Colorado 2024 Regular Session

Colorado House Bill HB1061 Latest Draft

Bill / Introduced Version Filed 01/10/2024

                            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
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-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
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-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
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-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
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-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
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-50- for the support and maintenance of the departments of the state and state1
institutions.2
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-51-