First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0332.02 Jery Payne x2157
HOUSE BILL 25-1209
House Committees Senate Committees
Finance
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ADDRESS EFFICIE NCY IN THE REGULATION101
OF MARIJUANA LICENSEES .102
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
.)
Current law authorizes the marijuana enforcement division
(division) to adopt rules governing records required to be kept by license
holders. The bill replaces this with a requirement that the division adopt
rules requiring records concerning:
! Child resistance certificates;
! Testing records;
HOUSE SPONSORSHIP
Lindstedt and Willford,
SENATE SPONSORSHIP
Gonzales J.,
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. ! Records demonstrating the composition of raw ingredients
used in vaporizers or pressured metered dose inhalers;
! Recall records;
! Adverse health events;
! Corrective action and preventive action records;
! Documentation required to demonstrate valid responsible
vendor designation;
! Standard operating procedures;
! Transfer records of regulated marijuana transactions;
! Expiration date testing and use-by-date testing;
! Patient records; and
! Advertising records.
If a license holder is required to maintain books and records in the
seed-to-sale inventory tracking system, the license holder need not
maintain duplicate copies of the books and records. If a license holder is
substantially noncompliant with regulatory requirements, the division may
require the license holder to maintain additional records. The division
must bring an administrative action to require a license holder to maintain
additional records.
Current law requires occupational license holders to be issued an
identification card. The bill authorizes digital identification cards and
replaces this requirement with authorization for the division to adopt rules
governing identification card requirements, including criminal history
record checks.
Current law requires applicants for licensure or renewal to submit
fingerprints for a criminal history record check. The bill changes this
requirement to require that only controlling beneficial owners and passive
beneficial owners must get a fingerprint-based criminal history record
check, and the fingerprint-based check is only required for initial
licensure; name-based judicial record checks are required for license
renewal. Occupational license holders are required to obtain a
name-based judicial record check. The division may require an applicant
or licensee to obtain a fingerprint-based criminal history record check
when there is a demonstrated investigative need. Occupational license
applicants are authorized to work while the application is pending.
Current law requires the division to adopt rules for security
requirements for license holders. The security requirements include video
recording requirements. The video recording requirements are changed
to require, and must not exceed, video surveillance of the following:
! Each point of ingress and egress to the exterior of the
licensed premises;
! Points of sale with coverage of the customer or patient and
license holder completing the sale;
! Areas of the licensed premises where shipping and
receiving of regulated marijuana occurs, test batches are
HB25-1209
-2- collected, and regulated marijuana waste is destroyed; and
! Delivery vehicles surveillance.
To obtain video surveillance footage, the division must demand the video
surveillance footage in writing within at least 72 hours before the
deadline provided to furnish the footage.
Current law requires the division to notify license holders by
first-class mail of the license expiration date at least 90 days before the
expiration. The bill replaces first-class mail with digital communication.
The bill authorizes medical marijuana stores and retail marijuana
stores to host promotions where licensed marijuana producers can offer
patient or customer promotional units (promotional unit). To provide a
promotional unit, the promotional unit must be:
! Tested in accordance with the rules of the division;
! Tracked with the seed-to-sale inventory tracking system;
! Transferred to the store before the promotion;
! Packaged in accordance with the rules; and
! Labeled in accordance with the rules.
In addition, the store must:
! Provide the promotional unit during a promotion;
! Verify that the patient or customer is qualified to receive
the promotional unit;
! Not charge a patient or customer for a promotional unit;
! Ensure the total amount of promotional units and purchased
medical marijuana that are transferred to a patient or
customer do not exceed the legal transfer limits.
Current law authorizes marijuana cultivation facilities and
marijuana products manufacturers to provide research and development
units (R-and-D units) to managers and sets standards for the practice. The
bill reforms these standards as follows:
! R-and-D units may be provided to all licensed employees,
and the R-and-D unit must be:
! Labeled with the universal symbol indicating that
the package contains marijuana, the license number
of the facility that produced the R-and-D unit, the
batch number, and any required warning statements;
! Labeled to indicate that the R-and-D unit must not
be sold or resold;
! Tested in accordance with the rules;
! Packaged in a child-resistant container;
! Tracked with the seed-to-sale inventory tracking
system; and
! Provided for product development or quality control
purposes; and
! The facility or manufacturer may not:
! Allow an R-and-D unit to be consumed on the
HB25-1209
-3- licensed premises;
! Use an R-and-D unit as a means of compensation;
! Provide R-and-D units in a manner that would
violate the law or to an employee who is not
qualified;
! Require an employee to accept or consume an
R-and-D unit; or
! Receive compensation for an R-and-D unit.
The amount of marijuana that may be sold in a single transaction
at a retail marijuana store is raised from one ounce to 2 ounces or its
equivalent in retail marijuana products.
Current law makes it a class 2 misdemeanor for a person to:
! Have a controlling beneficial ownership, passive beneficial
ownership, or indirect financial interest in a license that
was not disclosed; and
! Engage in transfer of ownership without prior approval.
The bill repeals these provisions.
The bill authorizes the division to set and collect a fee to fulfill
requests for copies of a license application. The bill repeals a requirement
that retail and medical marijuana products be prepared with equipment
that is used exclusively for those products.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-10-103, add2
(13.2), (13.3), (46.4), (46.6), and (52.5) as follows:3
44-10-103. Definitions - rules. As used in this article 10, unless4
the context otherwise requires:5
(13.2) "C
USTOMER PROMOTION" MEANS A PROMOTION AT A RETAIL6
MARIJUANA STORE SPONSORED BY A RETAIL MARIJUANA CULTIVATION7
LICENSEE OR RETAIL MARIJUANA PR ODUCTS MANUFACTURER WHERE8
PROMOTIONAL UNITS ARE PROVIDED TO CUSTOMERS .9
(13.3) "C
USTOMER PROMOTIONAL UNIT " MEANS RETAIL10
MARIJUANA, RETAIL MARIJUANA CONCENTRATE , OR A RETAIL MARIJUANA11
PRODUCT PROVIDED TO A CUSTOMER .12
(46.4) "P
ATIENT PROMOTION" MEANS A PROMOTION AT A MEDICAL13
HB25-1209-4- MARIJUANA STORE SPONSORED BY A MEDICAL MARIJUANA CULTIVATION1
LICENSEE OR MEDICAL MARIJUANA PRODUCTS MANUFACTURER WHERE2
PROMOTIONAL UNITS ARE PROVIDED TO PATIENTS .3
(46.6) "P
ATIENT PROMOTIONAL UNIT " MEANS MEDICAL4
MARIJUANA, MEDICAL MARIJUANA CONCENTRATE , OR A MEDICAL5
MARIJUANA PRODUCT PROVIDED TO A PATIENT .6
(52.5) "R-
AND-D UNIT" MEANS REGULATED MARIJUANA PROVIDED7
TO AN OCCUPATIONAL LICENSEE EMPLOYED BY THE LICENSEE PROVIDING8
THE SAMPLE.9
SECTION 2. In Colorado Revised Statutes, 44-10-203, amend10
(1) introductory portion, (1)(j.5), (1)(k), (2) introductory portion, (2)(c),11
(2)(e), (2)(x), (2)(bb) introductory portion, (2)(dd) introductory portion,12
(2)(dd)(V), (2)(dd)(VI), (2)(gg) introductory portion, and (9)(b); repeal13
(1)(c), (2)(t), (2)(bb)(II), and (2)(gg)(II); and add (1)(l) as follows:14
44-10-203. State licensing authority - rules. (1) Permissive15
rule-making. Rules promulgated
ADOPTED pursuant to section 44-10-20216
(1)(c) may include the following subjects:17
(c) Records to be kept by licensees and the required availability18
of the records;19
(j.5) The implementation of contingency plans pursuant to20
sections 44-10-502 (10) and 44-10-602 (14), including the definition of21
outdoor cultivation, adverse weather event, or adverse natural occurrence22
and the process, procedures, requirements, and restrictions for23
contingency plans; and24
(k) Such other matters as are necessary for the fair, impartial,25
stringent, and comprehensive administration of this article 10;
OR26
(l) D
EVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS , WHICH27
HB25-1209
-5- MAY BE DIGITAL, FOR INDIVIDUALS WHO HANDLE OR TRANSPORT1
REGULATED MARIJUANA , AND REQUIREMENTS TO BE ISSUED AN2
IDENTIFICATION CARD MAY INCLUDE A NAME -BASED JUDICIAL RECORD3
CHECK BEFORE BEING ISSUED A CARD .4
(2) Mandatory rule-making. Rules promulgated ADOPTED5
pursuant to section 44-10-202 (1)(c) must include the following subjects:6
(c) Qualifications for
INITIAL licensure pursuant to this article 10,7
including but not limited to
the requirement for a fingerprint-based8
criminal history record check for all controlling beneficial owners
AND9
passive beneficial owners managers, contractors, employees, and other
10
support staff of entities licensed pursuant to this article 10 AND11
NAME-BASED CRIMINAL HISTORY RECORD CHECKS FOR EMPLOYEES OF12
REGULATED MARIJUANA BUSINESSES ;13
(e) Security requirements for any premises licensed pursuant to14
this article 10. including THE SECURITY REQUIREMENTS MUST INCLUDE ,15
at a minimum, lighting, physical security, video, and alarm requirements;16
and other minimum procedures for internal control as deemed necessary17
by the state licensing authority to properly administer and enforce this18
article 10; including AND biennial reporting requirements for changes,19
alterations, or modifications to the premises. S
URVEILLANCE20
REQUIREMENTS FOR VIDEO RECORDING MUST INCLUDE BUT CANNOT21
EXCEED THE FOLLOWING REQUIREMENTS :22
(I) E
ACH POINT OF INGRESS AND EGRESS TO THE EXTERIOR OF THE23
LICENSED PREMISES MUST BE SURVEILLED ;24
(II) P
OINTS OF SALE WITH COVERAGE OF THE CUSTOMER OR25
PATIENT AND OCCUPATIONAL LICENSEE COMPLETING THE SALE MUST BE26
SURVEILLED;27
HB25-1209
-6- (III) AREAS OF THE LICENSED PREMISES WHERE SHIPPING AND1
RECEIVING OF REGULATED MARIJUANA OCCURS , TEST BATCHES ARE2
COLLECTED, AND REGULATED MARIJUANA WASTE IS DESTROYED MUST BE3
SURVEILLED; AND4
(IV) D
ELIVERY VEHICLE SURVEILLANCE IF REQUIRED BY RULE5
UNDER SUBSECTION (2)(dd)(V) OF THIS SECTION;6
(t) Development of individual identification cards for individuals
7
working in or having unescorted access to the limited access areas of the8
licensed premises of a medical marijuana business or retail marijuana9
business, including a fingerprint-based criminal history record check as10
may be required by the state licensing authority prior to issuing a card;11
(x) The conditions under which a licensee is authorized to transfer12
fibrous waste to a person for the purpose of producing only industrial13
fiber products. The conditions must include contract requirements that14
stipulate that the fibrous waste will only be used to produce industrial15
fiber products; record-keeping requirements; security measures related to16
the transport and transfer of fibrous waste; requirements for handling17
contaminated fibrous waste; and processes associated with handling18
fibrous waste. The rules must not require licensees to alter fibrous waste19
from its natural state prior to BEFORE transfer.20
(bb) T
HE conditions under which a licensee is authorized to21
collect marijuana consumer waste and transfer it to a person for the22
purposes of reuse or recycling in accordance with all requirements23
established by the department of public health and environment pertaining24
to waste disposal and recycling. The conditions must include:25
(II) Record-keeping requirements;
26
(dd) Requirements for medical marijuana and medical marijuana27
HB25-1209
-7- products delivery as described in section SECTIONS 44-10-501 (11) and1
section 44-10-505 (5) and retail marijuana and retail marijuana products2
delivery as described in section SECTIONS 44-10-601 (13) and section3
44-10-605 (5), including:4
(V) Delivery vehicle requirements; including requirements for5
surveillance;6
(VI) Record-keeping requirements
CONCERNING:7
(A) C
HILD RESISTANCE CERTIFICATES;8
(B) T
ESTING RECORDS;9
(C) C
ERTIFICATES OF ANALYSIS OR OTHER RECORDS10
DEMONSTRATING THE COMPOSITION OF RAW INGREDIENTS USED IN11
VAPORIZERS OR PRESSURED METERED DOSE INHALERS ;12
(D) R
ECALL RECORDS;13
(E) A
DVERSE HEALTH EVENTS;14
(F) C
ORRECTIVE ACTION AND PREVENTIVE ACTION RECORDS ;15
(G) D
OCUMENTATION REQUIRED TO DEMONSTRATE VALID16
RESPONSIBLE VENDOR DESIGNATION ;17
(H) S
TANDARD OPERATING PROCEDURES ;18
(I) T
RANSFER RECORDS TO ACCOUNT FOR REGULATED MARIJUANA19
TRANSACTIONS;20
(J) E
XPIRATION DATE TESTING AND USE-BY-DATE TESTING;21
(K) P
ATIENT RECORDS; AND22
(L) A
DVERTISING RECORDS.23
(gg) For marijuana hospitality businesses that are mobile,24
regulations including: but not limited to:
25
(II) Surveillance cameras inside the vehicles;26
(9) (b) (I) The state licensing authority shall base its issuance of27
HB25-1209
-8- an employee license identification card pursuant to this subsection (9) on1
the results of an initial investigation that demonstrate the applicant is2
qualified to hold such license. The employee license application for3
which an employee license identification card was issued pursuant to this4
subsection (9) remains subject to denial pending the complete results of5
the applicant's initial fingerprint-based criminal history NAME-BASED6
JUDICIAL record check.7
(II) Results of a fingerprint-based criminal history NAME-BASED8
JUDICIAL record check that demonstrate that an applicant possessing an9
employee license identification card pursuant to this subsection (9) is not10
qualified to hold a license issued under this article 10 are grounds for11
denial of the employee license application. If the employee license12
application is denied, the applicant shall return the employee license
AND13
identification card to the state licensing authority within a time period that14
the state licensing authority establishes by rule.15
SECTION 3. In Colorado Revised Statutes, add 44-10-210 as16
follows:17
44-10-210. Procedure to obtain video surveillance. T
O OBTAIN18
VIDEO SURVEILLANCE, THE STATE LICENSING AUTHORITY MUST ISSUE19
ORDERS FOR VIDEO SURVEILLANCE FOOTAGE IN WRITING TO A LICENSEE .20
T
HE REQUEST MAY BE MADE BY DIGITAL COMMUNICATION . THE STATE21
LICENSING AUTHORITY SHALL PROVIDE LICENSEES WITH AT LEAST22
SEVENTY-TWO HOURS TO RESPOND TO THE REQUEST AND TO FURNISH THE23
REQUESTED VIDEO FOOTAGE .24
SECTION 4. In Colorado Revised Statutes, 44-10-307, amend25
(4)(c); and repeal (1)(h) as follows:26
44-10-307. Persons prohibited as licensees - definition. (1) A27
HB25-1209
-9- license provided by this article 10 shall not be issued to or held by:1
(h) A person who employs another person at a medical marijuana2
business or retail marijuana business who has not submitted fingerprints3
for a criminal history record check or whose criminal history record check4
reveals that the person is ineligible;5
(4) (c) (I) At the time of WHEN filing an application for INITIAL6
issuance or renewal of a state medical marijuana business license or retail7
marijuana business license, an applicant shall submit a set of his or her8
THEIR fingerprints and file personal history information concerning the9
applicant's qualifications for a state license on forms prepared by the state10
licensing authority. The state or local licensing authority or local11
jurisdiction shall submit the fingerprints to the Colorado bureau of12
investigation for the purpose of conducting fingerprint-based criminal13
history record checks. The Colorado bureau of investigation shall forward14
the fingerprints to the federal bureau of investigation for the purpose of15
conducting fingerprint-based criminal history record checks. When the16
results of a fingerprint-based criminal history record check reveal a record17
of arrest without a disposition, the state or local licensing authority or18
local jurisdiction shall require an applicant or a license holder to submit19
to a name-based judicial record check, as defined in section 22-2-119.320
(6)(d). The state or local licensing authority or local jurisdiction shall use21
the information resulting from the fingerprint-based criminal history22
record check to investigate and determine whether an applicant is23
qualified to hold a state or local license pursuant to this article 10. The24
state or local licensing authority or local jurisdiction may verify any of the25
information an applicant is required to submit.26
(II) W
HEN RENEWING A STATE MEDICAL MARIJUANA BUSINESS27
HB25-1209
-10- LICENSE OR RETAIL MARIJUANA BUSINESS LICENSE , THE LICENSEE SHALL1
SUBMIT THEIR NAME FOR A NAME -BASED JUDICIAL RECORD CHECK . THE2
STATE OR LOCAL LICENSING AUTHORITY OR LOCAL JURISDICTION SHALL3
USE THE INFORMATION RESULTING FROM THE NAME -BASED JUDICIAL4
RECORD CHECK TO DETERMINE WHETHER A LICENSEE CONTINUES TO BE5
QUALIFIED TO HOLD A STATE OR LOCAL LICENSE PURSUANT TO THIS6
ARTICLE 10. THE STATE OR LOCAL LICENSING AUTHORITY OR LOCAL7
JURISDICTION MAY VERIFY ANY OF THE INFORMATION A LICENSEE IS8
REQUIRED TO SUBMIT TO RENEW THE LICENSE .9
SECTION 5. In Colorado Revised Statutes, 44-10-313, amend10
(4) and (13)(c)(I)(B) as follows:11
44-10-313. Licensing in general - rules - repeal. (4) A medical12
marijuana business or retail marijuana business that is not a publicly13
traded corporation shall notify the state licensing authority in writing of14
the name, address, and date of birth of a controlling beneficial owner,15
passive beneficial owner, or manager before the new controlling16
beneficial owner, passive beneficial owner, or manager begins managing17
or associating with the operation. Any A controlling beneficial owner OR18
passive beneficial owner manager, or employee must pass a19
fingerprint-based criminal history record check as required by the state20
licensing authority and obtain the required identification prior to BEFORE21
being associated with managing, OR owning or working at the operation.22
A
MANAGER OR EMPLOYEE THAT IS NOT A CONTROLLING BENEFICIAL23
OWNER MAY COMMENCE WORKING OR MAY HANDLE OR TRANSPORT24
MARIJUANA BEFORE THE FINAL DISPOSITION OF THE INDIVIDUAL 'S25
APPLICATION.26
(13) (c) (I) A medical marijuana cultivation facility or retail27
HB25-1209
-11- marijuana cultivation facility that has obtained an approved change of1
location from the state licensing authority may operate one license at two2
geographical locations for the purpose of transitioning operations from3
one location to another if:4
(B) The licensed premises of both geographical locations comply5
with all surveillance, THE security and inventory tracking requirements6
imposed by this article 10 and any rules promulgated ADOPTED by the7
state licensing authority;8
SECTION 6. In Colorado Revised Statutes, 44-10-314, amend9
(1) and (2) as follows:10
44-10-314. License renewal - unified renewal applications -11
rules. (1) Ninety days prior to BEFORE the expiration date of an existing12
medical marijuana business or retail marijuana business license, the state13
licensing authority shall notify the licensee of the expiration date by14
first-class mail at the licensee's address of record with the state licensing15
authority DIGITAL COMMUNICATION . A licensee must apply for the16
renewal of an existing license to the local licensing authority within the17
time frame required by local ordinance or regulation and to the state18
licensing authority prior to BEFORE the expiration of the license. The19
licensee shall provide the state licensing authority with information20
establishing that the application complies with all local requirements for21
the renewal of a license. If a licensee submits a timely and sufficient22
renewal application, the licensee may continue to operate until the23
application is finally acted upon by the state licensing authority. The local24
licensing authority may hold a hearing on the application for renewal of25
a medical marijuana business license only if the licensee has had26
complaints filed against it,
THE LICENSEE has a history of violations, or27
HB25-1209
-12- there are allegations against the licensee that would constitute good cause.1
The local licensing authority shall not hold a renewal hearing provided2
for by this subsection (1) for a medical marijuana store until it has posted3
a notice of hearing on the licensed medical marijuana store premises in4
the manner described in section 44-10-303 (2) for a period of ten days5
and provided notice to the applicant at least ten days prior to BEFORE the6
hearing. The local licensing authority may refuse to renew any license for7
good cause, subject to judicial review.8
(2) The state licensing authority may require an additional A9
LICENSEE TO SUBMIT A fingerprint request TO PERFORM A10
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK when there is a11
demonstrated investigative need.12
SECTION 7. In Colorado Revised Statutes, 44-10-501, add (13)13
as follows:14
44-10-501. Medical marijuana store license - seed-to-sale15
inventory tracking system - medical marijuana products - hemp16
products - patient verification - delivery permit - supplier-sponsored17
patient promotion - rules - definitions. (13) (a) A
MEDICAL MARIJUANA18
STORE MAY HOST A PATIENT PROMOTION SPONSORED BY A MEDICAL19
MARIJUANA CULTIVATION FACILITY OR MEDICAL MARIJ UANA PRODUCTS20
MANUFACTURER WHERE PATIENT PROMOTI ONAL UNITS ARE PROVIDED . TO21
PROVIDE A PATIENT PROMOTIONAL UNIT, THE PATIENT PROMOTIONAL UNIT22
MUST BE:23
(I) T
ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER24
SECTION 44-10-203 (2)(d);25
(II) T
RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING26
SYSTEM;27
HB25-1209
-13- (III) TRANSFERRED TO THE MEDICAL MARIJUANA STORE BEFORE1
THE PATIENT PROMOTION;2
(IV) P
ACKAGED IN ACCORDANCE WITH THE RULES ADOPTED3
UNDER SECTION 44-10-203 (3)(b); AND4
(V) L
ABELED IN ACCORDANCE WITH THE RULES ADOPTED UNDER5
SECTION 44-10-203 (2)(f).6
(b) A
MEDICAL MARIJUANA STORE SHALL NOT PROVIDE PATIENT7
PROMOTIONAL UNITS UNLESS THE PATENT PROMOTIONAL UNITS ARE8
PROVIDED DURING A PATIENT PROMOTION .9
(c) T
O PROVIDE PATIENT PROMOTIONAL UNITS UNDER THIS10
SUBSECTION (13), A MEDICAL MARIJUANA STORE MUST :11
(I) V
ERIFY, BEFORE PROVIDING THE PATIENT PROMOTIONAL UNIT ,12
THAT THE PATIENT IS QUALIFIED TO RECEIVE THE PATIENT PROMOTIONAL13
UNIT;14
(II) N
OT CHARGE A PATIENT FOR A PATIENT PROMOTIONAL UNIT ;15
(III) E
NSURE THE TOTAL AMOUNT OF PATIENT PROMOTI ONAL UNITS16
AND PURCHASED MEDICAL MARIJUANA THAT ARE TRANSFERRED TO A17
PATIENT DO NOT EXCEED THE LIMITS ESTABLISHED IN SUBSECTIONS (3)(b)18
AND (3)(c) OF THIS SECTION; AND19
(IV) N
OT PERMIT THE CONSUMPTION OF PATIENT PROMOTIONAL20
UNITS ON THE LICENSED PREMISES.21
SECTION 8. In Colorado Revised Statutes, 44-10-502, amend22
(5) and (6)(e) as follows:23
44-10-502. Medical marijuana cultivation facility license -24
promotional units - centralized distribution permit - obtaining25
genetic material - transfer and change of designation of retail26
marijuana to medical marijuana - contingency plan - rules -27
HB25-1209
-14- definitions. (5) (a) A medical marijuana cultivation facility licensee may1
provide a medical marijuana sample and a medical marijuana concentrate2
sample to no more than five managers employed by the licensee for3
purposes of quality control and product development. A medical4
marijuana cultivation facility licensee may designate no more than five5
managers per calendar month as recipients of quality control and product6
development samples authorized pursuant to this subsection (5)(a) AN7
R-
AND-D UNIT TO AN OCCUPATIONAL LICENSEE.8
(b) Managers who receive a sample pursuant to subsection (5)(a)
9
of this section must have a valid registry identification card issued10
pursuant to section 25-1.5-106 (9).11
(c) A sample authorized pursuant to subsection (5)(a) of this12
section is limited to one gram of medical marijuana per batch as defined13
in rules promulgated by the state licensing authority and one-quarter gram14
of a medical marijuana concentrate per batch as defined in rules15
promulgated by the state licensing authority; except that the limit is16
one-half gram of medical marijuana concentrate if the intended use of the17
final medical marijuana product is to be used in a device that can deliver18
medical marijuana concentrate in a vaporized form to the person inhaling19
from the device.20
(d) A sample authorized pursuant to subsection (5)(a) of this21
section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:22
labeled and packaged pursuant to the rules promulgated pursuant to23
section 44-10-203 (2)(f) and (3)(b).24
(I) L
ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE25
PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY26
THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY27
HB25-1209
-15- REQUIRED WARNING STATEMENTS ;1
(II) L
ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE2
SOLD OR RESOLD;3
(III) T
ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER4
SECTION 44-10-203 (2)(d);5
(IV) P
ACKAGED IN A CHILD-RESISTANT CONTAINER;6
(V) T
RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING7
SYSTEM; AND8
(VI) P
ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY9
CONTROL PURPOSES.10
(e) A sample provided pursuant to subsection (5)(a) of this section
11
must be tracked with the seed-to-sale tracking system. Prior to a manager12
receiving a sample, a manager must be designated in the seed-to-sale13
tracking system as a recipient of quality control and product development14
samples. A manager receiving a sample must make a voluntary decision15
to be tracked in the seed-to-sale tracking system and is not a consumer16
pursuant to section 16 (5)(c) of article XVIII of the state constitution. The17
medical marijuana cultivation facility licensee shall maintain18
documentation of all samples and shall make the documentation available19
to the state licensing authority.20
(f) Prior to a manager receiving a sample pursuant to subsection21
(5)(a) of this section, a medical marijuana cultivation facility licensee22
shall provide a standard operating procedure to the manager explaining23
requirements pursuant to this section and personal possession limits24
pursuant to section 18-18-406.25
(g) A manager shall not:26
(I) Receive more than one ounce total of medical marijuana27
HB25-1209
-16- samples or fifteen grams of medical marijuana concentrate samples per1
calendar month, regardless of the number of licenses that the manager is2
associated with; or3
(II) Provide or resell the sample to another licensed employee, a4
customer, or any other individual.5
(h) A medical marijuana cultivation facility licensee shall not:6
(I) Allow a manager to consume the sample AN R-AND-D UNIT TO7
BE CONSUMED on the licensed premises; or8
(II) Use the sample AN R-AND-D UNIT as a means of9
compensation; to a manager.10
(III) P
ROVIDE R-AND-D UNITS IN A MANNER THAT VIOLATES11
SECTION 18-18-406;12
(IV) R
EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D13
UNIT;14
(V) R
ECEIVE COMPENSATION FOR AN R-AND-D UNIT; OR15
(VI) G
IVE AN R-AND-D UNIT TO A PERSON THE DOES NOT HOLD A16
VALID REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION17
25-1.5-106
(9).18
(i) The state licensing authority may establish additional inventory
19
tracking and record keeping, including additional reporting required for20
implementation. The medical marijuana cultivation facility licensee shall21
maintain the information required by this subsection (5)(i) on the licensed22
premises for inspection by the state and local licensing authorities.23
(j) For purposes of this subsection (5) only, "manager" means an24
employee of the medical marijuana business who holds a valid key25
license or associated key license. and is currently designated pursuant to26
state licensing authority rules as the manager of the medical marijuana27
HB25-1209
-17- business.1
(6) (e) All security and surveillance requirements that apply to a2
medical marijuana cultivation facility apply to activities conducted3
pursuant to the privileges of a centralized distribution permit.4
SECTION 9. In Colorado Revised Statutes, 44-10-503, amend5
(2) and (10) as follows:6
44-10-503. Medical marijuana products manufacturer license7
- hemp products - R-and-D units - transfer and change of designation8
of retail marijuana to medical marijuana - rules - definition.9
(2) Medical marijuana products must be prepared on a licensed premises10
that is used exclusively for the manufacture and preparation of medical11
marijuana products; and using equipment that is used exclusively for the12
manufacture and preparation of medical marijuana products; except that,13
subject to rules of the state licensing authority, a medical marijuana14
products manufacturer licensee may share the same premises as a15
commonly owned marijuana research and development licensee so long16
as virtual or physical separation of inventory and research activity is17
maintained.18
(10) (a) A medical marijuana products manufacturer licensee may19
provide a medical marijuana concentrate and a medical marijuana product20
sample to no more than five managers employed by the licensee for21
purposes of quality control and product development. A medical22
marijuana products manufacturer licensee may designate no more than23
five managers per calendar month as recipients of quality control and24
product development samples authorized pursuant to this subsection25
(10)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL LICENSEE.26
(b) Managers who receive a sample pursuant to subsection (10)(a)27
HB25-1209
-18- of this section must have a valid registry identification card issued1
pursuant to section 25-1.5-106 (9).2
(c) A sample authorized pursuant to subsection (10)(a) of this3
section is limited to one serving size of edible medical marijuana product4
and its applicable equivalent serving size of nonedible medical marijuana5
product per batch as defined in rules promulgated by the state licensing6
authority and one-quarter gram of medical marijuana concentrate per7
batch as defined in rules promulgated by the state licensing authority;8
except that the limit is one-half gram of medical marijuana concentrate9
if the intended use of the final product is to be used in a device that can10
be used to deliver medical marijuana concentrate in a vaporized form to11
the person inhaling from the device.12
(d) A sample authorized pursuant to subsection (10)(a) of this13
section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:14
labeled and packaged pursuant to the rules promulgated pursuant to15
section 44-10-203 (2)(f) and (3)(b).16
(I) L
ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE17
PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY18
THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY19
REQUIRED WARNING STATEMENTS ;20
(II) L
ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE21
SOLD OR RESOLD;22
(III) T
ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER23
SECTION 44-10-203 (2)(d);24
(IV) P
ACKAGED IN A CHILD-RESISTANT CONTAINER;25
(V) T
RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING26
SYSTEM; AND27
HB25-1209
-19- (VI) PROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY1
CONTROL.2
(e) A sample provided pursuant to subsection (10)(a) of this3
section must be tracked with the seed-to-sale tracking system. Prior to a4
manager receiving a sample, a manager must be designated in the5
seed-to-sale tracking system as a recipient of quality control and product6
development samples. A manager receiving a sample must make a7
voluntary decision to be tracked in the seed-to-sale tracking system and8
is not a consumer pursuant to section 16 (5)(c) of article XVIII of the9
state constitution. The medical marijuana products manufacturer licensee10
shall maintain documentation of all samples and shall make the11
documentation available to the state licensing authority.12
(f) Prior to a manager receiving a sample pursuant to subsection13
(10)(a) of this section, a medical marijuana products manufacturer14
licensee shall provide a standard operating procedure to the manager15
explaining requirements pursuant to this section and personal possession16
limits pursuant to section 18-18-406.17
(g) A manager shall not:18
(I) Receive more than a total of fifteen grams of medical19
marijuana concentrate or fourteen individual serving-size edibles or its20
applicable equivalent in nonedible medical marijuana products per21
calendar month, regardless of the number of licenses that the manager is22
associated with; or23
(II) Provide to or resell the sample to another licensed employee,24
a customer, or any other individual.25
(h) A medical marijuana products manufacturer licensee shall not:26
(I) Allow a manager to consume the sample AN R-AND-D UNIT TO27
HB25-1209
-20- BE CONSUMED on the licensed premises; or1
(II) Use the sample AN R-AND-D UNIT as a means of2
compensation; to a manager.3
(III) P
ROVIDE R-AND-D UNITS IN A MANNER THAT WOULD VIOLATE4
SECTION 18-18-406;5
(IV) R
EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D6
UNIT;7
(V) R
ECEIVE COMPENSATION FOR AN R-AND-D UNIT; OR8
(VI) G
IVE AN R-AND-D UNIT TO A PERSON THAT DOES NOT HOLD9
A VALID REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION10
25-1.5-106
(9).11
(i) The state licensing authority may establish additional inventory
12
tracking and record keeping, including additional reporting required for13
implementation. The medical marijuana products manufacturer licensee14
shall maintain the information required by this subsection (10)(i) on the15
licensed premises for inspection by the state and local licensing16
authorities.17
(j) For purposes of this subsection (10) only, "manager" means an18
employee of the medical marijuana products manufacturer who holds a19
valid key license or associated key license and is currently designated20
pursuant to state licensing authority rules as the manager of the medical21
marijuana products manufacturer.22
(k) T
HE STATE LICENSING AUTHORITY SHALL ADOPT RULES TO23
ENABLE A LICENSEE TO CONDUCT RESEARCH AND DEVELOPMENT USING24
R-
AND-D UNITS WHEN EVALUATING DIFFERENT FLAVORS .25
SECTION 10. In Colorado Revised Statutes, 44-10-601, amend26
(3)(a)(I); and add (18) as follows:27
HB25-1209
-21- 44-10-601. Retail marijuana store license - retail marijuana1
products - hemp products - consumer verification - delivery permit2
- supplier-sponsored consumer promotion - rules - definitions.3
(3) (a) (I) A retail marijuana store may not sell more than one ounce TWO4
OUNCES of retail marijuana or its equivalent in retail marijuana products,5
including retail marijuana concentrate, except for nonedible,6
nonpsychoactive retail marijuana products, including ointments, lotions,7
balms, and other nontransdermal topical products, during a single8
transaction to a person.9
(18) (a) A
RETAIL MARIJUANA STORE MAY HOST A CUSTOMER10
PROMOTION SPONSORED BY A RETAIL MARIJUANA CULTIVATION FACILITY11
OR RETAIL MARIJUANA PRODUCT MANUFACTURER WHERE CUSTOMER12
PROMOTIONAL UNITS ARE PROVIDED . TO PROVIDE A CUSTOMER13
PROMOTIONAL UNIT, THE CUSTOMER PROMOTIONAL UNIT MUST BE :14
(I)
TESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER15
SECTION 44-10-203 (2)(d);16
(II) T
RACKED WITH THE SEED -TO-SALE INVENTORY TRACKING17
SYSTEM IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION;18
(III) T
RANSFERRED TO THE RETAIL MARIJUANA STORE BEFORE THE19
CUSTOMER PROMOTION ;20
(IV) P
ACKAGED IN ACCORDANCE WITH THE RULES ADOPTED21
UNDER SECTION 44-10-203 (3)(b); AND22
(V) L
ABELED IN ACCORDANCE WITH THE RULES ADOPTED UNDER23
SECTION 44-10-203 (2)(f).24
(b) A
RETAIL MARIJUANA STORE SHALL NOT PROVIDE CUSTOMER25
PROMOTIONAL UNITS UNLESS THE CUSTOMER PROMOTIONAL UNITS ARE26
PROVIDED DURING A CUSTOMER PROMOTION .27
HB25-1209
-22- (c) TO PROVIDE CUSTOMER PROMOTIONAL UNITS UNDER THIS1
SUBSECTION (18), A RETAIL MARIJUANA STORE MUST:2
(I) V
ERIFY, BEFORE PROVIDING A CUSTOMER PROMOTIONAL UNIT ,3
THAT THE CUSTOMER IS QUALIFIED TO RECEIVE THE CUSTOMER4
PROMOTIONAL UNIT;5
(II) N
OT CHARGE A CUSTOMER FO R A CUSTOMER PROMOTIONAL6
UNIT;7
(III) E
NSURE THE TOTAL AMOUNT OF CUSTOMER PROMOTIONAL8
UNITS AND PURCHASED MEDICAL MARIJUANA THAT IS TRANSFERRED TO A9
CUSTOMER DOES NOT EXCEED THE LIMITS ESTABLISHED IN SUBSECTION10
(3)(a)
OF THIS SECTION; AND11
(IV) N
OT PERMIT THE CONSUMPTION OF THE CUSTOMER12
PROMOTIONAL UNIT ON THE LICENSED PREMISES .13
SECTION 11. In Colorado Revised Statutes, 44-10-602, amend14
(6)(a), (6)(d), (6)(h), and (7)(e); repeal (6)(c), (6)(e), (6)(f), (6)(g), (6)(i),15
and (6)(j) as follows:16
44-10-602. Retail marijuana cultivation facility license -17
R-and-D units - centralized distribution permit - genetic material -18
transfer and change of designation of retail marijuana to medical19
marijuana - contingency plan - rules - definitions. (6) (a) A retail20
marijuana cultivation facility licensee
may provide a retail marijuana21
sample and a retail marijuana concentrate sample to no more than five22
managers employed by the licensee for purposes of quality control and23
product development. A retail marijuana cultivation facility licensee may24
designate no more than five managers per calendar month as recipients25
of quality control and product development samples authorized pursuant26
to this subsection (6)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL27
HB25-1209
-23- LICENSEE.1
(c) A sample authorized pursuant to subsection (6)(a) of this2
section is limited to one gram of retail marijuana per batch as defined in3
rules promulgated by the state licensing authority, and one-quarter gram4
of a retail marijuana concentrate per batch as defined in rules5
promulgated by the state licensing authority; except that the limit is6
one-half gram of retail marijuana concentrate if the intended use of the7
final product is to be used in a device that can be used to deliver retail8
marijuana concentrate in a vaporized form to the person inhaling from the9
device.10
(d) A sample authorized pursuant to subsection (6)(a) of this11
section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:12
labeled and packaged pursuant to the rules promulgated pursuant to13
section 44-10-203 (2)(f) and (3)(b).14
(I) L
ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE15
PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY16
THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY17
REQUIRED WARNING STATEMENTS ;18
(II) L
ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE19
SOLD OR RESOLD;20
(III) T
ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER21
SECTION 44-10-203 (2)(d);22
(IV) P
ACKAGED IN A CHILD-RESISTANT CONTAINER;23
(V) T
RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING24
SYSTEM; AND25
(VI) P
ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY26
CONTROL.27
HB25-1209
-24- (e) A sample provided pursuant to subsection (6)(a) of this section1
must be tracked with the seed-to-sale tracking system. Prior to a manager2
receiving a sample, a manager must be designated in the seed-to-sale3
tracking system as a recipient of quality control and product development4
samples. A manager receiving a sample must make a voluntary decision5
to be tracked in the seed-to-sale tracking system and is not a consumer6
pursuant to section 16 (5)(c) of article XVIII of the state constitution. The7
retail marijuana cultivation facility licensee shall maintain documentation8
of all samples and shall make the documentation available to the state9
licensing authority.10
(f) Prior to a manager receiving a sample pursuant to subsection11
(6)(a) of this section, a retail marijuana cultivation facility licensee shall12
provide a standard operating procedure to the manager explaining13
requirements pursuant to this section and personal possession limits14
pursuant to section 18-18-406.15
(g) A manager shall not:16
(I) Receive more than one ounce total of retail marijuana or eight17
grams of retail marijuana concentrate samples per calendar month,18
regardless of the number of licenses that the manager is associated with;19
or20
(II) Provide to or resell the sample to another licensed employee,21
a customer, or any other individual.22
(h) A retail marijuana cultivation facility licensee shall not:23
(I) Allow a manager to consume the sample AN R-AND-D UNIT TO24
BE CONSUMED on the licensed premises; or25
(II) Use the sample AN R-AND-D UNIT as a means of26
compensation; to a manager.27
HB25-1209
-25- (III) PROVIDE R-AND-D UNITS IN A MANNER THAT WOULD VIOLATE1
SECTION 18-18-406;2
(IV) R
EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D3
UNIT; OR4
(V) R
ECEIVE COMPENSATION FOR AN R-AND-D UNIT.5
(i) The state licensing authority may establish additional inventory
6
tracking and record keeping, including additional reporting required for7
implementation. The retail marijuana cultivation facility licensee shall8
maintain the information required by this subsection (6)(i) on the licensed9
premises for inspection by the state and local licensing authorities.10
(j) For purposes of this subsection (6) only, "manager" means an11
employee of the retail marijuana cultivation facility who holds a valid key12
license or associated key license and is currently designated pursuant to13
state licensing authority rules as the manager of the retail marijuana14
cultivation facility.15
(7) (e) All security and surveillance requirements that apply to a16
retail marijuana cultivation facility apply to activities conducted pursuant17
to the privileges of a centralized distribution permit.18
SECTION 12. In Colorado Revised Statutes, 44-10-603, amend19
(2) introductory portion and (10) as follows:20
44-10-603. Retail marijuana products manufacturer license -21
rules - definition. (2) Retail marijuana products must be prepared on a22
licensed premises that is used exclusively for the manufacture and23
preparation of retail marijuana or retail marijuana products; and using24
equipment that is used exclusively for the manufacture and preparation25
of retail marijuana products; except that, if permitted by the local26
jurisdiction and subject to rules of the state licensing authority, a retail27
HB25-1209
-26- marijuana products manufacturer licensee may share the same premises1
as:2
(10) (a) A retail marijuana products manufacturer licensee may3
provide a retail marijuana product sample and a retail marijuana4
concentrate sample to no more than five managers employed by the5
licensee for purposes of quality control and product development. A retail6
marijuana products manufacturer licensee may designate no more than7
five managers per calendar month as recipients of quality control and8
product development samples authorized pursuant to this subsection9
(10)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL LICENSEE.10
(b) A sample authorized pursuant to subsection (10)(a) of this11
section is limited to one serving size of an edible retail marijuana product12
not exceeding ten milligrams of THC and its applicable equivalent13
serving size of nonedible retail marijuana product per batch as defined in14
rules promulgated by the state licensing authority and one-quarter gram15
of retail marijuana concentrate per batch as defined in rules promulgated16
by the state licensing authority; except that the limit is one-half gram of17
retail marijuana concentrate if the intended use of the final product is to18
be used in a device that can be used to deliver retail marijuana19
concentrate in a vaporized form to the person inhaling from the device.20
(c) A sample authorized pursuant to subsection (10)(a) of this21
section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:22
labeled and packaged pursuant to the rules promulgated pursuant to23
section 44-10-203 (2)(f) and (3)(b).24
(I) L
ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE25
PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY26
THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY27
HB25-1209
-27- REQUIRED WARNING STATEMENTS ;1
(II) L
ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE2
SOLD OR RESOLD;3
(III) T
ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER4
SECTION 44-10-203 (2)(d);5
(IV) P
ACKAGED IN A CHILD-RESISTANT CONTAINER;6
(V) T
RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING7
SYSTEM; AND8
(VI) P
ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY9
CONTROL.10
(d) A sample provided pursuant to subsection (10)(a) of this
11
section must be tracked with the seed-to-sale tracking system. Prior to a12
manager receiving a sample, a manager must be designated in the13
seed-to-sale tracking system as a recipient of quality control and product14
development samples. A manager receiving a sample must make a15
voluntary decision to be tracked in the seed-to-sale tracking system and16
is not a consumer pursuant to section 16 (5)(c) of article XVIII of the17
state constitution. The retail marijuana products manufacturer licensee18
shall maintain documentation of all samples and shall make the19
documentation available to the state licensing authority.20
(e) Prior to a manager receiving a sample pursuant to subsection21
(10)(a) of this section, a retail marijuana products manufacturer licensee22
shall provide a standard operating procedure to the manager explaining23
requirements pursuant to this section and personal possession limits24
pursuant to section 18-18-406.25
(f) A manager shall not:26
(I) Receive more than a total of eight grams of retail marijuana27
HB25-1209
-28- concentrate or fourteen individual serving-size edibles or its applicable1
equivalent in nonedible retail marijuana products per calendar month,2
regardless of the number of licenses that the manager is associated with;3
or4
(II) Provide to or resell the sample to another licensed employee,5
a customer, or any other individual.6
(g) A retail marijuana products manufacturing MANUFACTURER7
licensee shall not:8
(I) Allow a manager to consume the sample AN R-AND-D UNIT TO9
BE CONSUMED on the licensed premises; or10
(II) Use the sample AN R-AND-D UNIT as a means of11
compensation; to a manager.12
(III) P
ROVIDE R-AND-D UNITS IN A MANNER THAT WOULD VIOLATE13
SECTION 18-18-406;14
(IV) R
EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D15
UNIT; OR16
(V) R
ECEIVE COMPENSATION FOR AN R-AND-D UNIT.17
(h) The state licensing authority may establish additional
18
inventory tracking and record keeping, including additional reporting19
required for implementation. The retail marijuana products manufacturer20
licensee shall maintain the information required by this subsection (10)(h)21
on the licensed premises for inspection by the state and local licensing22
authorities.23
(i) For purposes of this subsection (10) only, "manager" means an24
employee of the retail marijuana products manufacturer who holds a valid25
key license or associated key license and is currently designated pursuant26
to state licensing authority rules as the manager of the retail marijuana27
HB25-1209
-29- products manufacturer.1
SECTION 13. In Colorado Revised Statutes, 44-10-701, amend2
(2)(d); and repeal (2)(b) and (2)(e) as follows:3
44-10-701. Unlawful acts - exceptions. (2) It is unlawful for a4
person to:5
(b) Have a controlling beneficial ownership, passive beneficial6
ownership, or indirect financial interest in a license pursuant to this article7
10 that was not disclosed in accordance with section 44-10-309; except8
that this subsection (2)(b) does not apply to banks or savings and loan9
associations supervised and regulated by an agency of the state or federal10
government, or to FHA-approved mortgagees, or to stockholders,11
directors, or officers thereof;12
(d) Exercise any privilege associated with holding a controlling13
beneficial ownership, passive beneficial ownership, or indirect financial14
interest in a license that was not disclosed in accordance with section15
44-10-309. or16
(e) Engage in transfer of ownership without prior approval as17
required by this article 10, including but not limited to:18
(I) A proposed transferee operating a medical marijuana business19
or retail marijuana business before a transfer of ownership request for that20
business is approved in writing by the state licensing authority; or21
(II) A current controlling beneficial owner, passive beneficial22
owner, or proposed transferor failing to retain full responsibility for a23
medical marijuana business or retail marijuana business identified in the24
transfer of ownership application until the transfer request is approved in25
writing by the state licensing authority.26
SECTION 14. In Colorado Revised Statutes, 44-10-801, amend27
HB25-1209
-30- (3)(a) introductory portion, (3)(a)(IV), and (3)(a)(V); and add (3)(a)(VI)1
as follows:2
44-10-801. Marijuana cash fund - transfer. (3) (a) The state3
licensing authority shall establish fees for processing the following types4
of applications, licenses, notices,
REQUESTS, or reports required to be5
submitted to the state licensing authority:6
(IV) License renewal and expired license renewal applications7
pursuant to section 44-10-314; and
8
(V) Licenses as listed in section 44-10-401;
AND9
(VI) R
EQUESTS FOR COPIES OF A LICENSE APPLICATION SUBMITTED10
BY THE APPLICANT.11
SECTION 15. In Colorado Revised Statutes, 44-10-1001, add (4)12
as follows:13
44-10-1001. Inspection procedures. (4) N
OTWITHSTANDING THE14
PROVISIONS OF THIS SECTION:15
(a) I
F A LICENSEE IS REQUIRED TO MAINTAIN BOOKS AND RECORDS16
IN THE SEED-TO-SALE INVENTORY TRACKING SYSTEM , THE LICENSEE NEED17
NOT MAINTAIN DUPLICATE COPIES OF THE BOOKS AND RECORDS ; AND18
(b) T
HE STATE LICENSING AUTHORITY MAY REQUIRE THE LICENSEE19
TO MAINTAIN ADDITIONAL RECORDS BEYOND THOSE REQUIRED BY THIS20
ARTICLE 10 OR THE RULES ADOPTED UNDER THIS ARTICLE 10 UPON A21
FINDING OF A VIOLATION BY THE LICENSEE OR BY AN AGENT OR EMPLOYEE22
OF THE LICENSEE OF THIS ARTICLE 10 OR A RULE ADOPTED UNDER THIS23
ARTICLE 10.24
SECTION 16. Act subject to petition - effective date -25
applicability. (1) This act takes effect at 12:01 a.m. on the day following26
the expiration of the ninety-day period after final adjournment of the27
HB25-1209
-31- general assembly; except that, if a referendum petition is filed pursuant1
to section 1 (3) of article V of the state constitution against this act or an2
item, section, or part of this act within such period, then the act, item,3
section, or part will not take effect unless approved by the people at the4
general election to be held in November 2026 and, in such case, will take5
effect on the date of the official declaration of the vote thereon by the6
governor.7
(2) This act applies to conduct occurring on or after the applicable8
effective date of this act.9
HB25-1209
-32-