESS OF THE AMOUNTS ESTABLISHED BY THE STATE8 LICENSING AUTHORITY;9 (II) S HALL DELIVER ONLY TO AN INDIVIDUAL AT THE ADDRESS10 PROVIDED IN THE ORDER;11 (III) S HALL NOT DELIVER MORE THAN ONCE PER DAY TO THE SAME12 INDIVIDUAL AT A PERMISSIBLE DELIVERY LOCATION ;13 (IV) S HALL DELIVER ONLY TO PERMISSIBLE DELIVERY LOCATIONS ;14 (V) S HALL DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA15 PRODUCTS ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION16 AND THE RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTION17 44-10-203 (2)(dd);18 (VI) S HALL USE AN EMPLOYEE TO CONDUCT DELIVERIES ; AND19 (VII) S HALL USE AN ASSOCIATED LICENSED PREMISES TO STORE ,20 PACKAGE, AND LABEL THE RETAIL MARIJUANA OR RETAIL MARIJUANA21 PRODUCTS.22 (f) (I) A T THE TIME OF THE ORDER , THE RETAIL MARIJUANA23 INDEPENDENT DELIVERER SHALL REQUIRE THE INDIVIDUAL TO PROVIDE24 INFORMATION NECESSARY TO VERIFY THE INDIVIDUAL IS AT LEAST25 TWENTY-ONE YEARS OF AGE. THE PROVIDED INFORMATION MUST , AT A26 MINIMUM, INCLUDE THE FOLLOWING:27 HB24-1061 -42- (A) THE INDIVIDUAL'S NAME AND DATE OF BIRTH;1 (B) T HE ADDRESS OF THE PERMISSIBLE DELIVERY LOCATION2 WHERE THE ORDER IS DELIVERED; AND3 (C) A NY OTHER INFORMATION REQUIRED BY STATE LICENSING4 AUTHORITY RULE.5 (II) P RIOR TO TRANSFERRING POSSESSION OF THE ORDER TO AN6 INDIVIDUAL, THE RETAIL MARIJUANA INDEPENDENT DELIVERER7 DELIVERING THE ORDER SHALL INSPECT THE INDIVIDUAL 'S IDENTIFICATION8 AND VERIFY THAT THE INFORMATION PROVIDED AT THE TIME THE ORDER9 IS PLACED MATCHES THE NAME AND DATE OF BIRTH ON THE INDIVIDUAL 'S10 IDENTIFICATION.11 (g) T HE RETAIL MARIJUANA INDEPENDENT DELIVERER SHALL NOT12 SELL RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS DIRECTLY13 FROM THE DELIVERY VEHICLE.14 (h) (I) U NLESS OTHERWISE PROVIDED BY THE STATE LICENSING15 AUTHORITY BY RULES PROMULGATED PURSUANT TO THIS ARTICLE 10, ALL16 REQUIREMENTS APPLICABLE TO OTHER LICENSES ISSUED PURSUANT TO17 THIS ARTICLE 10 APPLY TO THE DELIVERY OF RETAIL MARIJUANA AND18 RETAIL MARIJUANA PRODUCTS , INCLUDING, BUT NOT LIMITED TO ,19 INVENTORY TRACKING , TRANSPORTATION, AND PACKAGING AND20 LABELING REQUIREMENTS.21 (II) T HE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED22 PURSUANT TO SECTION 44-10-203 (3)(a) APPLY TO RETAIL MARIJUANA23 INDEPENDENT DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (9).24 (i) (I) N OTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,25 DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS IS NOT26 PERMITTED IN ANY MUNICIPALITY , COUNTY, OR CITY AND COUNTY UNLESS27 HB24-1061 -43- THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY , BY EITHER A1 MAJORITY OF THE REGISTERED ELECTORS OF THE MUNICIPALITY , COUNTY,2 OR CITY AND COUNTY VOTING AT A REGULAR ELECTION OR SPECIAL3 ELECTION CALLED IN ACCORDANCE WITH THE "COLORADO MUNICIPAL4 E LECTION CODE OF 1965", ARTICLE 10 OF TITLE 31, OR THE "UNIFORM5 E LECTION CODE OF 1992", ARTICLES 1 TO 13 OF TITLE 1, AS APPLICABLE,6 OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE7 MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTE TO ALLOW THE8 DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS9 PURSUANT TO THIS SECTION.10 (II) A N ORDINANCE ADOPTED PURSUANT TO SUBSECTION (9)(i)(I)11 OF THIS SECTION MAY PROHIBIT DELIVERY OF RETAIL MARIJUANA AND12 RETAIL MARIJUANA PRODUCTS FROM A RETAIL MARIJUANA INDEPENDENT13 DELIVERER THAT IS OUTSIDE A MUNICIPALITY'S, COUNTY'S, CITY'S, OR CITY14 AND COUNTY'S JURISDICTIONAL BOUNDARIES TO AN ADDRESS WITHIN ITS15 JURISDICTIONAL BOUNDARIES.16 (j) N OTWITHSTANDING ANY PROVISIONS OF THIS SECTION ,17 DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS IS NOT18 PERMITTED AT ANY SCHOOL OR ON THE CAMPUS OF ANY INSTITUTION OF19 HIGHER EDUCATION.20 (k) T HE STATE LICENSING AUTHORITY MAY BEGIN ISSUING21 INDEPENDENT DELIVERY LICENSES TO QUALIFIED RETAIL MARIJUANA22 INDEPENDENT DELIVERER APPLICANTS ON AND AFTER , BUT NOT EARLIER23 THAN, APRIL 1, 2025.24 (10) A RETAIL MARIJUANA INDEPENDENT DELIVERER THAT HOSTS25 AN ACCELERATOR INDEPENDENT DELIVERER MAY , PURSUANT TO RULE,26 PROVIDE TECHNICAL AND COMPLIANCE ASSISTANCE AND CAPITAL27 HB24-1061 -44- ASSISTANCE TO AN ACCELERATOR INDEPENDENT DELIVERER OPERATING1 ON ITS PREMISES WITH SHARED OPERATIONS PRIVILEGES .2 (11) A RETAIL MARIJUANA INDEPENDENT DELIVERER THAT HOSTS3 AN ACCELERATOR INDEPENDENT DELIVERER MAY BE ELIGIBLE FOR4 INCENTIVES AVAILABLE THROUGH THE DEPARTMENT OF REVENUE OR THE5 OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE ,6 INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN APPLICATION OR7 LICENSE FEES.8 SECTION 20. In Colorado Revised Statutes, add 44-10-615 as9 follows:10 44-10-615. Retail marijuana accelerator independent delivery11 license. (1) A RETAIL MARIJUANA ACCELERATOR INDEPENDENT DELIVERY12 LICENSE MAY BE ISSUED TO A SOCIAL EQUITY LICENSEE TO EXERCISE THE13 PRIVILEGES OF A RETAIL MARIJUANA INDEPENDENT DELIVERER ON THE14 PREMISES OF AN ACCELERATOR -ENDORSED RETAIL MARIJUANA15 INDEPENDENT DELIVERER . THE RETAIL MARIJUANA ACCELERATOR16 INDEPENDENT DELIVERER MAY RECEIVE TECHNICAL ASSISTANCE AND17 FINANCIAL SUPPORT FROM THE RETAIL MARIJUANA INDEPENDENT18 DELIVERER WITH AN ACCELERATOR ENDORSEMENT .19 (2) T HE STATE LICENSING AUTHORITY SHALL BEGIN ACCEPTING20 APPLICATIONS FOR RETAIL MARIJUANA ACCELERATOR INDEPENDENT21 DELIVERY LICENSES ON APRIL 1, 2025.22 SECTION 21. In Colorado Revised Statutes, 44-10-1401, amend23 (2) as follows:24 44-10-1401. Sunset review - repeal of article. (2) Prior to the25 repeal of this article 10, the department of regulatory agencies shall26 conduct a sunset review as described in section 24-34-104 (5). A S PART27 HB24-1061 -45- OF THE SUNSET REVIEW, THE DEPARTMENT OF REGULATORY AGENCIES1 SHALL ANALYZE , EVALUATE, AND SUBMIT RECOMME NDATIONS2 CONCERNING SOCIAL EQUITY LICENSING AND THE MEDICAL MARIJUANA3 INDEPENDENT DELIVERER OR RETAIL MARIJUANA INDEPENDENT4 DELIVERER LICENSING.5 SECTION 22. In Colorado Revised Statutes, 24-34-104, amend6 (29)(a)(XII) as follows:7 24-34-104. General assembly review of regulatory agencies8 and functions for repeal, continuation, or reestablishment -9 legislative declaration - repeal. (29) (a) The following agencies,10 functions, or both, are scheduled for repeal on September 1, 2028:11 (XII) The "Colorado Marijuana Code", article 10 of title 44,12 INCLUDING SOCIAL EQUITY LICENSING;13 SECTION 23. In Colorado Revised Statutes, 24-48.5-128,14 amend (3)(a)(II) as follows:15 24-48.5-128. Program - marijuana entrepreneurs - social16 equity licensees - report - marijuana entrepreneur fund - creation -17 legislative declaration - definitions. (3) Loans, grants, and technical18 assistance. (a) There is created within the office a program to support19 entrepreneurs in the marijuana industry. The office shall use the money20 specified in subsection (4) of this section for the following purposes,21 including any related administrative expenses:22 (II) Grants to:23 (A) Social equity licensees to support innovation and job creation;24 and 25 (B) Organizations that support marijuana businesses to be used26 to support innovation and job creation of social equity licensees; AND27 HB24-1061 -46- (C) LOCAL JURISDICTIONS THAT ESTABLISH A SOCIAL EQUITY1 LICENSING PROGRAM FOR REGULATED MARIJUANA BUSINESS LICENSES OR2 PERMITS LOCATED WITHIN THEIR LOCAL JURISDICTIONS . SUBJECT TO3 AVAILABLE APPROPRIATIONS, THE OFFICE SHALL AWARD NO MORE THAN4 FIVE HUNDRED THOUSAND DOLLARS IN GRANTS PURSUANT TO THIS5 SUBSECTION (3)(a)(II)(C). THE OFFICE SHALL NOT AWARD A LOCAL6 JURISDICTION GRANT PURSUANT TO THIS SUBSECTION (3)(a)(II)(C) TO A7 GRANT RECIPIENT MORE THAN ONCE . THE LOCAL JURISDICTION GRANTS8 AWARDED PURSUANT TO THIS SUBSECTION (3)(a)(II)(C) MAY BE USED BY9 THE GRANT RECIPIENT TO ASSIST REGULATED MARIJUANA BUSINESS10 LICENSEES OR PERMITEES WITHIN THE GRANT RECIPIENT 'S LOCAL11 JURISDICTION'S SOCIAL EQUITY PROGRAM WITH EMPLOYEE12 COMPENSATION, START-UP COSTS, SATISFYING COMPLIANCE AND13 ENFORCEMENT REQUIREMENTS , AND OFFSETTING LICENSING AND14 PERMITTING FEES. A GRANT RECIPIENT DESCRIBED IN THIS SUBSECTION15 (3)(a)(II)(C) SHALL NOT USE A LOTTERY PROCESS , OR SIMILAR PROCESS,16 FOR DETERMINING WHICH SOCIAL EQUITY LICENSEES OR PERMITEES WILL17 BENEFIT FROM THE GRANT AWARD ISSUED PURSUANT TO THIS SUBSECTION18 (3)(a)(II)(C).19 SECTION 24. In Colorado Revised Statutes, add 39-22-560 as20 follows:21 39-22-560. Marijuana accelerator program participation tax22 credit - tax preference performance statement - review - legislative23 declaration - definitions - repeal. (1) (a) I N ACCORDANCE WITH24 SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW25 TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE26 STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE27 HB24-1061 -47- GENERAL ASSEMBLY FINDS AND DECLARES THAT THE PURPOSE OF THE TAX1 CREDIT PROVIDED IN THIS SECTION IS TO PROVIDE TAX RELIEF TO CERTAIN2 BUSINESSES, SPECIFICALLY ACCELERATOR-ENDORSED LICENSEES, AND TO3 INDUCE DESIGNATED BEHAVIOR BY CERTAIN TAXPAYERS , SPECIFICALLY4 ELIGIBLE ACCELERATOR-ENDORSED LICENSEES, TO HOST AND OFFER5 TECHNICAL AND CAPITAL SUPPORT TO A SOCIAL EQUITY LICENSEE FOR THE6 PURPOSE OF FOSTERING DIVERSITY AND EQUITY WITHIN THE MARIJUANA7 INDUSTRY.8 (b) T HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL9 MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE10 SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE11 INFORMATION REQUIRED TO BE MAINTAINED BY AND REPORTED TO THE12 STATE AUDITOR BY THE DEPARTMENT PURSUANT TO SUBSECTION (6) OF13 THIS SECTION.14 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE15 REQUIRES:16 (a) "A CCELERATOR-ENDORSED LICENSEE" HAS THE SAME17 MEANING AS SET FORTH IN SECTION 44-10-103 (2).18 (b) "D EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .19 (c) "E LIGIBLE ACCELERATOR-ENDORSED LICENSEE" MEANS AN20 ACCELERATOR-ENDORSED LICENSEE THAT HAS HOSTED AND OFFERED21 TECHNICAL AND CAPITAL SUPPORT TO A SOCIAL EQUITY LICENSEE FOR22 TWELVE CONSECUTIVE MONTHS .23 (d) "S OCIAL EQUITY LICENSEE" HAS THE SAME MEANING AS SET24 FORTH IN SECTION 44-10-103 (68.5).25 (3) F OR INCOME TAX YEARS STARTING ON OR AFTER JANUARY 1,26 2026, BUT BEFORE JANUARY 1, 2036, AN ELIGIBLE27 HB24-1061 -48- ACCELERATOR-ENDORSED LICENSEE IS ALLOWED A CREDIT AGAINST THE1 INCOME TAXES IMPOSED BY THIS ARTICLE 22 IN THE AMOUNT OF FIFTY2 THOUSAND DOLLARS.3 (4) T HE DEPARTMENT SHALL DEVELOP STANDARDS AS NECESSARY4 FOR THE IMPLEMENTATION OF THIS SECTION . THE DEPARTMENT MAY5 ANNUALLY REVIEW AND UPDATE THESE STANDARDS . THE DEPARTMENT6 SHALL POST THE MOST RECENT STANDARDS ON THE DEPARTMENT 'S7 WEBSITE.8 (5) I F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE9 AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE10 TAXPAYER IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING11 CLAIMED, THE AMOUNT OF THE CREDIT NOT BEING USED AS AN OFFSET12 AGAINST INCOME TAXES IN THAT INCOME TAX YEAR MAY BE CARRIED13 FORWARD AS A CREDIT AGAINST SUBSEQUENT YEARS ' INCOME TAX14 LIABILITY FOR A PERIOD NOT EXCEEDING FIVE YEARS AND MUST BE15 APPLIED FIRST TO THE EARLIEST INCOME TAX YEARS POSSIBLE . ANY16 CREDIT REMAINING AFTER THE PERIOD IS NOT REFUNDED OR CREDITED TO17 THE TAXPAYER.18 (6) P URSUANT TO SECTION 39-21-304 (3), AND FOR THE PURPOSE19 OF PROVIDING DATA TO MEASURE THE EFFECTIVENESS OF THE TAX CREDIT20 ALLOWED PURSUANT TO THIS SECTION , THE DEPARTMENT, ON OR BEFORE21 J ANUARY 1, 2027, AND ON OR BEFORE JANUARY 1 EACH YEAR22 THEREAFTER THROUGH JANUARY 1, 2036, SHALL PROVIDE THE STATE23 AUDITOR INFORMATION THAT DETAILS THE NUMBER AND VALUE OF24 CREDITS CLAIMED, THE TOTAL NUMBER OF ACCELERATOR -ENDORSED25 LICENSEES, THE TOTAL NUMBER OF SOCIAL EQUITY LICENSEES HOSTED BY26 ACCELERATOR-ENDORSED LICENSEES, THE DURATION OF OPERATION OF27 HB24-1061 -49- THE SOCIAL EQUITY LICENSEE 'S REGULATED MARIJUANA BUSINESS1 LICENSE OR PERMIT WHEN HOSTED BY ACCELERATOR -ENDORSED2 LICENSEES, AND THE TOTAL NUMBER OF SOCIAL EQUITY LICENSEES IN THE3 STATE, FOR CONSIDERATION DURING THE STATE AUDITOR 'S EVALUATION4 OF THIS TAX EXPENDITURE PURSUANT TO SECTION 39-21-305.5 (7) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2044.6 SECTION 25. In Colorado Revised Statutes, 39-28.8-202,7 amend (1)(a)(I) as follows:8 39-28.8-202. Retail marijuana sales tax - rules. (1) (a) (I) In9 addition to the tax imposed pursuant to part 1 of article 26 of this title 3910 and the sales tax imposed by a local government pursuant to title 29, 30,11 31, or 32, but except as otherwise set forth in subsections (1)(a)(II) and12 (1)(a)(III) of this section, beginning January 1, 2014, and through June13 30, 2017, there is imposed upon all RETAIL sales of retail marijuana and14 retail marijuana products by a retailer a tax at the rate of ten percent of15 the amount of the sale. Beginning July 1, 2017, there is imposed upon all16 sales of retail marijuana and retail marijuana products by a retailer a tax17 at the rate of fifteen percent of the amount of the sale. The tax imposed18 by this section is computed in accordance with schedules or forms19 prescribed by the executive director of the department; except that a retail 20 marijuana store RETAILER is not allowed to retain any portion of the retail21 marijuana sales tax collected pursuant to this part 2 to cover the expenses22 of collecting and remitting the tax. The executive director may23 promulgate rules to implement this section.24 SECTION 26. Safety clause. The general assembly finds,25 determines, and declares that this act is necessary for the immediate26 preservation of the public peace, health, or safety or for appropriations27 HB24-1061 -50- for the support and maintenance of the departments of the state and state1 institutions.2 HB24-1061 -51-