Colorado 2024 Regular Session

Colorado Senate Bill SB076 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0669.01 Jery Payne x2157
18 SENATE BILL 24-076
2-BY SENATOR(S) Van Winkle and Gonzales, Buckner, Fields, Hansen,
3-Hinrichsen, Marchman, Priola;
4-also REPRESENTATIVE(S) Lindstedt, Bacon, Garcia, Hernandez, Herod,
5-Lindsay, Mabrey, Mauro, Ortiz, Snyder, Titone, Valdez, Velasco, Willford.
9+Senate Committees House Committees
10+Finance Finance
11+Appropriations
12+A BILL FOR AN ACT
613 C
7-ONCERNING MEASURES TO ADDRESS EFFICIENCY IN THE REGULATION OF
8-EXISTING MARIJUANA LICENSEES
9-.
10-
11-Be it enacted by the General Assembly of the State of Colorado:
12-SECTION 1. In Colorado Revised Statutes, 44-10-103, amend
13-(18); and add (16.5) as follows:
14-44-10-103. Definitions - rules. As used in this article 10, unless the
15-context otherwise requires:
14+ONCERNING MEASURES TO ADDRESS EFFICIE NCY IN THE REGULATION101
15+OF EXISTING MARIJUANA LICENSEES .102
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+Current law allows the transfer of immature plants, seeds, and
24+genetic material between a medical or retail cultivation facility and
25+certain people, including people approved by rule. Sections 1, 7, and 10
26+of the bill allow this transfer from or to a medical or retail marijuana
27+cultivation facility from or to a person permitted by another jurisdiction
28+to possess or cultivate marijuana. The medical or retail cultivation facility
29+HOUSE
30+Amended 3rd Reading
31+May 7, 2024
32+HOUSE
33+Amended 2nd Reading
34+May 6, 2024
35+SENATE
36+3rd Reading Unamended
37+April 29, 2024
38+SENATE
39+Amended 2nd Reading
40+April 26, 2024
41+SENATE SPONSORSHIP
42+Van Winkle and Gonzales, Buckner, Fields, Hansen, Hinrichsen, Marchman, Priola
43+HOUSE SPONSORSHIP
44+Lindstedt, Bacon, Garcia, Hernandez, Herod, Lindsay, Mabrey, Mauro, Ortiz, Snyder,
45+Titone, Valdez, Velasco, Willford
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. must confirm that the purchaser is 21 years of age or older. The
49+cultivation facility may accept online payments for the transfer. The state
50+licensing authority may promulgate rules to implement the provision, but
51+limits are placed on the rules that the state licensing authority may adopt.
52+Section 2 limits the frequency at which regulated marijuana and
53+a regulated marijuana product need to be tested to no more than once for
54+each required test and otherwise requires the elimination of redundant
55+testing. Section 2 also exempts the fungi in the genus aspergillus from
56+product testing.
57+Current law requires beneficial owners and people who have
58+access to the limited access areas of a medical marijuana business or retail
59+marijuana business to have identification cards. Section 2 repeals the
60+requirement that beneficial owners have identification cards, but retains
61+the requirement that people with access to the limited access areas need
62+to have identification cards.
63+Section 2 also specifies that a licensee need not use radio
64+frequency identification tags to tag or track marijuana and marijuana
65+products.
66+Current law requires the marijuana enforcement division in the
67+department of revenue (division) to promulgate rules requiring testing of
68+marijuana and marijuana products for contaminants or substances that are
69+harmful to health. Section 2 clarifies that these tests should be made to
70+determine whether the contaminants or substances are present in amounts
71+that are harmful to health. Current law allows a licensee to remediate
72+marijuana or marijuana products that have failed a test. Section 2
73+removes a requirement that the licensee identify on the labeling that the
74+product has failed a test when the product subsequently passed the same
75+test. Section 2 also authorizes retesting when the marijuana or marijuana
76+product has failed a test.
77+Current law authorizes the division to establish procedures to issue
78+a conditional employee identification card, which allows an individual to
79+work for a license holder, after the individual has submitted an initial
80+application and the division has conducted an investigation regarding the
81+application but before the fingerprint record check is finished. Section 2
82+requires the division to promulgate rules and issue the employee
83+identification card upon initial review of the application.
84+The division is required to adopt rules authorizing a licensee to
85+conduct fewer tests than normal upon demonstrating that the licensee's
86+standard operating procedures and production practices result in
87+consistent passing test results (program). Section 2 specifically authorizes
88+this program and sets an expiration date for reduced testing under the
89+program at 3 years.
90+Sections 2, 4, 5, 6, 8, 9, and 11 extend the initial license and
91+license renewal periods from one year to 2 years.
92+Section 3 requires the division to establish a system that allows a
93+076
94+-2- medical or retail marijuana business that transports marijuana or
95+marijuana products to use an electronic manifest system.
96+Section 5 requires the division to retain fingerprints submitted for
97+initial licensure for use in a criminal history record check for license
98+renewal. Section 5 also authorizes a person who holds multiple licenses
99+or affiliated persons who hold multiple licenses to submit a unified
100+application for license renewal. The license holders must elect to have
101+one or more licenses expire in less than 2 years in order to coordinate the
102+expiration date.
103+Section 12 requires the division to promulgate rules categorizing
104+each violation as a safety violation or a technical violation. The division
105+will expunge technical violations from a licensee's record on the later date
106+of one year after the violation is reported or when the license is renewed.
107+Section 13 reduces the amount of time for which a marijuana
108+licensee must retain books and records that show the business's
109+transactions from 3 years to one year.
110+Current law requires that excise tax be levied on the first transfer
111+of unprocessed retail marijuana. Section 14 specifies that the transfer of
112+unprocessed retail marijuana exclusively for microbial control is not the
113+first transfer of unprocessed retail marijuana for taxation purposes.
114+Be it enacted by the General Assembly of the State of Colorado:1
115+SECTION 1. In Colorado Revised Statutes, 44-10-103, amend2
116+(18); and add (16.5) as follows:3
117+44-10-103. Definitions - rules. As used in this article 10, unless4
118+the context otherwise requires:5
16119 (16.5) (a) "G
17-ENETIC MATERIAL" MEANS CANNABIS MATERIAL USED
18-TO PROPAGATE CANNABIS PLANTS
19-.
120+ENETIC MATERIAL" MEANS CANNABIS MATERIAL USED6
121+TO PROPAGATE CANNABIS PLANTS .7
20122 (b) "G
21-ENETIC MATERIAL" INCLUDES:
123+ENETIC MATERIAL" INCLUDES:8
22124 (I) I
23125 MMATURE PLANTS CONTAINING A DELTA -9
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. TETRAHYDROCANNABINOL CONCENTRATION OF NO MORE THAN
32-THREE
33--TENTHS OF ONE PERCENT ON A DRY WEIGHT BASIS ;
126+9
127+TETRAHYDROCANNABINOL CONCENTR ATION OF NO MORE THAN10
128+THREE-TENTHS OF ONE PERCENT ON A DRY WEIGHT BASIS ;11
34129 (II) C
35-ANNABIS SEEDS;
130+ANNABIS SEEDS;12
36131 (III) T
37-ISSUE CULTURE; AND
38-(IV) SMALL AMOUNTS OR FRAGMENTS OF THE CANNABIS PLANT
39-CONTAINING A DELTA
40--9 TETRAHYDROCANNABI NOL CONCENTRATION OF NO
41-MORE THAN THREE
42--TENTHS OF ONE PERCENT ON A DRY-WEIGHT BASIS.
43-(18) "Immature plant" means a nonflowering marijuana plant that
44-is no taller than eight
45- FIFTEEN inches and no wider than eight FIFTEEN
46-inches AND is produced from a cutting, clipping, or seedling. and is in a
47-cultivating container.
48-SECTION 2. In Colorado Revised Statutes, 44-10-203, amend (1)
49-introductory portion, (2) introductory portion, (2)(d)(III)(A), (2)(d)(III)(B),
50-(2)(e), (2)(t), (2)(dd)(XIV), and (3)(h); and add (1)(j.3) as follows:
51-44-10-203. State licensing authority - rules. (1) Permissive
52-rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) may
53-include but need not be limited to the following subjects:
54-(j.3) T
55-HE DOCUMENTATION A NATURAL PERSON APPLYING TO BE A
56-SOCIAL EQUITY LICENSEE MUST PROVIDE AND THE DOCUMENTATION
57-VERIFICATION THE STATE LICENSING AUTHORITY PERFORMS
58-;
59-(2) Mandatory rule-making. Rules promulgated pursuant to
60-section 44-10-202 (1)(c) must include but need not be limited to
61- the
62-following subjects:
63-(d) (III) (A) If test results indicate the presence of quantities of any
64-A substance determined to be injurious to health, the medical marijuana or
65-retail marijuana licensee shall immediately quarantine the products and
66-notify the state licensing authority. The state licensing authority shall give
67-the licensee an opportunity to remediate
68-OR DECONTAMINATE the product
69-if the test indicated the presence of a microbial. If the licensee is unable to
70-remediate
71-OR DECONTAMINATE the product, the licensee shall document and
72-properly destroy the adulterated product. I
73-F THE LICENSEE IS ABLE TO
74-PAGE 2-SENATE BILL 24-076 REMEDIATE OR DECONTAMINATE THE PRODUCT AND THE PRODUCT PASSES
75-RETESTING
76-, THE LICENSEE NEED NOT PROVIDE AN ADDITIONAL LABEL THAT
77-WOULD OTHERWISE NOT BE REQUIRED FOR A PRODUCT THAT PASSED INITIAL
78-TESTING
79-.
80-(B) If retail marijuana or retail marijuana product test results
81-indicate the presence of quantities of any
82- A substance determined to be
132+ISSUE CULTURE; AND13
133+(IV) S
134+MALL AMOUNTS OR FRAGMENTS OF THE CANNABIS PLANT14
135+076-3- CONTAINING A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF1
136+NO MORE THAN THREE-TENTHS OF ONE PERCENT ON A DRY-WEIGHT BASIS.2
137+(18) "Immature plant" means a nonflowering marijuana plant that3
138+is no taller than eight FIFTEEN inches and no wider than eight FIFTEEN4
139+inches
140+AND is produced from a cutting, clipping, or seedling. and is in a
141+5
142+cultivating container.6
143+SECTION 2. In Colorado Revised Statutes, 44-10-203, amend7
144+(1) introductory portion, (2) introductory portion, (2)(d)(III)(A),8
145+(2)(d)(III)(B), (2)(e), (2)(t), (2)(dd)(XIV), and (3)(h); and add (1)(j.3) as9
146+follows:10
147+44-10-203. State licensing authority - rules. (1) Permissive11
148+rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c)12
149+may include but need not be limited to the following subjects:13
150+(j.3) THE DOCUMENTATION A NATURAL PERSON APPLYING TO BE14
151+A SOCIAL EQUITY LICENSEE MUST PROVIDE AND THE DOCUMENTATION15
152+VERIFICATION THE STATE LICENSING AUTHORITY PERFORMS ;16
153+(2) Mandatory rule-making. Rules promulgated pursuant to17
154+section 44-10-202 (1)(c) must include but need not be limited to the18
155+following subjects:19
156+ 20
157+(d) (III) (A) If test results indicate the presence of quantities of21
158+any A substance determined to be injurious to health, the medical22
159+marijuana or retail marijuana licensee shall immediately quarantine the23
160+products and notify the state licensing authority. The state licensing24
161+authority shall give the licensee an opportunity to remediate OR25
162+DECONTAMINATE the product if the test indicated the presence of a26
163+microbial. If the licensee is unable to remediate OR DECONTAMINATE the27
164+076
165+-4- product, the licensee shall document and properly destroy the adulterated1
166+product. IF THE LICENSEE IS ABLE TO REMEDIATE OR DECONTAMINATE THE2
167+PRODUCT AND THE PRODUCT PASSES RETESTING, THE LICENSEE NEED NOT3
168+PROVIDE AN ADDITIONAL LABEL THAT WOULD OTHERWISE NOT BE4
169+REQUIRED FOR A PRODUCT THAT PASSED INITIAL TESTING .5
170+(B) If retail marijuana or retail marijuana product test results6
171+indicate the presence of quantities of any A substance determined to be7
83172 injurious to health,
84-INCLUDING PESTICIDES, the state licensing authority shall
85-give the licensee an opportunity to retest the retail marijuana or retail
86-marijuana product.
87-(e) Security requirements for any premises licensed pursuant to this
88-article 10, including, at a minimum, lighting, physical security, video, and
89-alarm requirements, and other minimum procedures for internal control as
90-deemed necessary by the state licensing authority to properly administer and
91-enforce the provisions of
92- this article 10, including BIENNIAL reporting
93-requirements for changes, alterations, or modifications to the premises;
94-(t) Development of individual identification cards for natural
95-persons who are controlling beneficial owners, and any person operating,
96-INDIVIDUALS working in or having unescorted access to the limited access
97-areas of the licensed premises of a medical marijuana business or retail
98-marijuana business, including a fingerprint-based criminal history record
99-check as may be required by the state licensing authority prior to issuing a
100-card;
101-(dd) Requirements for medical marijuana and medical marijuana
102-products delivery as described in section 44-10-501 (11) and section
103-44-10-505 (5) and retail marijuana and retail marijuana products delivery
104-as described in section 44-10-601 (13) and section 44-10-605 (5), including:
105-(XIV) (A) Requirements for areas where medical marijuana and
106-medical marijuana products or retail marijuana and retail marijuana
107-products orders are stored, weighed, packaged, prepared, and tagged,
108-including requirements that medical marijuana and medical marijuana
109-products or retail marijuana and retail marijuana products cannot be placed
110-into a delivery vehicle until after an order has been placed and that all
111-delivery orders must be packaged on the licensed premises of a medical
112-marijuana store or retail marijuana store or its associated state licensing
113-authority-authorized storage facility as defined by rule after an order has
114-PAGE 3-SENATE BILL 24-076 been received. and
115-(B) BY JANUARY 1, 2027, THE STATE LICENSING AUTHORITY SHALL
116-PROMULGATE RULES THAT DO NOT REQUIRE LICENSEES TO USE RADIO
117-FREQUENCY IDENTIFICATION TECHNOLOGY TO TRACK REGULATED
118-MARIJUANA IN SEED
119--TO-SALE TRACKING SYSTEM REQUIREMENTS
120-ESTABLISHED BY RULE
121-.
122-(3) In promulgating rules pursuant to this section, the state licensing
123-authority may seek the assistance of the department of public health and
124-environment when necessary before promulgating rules on the following
125-subjects:
126-(h) A requirement that every medical marijuana store and retail
173+INCLUDING PESTICIDES, the state licensing authority8
174+shall give the licensee an opportunity to retest the retail marijuana or9
175+retail marijuana product.10
176+
177+ 11
178+(e) Security requirements for any premises licensed pursuant to12
179+this article 10, including, at a minimum, lighting, physical security, video,13
180+and alarm requirements, and other minimum procedures for internal14
181+control as deemed necessary by the state licensing authority to properly15
182+administer and enforce the provisions of this article 10, including16
183+BIENNIAL reporting requirements for changes, alterations, or17
184+modifications to the premises;18
185+(t) Development of individual identification cards for natural19
186+persons who are controlling beneficial owners, and any person operating,20
187+INDIVIDUALS working in or having unescorted access to the limited access21
188+areas of the licensed premises of a medical marijuana business or retail22
189+marijuana business, including a fingerprint-based criminal history record23
190+check as may be required by the state licensing authority prior to issuing24
191+a card;25
192+ 26
193+(dd) Requirements for medical marijuana and medical marijuana27
194+076
195+-5- products delivery as described in section 44-10-501 (11) and section1
196+44-10-505 (5) and retail marijuana and retail marijuana products delivery2
197+as described in section 44-10-601 (13) and section 44-10-605 (5),3
198+including:4
199+(XIV) (A) Requirements for areas where medical marijuana and5
200+medical marijuana products or retail marijuana and retail marijuana6
201+products orders are stored, weighed, packaged, prepared, and tagged,7
202+including requirements that medical marijuana and medical marijuana8
203+products or retail marijuana and retail marijuana products cannot be9
204+placed into a delivery vehicle until after an order has been placed and that10
205+all delivery orders must be packaged on the licensed premises of a11
206+medical marijuana store or retail marijuana store or its associated state12
207+licensing authority-authorized storage facility as defined by rule after an13
208+order has been received. and14
209+(B) B
210+Y JANUARY 1, 2027, THE STATE LICENSING AUTHORITY SHALL
211+15
212+PROMULGATE RULES THAT DO NOT REQUIRE LICENSEES TO USE RADIO16
213+FREQUENCY IDENTIFICATION TECHNOLOGY TO TRACK REGULATED17
214+MARIJUANA IN SEED -TO-SALE TRACKING SYSTEM REQUIREMENTS18
215+ESTABLISHED BY RULE.19
216+(3) In promulgating rules pursuant to this section, the state20
217+licensing authority may seek the assistance of the department of public21
218+health and environment when necessary before promulgating rules on the22
219+following subjects:23
220+(h) A requirement that every medical marijuana store and retail24
127221 marijuana store post, at all times and in a prominent place
128-AT EVERY POINT
129-OF SALE
130-, a warning that has a minimum height of three inches and a width
131-of six inches and that reads:
132-Warning: Using marijuana, in any form, while you are
133-pregnant or breastfeeding passes THC to your baby and may
134-be harmful to your baby. There is no known safe amount of
135-marijuana use during pregnancy or breastfeeding.
136-SECTION 3. In Colorado Revised Statutes, 44-10-308, amend (4);
137-and add (6), (7), (8), and (9) as follows:
138-44-10-308. Business and owner requirements - legislative
139-declaration - definition - rules. (4) (a) Effective January 1, 2021, a
140-NATURAL person who qualifies as a social equity licensee may apply for any
141-regulated marijuana business license or permit, including but not limited to
142-accelerator store, accelerator cultivator, and accelerator manufacturer licenses, issued pursuant to this article 10. A
143-NATURAL person qualifies as
144-a social equity licensee if such THE person meets the following criteria, in
145-addition to any criteria established by rule of the state licensing authority:
146-(a) (I) Is a Colorado resident;
147-(b) (II) Has not been the beneficial owner of a license subject to
148-disciplinary or legal action from the state resulting in the revocation of a
149-license issued pursuant to this article 10;
150-PAGE 4-SENATE BILL 24-076 (c) (III) Has demonstrated at least one of the following:
151-(I) (A) The applicant has resided for at least fifteen years between
152-the years 1980 and 2010 in a census tract designated by the office of
153-economic development and international trade as an opportunity zone or
154-designated as a disproportionate impacted area, as defined by rule pursuant
155-to section 44-10-203 (1)(j);
156-(II)
157- (B) The applicant or the applicant's parent, legal guardian,
158-sibling, spouse, child, or minor in their guardianship was arrested for a
159-marijuana offense, convicted of a marijuana offense, or was
160- subject to civil
161-asset forfeiture related to a marijuana investigation; or
162-(III) (C) The applicant's household income in the year prior to
163-application did not exceed an amount determined by rule of the state
164-licensing authority; and
165-(d)
166- (IV) The social equity licensee, or, collectively, one or more
167-social equity licensees, holds at least fifty-one percent of the beneficial
168-ownership of the regulated marijuana business license.
222+AT EVERY
223+25
224+POINT OF SALE, a warning that has a minimum height of three inches and26
225+a width of six inches and that reads:27
226+076
227+-6- Warning: Using marijuana, in any form, while you are1
228+pregnant or breastfeeding passes THC to your baby and2
229+may be harmful to your baby. There is no known safe3
230+amount of marijuana use during pregnancy or4
231+breastfeeding.5
232+ 6
233+ 7
234+SECTION 3. In Colorado Revised Statutes, 44-10-308, amend8
235+(4); and add (6), (7), (8), and (9) as follows:9
236+44-10-308. Business and owner requirements - legislative10
237+declaration - definition - rules. (4) (a) Effective January 1, 2021, a11
238+NATURAL person who qualifies as a social equity licensee may apply for12
239+any regulated marijuana business license or permit, including but not13
240+limited to accelerator store, accelerator cultivator, and accelerator14
241+manufacturer licenses, issued pursuant to this article 10. A NATURAL15
242+person qualifies as a social equity licensee if such THE person meets the16
243+following criteria, in addition to any criteria established by rule of the17
244+state licensing authority:18
245+(a) (I) Is a Colorado resident;19
246+(b) (II) Has not been the beneficial owner of a license subject to20
247+disciplinary or legal action from the state resulting in the revocation of a21
248+license issued pursuant to this article 10;22
249+(c) (III) Has demonstrated at least one of the following:23
250+(I) (A) The applicant has resided for at least fifteen years between24
251+the years 1980 and 2010 in a census tract designated by the office of25
252+economic development and international trade as an opportunity zone or26
253+designated as a disproportionate impacted area, as defined by rule27
254+076
255+-7- pursuant to section 44-10-203 (1)(j);1
256+(II) (B) The applicant or the applicant's parent, legal guardian,2
257+sibling, spouse, child, or minor in their guardianship was arrested for a3
258+marijuana offense, convicted of a marijuana offense, or was subject to4
259+civil asset forfeiture related to a marijuana investigation; or5
260+(III) (C) The applicant's household income in the year prior to6
261+application did not exceed an amount determined by rule of the state7
262+licensing authority; and8
263+(d) (IV) The social equity licensee, or, collectively, one or more9
264+social equity licensees, holds at least fifty-one percent of the beneficial10
265+ownership of the regulated marijuana business license.11
266+(b) THIS SUBSECTION (4) APPLIES TO A NATURAL PERSON12
267+QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN13
268+APPLICATION FOR A FINDING OF SUITABILITY ON OR BEFORE FEBRUARY 1,14
269+2025.15
270+(6) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,16
271+EFFECTIVE FEBRUARY 1, 2025, A NATURAL PERSON THAT QUALIFIES AS A17
272+SOCIAL EQUITY LICENSEE MAY APPLY FOR ANY REGULATED MARIJUANA18
273+BUSINESS LICENSE OR PERMIT PURSUANT TO THIS ARTICLE 10. A NATURAL19
274+PERSON QUALIFIES AS A SOCIAL EQUITY LICENSEE IF, IN ADDITION TO ANY20
275+CRITERIA ESTABLISHED BY RULE, THE NATURAL PERSON:21
276+(a) HAS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT22
277+TO DISCIPLINARY OR CIVIL ACTION FROM THE STATE LICENSING AUTHORITY23
278+RESULTING IN THE REVOCATION OF A LICENSE ISSUED PURSUANT TO THIS24
279+ARTICLE 10;25
280+(b) HAS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :26
281+(I) THE APPLICANT HAS RESIDED:27
282+076
283+-8- (A) FOR AT LEAST ANY FIVE YEARS OF THE THIRTY-YEAR PERIOD1
284+PRIOR TO THE APPLICATION AND FOR WHICH DATA IS AVAILABLE , IN A2
285+CENSUS TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT3
286+AND INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESI GNATED AS4
287+A DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO5
288+SECTION 44-10-203 (1)(j);6
289+(B) FOR AT LEAST ANY FIVE OF THE THIRTY YEARS PRIOR TO THE7
290+APPLICATION, IN HOUSING WITH FUNDING PROVIDED PURSUANT TO8
291+SECTION 8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF9
292+1937", 42 U.S.C. SECS. 1437f AND 1437g, AS AMENDED; OR10
293+(C) FOR AT LEAST ANY FIVE YEARS BETWEEN 1980 AND 2021, IN11
294+HOUSING WITH FUNDING FROM FEDERAL LOW -INCOME HOUSING TAX12
295+CREDITS, COLORADO AFFORDABLE HOUSING TAX CREDITS, OR FUNDING13
296+PROVIDED PURSUANT TO ANY FEDERAL, STATE, OR LOCAL PROGRAM THAT14
297+RESTRICTS MAXIMUM RENTS FOR NATURAL PERSONS OF LOW OR15
298+MODERATE INCOME THAT, AT THE TIME OF RESIDENCE, WAS SUBJECT TO A16
299+USE RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE17
300+FEDERAL GOVERNMENT , THE STATE GOVERNMENT , A COUNTY18
301+GOVERNMENT, OR A MUNICIPAL GOVERNMENT, OR BY A POLITICAL19
302+SUBDIVISION OR DESIGNATED AGENCY OF THE FEDERAL GOVERNMENT , THE20
303+STATE GOVERNMENT , A COUNTY GOVERNMENT, OR A MUNICIPAL21
304+GOVERNMENT; 22
305+(II) THE APPLICANT OR THE APPLICANT'S SPOUSE, PARENT, OR23
306+LEGAL GUARDIAN WAS ARRESTED FOR AND CONVICTED OF A MARIJUANA24
307+OFFENSE;25
308+(III) THE APPLICANT'S SIBLING OR CHILD OR A MINOR IN THE26
309+APPLICANT'S GUARDIANSHIP WAS ARRESTED FOR OR CONVICTED OF A27
310+076
311+-9- MARIJUANA OFFENSE, AND:1
312+(A) THE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR2
313+CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR3
314+OR CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT'S4
315+GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF A MARIJUANA5
316+OFFENSE RESIDED IN A DISPROPORTIONATE IMPACTED AREA, AS DEFINED6
317+BY RULE PURSUANT TO SECTION 44-10-203 (1)(j), FOR FIVE YEARS7
318+BETWEEN 1980 AND 2021; OR8
319+(B) THE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR9
320+CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR10
321+OR CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT'S11
322+GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF A MARIJUANA12
323+OFFENSE AND HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF THE13
324+PROGRAMS LISTED IN SUBSECTION (6)(b)(IV) OF THIS SECTION FOR AT14
325+LEAST FIVE YEARS BETWEEN 1980 AND 2021; OR15
326+(IV) THE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST16
327+ONE OF THE FOLLOWING PROGRAMS FOR AT LEAST FIVE OF THE TEN YEARS17
328+PRIOR TO SUBMITTING AN APPLICATION:18
329+(A) THE LOW-INCOME ENERGY ASSISTANCE PROGRAM CREATED IN19
330+ARTICLE 8.7 OF TITLE 40;20
331+(B) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM21
332+DESCRIBED IN PART 3 OF ARTICLE 2 OF TITLE 26;22
333+(C) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, AS DEFINED IN23
334+SECTION 26-2-703 (19);24
335+(D) THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR25
336+WOMEN, INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC.26
337+1786; OR27
338+076
339+-10- (E) THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO1
340+6 OF TITLE 25.5; AND2
341+(c) HOLDS AT LEAST FIFTY-ONE PERCENT OF A BENEFICIAL3
342+OWNERSHIP OF A REGULATED MARIJUANA BUSINESS LICENSE ALONE OR4
343+COLLECTIVELY WITH AT LEAST ONE OTHER SOCIAL EQUITY LICENSEE .5
344+(7) (a) FOR THE PURPOSES OF SUBSECTION (6) OF THIS SECTION, AN6
345+APPLICANT IS NOT ELIGIBLE TO BE A SOCIAL EQUITY LICENSEE IF THE7
346+APPLICANT IS A CONTROLLING BENEFICIAL OWNER OF MORE THAN THREE8
347+RETAIL MARIJUANA STORE LICENSES, MEDICAL MARIJUANA STORE9
348+LICENSES, RETAIL MARIJUANA CULTIVATION FACILITY LICENSES, OR10
349+MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES , UNLESS THE11
350+LISTED LICENSES FOR WHICH THE APPLICANT IS A CONTROLLING12
351+BENEFICIAL OWNER ARE EACH A SOCIAL EQUITY LICENSE .13
352+(b) FOR THE PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION,14
353+CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE15
354+LICENSES, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY16
355+AND MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, CONSTITUTE17
356+ONE LICENSE.18
357+(8) (a) SUBSECTION (6) OF THIS SECTION APPLIES TO A NATURAL19
358+PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN20
359+APPLICATION FOR A FINDING OF SUITABILITY ON OR AFTER FEBRUARY 1,21
360+2025.22
361+(b) SUBSECTION (6) OF THIS SECTION DOES NOT APPLY TO A23
362+NATURAL PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO24
363+SUBMITS AN APPLICATION FOR A FINDING OF SUITABILITY ON OR BEFORE25
364+FEBRUARY 1, 2025.26
365+(9) A NATURAL PERSON WHO MEETS THE CRITERIA IN THIS SECTION27
366+076
367+-11- FOR A SOCIAL EQUITY LICENSE IS ELIGIBLE FOR INCENTIVES AVAILABLE1
368+THROUGH THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC2
369+DEVELOPMENT AND INTERNATIONAL TRADE. AN INCENTIVE MAY INCLUDE3
370+A REDUCTION IN APPLICATION OR LICENSE FEES. THE STATE LICENSING4
371+AUTHORITY MAY PROMULGATE RULES TO CREATE INCENTIVES .5
372+SECTION 4. In Colorado Revised Statutes, 44-10-313, amend6
373+(6)(b) as follows:7
374+44-10-313. Licensing in general - rules - repeal. (6) (b) (I) All8
375+I
376+F ISSUED BY THE STATE LICENSING AUTHORITY ,
377+ regulated marijuana9
378+business licenses and licenses granted to a controlling beneficial owner10
379+pursuant to this article 10 are valid for a period of one year TWO YEARS11
380+after the date of issuance unless revoked or suspended pursuant to this12
381+article 10 or the rules promulgated pursuant to this article 10
382+OR UNLESS13
383+THE LICENSEE ELECTS FOR THE LICENSE TO EXPIRE SOONER THAN TWO14
384+YEARS UNDER SECTION 44-10-314 (3). A LOCAL LICENSING AUTHORITY
385+15
386+MAY DETERMINE WHETHER EACH TYPE OF LICENSE , INCLUDING AN16
387+ASSOCIATED MARIJUANA DELIVERY PERMIT , ISSUED BY THE LOCAL17
388+LICENSING AUTHORITY IS VALID FOR ONE OR TWO YEARS .18
389+(II) (A) T
390+HIS SUBSECTION (6)(b) APPLIES TO LICENSES ISSUED
391+19
392+AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED.20
169393 (B) T
170-HIS SUBSECTION (4) APPLIES TO A NATURAL PERSON QUALIFIED
171-AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN APPLICATION FOR A
172-FINDING OF SUITABILITY ON OR BEFORE
173-FEBRUARY 1, 2025.
174-(6) E
175-XCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,
176-EFFECTIVE FEBRUARY 1, 2025, A NATURAL PERSON THAT QUALIFIES AS A
177-SOCIAL EQUITY LICENSEE MAY APPLY FOR ANY REGULATED MARIJUANA
178-BUSINESS LICENSE OR PERMIT PURSUANT TO THIS ARTICLE
179-10. A NATURAL
180-PERSON QUALIFIES AS A SOCIAL EQUITY LICENSEE IF
181-, IN ADDITION TO ANY
182-CRITERIA ESTABLISHED BY RULE
183-, THE NATURAL PERSON:
184-(a) H
185-AS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT TO
186-DISCIPLINARY OR CIVIL ACTION FROM THE STATE LICENSING AUTHORITY
187-RESULTING IN THE REVOCATION OF A LICENSE ISSUED PURSUANT TO THIS
188-ARTICLE
189-10;
190-(b) H
191-AS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :
192-(I) T
193-HE APPLICANT HAS RESIDED:
194-PAGE 5-SENATE BILL 24-076 (A) FOR AT LEAST ANY FIVE YEARS OF THE THIRTY -YEAR PERIOD
195-PRIOR TO THE APPLICATION AND FOR WHICH DATA IS AVAILABLE
196-, IN A
197-CENSUS TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT
198-AND INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESIGNATED AS
199-A DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO
200-SECTION
201-44-10-203 (1)(j);
202-(B) F
203-OR AT LEAST ANY FIVE OF THE THIRTY YEARS PRIOR TO THE
204-APPLICATION
205-, IN HOUSING WITH FUNDING PROVIDED PURSUANT TO SECTION
206-8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF 1937", 42 U.S.C.
207-SECS. 1437f AND 1437g, AS AMENDED; OR
208-(C) FOR AT LEAST ANY FIVE YEARS BETWEEN 1980 AND 2021, IN
209-HOUSING WITH FUNDING FROM FEDERAL LOW
210--INCOME HOUSING TAX
211-CREDITS
212-, COLORADO AFFORDABLE HOUSING TAX CREDITS , OR FUNDING
213-PROVIDED PURSUANT TO ANY FEDERAL
214-, STATE, OR LOCAL PROGRAM THAT
215-RESTRICTS MAXIMUM RENTS FOR NATURAL PERSONS OF LOW OR MODERATE
216-INCOME THAT
217-, AT THE TIME OF RESIDENCE , WAS SUBJECT TO A USE
218-RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE
219-FEDERAL GOVERNMENT
220-, THE STATE GOVERNMENT, A COUNTY GOVERNMENT ,
221-OR A MUNICIPAL GOVERNMENT , OR BY A POLITICAL SUBDIVISION OR
222-DESIGNATED AGENCY OF THE FEDERAL GOVERNMENT
223-, THE STATE
224-GOVERNMENT
225-, A COUNTY GOVERNMENT , OR A MUNICIPAL GOVERNMENT ;
226-(II) T
227-HE APPLICANT OR THE APPLICANT'S SPOUSE, PARENT, OR LEGAL
228-GUARDIAN WAS ARRESTED FOR AND CONVICTED OF A MARIJUANA OFFENSE
229-;
230-(III) T
231-HE APPLICANT'S SIBLING OR CHILD OR A MINOR IN THE
232-APPLICANT
233-'S GUARDIANSHIP WAS ARRESTED FOR OR CONVICTED OF A
234-MARIJUANA OFFENSE
235-, AND:
236-(A) T
237-HE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR
238-CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR OR
239-CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT
240-'S
241-GUARDIANSHIP WHO WAS ARRESTED FOR OR C ONVICTED OF A MARIJUANA
242-OFFENSE RESIDED IN A DISPROPORTIONATE IMPACTED AREA
243-, AS DEFINED BY
244-RULE PURSUANT TO SECTION
245-44-10-203 (1)(j), FOR FIVE YEARS BETWEEN
246-1980 AND 2021; OR
247-(B) THE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR
248-PAGE 6-SENATE BILL 24-076 CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR OR
249-CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT
250-'S
251-GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF A MARIJUANA
252-OFFENSE AND HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF THE
253-PROGRAMS LISTED IN SUBSECTION
254- (6)(b)(IV) OF THIS SECTION FOR AT LEAST
255-FIVE YEARS BETWEEN
256-1980 AND 2021; OR
257-(IV) THE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST ONE
258-OF THE FOLLOWING PROGRAMS FOR AT LEAST FIVE OF THE TEN YEARS PRIOR
259-TO SUBMITTING AN APPLICATION
260-:
261-(A) T
262-HE LOW-INCOME ENERGY ASSISTANCE PROGRAM CREATED IN
263-ARTICLE
264-8.7 OF TITLE 40;
265-(B) T
266-HE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
267-DESCRIBED IN PART
268-3 OF ARTICLE 2 OF TITLE 26;
394+HIS SUBSECTION (6)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
395+21
396+2026.22
397+SECTION 5. In Colorado Revised Statutes, 44-10-314, add (4)23
398+as follows:24
399+44-10-314. License renewal - unified renewal applications -25
400+rules. (4) O
401+N OR AFTER JANUARY 1, 2026, THE STATE LICENSING
402+26
403+AUTHORITY SHALL PROMULGATE RULES AUTHORIZING MULTIPLE27
404+076
405+-12- REGULATED MARIJUANA BUSINESS LICENSEES WITH IDENTICAL1
406+CONTROLLING BENEFICIAL OWNERS TO SUBMIT A SINGLE INITIAL2
407+APPLICATION OR A SINGLE RENEWAL APPLICATION THROUGH A UNIFIED3
408+APPLICATION PROCESS. A UNIFIED APPLICATION IS SUBJECT TO A LOWER4
409+FEE FOR EACH APPLICATION THAN FOR APPLICATIONS FOR INDIVIDUAL5
410+LICENSES.6
411+SECTION 6. In Colorado Revised Statutes, 44-10-501, amend7
412+(3)(g) and (11)(a)(II) as follows:8
413+44-10-501. Medical marijuana store license. (3) (g) When9
414+completing a sale of medical marijuana concentrate, the medical10
415+marijuana store shall provide the patient with PHYSICALLY ATTACH TO11
416+THE PATIENT'S RECEIPT OF SALE, PRODUCT CONTAINER , OR EXIT12
417+PACKAGING the tangible educational resource created by the state13
418+licensing authority pursuant to section 44-10-202 (8) regarding the use of14
419+medical marijuana concentrate.15
420+(11) (a) (II) A medical marijuana delivery permit is valid for one16
421+year TWO YEARS and may be renewed annually upon renewal of the17
422+medical marijuana store license.18
423+SECTION 7. In Colorado Revised Statutes, 44-10-502, amend19
424+(7)(a) introductory portion, (7)(a)(II), (7)(a)(III), (7)(b)(I) introductory20
425+portion, (7)(b)(I)(B), (7)(b)(I)(C), and (7)(b)(I)(D); repeal (7)(b)(II); and21
426+add (7)(b)(III), (7)(b)(IV), (7)(b)(V), (7)(c), and (7)(d) as follows:22
427+44-10-502. Medical marijuana cultivation facility license -23
428+rules - definitions. (7) (a) In accordance with the rules promulgated by24
429+the state licensing authority, a medical marijuana cultivation facility may25
430+obtain immature plants, marijuana seeds, and marijuana genetic material26
431+as genetic material is defined in rule of the state licensing authority, from:27
432+076
433+-13- (II) A MEDICAL OR retail marijuana testing facility;1
434+(III) An entity licensed or otherwise approved to operate in2
435+another jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED3
436+BY ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE4
437+GENUS CANNABIS; or5
438+(b) (I) The state licensing authority shall promulgate rules6
439+allowing a regulated marijuana cultivation facility to transfer immature7
440+plants, marijuana seeds, and marijuana genetic material, as genetic8
441+material is defined in rule of the state licensing authority, from A9
442+MEDICAL MARIJUANA CULTIVATION FACILITY MAY SELL , TRANSFER, OR10
443+SHIP GENETIC MATERIAL TO:11
444+(B) A
445+MEDICAL OR retail marijuana testing facility;12
446+(C) An entity licensed or otherwise approved to operate in another
447+13
448+jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY14
449+ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS15
450+CANNABIS; or16
451+(D) Any other source PERSON permitted by rule of the state17
452+licensing authority.18
453+(II) The rules promulgated under this subsection (7)(b) must19
454+include inventory tracking, reporting, and record-keeping, requirements.20
455+(III) F
456+OR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
457+21
458+MEDICAL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES22
459+AND PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING23
460+INDIVIDUAL IS TWENTY-ONE YEARS OF AGE OR OLDER USING AN AGE24
461+VERIFICATION PROCESS, SUCH AS AUTHENTICATION VERIFICATION ,25
462+BIOMETRIC VERIFICATION, OR DOCUMENT VERIFICATION.26
463+(IV) A
464+ LICENSED MEDICAL MARIJUANA CULTIVATION FACILITY27
465+076
466+-14- MAY ACCEPT PAYMENT ONLINE FOR THE SALE , TRANSFER, OR SHIPMENT OF1
467+GENETIC MATERIAL.2
468+(V) A
469+ LICENSED MEDICAL MARIJUANA CULTIVATION FACILITY
470+3
471+SHALL NOT TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO4
472+ARE PRESENT ON THE LICENSED PREMISES .5
269473 (c) T
270-EMPORARY ASSISTANCE FOR NEEDY FAMILIES , AS DEFINED IN
271-SECTION
272-26-2-703 (19);
273-(D) T
274-HE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN ,
275-INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC. 1786; OR
276-(E) THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6
277-OF TITLE 25.5; AND
278-(c) HOLDS AT LEAST FIFTY -ONE PERCENT OF A BENEFICIAL
279-OWNERSHIP OF A REGULATED MARIJUANA BUSINESS LICENSE ALONE OR
280-COLLECTIVELY WITH AT LEAST ONE OTHER SOCIAL EQUITY LICENSEE
281-.
282-(7) (a) F
283-OR THE PURPOSES OF SUBSECTION (6) OF THIS SECTION, AN
284-APPLICANT IS NOT ELIGIBLE TO BE A SOCIAL EQUITY LICENSEE IF THE
285-APPLICANT IS A CONTROLLING BENEFICIAL OWNER OF MORE THAN THREE
286-RETAIL MARIJUANA STORE LICENSES
287-, MEDICAL MARIJUANA STORE LICENSES,
288-RETAIL MARIJUANA CULTIVATION FACILITY LICENSES , OR MEDICAL
289-MARIJUANA CULTIVATION FACILITY LICENSES
290-, UNLESS THE LISTED LICENSES
291-FOR WHICH THE APPLICANT IS A CONTROLLING BENEFICIAL OWNER ARE EACH
292-A SOCIAL EQUITY LICENSE
293-.
294-(b) F
295-OR THE PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION,
296-PAGE 7-SENATE BILL 24-076 CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE
297-LICENSES
298-, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY AND
299-MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES
300-, CONSTITUTE ONE
301-LICENSE
302-.
303-(8) (a) S
304-UBSECTION (6) OF THIS SECTION APPLIES TO A NATURAL
305-PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN
306-APPLICATION FOR A FINDING OF SUITABILITY ON OR AFTER
307-FEBRUARY 1,
308-2025.
309-(b) S
310-UBSECTION (6) OF THIS SECTION DOES NOT APPLY TO A NATURAL
311-PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN
312-APPLICATION FOR A FINDING OF SUITABILITY ON OR BEFORE
313-FEBRUARY 1,
314-2025.
315-(9) A
316- NATURAL PERSON WHO MEETS THE CRITERIA IN THIS SECTION
317-FOR A SOCIAL EQUITY LICENSE IS ELIGIBLE FOR INCENTIVES AVAILABLE
318-THROUGH THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC
319-DEVELOPMENT AND INTERNATIONAL TRADE
320-. AN INCENTIVE MAY INCLUDE A
321-REDUCTION IN APPLICATION OR LICENSE FEES
322-. THE STATE LICENSING
323-AUTHORITY MAY PROMULGATE RULES TO CREATE INCENTIVES
324-.
325-SECTION 4. In Colorado Revised Statutes, 44-10-313, amend
326-(6)(b) as follows:
327-44-10-313. Licensing in general - rules - repeal. (6) (b) (I) All
328- IF
329-ISSUED BY THE STATE LICENSING AUTHORITY
330-, regulated marijuana business
331-licenses and licenses granted to a controlling beneficial owner pursuant to
332-this article 10 are valid for a period of one year
333- TWO YEARS after the date of
334-issuance unless revoked or suspended pursuant to this article 10 or the rules
335-promulgated pursuant to this article 10
336-OR UNLESS THE LICENSEE ELECTS FOR
337-THE LICENSE TO EXPIRE SOONER THAN TWO YEARS UNDER SECTION
338-44-10-314 (3). A LOCAL LICENSING AUTHORITY MAY DETERMINE WHETHER
339-EACH TYPE OF LICENSE
340-, INCLUDING AN ASSOCIATED MARIJUANA DELIVERY
341-PERMIT
342-, ISSUED BY THE LOCAL LICENSING AUTHORITY IS VALID FOR ONE OR
343-TWO YEARS
344-.
345-(II) (A) T
346-HIS SUBSECTION (6)(b) APPLIES TO LICENSES ISSUED AFTER
347-THE EFFECTIVE DATE OF THIS SECTION
348-, AS AMENDED.
349-PAGE 8-SENATE BILL 24-076 (B) THIS SUBSECTION (6)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
350-2026.
351-SECTION 5. In Colorado Revised Statutes, 44-10-314, add (3) as
352-follows:
353-44-10-314. License renewal - unified renewal applications -
354-rules. (3) O
355-N OR AFTER JANUARY 1, 2026, THE STATE LICENSING
356-AUTHORITY SHALL PROMULGATE RULES AUTHORIZING MULTIPLE REGULATED
357-MARIJUANA BUSINESS LICENSEES WITH IDENTICAL CONTROLLING BENEFICIAL
358-OWNERS TO SUBMIT A SINGLE INITIAL APPLICATION OR A SINGLE RENEWAL
359-APPLICATION THROUGH A UNIFIED APPLICATION PROCESS
360-. A UNIFIED
361-APPLICATION IS SUBJECT TO A LOWER FEE FOR EACH APPLICATION THAN FOR
362-APPLICATIONS FOR INDIVIDUAL LICENSES
363-.
364-SECTION 6. In Colorado Revised Statutes, 44-10-501, amend
365-(3)(g) and (11)(a)(II) as follows:
366-44-10-501. Medical marijuana store license. (3) (g) When
367-completing a sale of medical marijuana concentrate, the medical marijuana
368-store shall provide the patient with
369- PHYSICALLY ATTACH TO THE PATIENT 'S
370-RECEIPT OF SALE
371-, PRODUCT CONTAINER, OR EXIT PACKAGING the tangible
372-educational resource created by the state licensing authority pursuant tosection 44-10-202 (8) regarding the use of medical marijuana concentrate.
373-(11) (a) (II) A medical marijuana delivery permit is valid for one
374-year TWO YEARS and may be renewed annually upon renewal of the medical
375-marijuana store license.
376-SECTION 7. In Colorado Revised Statutes, 44-10-502, amend
377-(7)(a) introductory portion, (7)(a)(II), (7)(a)(III), (7)(b)(I) introductory
378-portion, (7)(b)(I)(B), (7)(b)(I)(C), and (7)(b)(I)(D); repeal (7)(b)(II); and
379-add (7)(b)(III), (7)(b)(IV), (7)(b)(V), (7)(c), and (7)(d) as follows:
380-44-10-502. Medical marijuana cultivation facility license - rules
381-- definitions. (7) (a) In accordance with the rules promulgated by the state
382-licensing authority, a medical marijuana cultivation facility may obtain
383-immature plants, marijuana seeds, and marijuana
384- genetic material as genetic
385-material is defined in rule of the state licensing authority, from:
386-PAGE 9-SENATE BILL 24-076 (II) A MEDICAL OR retail marijuana testing facility;
387-(III) An entity licensed or otherwise approved to operate in another
388-jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY
389-ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS
390-CANNABIS
391-; or
392-(b) (I) The state licensing authority shall promulgate rules allowing
393-a regulated marijuana cultivation facility to transfer immature plants,
394-marijuana seeds, and marijuana genetic material, as genetic material is
395-defined in rule of the state licensing authority, from A MEDICAL MARIJUANA
396-CULTIVATION FACILITY MAY SELL
397-, TRANSFER, OR SHIP GENETIC MATERIAL
398-TO
399-:
400-(B) A
401-MEDICAL OR retail marijuana testing facility;
402-(C) An entity licensed or otherwise approved to operate in another
403-jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY
404-ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS
405-CANNABIS
406-; or
407-(D) Any other source PERSON permitted by rule of the state licensing
408-authority.
409-(II) The rules promulgated under this subsection (7)(b) must include
410-inventory tracking, reporting, and record-keeping, requirements.
411-(III) FOR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
412-MEDICAL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES
413-AND PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING
414-INDIVIDUAL IS TWENTY
415--ONE YEARS OF AGE OR OLDER USING AN AGE
416-VERIFICATION PROCESS
417-, SUCH AS AUTHENTICATION VERIFICATION ,
418-BIOMETRIC VERIFICATION, OR DOCUMENT VERIFICATION.
419-(IV) A
420- LICENSED MEDICAL MARIJUANA CULTIVATION FACILITY MAY
421-ACCEPT PAYMENT ONLINE FOR THE SALE
422-, TRANSFER, OR SHIPMENT OF
423-GENETIC MATERIAL
424-.
425-(V) A
426- LICENSED MEDICAL MARIJUANA CULTIVATION FACILITY SHALL
427-NOT TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO ARE
428-PAGE 10-SENATE BILL 24-076 PRESENT ON THE LICENSED PREMISES.
429-(c) T
430-HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO
431-IMPLEMENT THIS SUBSECTION
432-(7) TO SET REQUIREMENTS FOR INVENTORY
433-TRACKING
434-, REPORTING, AND RECORD KEEPING . IN PROMULGATING THE
435-RULES AND CONDUCTING ENFORCEMENT ACTIONS UNDER THIS SUBSECTION
436-(7), THE STATE LICENSING AUTHORITY MAY :
474+HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO6
475+IMPLEMENT THIS SUBSECTION (7) TO SET REQUIREMENTS FOR INVENTORY7
476+TRACKING, REPORTING, AND RECORD KEEPING.
477+ IN PROMULGATING THE8
478+RULES AND CONDUCTING ENFORCEMENT ACTIONS UNDER THIS SUBSECTION9
479+(7),
480+ THE STATE LICENSING AUTHORITY MAY :
481+10
437482 (I) R
438483 EQUIRE INVENTORY TRACKING OF GENETIC MATERIAL ONLY
439-WHEN THE GENETIC MATERIAL IS
440-:
484+11
485+WHEN THE GENETIC MATERIAL IS:12
441486 (A) O
442-N THE LICENSED PREMISES OF A MEDICAL MARIJUANA OR
443-RETAIL MARIJUANA BUSINESS
444-; OR
445-(B) BEING TRANSFERRED BETWEEN REGULATED MARIJUANA
446-BUSINESSES LICENSED PURSUANT TO THIS ARTICLE
447-10;
487+N THE LICENSED PREMISES OF
488+ A MEDICAL MARIJUANA OR13
489+RETAIL MARIJUANA BUSINESS; OR14
490+(B) B
491+EING TRANSFERRED BETWEEN REGULATED MARIJUANA
492+15
493+BUSINESSES LICENSED PURSUANT TO THIS ARTICLE 10;16
448494 (II) O
449-NLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES AND
450-PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION
451- (7)(b)(III) OF THIS
452-SECTION
453-; OR
454-(III) MONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH A
455-LICENSEE
456-'S GENETIC MATERIAL ACTIVITIES THAT OCCUR ONLY ON THE
457-LICENSED PREMISES
458-.
495+NLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES
496+17
497+AND PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION (7)(b)(III)18
498+OF THIS SECTION; OR19
499+(III) M
500+ONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH
501+20
502+A LICENSEE'S GENETIC MATERIAL ACTIVITIES THAT OCCUR ONLY ON THE21
503+LICENSED PREMISES.22
459504 (d) T
460505 HIS SUBSECTION (7) DOES NOT LIMIT THE APPLICABILITY OF
461-ANOTHER STATE
462-'S LAW, THE APPLICABILITY OF FEDERAL LAW , OR
463-ENFORCEMENT BY FEDERAL AGENCIES
464-.
465-SECTION 8. In Colorado Revised Statutes, 44-10-505, amend
466-(5)(a)(II) as follows:
467-44-10-505. Medical marijuana transporter license - definition.
468-(5) (a) (II) A medical marijuana delivery permit is valid for one year
469- TWO
470-YEARS
471- and may be renewed annually
472- upon renewal of the medical
473-marijuana transporter license.
474-SECTION 9. In Colorado Revised Statutes, 44-10-601, amend
475-(3)(d), (7)(a), and (13)(a)(II) as follows:
476-PAGE 11-SENATE BILL 24-076 44-10-601. Retail marijuana store license - rules - definitions.
477-(3) (d) When completing a sale of retail marijuana concentrate, the retail
478-marijuana store shall provide the customer with PHYSICALLY ATTACH TO
479-THE CUSTOMER
480-'S RECEIPT OF SALE, PRODUCT CONTAINER , OR EXIT
481-PACKAGING
482- the tangible educational resource created by the state licensing
483-authority through rule-making pursuant to section 44-10-202 (8)
484- regarding
485-the use of medical marijuana concentrate.
486-(7) (a) A licensed retail marijuana store may only sell retail
487-marijuana, retail marijuana products, marijuana accessories, nonconsumable
488-products such as apparel, and marijuana-related products such as childproof
489-packaging containers,
490-HEMP PRODUCTS, AND FOOD, INCLUDING FOOD THAT
491-IS NOT INFUSED WITH MARIJUANA OR HEMP PRODUCTS OR EXTRACTS
492-, but is
493-prohibited from selling or giving away any consumable product, including
494-but not limited to A LICENSED RETAIL MARIJUANA STORE SHALL NOT GIVE OR
495-SELL AWAY
496- cigarettes or alcohol. or edible product that does not containmarijuana, including but not limited to sodas, candies, or baked goods;
497-except that a retail marijuana store may sell industrial hemp products. THE
498-LICENSED RETAIL MARIJUANA STORE SHALL NOT SELL FOOD IN EXCESS OF
499-TWENTY PERCENT OF THE STORE
500-'S ANNUAL GROSS REVENUES.
501-(13) (a) (II) A retail marijuana delivery permit is valid for one year
502-TWO YEARS and may be renewed annually upon renewal of the retail
503-marijuana store license or retail marijuana transporter license.
504-SECTION 10. In Colorado Revised Statutes, 44-10-602, amend
505-(12)(a) introductory portion, (12)(a)(II), (12)(a)(III), (12)(b)(I) introductory
506-portion, (12)(b)(I)(B), (12)(b)(I)(C), and (12)(b)(I)(D); repeal (12)(b)(II);
507-and add (12)(b)(III), (12)(b)(IV), (12)(b)(V), (12)(c), and (12)(d) as
508-follows:
509-44-10-602. Retail marijuana cultivation facility license - rules -
510-definitions. (12) (a) In accordance with the rules promulgated by the state
511-licensing authority, a retail marijuana cultivation facility may obtain
512-immature plants, marijuana seeds, and marijuana
513- genetic material as genetic
514-material is defined in rule of the state licensing authority, from:
506+23
507+ANOTHER STATE'S LAW, THE APPLICABILITY OF FEDERAL LAW , OR24
508+ENFORCEMENT BY FEDERAL AGENCIES .25
509+SECTION 8. In Colorado Revised Statutes, 44-10-505, amend26
510+(5)(a)(II) as follows:27
511+076
512+-15- 44-10-505. Medical marijuana transporter license - definition.1
513+(5) (a) (II) A medical marijuana delivery permit is valid for one year TWO2
514+YEARS and may be renewed annually upon renewal of the medical3
515+marijuana transporter license.4
516+SECTION 9. In Colorado Revised Statutes, 44-10-601, amend5
517+(3)(d), (7)(a), and (13)(a)(II) as follows:6
518+44-10-601. Retail marijuana store license - rules - definitions.7
519+(3) (d) When completing a sale of retail marijuana concentrate, the retail8
520+marijuana store shall provide the customer with PHYSICALLY ATTACH TO9
521+THE CUSTOMER'S RECEIPT OF SALE, PRODUCT CONTAINER , OR EXIT10
522+PACKAGING the tangible educational resource created by the state11
523+licensing authority through rule-making pursuant to section 44-10-202 (8)12
524+regarding the use of medical marijuana concentrate.13
525+(7) (a) A licensed retail marijuana store may only sell retail14
526+marijuana, retail marijuana products, marijuana accessories,15
527+nonconsumable products such as apparel, and marijuana-related products16
528+such as childproof packaging containers, HEMP PRODUCTS, AND FOOD,17
529+INCLUDING FOOD THAT IS NOT INFUSED WITH MARIJUANA OR HEMP18
530+PRODUCTS OR EXTRACTS, but is prohibited from selling or giving away19
531+any consumable product, including but not limited to A LICENSED RETAIL20
532+MARIJUANA STORE SHALL NOT GIVE OR SELL AWAY cigarettes or alcohol.21
533+or edible product that does not contain marijuana, including but not22
534+limited to sodas, candies, or baked goods; except that a retail marijuana23
535+store may sell industrial hemp products. THE LICENSED RETAIL24
536+MARIJUANA STORE SHALL NOT SELL FOOD IN EXCESS OF TWENTY PERCENT25
537+OF THE STORE'S ANNUAL GROSS REVENUES.26
538+(13) (a) (II) A retail marijuana delivery permit is valid for one27
539+076
540+-16- year TWO YEARS and may be renewed annually upon renewal of the retail1
541+marijuana store license or retail marijuana transporter license.2
542+SECTION 10. In Colorado Revised Statutes, 44-10-602, amend3
543+(12)(a) introductory portion, (12)(a)(II), (12)(a)(III), (12)(b)(I)4
544+introductory portion, (12)(b)(I)(B), (12)(b)(I)(C), and (12)(b)(I)(D);5
545+repeal (12)(b)(II); and add (12)(b)(III), (12)(b)(IV), (12)(b)(V), (12)(c),6
546+and (12)(d) as follows:7
547+44-10-602. Retail marijuana cultivation facility license - rules8
548+- definitions. (12) (a) In accordance with the rules promulgated by the9
549+state licensing authority, a retail marijuana cultivation facility may obtain10
550+immature plants, marijuana seeds, and marijuana genetic material as11
551+genetic material is defined in rule of the state licensing authority, from:12
515552 (II) A
516-MEDICAL OR retail marijuana testing facility;
517-(III) An entity licensed or otherwise approved to operate in anotherPAGE 12-SENATE BILL 24-076 jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY
518-ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS
519-CANNABIS
520-; or
521-(b) (I) The state licensing authority shall promulgate rules allowing
522-a regulated marijuana cultivation facility to transfer immature plants,
523-marijuana seeds, and marijuana genetic material, as genetic material is
524-defined in rule of the state licensing authority, from A RETAIL MARIJUANA
525-CULTIVATION FACILITY MAY SELL
526-, TRANSFER, OR SHIP GENETIC MATERIAL
527-TO
528-:
553+MEDICAL OR retail marijuana testing facility;13
554+(III) An entity licensed or otherwise approved to operate in
555+14
556+another jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED15
557+BY ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE16
558+GENUS CANNABIS; or17
559+(b) (I) The state licensing authority shall promulgate rules18
560+allowing a regulated marijuana cultivation facility to transfer immature19
561+plants, marijuana seeds, and marijuana genetic material, as genetic20
562+material is defined in rule of the state licensing authority, from A RETAIL21
563+MARIJUANA CULTIVATION FACILITY MAY SELL , TRANSFER, OR SHIP22
564+GENETIC MATERIAL TO:23
529565 (B) A
530-MEDICAL OR retail marijuana testing facility;
566+MEDICAL OR retail marijuana testing facility;24
531567 (C) An entity licensed or otherwise approved to operate in another
532-jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY
533-ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS
534-CANNABIS
535-; or
536-(D) Any other source PERSON permitted by rule of the state licensing
537-authority.
538-(II) The rules promulgated under this subsection (12)(b) must
539-include inventory tracking, reporting, and record-keeping requirements.
540-(III) FOR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
541-RETAIL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES
542-AND PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING
543-INDIVIDUAL IS TWENTY
544--ONE YEARS OF AGE OR OLDER USING AN AGE
545-VERIFICATION PROCESS
546-, SUCH AS AUTHENTICATION VERIFICATION ,
547-BIOMETRIC VERIFICATION, OR DOCUMENT VERIFICATION.
568+25
569+jurisdiction A PERSON LICENSED BY, APPROVED BY, OR PERMITTED BY26
570+ANOTHER JURISDICTION TO POSSESS OR CULTIVATE PLANTS OF THE GENUS27
571+076
572+-17- CANNABIS; or1
573+(D) Any other source PERSON permitted by rule of the state2
574+licensing authority.3
575+(II) The rules promulgated under this subsection (12)(b) must4
576+include inventory tracking, reporting, and record-keeping requirements.5
577+(III) F
578+OR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
579+6
580+RETAIL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES7
581+AND PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING8
582+INDIVIDUAL IS TWENTY-ONE YEARS OF AGE OR OLDER USING AN AGE9
583+VERIFICATION PROCESS, SUCH AS AUTHENTICATION VERIFICATION ,10
584+BIOMETRIC VERIFICATION, OR DOCUMENT VERIFICATION.11
548585 (IV) A
549- LICENSED RETAIL MARIJUANA CULTIVATION FACILITY MAY
550-ACCEPT PAYMENT ONLINE FOR THE SALE
551-, TRANSFER, OR SHIPMENT OF
552-GENETIC MATERIAL
553-.
586+ LICENSED RETAIL MARIJUANA CULTIVATION FACILITY MAY12
587+ACCEPT PAYMENT ONLINE FOR THE SALE , TRANSFER, OR SHIPMENT
588+ OF13
589+GENETIC MATERIAL.14
554590 (V) A
555591 LICENSED RETAIL MARIJUANA CULTIVATION FACILITY SHALL
556-NOT TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO ARE
557-PRESENT ON THE LICENSED PREMISES
558-.
592+15
593+NOT TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO ARE16
594+PRESENT ON THE LICENSED PREMISES.17
559595 (c) T
560-HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO
561-PAGE 13-SENATE BILL 24-076 IMPLEMENT THIS SUBSECTION (12) TO SET REQUIREMENTS FOR INVENTORY
562-TRACKING
563-, REPORTING, AND RECORD KEEPING . IN PROMULGATING THE
564-RULES AND CONDUCTING ENFORCEMENT ACTIONS UNDER THIS SUBSECTION
565-(12), THE STATE LICENSING AUTHORITY MAY :
596+HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES TO18
597+IMPLEMENT THIS SUBSECTION (12) TO SET REQUIREMENTS FOR INVENTORY19
598+TRACKING, REPORTING, AND RECORD KEEPING.
599+ IN PROMULGATING THE20
600+RULES AND CONDUCTING ENFORCEMENT ACTIONS UNDER THIS SUBSECTION21
601+(12),
602+ THE STATE LICENSING AUTHORITY MAY :
603+22
566604 (I) R
567605 EQUIRE INVENTORY TRACKING OF GENETIC MATERIAL ONLY
568-WHEN THE GENETIC MATERIAL IS
569-:
606+23
607+WHEN THE GENETIC MATERIAL IS:24
570608 (A) O
571-N THE LICENSED PREMISES OF A MEDICAL MARIJUANA OR
572-RETAIL MARIJUANA BUSINESS
573-; OR
574-(B) BEING TRANSFERRED BETWEEN REGULATED MARIJUANA
575-BUSINESSES LICENSED PURSUANT TO THIS ARTICLE
576-10;
609+N THE LICENSED PREMISES OF
610+ A MEDICAL MARIJUANA OR25
611+RETAIL MARIJUANA BUSINESS; OR26
612+(B) B
613+EING TRANSFERRED BETWEEN REGULATED MARIJUANA
614+27
615+076
616+-18- BUSINESSES LICENSED PURSUANT TO THIS ARTICLE 10;1
577617 (II) O
578-NLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES AND
579-PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION
580- (12)(b)(III) OF THIS
581-SECTION
582-; OR
583-(III) MONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH A
584-LICENSEE
585-'S GENETIC MATERIAL ACTIVITIES THAT OCCUR ONLY ON THE
586-LICENSED PREMISES
587-.
618+NLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES
619+2
620+AND PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION (12)(b)(III)3
621+OF THIS SECTION; OR 4
622+(III) M
623+ONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH
624+5
625+A LICENSEE'S GENETIC MATERIAL ACTIVITIES THAT OCCUR ONLY ON THE6
626+LICENSED PREMISES.7
588627 (d) T
589628 HIS SUBSECTION (12) DOES NOT LIMIT THE APPLICABILITY OF
590-ANOTHER STATE
591-'S LAW, THE APPLICABILITY OF FEDERAL LAW , OR
592-ENFORCEMENT BY FEDERAL AGENCIES
593-.
594-SECTION 11. In Colorado Revised Statutes, 44-10-605, amend
595-(5)(a)(II) as follows:
596-44-10-605. Retail marijuana transporter license - definition.
597-(5) (a) (II) A retail marijuana delivery permit is valid for one year
598- TWO
599-YEARS
600- and may be renewed annually
601- upon renewal of the retail marijuana
602-transporter license.
603-SECTION 12. In Colorado Revised Statutes, 44-10-803, amend (2)
604-as follows:
605-44-10-803. Fees. (2) (a) Except as provided in subsection (1) of this
606-section,
607-THE STATE LICENSING AUTHORITY SHALL NOT SET the INITIAL
608-application fee for a retail marijuana business is
609- TO EXCEED five thousand
610-PAGE 14-SENATE BILL 24-076 dollars. THE STATE LICENSING AUTHORITY SHALL SET THE APPLICATION FEE
611-FOR A RETAIL MARIJUANA BUSINESS TO OFFSET THE DIRECT AND INDIRECT
612-COSTS OF REGULATING RETAIL MARIJUANA BUSINESSES
613-. The state licensing
614-authority shall transfer two thousand five hundred dollars HALF of the fee
615-to the marijuana cash fund and remit two thousand five hundred dollars
616-HALF OF THE FEE to the local jurisdiction in which WHERE the license is
617-proposed to be issued. If the state licensing authority is considering raising
618-the five-thousand-dollar application fee, it shall confer with each local
619-jurisdiction in which a license pursuant to this article 10 is issued prior to
620-raising the application fee. If the STATE LICENSING AUTHORITY CHANGES
621-THE
622- application fee amount, is changed, it
623- THE STATE LICENSING AUTHORITY
624-SHALL CONFER WITH THE LOCAL JURISDICTIONS AND THE FEE
625- must be split
626-evenly between the marijuana cash fund and the local jurisdiction in whichthe WHERE A license is proposed to be issued.
627-(b) T
628-HE STATE LICENSING AUTHORITY MAY ANNUALLY ADJUST FOR
629-INFLATION OR DEFLATION THE LIMIT
630-, ESTABLISHED IN SUBSECTION (2)(a) OF
631-THIS SECTION
632-, ON THE APPLICATION FEE FOR A RETAIL MARIJUANA BUSINESS.
633-T
634-HE STATE LICENSING AUTHORITY MAY ROUND THE ADJUSTED AMOUNT
635-UPWARD OR DOWNWARD TO THE NEAREST DOLLAR
636-. INFLATION OR
637-DEFLATION IS MEASURED BY THE ANNUAL PERCENTAGE CHANGE IN THE
638-UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS
639-CONSUMER PRICE INDEX
640-, OR A SUCCESSOR INDEX , FOR
641-DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN CONSUMERS .
642-SECTION 13. In Colorado Revised Statutes, 39-28.8-302, amend
643-(1)(a)(I); and add (1)(c) as follows:
644-39-28.8-302. Retail marijuana - excise tax levied at first transfer
645-from retail marijuana cultivation facility - tax rate. (1) (a) (I) Except as
646-otherwise provided in subsection (1)(b)
647- SUBSECTION (1)(b) OR (1)(c) of this
648-section, there is levied and shall be collected, in addition to the sales tax
649-imposed pursuant to part 1 of article 26 of this title 39 and part 2 of this
650-article 28.8, a tax on the first sale or transfer of unprocessed retail marijuana
651-by a retail marijuana cultivation facility, at a rate of fifteen percent of the
652-average market rate of the unprocessed retail marijuana if the transaction is
653-between affiliated retail marijuana business licensees. Except as otherwise
654-provided in subsection (1)(b)
655- SUBSECTION (1)(b) OR (1)(c) of this section,
656-there is levied and shall be collected, in addition to the sales tax imposed
657-pursuant to part 1 of article 26 of this title 39 and part 2 of this article 28.8,
658-PAGE 15-SENATE BILL 24-076 a tax on the first sale or transfer of unprocessed retail marijuana by a retail
659-marijuana cultivation facility, at a rate of fifteen percent of the contract
660-price for unprocessed retail marijuana if the transaction is between
661-unaffiliated retail marijuana business licensees. Retail marijuana excise tax
662-shall also be calculated as fifteen percent of the contract price when the first
663-transfer of retail marijuana that has been harvested for sale at a retail
664-marijuana store or extraction by a retail marijuana product manufacturing
665-facility is between unaffiliated retail marijuana cultivation facilities. The tax
666-shall be imposed at the time when the retail marijuana cultivation facility
667-first sells or transfers unprocessed retail marijuana from the retail marijuana
668-cultivation facility to a retail marijuana product manufacturing facility or a
669-retail marijuana store.
629+8
630+ANOTHER STATE'S LAW, THE APPLICABILITY OF FEDERAL LAW , OR9
631+ENFORCEMENT BY FEDERAL AGENCIES .10
632+SECTION 11. In Colorado Revised Statutes, 44-10-605, amend11
633+(5)(a)(II) as follows:12
634+44-10-605. Retail marijuana transporter license - definition.13
635+(5) (a) (II) A retail marijuana delivery permit is valid for one year TWO14
636+YEARS and may be renewed annually upon renewal of the retail marijuana15
637+transporter license.16
638+SECTION 12. In Colorado Revised Statutes, 44-10-803, amend17
639+(2) as follows:18
640+44-10-803. Fees. (2) (a) Except as provided in subsection (1) of19
641+this section, THE STATE LICENSING AUTHORITY SHALL NOT SET the INITIAL20
642+application fee for a retail marijuana business is TO EXCEED five thousand21
643+dollars. THE STATE LICENSING AUTHORITY SHALL SET THE APPLICATION22
644+FEE FOR A RETAIL MARIJUANA BUSINESS TO OFFSET THE DIRECT AND23
645+INDIRECT COSTS OF REGULATING RETAIL MARIJUANA BUSINESSES. The24
646+state licensing authority shall transfer two thousand five hundred dollars25
647+HALF of the fee to the marijuana cash fund and remit two thousand five26
648+hundred dollars HALF OF THE FEE to the local jurisdiction in which WHERE27
649+076
650+-19- the license is proposed to be issued. If the state licensing authority is1
651+considering raising the five-thousand-dollar application fee, it shall confer2
652+with each local jurisdiction in which a license pursuant to this article 103
653+is issued prior to raising the application fee. If the STATE LICENSING4
654+AUTHORITY CHANGES THE application fee amount, is changed, it THE5
655+STATE LICENSING AUTHORITY SHALL CONFER WITH THE LOCAL6
656+JURISDICTIONS AND THE FEE must be split evenly between the marijuana7
657+cash fund and the local jurisdiction in which the WHERE A license is8
658+proposed to be issued.9
659+(b) THE STATE LICENSING AUTHORITY MAY ANNUALLY ADJUST FOR10
660+INFLATION OR DEFLATION THE LIMIT, ESTABLISHED IN SUBSECTION (2)(a)11
661+OF THIS SECTION, ON THE APPLICATION FEE FOR A RETAIL MARIJUANA12
662+BUSINESS. THE STATE LICENSING AUTHORITY MAY ROUND THE ADJUSTED13
663+AMOUNT UPWARD OR DOWNWARD TO THE NEAREST DOLLAR. INFLATION14
664+OR DEFLATION IS MEASURED BY THE ANNUAL PERCENTAGE CH ANGE IN THE15
665+UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS16
666+CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX , FOR17
667+DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN18
668+CONSUMERS.19
669+ 20
670+SECTION 13. In Colorado Revised Statutes, 39-28.8-302,21
671+amend (1)(a)(I); and add (1)(c) as follows:22
672+39-28.8-302. Retail marijuana - excise tax levied at first23
673+transfer from retail marijuana cultivation facility - tax rate.24
674+(1) (a) (I) Except as otherwise provided in subsection (1)(b) SUBSECTION25
675+(1)(b)
676+OR (1)(c) of this section, there is levied and shall be collected, in26
677+addition to the sales tax imposed pursuant to part 1 of article 26 of this27
678+076
679+-20- title 39 and part 2 of this article 28.8, a tax on the first sale or transfer of1
680+unprocessed retail marijuana by a retail marijuana cultivation facility, at2
681+a rate of fifteen percent of the average market rate of the unprocessed3
682+retail marijuana if the transaction is between affiliated retail marijuana4
683+business licensees. Except as otherwise provided in subsection (1)(b)5
684+SUBSECTION (1)(b) OR (1)(c) of this section, there is levied and shall be6
685+collected, in addition to the sales tax imposed pursuant to part 1 of article7
686+26 of this title 39 and part 2 of this article 28.8, a tax on the first sale or8
687+transfer of unprocessed retail marijuana by a retail marijuana cultivation9
688+facility, at a rate of fifteen percent of the contract price for unprocessed10
689+retail marijuana if the transaction is between unaffiliated retail marijuana11
690+business licensees. Retail marijuana excise tax shall also be calculated as12
691+fifteen percent of the contract price when the first transfer of retail13
692+marijuana that has been harvested for sale at a retail marijuana store or14
693+extraction by a retail marijuana product manufacturing facility is between15
694+unaffiliated retail marijuana cultivation facilities. The tax shall be16
695+imposed at the time when the retail marijuana cultivation facility first17
696+sells or transfers unprocessed retail marijuana from the retail marijuana18
697+cultivation facility to a retail marijuana product manufacturing facility or19
698+a retail marijuana store.20
670699 (c) T
671-HE TRANSFER OF UNPROCESSED RETAIL MARIJUANA
672-EXCLUSIVELY FOR MICROBIAL CONTROL IS DEEMED TO NOT BE THE FIRST
673-TRANSFER OF UNPROCESSED RETAIL MARIJUANA FOR THE PURPOSES OF THIS
674-SECTION
675-.
676-SECTION 14. In Colorado Revised Statutes, 39-30-103, amend (8)
677-as follows:
678-39-30-103. Zones established - review - termination.
679-(8) (a) Notwithstanding any other provision to the contrary, for tax years
680-commencing on or after January 1, 2014, only a taxpayer that is engaged in
681-a business that is legal under both state and federal law is eligible to claim
682-a credit pursuant to the provisions of
683- this article ARTICLE 30, EXCEPT AS
684-PROVIDED IN SUBSECTION
685- (8)(b) OF THIS SECTION.
686-(b) F
687-OR TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025,
688-A BUSINESS THAT HOLDS A VALID LICENSE PURSUANT TO ARTICLE 10 OF
689-TITLE
690-44 IS ELIGIBLE TO CLAIM A CREDIT PURSUANT TO THIS ARTICLE 30.
691-SECTION 15. Act subject to petition - effective date -
692-applicability. (1) This act takes effect at 12:01 a.m. on the day following
693-the expiration of the ninety-day period after final adjournment of the
694-general assembly; except that, if a referendum petition is filed pursuant to
695-section 1 (3) of article V of the state constitution against this act or an item,
696-section, or part of this act within such period, then the act, item, section, or
697-part will not take effect unless approved by the people at the general
698-election to be held in November 2024 and, in such case, will take effect on
699-PAGE 16-SENATE BILL 24-076 the date of the official declaration of the vote thereon by the governor.
700-(2) This act applies to acts committed on or after the applicable
701-effective date of this act.
702-____________________________ ____________________________
703-Steve Fenberg Julie McCluskie
704-PRESIDENT OF SPEAKER OF THE HOUSE
705-THE SENATE OF REPRESENTATIVES
706-____________________________ ____________________________
707-Cindi L. Markwell Robin Jones
708-SECRETARY OF CHIEF CLERK OF THE HOUSE
709-THE SENATE OF REPRESENTATIVES
710- APPROVED________________________________________
711- (Date and Time)
712- _________________________________________
713- Jared S. Polis
714- GOVERNOR OF THE STATE OF COLORADO
715-PAGE 17-SENATE BILL 24-076
700+HE TRANSFER OF UNPROCESSED RETAIL MARIJUANA21
701+EXCLUSIVELY FOR MICROBIAL CONTROL IS DEEMED TO NOT BE THE FIRST22
702+TRANSFER OF UNPROCESSED RETAIL MARIJUANA FOR THE PURPOSES OF23
703+THIS SECTION.24
704+SECTION 14. In Colorado Revised Statutes, 39-30-103, amend25
705+(8) as follows:26
706+39-30-103. Zones established - review - termination.27
707+076
708+-21- (8) (a) Notwithstanding any other provision to the contrary, for tax years1
709+commencing on or after January 1, 2014, only a taxpayer that is engaged2
710+in a business that is legal under both state and federal law is eligible to3
711+claim a credit pursuant to the provisions of this article ARTICLE 30,4
712+EXCEPT AS PROVIDED IN SUBSECTION (8)(b) OF THIS SECTION.5
713+(b) FOR TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025,6
714+A BUSINESS THAT HOLDS A VALID LICENSE PURSUANT TO ARTICLE 10 OF7
715+TITLE 44 IS ELIGIBLE TO CLAIM A CREDIT PURSUANT TO THIS ARTICLE 30.8
716+SECTION 15. Act subject to petition - effective date -9
717+applicability. (1) This act takes effect at 12:01 a.m. on the day following10
718+the expiration of the ninety-day period after final adjournment of the11
719+general assembly; except that, if a referendum petition is filed pursuant12
720+to section 1 (3) of article V of the state constitution against this act or an13
721+item, section, or part of this act within such period, then the act, item,14
722+section, or part will not take effect unless approved by the people at the15
723+general election to be held in November 2024 and, in such case, will take16
724+effect on the date of the official declaration of the vote thereon by the17
725+governor.18
726+(2) This act applies to acts committed on or after the applicable19
727+effective date of this act.20
728+076
729+-22-