Colorado 2025 Regular Session

Colorado House Bill HB1209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0332.02 Jery Payne x2157
8	8		HOUSE BILL 25-1209
9	9		House Committees Senate Committees
10	10		Finance
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING MEASURES TO ADDRESS EFFICIE NCY IN THE REGULATION101
15	15		OF MARIJUANA
16	16		LICENSEES, AND, IN CONNECTION THEREWITH,102
17	17		REDUCING AN APPROPRIATION .103
18	18		Bill Summary
19	19		(Note: This summary applies to this bill as introduced and does
20	20		not reflect any amendments that may be subsequently adopted. If this bill
21	21		passes third reading in the house of introduction, a bill summary that
22	22		applies to the reengrossed version of this bill will be available at
23	23		http://leg.colorado.gov
24	24		.)
25	25		Current law authorizes the marijuana enforcement division
26	26		(division) to adopt rules governing records required to be kept by license
27	27		holders. The bill replaces this with a requirement that the division adopt
28	28		rules requiring records concerning:
29	29		! Child resistance certificates;
30	30		HOUSE
31		-	3rd Reading Unamended
32		-	March 20, 2025
33		-	HOUSE
34	31		Amended 2nd Reading
35	32		March 19, 2025
36	33		HOUSE SPONSORSHIP
37		-	Lindstedt and Willford, Bacon, Bird, Clifford, English, Garcia, Gonzalez R., Mabrey,
38		-	McCluskie, Phillips, Sirota, Valdez
	34	+	Lindstedt and Willford,
39	35		SENATE SPONSORSHIP
40	36		Gonzales J.,
41	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	39		Dashes through the words or numbers indicate deletions from existing law. ! Testing records;
44	40		! Records demonstrating the composition of raw ingredients
45	41		used in vaporizers or pressured metered dose inhalers;
46	42		! Recall records;
47	43		! Adverse health events;
48	44		! Corrective action and preventive action records;
49	45		! Documentation required to demonstrate valid responsible
50	46		vendor designation;
51	47		! Standard operating procedures;
52	48		! Transfer records of regulated marijuana transactions;
53	49		! Expiration date testing and use-by-date testing;
54	50		! Patient records; and
55	51		! Advertising records.
56	52		If a license holder is required to maintain books and records in the
57	53		seed-to-sale inventory tracking system, the license holder need not
58	54		maintain duplicate copies of the books and records. If a license holder is
59	55		substantially noncompliant with regulatory requirements, the division may
60	56		require the license holder to maintain additional records. The division
61	57		must bring an administrative action to require a license holder to maintain
62	58		additional records.
63	59		Current law requires occupational license holders to be issued an
64	60		identification card. The bill authorizes digital identification cards and
65	61		replaces this requirement with authorization for the division to adopt rules
66	62		governing identification card requirements, including criminal history
67	63		record checks.
68	64		Current law requires applicants for licensure or renewal to submit
69	65		fingerprints for a criminal history record check. The bill changes this
70	66		requirement to require that only controlling beneficial owners and passive
71	67		beneficial owners must get a fingerprint-based criminal history record
72	68		check, and the fingerprint-based check is only required for initial
73	69		licensure; name-based judicial record checks are required for license
74	70		renewal. Occupational license holders are required to obtain a
75	71		name-based judicial record check. The division may require an applicant
76	72		or licensee to obtain a fingerprint-based criminal history record check
77	73		when there is a demonstrated investigative need. Occupational license
78	74		applicants are authorized to work while the application is pending.
79	75		Current law requires the division to adopt rules for security
80	76		requirements for license holders. The security requirements include video
81	77		recording requirements. The video recording requirements are changed
82	78		to require, and must not exceed, video surveillance of the following:
83	79		! Each point of ingress and egress to the exterior of the
84	80		licensed premises;
85	81		! Points of sale with coverage of the customer or patient and
86	82		license holder completing the sale;
87	83		! Areas of the licensed premises where shipping and
88	84		1209
89	85		-2- receiving of regulated marijuana occurs, test batches are
90	86		collected, and regulated marijuana waste is destroyed; and
91	87		! Delivery vehicles surveillance.
92	88		To obtain video surveillance footage, the division must demand the video
93	89		surveillance footage in writing within at least 72 hours before the
94	90		deadline provided to furnish the footage.
95	91		Current law requires the division to notify license holders by
96	92		first-class mail of the license expiration date at least 90 days before the
97	93		expiration. The bill replaces first-class mail with digital communication.
98	94		The bill authorizes medical marijuana stores and retail marijuana
99	95		stores to host promotions where licensed marijuana producers can offer
100	96		patient or customer promotional units (promotional unit). To provide a
101	97		promotional unit, the promotional unit must be:
102	98		! Tested in accordance with the rules of the division;
103	99		! Tracked with the seed-to-sale inventory tracking system;
104	100		! Transferred to the store before the promotion;
105	101		! Packaged in accordance with the rules; and
106	102		! Labeled in accordance with the rules.
107	103		In addition, the store must:
108	104		! Provide the promotional unit during a promotion;
109	105		! Verify that the patient or customer is qualified to receive
110	106		the promotional unit;
111	107		! Not charge a patient or customer for a promotional unit;
112	108		! Ensure the total amount of promotional units and purchased
113	109		medical marijuana that are transferred to a patient or
114	110		customer do not exceed the legal transfer limits.
115	111		Current law authorizes marijuana cultivation facilities and
116	112		marijuana products manufacturers to provide research and development
117	113		units (R-and-D units) to managers and sets standards for the practice. The
118	114		bill reforms these standards as follows:
119	115		! R-and-D units may be provided to all licensed employees,
120	116		and the R-and-D unit must be:
121	117		! Labeled with the universal symbol indicating that
122	118		the package contains marijuana, the license number
123	119		of the facility that produced the R-and-D unit, the
124	120		batch number, and any required warning statements;
125	121		! Labeled to indicate that the R-and-D unit must not
126	122		be sold or resold;
127	123		! Tested in accordance with the rules;
128	124		! Packaged in a child-resistant container;
129	125		! Tracked with the seed-to-sale inventory tracking
130	126		system; and
131	127		! Provided for product development or quality control
132	128		purposes; and
133	129		! The facility or manufacturer may not:
134	130		1209
135	131		-3- ! Allow an R-and-D unit to be consumed on the
136	132		licensed premises;
137	133		! Use an R-and-D unit as a means of compensation;
138	134		! Provide R-and-D units in a manner that would
139	135		violate the law or to an employee who is not
140	136		qualified;
141	137		! Require an employee to accept or consume an
142	138		R-and-D unit; or
143	139		! Receive compensation for an R-and-D unit.
144	140		The amount of marijuana that may be sold in a single transaction
145	141		at a retail marijuana store is raised from one ounce to 2 ounces or its
146	142		equivalent in retail marijuana products.
147	143		Current law makes it a class 2 misdemeanor for a person to:
148	144		! Have a controlling beneficial ownership, passive beneficial
149	145		ownership, or indirect financial interest in a license that
150	146		was not disclosed; and
151	147		! Engage in transfer of ownership without prior approval.
152	148		The bill repeals these provisions.
153	149		The bill authorizes the division to set and collect a fee to fulfill
154	150		requests for copies of a license application. The bill repeals a requirement
155	151		that retail and medical marijuana products be prepared with equipment
156	152		that is used exclusively for those products.
157	153		Be it enacted by the General Assembly of the State of Colorado:1
158	154		SECTION 1. In Colorado Revised Statutes, 44-10-103, add
159	155		2
160	156		(52.5) as follows:3
161	157		44-10-103. Definitions - rules. As used in this article 10, unless4
162	158		the context otherwise requires:5
163	159		6
164	160		(52.5) "R-
165	161		AND-D UNIT" MEANS REGULATED MARIJUANA PROVIDED7
166	162		TO AN OCCUPATIONAL LICENSEE EMPLOYED BY THE LICENSEE PROVIDING8
167	163		THE
168	164		REGULATED MARIJUANA .9
169	165		SECTION 2. In Colorado Revised Statutes, 44-10-203, amend10
170	166		(1) introductory portion, (1)(c), (1)(j.5), (2) introductory portion,11
171	167		(2)(c), (2)(e), (2)(x), (2)(bb) introductory portion, (2)(dd) introductory12
172	168		portion, (2)(dd)(V), (2)(gg) introductory portion, and (9)(b); repeal13
173	169		1209-4- (2)(t), (2)(bb)(II), (2)(dd)(VI), and (2)(gg)(II); and add (1)(l), (1)(m), and1
174	170		(10) as follows:2
175	171		44-10-203. State licensing authority - rules. (1) Permissive3
176	172		rule-making. Rules promulgated ADOPTED pursuant to section 44-10-2024
177	173		(1)(c) may include the following subjects:5
178	174		(c) Records to be kept by licensees and the required availability6
179	175		of the records. THE RECORDS REQUIRED TO BE KEPT MAY INCLUDE BUT7
180	176		MUST NOT EXCEED THE FOLLOWING :8
181	177		(I) CHILD RESISTANCE CERTIFICATES;9
182	178		(II) TESTING RECORDS;10
183	179		(III) CERTIFICATES OF ANALYSIS OR OTHER RECORDS11
184	180		DEMONSTRATING THE COMPOSITION OF RAW INGREDIENTS USED IN12
185	181		VAPORIZERS OR PRESSURED METERED DOSE INHALERS ;13
186	182		(IV) RECALL RECORDS;14
187	183		(V) ADVERSE HEALTH EVENTS;15
188	184		(VI) CORRECTIVE ACTION AND PREVENTIVE ACTION RECORDS ;16
189	185		(VII) DOCUMENTATION REQUIRED TO DEMONSTRATE VALID17
190	186		RESPONSIBLE VENDOR DESIGNATION ;18
191	187		(VIII) STANDARD OPERATING PROCEDURES ;19
192	188		(IX) TRANSFER RECORDS TO ACCOUNT FOR REGULATED20
193	189		MARIJUANA TRANSACTIONS ;21
194	190		(X) EXPIRATION DATE TESTING AND USE-BY-DATE TESTING;22
195	191		(XI) PATIENT RECORDS; AND23
196	192		(XII) ADVERTISING RECORDS.24
197	193		(j.5) The implementation of contingency plans pursuant to25
198	194		sections 44-10-502 (10) and 44-10-602 (14), including the definition of26
199	195		outdoor cultivation, adverse weather event, or adverse natural occurrence27
200	196		1209
201	197		-5- and the process, procedures, requirements, and restrictions for1
202	198		contingency plans; and2
203	199		(l) DEVELOPMENT OF INDIVIDUAL IDENTIFICATION CARDS FOR :3
204	200		(I) CONTROLLING BENEFICIAL OWNERS ;4
205	201		(II) PASSIVE BENEFICIAL OWNERS; OR5
206	202		(III) INDIVIDUALS WHO HANDLE OR TRANSPORT REGULATED6
207	203		MARIJUANA ON BEHALF OF ENTITIES LICENSED PURS UANT TO THIS ARTICLE7
208	204		10. 8
209	205		(m) REQUIREMENTS FOR MEDICAL MARIJUANA PRODUCTS9
210	206		MANUFACTURERS OR RETAIL MARIJUANA PRODUCTS MANUFACTURERS TO10
211	207		USE AN APPROVED LICENSED PREMISES AND APPROVED EQUIPMENT TO11
212	208		MANUFACTURE AND PREPARE PRODUCTS NOT INFUSED WITH REGULATED12
213	209		MARIJUANA FOR THE PURPOSE OF QUALITY CONTROL AND RESEARCH AND13
214	210		DEVELOPMENT IN THE FORMULATION OF MANUFACTURE OF INFUSED14
215	211		REGULATED MARIJUANA PRODUCTS .15
216	212		(2) Mandatory rule-making. Rules promulgated ADOPTED16
217	213		pursuant to section 44-10-202 (1)(c) must include the following subjects:17
218	214		(c) Qualifications for
219	215		INITIAL licensure pursuant to this article 10,18
220	216		including but not limited to
221	217		the requirement for a fingerprint-based19
222	218		criminal history record check for all controlling beneficial owners
223	219		AND20
224	220		passive beneficial owners managers, contractors, employees, and other
225	221		21
226	222		support staff of entities licensed pursuant to this article 10 AND22
227	223		NAME-BASED JUDICIAL RECORD CHECKS FOR EMPLOYEES OF REGULATED23
228	224		MARIJUANA BUSINESSES;24
229	225		(e) Security requirements for any premises licensed pursuant to25
230	226		this article 10. including THE SECURITY REQUIREMENTS MUST INCLUDE ,26
231	227		at a minimum, lighting, physical security, video, and alarm requirements;27
232	228		1209
233	229		-6- and other minimum procedures for internal control as deemed necessary1
234	230		by the state licensing authority to properly administer and enforce this2
235	231		article 10; including PROCEDURES FOR REQUIRING WRITTEN REQUESTS3
236	232		AND PROVIDING LICENSEES AT LEAST SEVENTY -TWO HOURS TO RESPOND4
237	233		TO REQUESTS TO OBTAIN COPIES OF SURVEILLANCE RECORDINGS CREATED5
238	234		AND MAINTAINED BY THE LICENSEE; AND biennial reporting requirements6
239	235		for changes, alterations, or modifications to the premises. S
240	236		URVEILLANCE7
241	237		REQUIREMENTS FOR VIDEO RECORDING
242	238		AREAS OF THE LICENSED PREMISES8
243	239		MUST INCLUDE BUT CANNOT EXCEED THE FOLLOWING REQUIREMENTS :9
244	240		(I) E
245	241		ACH POINT OF INGRESS AND EGRESS TO THE EXTERIOR OF THE10
246	242		LICENSED PREMISES MUST BE SURVEILLED ;11
247	243		(II) P
248	244		OINTS OF SALE WITH COVERAGE OF THE CUSTOMER OR12
249	245		PATIENT AND OCCUPATIONAL LICENSEE COMPLETING THE SALE MUST BE13
250	246		SURVEILLED;14
251	247		(III) A
252	248		REAS OF THE LICENSED PREMISES WHERE SHIPPING AND15
253	249		RECEIVING OF REGULATED MARIJUANA OCCURS , TEST BATCHES ARE16
254	250		COLLECTED, AND REGULATED MARIJUANA WASTE IS DESTROYED MUST BE17
255	251		SURVEILLED; AND18
256	252		(IV) D
257	253		ELIVERY VEHICLE SURVEILLANCE IF REQUIRED BY RULE19
258	254		UNDER SUBSECTION (2)(dd)(V) OF THIS SECTION;20
259	255		(t) Development of individual identification cards for individuals
260	256		21
261	257		working in or having unescorted access to the limited access areas of the22
262	258		licensed premises of a medical marijuana business or retail marijuana23
263	259		business, including a fingerprint-based criminal history record check as24
264	260		may be required by the state licensing authority prior to issuing a card;25
265	261		(x) The conditions under which a licensee is authorized to transfer26
266	262		fibrous waste to a person for the purpose of producing only industrial27
267	263		1209
268	264		-7- fiber products. The conditions must include contract requirements that1
269	265		stipulate that the fibrous waste will only be used to produce industrial2
270	266		fiber products; record-keeping requirements; security measures related to3
271	267		the transport and transfer of fibrous waste; requirements for handling4
272	268		contaminated fibrous waste; and processes associated with handling5
273	269		fibrous waste. The rules must not require licensees to alter fibrous waste6
274	270		from its natural state prior to BEFORE transfer.7
275	271		(bb) T
276	272		HE conditions under which a licensee is authorized to8
277	273		collect marijuana consumer waste and transfer it to a person for the9
278	274		purposes of reuse or recycling in accordance with all requirements10
279	275		established by the department of public health and environment pertaining11
280	276		to waste disposal and recycling. The conditions must include:12
281	277		(II) Record-keeping requirements;
282	278		13
283	279		(dd) Requirements for medical marijuana and medical marijuana14
284	280		products delivery as described in section SECTIONS 44-10-501 (11) and15
285	281		section 44-10-505 (5) and retail marijuana and retail marijuana products16
286	282		delivery as described in section SECTIONS 44-10-601 (13) and section17
287	283		44-10-605 (5), including:18
288	284		(V) Delivery vehicle requirements; including requirements for19
289	285		surveillance;20
290	286		(VI) Record-keeping requirements;21
291	287		(gg) For marijuana hospitality businesses that are mobile,22
292	288		regulations including: but not limited to:23
293	289		(II) Surveillance cameras inside the vehicles;24
294	290		(9) (b) (I) The state licensing authority shall base its issuance of25
295	291		an employee license identification card pursuant to this subsection (9) on26
296	292		the results of an initial investigation that demonstrate the applicant is27
297	293		1209
298	294		-8- qualified to hold such license. The employee license application for1
299	295		which an employee license identification card was issued pursuant to this2
300	296		subsection (9) remains subject to denial pending the complete results of3
301	297		the applicant's initial fingerprint-based criminal history NAME-BASED4
302	298		JUDICIAL record check.5
303	299		(II) Results of a fingerprint-based criminal history NAME-BASED6
304	300		JUDICIAL record check that demonstrate that an applicant possessing an7
305	301		employee license identification card pursuant to this subsection (9) is not8
306	302		qualified to hold a license issued under this article 10 are grounds for9
307	303		denial of the employee license application. If the employee license10
308	304		application is denied, the applicant shall return the employee license
309	305		AND11
310	306		identification card to the state licensing authority within a time period that12
311	307		the state licensing authority establishes by rule.13
312	308		(10) (a) THE STATE LICENSING AUTHORITY SHALL ADOPT RULES TO14
313	309		ENABLE A LICENSEE TO CONDUCT RESEARCH AND DEVELOPMENT USING15
314	310		R-AND-D UNITS WHEN EVALUATING DIFFERENT FLAVORS AND16
315	311		NONMARIJUANA INGREDIENTS . THE RULES MUST INCLUDE:17
316	312		(I) EVALUATION THROUGH THE USE OF NONINFUSED PRODUCTS ;18
317	313		AND19
318	314		(II) THE ADDITION OF FLAVORS AND NONMARIJUANA INGREDIENTS20
319	315		FOR THE PURPOSES OF RESEARCH AND DEVELOPMENT .21
320	316		(b) ADDING FLAVORS OR NONMARIJUANA INGREDIENTS ARE NOT22
321	317		CONSIDERED AN ADDITIONAL BATCH AND DO NOT REQUIRE ADDITIONAL23
322	318		TESTING IF THE LICENSEE POSSESSES ANALYSIS OR DOCUMENTATION24
323	319		EVIDENCING THE SAFETY PROFILE OF THE FLAVORS OR NONMARIJUANA25
324	320		INGREDIENTS.26
325	321		(c) A LICENSEE SHALL NOT TRANSFER R-AND-D UNITS TO A27
326	322		1209
327	323		-9- REGULATED MARIJUANA STORE .1
328	324		2
329	325		SECTION 3. In Colorado Revised Statutes, 44-10-307, amend3
330	326		(4)(c); and repeal (1)(h) as follows:4
331	327		44-10-307. Persons prohibited as licensees - definition. (1) A5
332	328		license provided by this article 10 shall not be issued to or held by:6
333	329		(h) A person who employs another person at a medical marijuana7
334	330		business or retail marijuana business who has not submitted fingerprints8
335	331		for a criminal history record check or whose criminal history record check9
336	332		reveals that the person is ineligible;10
337	333		(4) (c) (I) At the time of WHEN filing an application for INITIAL11
338	334		issuance or renewal of a state medical marijuana business license or retail12
339	335		marijuana business license, an applicant shall submit a set of his or her13
340	336		THEIR fingerprints and file personal history information concerning the14
341	337		applicant's qualifications for a state license on forms prepared by the state15
342	338		licensing authority. The state or local licensing authority or local16
343	339		jurisdiction shall submit the fingerprints to the Colorado bureau of17
344	340		investigation for the purpose of conducting fingerprint-based criminal18
345	341		history record checks. The Colorado bureau of investigation shall forward19
346	342		the fingerprints to the federal bureau of investigation for the purpose of20
347	343		conducting fingerprint-based criminal history record checks. When the21
348	344		results of a fingerprint-based criminal history record check reveal a record22
349	345		of arrest without a disposition, the state or local licensing authority or23
350	346		local jurisdiction shall require an applicant or a license holder to submit24
351	347		to a name-based judicial record check, as defined in section 22-2-119.325
352	348		(6)(d). The state or local licensing authority or local jurisdiction shall use26
353	349		the information resulting from the fingerprint-based criminal history27
354	350		1209
355	351		-10- record check to investigate and determine whether an applicant is1
356	352		qualified to hold a state or local license pursuant to this article 10. The2
357	353		state or local licensing authority or local jurisdiction may verify any of the3
358	354		information an applicant is required to submit.4
359	355		(II) W
360	356		HEN RENEWING A STATE MEDICAL MARIJUANA BUSINESS5
361	357		LICENSE OR RETAIL MARIJUANA BUSINESS LICENSE , THE LICENSEE SHALL6
362	358		SUBMIT THEIR NAME FOR A NAME -BASED JUDICIAL RECORD CHECK . THE7
363	359		STATE OR LOCAL LICENSING AUTHORITY OR LOCAL JURISDICTION SHALL8
364	360		USE THE INFORMATION RESULTING FROM THE NAME -BASED JUDICIAL9
365	361		RECORD CHECK TO DETERMINE WHETHER A LICENSEE CONTINUES TO BE10
366	362		QUALIFIED TO HOLD A STATE OR LOCAL LICENSE PURSUANT TO THIS11
367	363		ARTICLE 10. THE STATE OR LOCAL LICENSING AUTHORITY OR LOCAL12
368	364		JURISDICTION MAY VERIFY ANY OF THE INFORMATION A LICENSEE IS13
369	365		REQUIRED TO SUBMIT TO RENEW THE LICENSE .14
370	366		SECTION
371	367		4. In Colorado Revised Statutes, 44-10-313, amend15
372	368		(4) and (13)(c)(I)(B) as follows:16
373	369		44-10-313. Licensing in general - rules - repeal. (4) A medical17
374	370		marijuana business or retail marijuana business that is not a publicly18
375	371		traded corporation shall notify the state licensing authority in writing of19
376	372		the name, address, and date of birth of a controlling beneficial owner,20
377	373		passive beneficial owner, or manager before the new controlling21
378	374		beneficial owner, passive beneficial owner, or manager begins managing22
379	375		or associating with the operation. Any A controlling beneficial owner OR23
380	376		passive beneficial owner manager, or employee must pass a24
381	377		fingerprint-based criminal history record check as required by the state25
382	378		licensing authority and obtain the required identification prior to BEFORE26
383	379		being associated with managing, OR owning or working at the operation.27
384	380		1209
385	381		-11- A MANAGER OR EMPLOYEE THAT IS NOT A CONTROLLING BENEFICIAL1
386	382		OWNER MAY COMMENCE WORKING OR MAY HANDLE OR TRANSPORT2
387	383		MARIJUANA BEFORE THE FINAL DISPOSITION OF THE INDIVIDUAL 'S3
388	384		APPLICATION.4
389	385		(13) (c) (I) A medical marijuana cultivation facility or retail5
390	386		marijuana cultivation facility that has obtained an approved change of6
391	387		location from the state licensing authority may operate one license at two7
392	388		geographical locations for the purpose of transitioning operations from8
393	389		one location to another if:9
394	390		(B) The licensed premises of both geographical locations comply10
395	391		with all surveillance, THE security and inventory tracking requirements11
396	392		imposed by this article 10 and any rules promulgated ADOPTED by the12
397	393		state licensing authority;13
398	394		SECTION 5. In Colorado Revised Statutes, 44-10-314, amend14
399	395		(1) and (2) as follows:15
400	396		44-10-314. License renewal - unified renewal applications -16
401	397		rules. (1) Ninety days prior to BEFORE the expiration date of an existing17
402	398		medical marijuana business or retail marijuana business license, the state18
403	399		licensing authority shall notify the licensee of the expiration date by19
404	400		first-class mail at the licensee's address of record with the state licensing20
405	401		authority DIGITAL COMMUNICATION . A licensee must apply for the21
406	402		renewal of an existing license to the local licensing authority within the22
407	403		time frame required by local ordinance or regulation and to the state23
408	404		licensing authority prior to BEFORE the expiration of the license. The24
409	405		licensee shall provide the state licensing authority with information25
410	406		establishing that the application complies with all local requirements for26
411	407		the renewal of a license. If a licensee submits a timely and sufficient27
412	408		1209
413	409		-12- renewal application, the licensee may continue to operate until the1
414	410		application is finally acted upon by the state licensing authority. The local2
415	411		licensing authority may hold a hearing on the application for renewal of3
416	412		a medical marijuana business license only if the licensee has had4
417	413		complaints filed against it,
418	414		THE LICENSEE has a history of violations, or5
419	415		there are allegations against the licensee that would constitute good cause.6
420	416		The local licensing authority shall not hold a renewal hearing provided7
421	417		for by this subsection (1) for a medical marijuana store until it has posted8
422	418		a notice of hearing on the licensed medical marijuana store premises in9
423	419		the manner described in section 44-10-303 (2) for a period of ten days10
424	420		and provided notice to the applicant at least ten days prior to
425	421		BEFORE the11
426	422		hearing. The local licensing authority may refuse to renew any license for12
427	423		good cause, subject to judicial review.13
428	424		(2) The state licensing authority may require an additional A14
429	425		LICENSEE TO SUBMIT A fingerprint request TO PERFORM A15
430	426		FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK when there is a16
431	427		demonstrated investigative need.17
432	428		18
433	429		SECTION 6. In Colorado Revised Statutes, 44-10-502, amend19
434	430		(5) and (6)(e) as follows:20
435	431		44-10-502. Medical marijuana cultivation facility license - 21
436	432		centralized distribution permit - obtaining genetic material - transfer22
437	433		and change of designation of retail marijuana to medical marijuana23
438	434		- contingency plan - rules - definitions. (5) (a) A medical marijuana24
439	435		cultivation facility licensee may provide a medical marijuana sample and25
440	436		a medical marijuana concentrate sample to no more than five managers26
441	437		employed by the licensee for purposes of quality control and product27
442	438		1209
443	439		-13- development. A medical marijuana cultivation facility licensee may1
444	440		designate no more than five managers per calendar month as recipients2
445	441		of quality control and product development samples authorized pursuant3
446	442		to this subsection (5)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL4
447	443		LICENSEE.5
448	444		(b) Managers who receive a sample pursuant to subsection (5)(a)6
449	445		of this section must have a valid registry identification card issued7
450	446		pursuant to section 25-1.5-106 (9).8
451	447		(c) A sample authorized pursuant to subsection (5)(a) of this9
452	448		section is limited to one gram of medical marijuana per batch as defined10
453	449		in rules promulgated by the state licensing authority and one-quarter gram11
454	450		of a medical marijuana concentrate per batch as defined in rules12
455	451		promulgated by the state licensing authority; except that the limit is13
456	452		one-half gram of medical marijuana concentrate if the intended use of the14
457	453		final medical marijuana product is to be used in a device that can deliver15
458	454		medical marijuana concentrate in a vaporized form to the person inhaling16
459	455		from the device.17
460	456		(d) A sample authorized pursuant to subsection (5)(a) of this18
461	457		section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:19
462	458		labeled and packaged pursuant to the rules promulgated pursuant to20
463	459		section 44-10-203 (2)(f) and (3)(b).21
464	460		(I) L
465	461		ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE22
466	462		PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY23
467	463		THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY24
468	464		REQUIRED WARNING STATEMENTS ;25
469	465		(II) L
470	466		ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE26
471	467		SOLD OR RESOLD;27
472	468		1209
473	469		-14- (III) TESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER1
474	470		SECTION 44-10-203 (2)(d);2
475	471		(IV) P
476	472		ACKAGED IN A CHILD-RESISTANT CONTAINER;3
477	473		(V) T
478	474		RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING4
479	475		SYSTEM; AND5
480	476		(VI) P
481	477		ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY6
482	478		CONTROL PURPOSES.7
483	479		(e) A sample provided pursuant to subsection (5)(a) of this section
484	480		8
485	481		must be tracked with the seed-to-sale tracking system. Prior to a manager9
486	482		receiving a sample, a manager must be designated in the seed-to-sale10
487	483		tracking system as a recipient of quality control and product development11
488	484		samples. A manager receiving a sample must make a voluntary decision12
489	485		to be tracked in the seed-to-sale tracking system and is not a consumer13
490	486		pursuant to section 16 (5)(c) of article XVIII of the state constitution. The14
491	487		medical marijuana cultivation facility licensee shall maintain15
492	488		documentation of all samples and shall make the documentation available16
493	489		to the state licensing authority.17
494	490		(f) Prior to a manager receiving a sample pursuant to subsection18
495	491		(5)(a) of this section, a medical marijuana cultivation facility licensee19
496	492		shall provide a standard operating procedure to the manager explaining20
497	493		requirements pursuant to this section and personal possession limits21
498	494		pursuant to section 18-18-406.22
499	495		(g) A manager shall not:23
500	496		(I) Receive more than one ounce total of medical marijuana24
501	497		samples or fifteen grams of medical marijuana concentrate samples per25
502	498		calendar month, regardless of the number of licenses that the manager is26
503	499		associated with; or27
504	500		1209
505	501		-15- (II) Provide or resell the sample to another licensed employee, a1
506	502		customer, or any other individual.2
507	503		(h) A medical marijuana cultivation facility licensee shall not:3
508	504		(I) Allow a manager to consume the sample AN R-AND-D UNIT TO4
509	505		BE CONSUMED on the licensed premises; or5
510	506		(II) Use the sample AN R-AND-D UNIT as a means of6
511	507		compensation; to a manager.7
512	508		(III) P
513	509		ROVIDE R-AND-D UNITS IN A MANNER THAT
514	510		EXCEEDS SALES8
515	511		LIMITATIONS SET FORTH IN SECTION 44-10-501;9
516	512		(IV) R
517	513		EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D10
518	514		UNIT;11
519	515		(V) R
520	516		ECEIVE COMPENSATION FOR AN R-AND-D UNIT; OR12
521	517		(VI) G
522	518		IVE AN R-AND-D UNIT TO A PERSON THE DOES NOT HOLD A13
523	519		VALID REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION14
524	520		25-1.5-106
525	521		(9).15
526	522		(i) The state licensing authority may establish additional inventory
527	523		16
528	524		tracking and record keeping, including additional reporting required for17
529	525		implementation. The medical marijuana cultivation facility licensee shall18
530	526		maintain the information required by this subsection (5)(i) on the licensed19
531	527		premises for inspection by the state and local licensing authorities.20
532	528		(j) For purposes of this subsection (5) only, "manager" means an21
533	529		employee of the medical marijuana business who holds a valid key22
534	530		license or associated key license. and is currently designated pursuant to23
535	531		state licensing authority rules as the manager of the medical marijuana24
536	532		business.25
537	533		(6) (e) All security and surveillance requirements that apply to a26
538	534		medical marijuana cultivation facility apply to activities conducted27
539	535		1209
540	536		-16- pursuant to the privileges of a centralized distribution permit.1
541	537		SECTION 7. In Colorado Revised Statutes, 44-10-503, amend2
542	538		(2) and (10) as follows:3
543	539		44-10-503. Medical marijuana products manufacturer license4
544	540		- hemp products - R-and-D units - transfer and change of designation5
545	541		of retail marijuana to medical marijuana - rules - definition.6
546	542		(2) Medical marijuana products must be prepared on a licensed premises7
547	543		that is used exclusively for the manufacture and preparation of medical8
548	544		marijuana products and using equipment that is used exclusively for the9
549	545		manufacture and preparation of medical marijuana products UNLESS10
550	546		PERMITTED BY RULE ADOPTED BY THE STATE LICENSING AUTHORITY11
551	547		UNDER SECTION 44-10-203 (1)(m); except that, subject to rules of the state12
552	548		licensing authority, a medical marijuana products manufacturer licensee13
553	549		may share the same premises as a commonly owned marijuana research14
554	550		and development licensee so long as virtual or physical separation of15
555	551		inventory and research activity is maintained.16
556	552		(10) (a) A medical marijuana products manufacturer licensee may17
557	553		provide a medical marijuana concentrate and a medical marijuana product18
558	554		sample to no more than five managers employed by the licensee for19
559	555		purposes of quality control and product development. A medical20
560	556		marijuana products manufacturer licensee may designate no more than21
561	557		five managers per calendar month as recipients of quality control and22
562	558		product development samples authorized pursuant to this subsection23
563	559		(10)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL LICENSEE.24
564	560		(b) Managers who receive a sample pursuant to subsection (10)(a)25
565	561		of this section must have a valid registry identification card issued26
566	562		pursuant to section 25-1.5-106 (9).27
567	563		1209
568	564		-17- (c) A sample authorized pursuant to subsection (10)(a) of this1
569	565		section is limited to one serving size of edible medical marijuana product2
570	566		and its applicable equivalent serving size of nonedible medical marijuana3
571	567		product per batch as defined in rules promulgated by the state licensing4
572	568		authority and one-quarter gram of medical marijuana concentrate per5
573	569		batch as defined in rules promulgated by the state licensing authority;6
574	570		except that the limit is one-half gram of medical marijuana concentrate7
575	571		if the intended use of the final product is to be used in a device that can8
576	572		be used to deliver medical marijuana concentrate in a vaporized form to9
577	573		the person inhaling from the device.10
578	574		(d) A sample authorized pursuant to subsection (10)(a) of this11
579	575		section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:12
580	576		labeled and packaged pursuant to the rules promulgated pursuant to13
581	577		section 44-10-203 (2)(f) and (3)(b).14
582	578		(I) L
583	579		ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE15
584	580		PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY16
585	581		THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY17
586	582		REQUIRED WARNING STATEMENTS ;18
587	583		(II) L
588	584		ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE19
589	585		SOLD OR RESOLD;20
590	586		(III) T
591	587		ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER21
592	588		SECTION 44-10-203 (2)(d);22
593	589		(IV) P
594	590		ACKAGED IN A CHILD-RESISTANT CONTAINER;23
595	591		(V) T
596	592		RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING24
597	593		SYSTEM; AND25
598	594		(VI) P
599	595		ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY26
600	596		CONTROL.27
601	597		1209
602	598		-18- (e) A sample provided pursuant to subsection (10)(a) of this1
603	599		section must be tracked with the seed-to-sale tracking system. Prior to a2
604	600		manager receiving a sample, a manager must be designated in the3
605	601		seed-to-sale tracking system as a recipient of quality control and product4
606	602		development samples. A manager receiving a sample must make a5
607	603		voluntary decision to be tracked in the seed-to-sale tracking system and6
608	604		is not a consumer pursuant to section 16 (5)(c) of article XVIII of the7
609	605		state constitution. The medical marijuana products manufacturer licensee8
610	606		shall maintain documentation of all samples and shall make the9
611	607		documentation available to the state licensing authority.10
612	608		(f) Prior to a manager receiving a sample pursuant to subsection11
613	609		(10)(a) of this section, a medical marijuana products manufacturer12
614	610		licensee shall provide a standard operating procedure to the manager13
615	611		explaining requirements pursuant to this section and personal possession14
616	612		limits pursuant to section 18-18-406.15
617	613		(g) A manager shall not:16
618	614		(I) Receive more than a total of fifteen grams of medical17
619	615		marijuana concentrate or fourteen individual serving-size edibles or its18
620	616		applicable equivalent in nonedible medical marijuana products per19
621	617		calendar month, regardless of the number of licenses that the manager is20
622	618		associated with; or21
623	619		(II) Provide to or resell the sample to another licensed employee,22
624	620		a customer, or any other individual.23
625	621		(h) A medical marijuana products manufacturer licensee shall not:24
626	622		(I) Allow a manager to consume the sample AN R-AND-D UNIT TO25
627	623		BE CONSUMED on the licensed premises; or26
628	624		(II) Use the sample AN R-AND-D UNIT as a means of27
629	625		1209
630	626		-19- compensation; to a manager.1
631	627		(III) P
632	628		ROVIDE R-AND-D UNITS IN A MANNER THAT
633	629		EXCEEDS SALES2
634	630		LIMITATIONS SET FORTH IN SECTION 44-10-601;3
635	631		(IV) R
636	632		EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D4
637	633		UNIT;5
638	634		(V) R
639	635		ECEIVE COMPENSATION FOR AN R-AND-D UNIT; OR6
640	636		(VI) G
641	637		IVE AN R-AND-D UNIT TO A PERSON THAT DOES NOT HOLD7
642	638		A VALID REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION8
643	639		25-1.5-106
644	640		(9).9
645	641		(i) The state licensing authority may establish additional inventory
646	642		10
647	643		tracking and record keeping, including additional reporting required for11
648	644		implementation. The medical marijuana products manufacturer licensee12
649	645		shall maintain the information required by this subsection (10)(i) on the13
650	646		licensed premises for inspection by the state and local licensing14
651	647		authorities.15
652	648		(j) For purposes of this subsection (10) only, "manager" means an16
653	649		employee of the medical marijuana products manufacturer who holds a17
654	650		valid key license or associated key license and is currently designated18
655	651		pursuant to state licensing authority rules as the manager of the medical19
656	652		marijuana products manufacturer.20
657	653		21
658	654		SECTION 8. In Colorado Revised Statutes, 44-10-602, amend22
659	655		(6)(a), (6)(d), (6)(h), and (7)(e); repeal (6)(c), (6)(e), (6)(f), (6)(g), (6)(i),23
660	656		and (6)(j) as follows:24
661	657		44-10-602. Retail marijuana cultivation facility license -25
662	658		R-and-D units - centralized distribution permit - genetic material -26
663	659		transfer and change of designation of retail marijuana to medical27
664	660		1209
665	661		-20- marijuana - contingency plan - rules - definitions. (6) (a) A retail1
666	662		marijuana cultivation facility licensee may provide a retail marijuana2
667	663		sample and a retail marijuana concentrate sample to no more than five3
668	664		managers employed by the licensee for purposes of quality control and4
669	665		product development. A retail marijuana cultivation facility licensee may5
670	666		designate no more than five managers per calendar month as recipients6
671	667		of quality control and product development samples authorized pursuant7
672	668		to this subsection (6)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL8
673	669		LICENSEE.9
674	670		(c) A sample authorized pursuant to subsection (6)(a) of this10
675	671		section is limited to one gram of retail marijuana per batch as defined in11
676	672		rules promulgated by the state licensing authority, and one-quarter gram12
677	673		of a retail marijuana concentrate per batch as defined in rules13
678	674		promulgated by the state licensing authority; except that the limit is14
679	675		one-half gram of retail marijuana concentrate if the intended use of the15
680	676		final product is to be used in a device that can be used to deliver retail16
681	677		marijuana concentrate in a vaporized form to the person inhaling from the17
682	678		device.18
683	679		(d) A sample authorized pursuant to subsection (6)(a) of this19
684	680		section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:20
685	681		labeled and packaged pursuant to the rules promulgated pursuant to21
686	682		section 44-10-203 (2)(f) and (3)(b).22
687	683		(I) L
688	684		ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE23
689	685		PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY24
690	686		THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY25
691	687		REQUIRED WARNING STATEMENTS ;26
692	688		(II) L
693	689		ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE27
694	690		1209
695	691		-21- SOLD OR RESOLD;1
696	692		(III) T
697	693		ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER2
698	694		SECTION 44-10-203 (2)(d);3
699	695		(IV) P
700	696		ACKAGED IN A CHILD-RESISTANT CONTAINER;4
701	697		(V) T
702	698		RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING5
703	699		SYSTEM; AND6
704	700		(VI) P
705	701		ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY7
706	702		CONTROL.8
707	703		(e) A sample provided pursuant to subsection (6)(a) of this section
708	704		9
709	705		must be tracked with the seed-to-sale tracking system. Prior to a manager10
710	706		receiving a sample, a manager must be designated in the seed-to-sale11
711	707		tracking system as a recipient of quality control and product development12
712	708		samples. A manager receiving a sample must make a voluntary decision13
713	709		to be tracked in the seed-to-sale tracking system and is not a consumer14
714	710		pursuant to section 16 (5)(c) of article XVIII of the state constitution. The15
715	711		retail marijuana cultivation facility licensee shall maintain documentation16
716	712		of all samples and shall make the documentation available to the state17
717	713		licensing authority.18
718	714		(f) Prior to a manager receiving a sample pursuant to subsection19
719	715		(6)(a) of this section, a retail marijuana cultivation facility licensee shall20
720	716		provide a standard operating procedure to the manager explaining21
721	717		requirements pursuant to this section and personal possession limits22
722	718		pursuant to section 18-18-406.23
723	719		(g) A manager shall not:24
724	720		(I) Receive more than one ounce total of retail marijuana or eight25
725	721		grams of retail marijuana concentrate samples per calendar month,26
726	722		regardless of the number of licenses that the manager is associated with;27
727	723		1209
728	724		-22- or1
729	725		(II) Provide to or resell the sample to another licensed employee,2
730	726		a customer, or any other individual.3
731	727		(h) A retail marijuana cultivation facility licensee shall not:4
732	728		(I) Allow a manager to consume the sample AN R-AND-D UNIT TO5
733	729		BE CONSUMED on the licensed premises; or6
734	730		(II) Use the sample AN R-AND-D UNIT as a means of7
735	731		compensation; to a manager.8
736	732		(III) P
737	733		ROVIDE R-AND-D UNITS IN A MANNER THAT WOULD VIOLATE9
738	734		SECTION 18-18-406;10
739	735		(IV) R
740	736		EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D11
741	737		UNIT; OR12
742	738		(V) R
743	739		ECEIVE COMPENSATION FOR AN R-AND-D UNIT.13
744	740		(i) The state licensing authority may establish additional inventory
745	741		14
746	742		tracking and record keeping, including additional reporting required for15
747	743		implementation. The retail marijuana cultivation facility licensee shall16
748	744		maintain the information required by this subsection (6)(i) on the licensed17
749	745		premises for inspection by the state and local licensing authorities.18
750	746		(j) For purposes of this subsection (6) only, "manager" means an19
751	747		employee of the retail marijuana cultivation facility who holds a valid key20
752	748		license or associated key license and is currently designated pursuant to21
753	749		state licensing authority rules as the manager of the retail marijuana22
754	750		cultivation facility.23
755	751		(7) (e) All security and surveillance requirements that apply to a24
756	752		retail marijuana cultivation facility apply to activities conducted pursuant25
757	753		to the privileges of a centralized distribution permit.26
758	754		SECTION 9. In Colorado Revised Statutes, 44-10-603, amend27
759	755		1209
760	756		-23- (2) introductory portion and (10) as follows:1
761	757		44-10-603. Retail marijuana products manufacturer license -2
762	758		rules - definition. (2) Retail marijuana products must be prepared on a3
763	759		licensed premises that is used exclusively for the manufacture and4
764	760		preparation of retail marijuana or retail marijuana products and using5
765	761		equipment that is used exclusively for the manufacture and preparation6
766	762		of retail marijuana products UNLESS PERMITTED BY RULE ADOPTED BY THE7
767	763		STATE LICENSING AUTHORITY UNDER SECTION 44-10-203 (1)(m); except8
768	764		that, if permitted by the local jurisdiction and subject to rules of the state9
769	765		licensing authority, a retail marijuana products manufacturer licensee may10
770	766		share the same premises as:11
771	767		(10) (a) A retail marijuana products manufacturer licensee may12
772	768		provide a retail marijuana product sample and a retail marijuana13
773	769		concentrate sample to no more than five managers employed by the14
774	770		licensee for purposes of quality control and product development. A retail15
775	771		marijuana products manufacturer licensee may designate no more than16
776	772		five managers per calendar month as recipients of quality control and17
777	773		product development samples authorized pursuant to this subsection18
778	774		(10)(a) AN R-AND-D UNIT TO AN OCCUPATIONAL LICENSEE.19
779	775		(b) A sample authorized pursuant to subsection (10)(a) of this20
780	776		section is limited to one serving size of an edible retail marijuana product21
781	777		not exceeding ten milligrams of THC and its applicable equivalent22
782	778		serving size of nonedible retail marijuana product per batch as defined in23
783	779		rules promulgated by the state licensing authority and one-quarter gram24
784	780		of retail marijuana concentrate per batch as defined in rules promulgated25
785	781		by the state licensing authority; except that the limit is one-half gram of26
786	782		retail marijuana concentrate if the intended use of the final product is to27
787	783		1209
788	784		-24- be used in a device that can be used to deliver retail marijuana1
789	785		concentrate in a vaporized form to the person inhaling from the device.2
790	786		(c) A sample authorized pursuant to subsection (10)(a) of this3
791	787		section TO PROVIDE AN R-AND-D UNIT, THE R-AND-D UNIT must be:4
792	788		labeled and packaged pursuant to the rules promulgated pursuant to5
793	789		section 44-10-203 (2)(f) and (3)(b).6
794	790		(I) L
795	791		ABELED WITH THE UNIVERSAL SYMBOL INDICATING THAT THE7
796	792		PACKAGE CONTAINS MARIJUANA , THE LICENSE NUMBER OF THE FACILITY8
797	793		THAT PRODUCED THE R-AND-D UNIT, THE BATCH NUMBER, AND ANY9
798	794		REQUIRED WARNING STATEMENTS ;10
799	795		(II) L
800	796		ABELED TO INDICATE THAT THE R-AND-D UNIT MUST NOT BE11
801	797		SOLD OR RESOLD;12
802	798		(III) T
803	799		ESTED IN ACCORDANCE WITH THE RULES ADOPTED UNDER13
804	800		SECTION 44-10-203 (2)(d);14
805	801		(IV) P
806	802		ACKAGED IN A CHILD-RESISTANT CONTAINER;15
807	803		(V) T
808	804		RACKED WITH THE SEED-TO-SALE INVENTORY TRACKING16
809	805		SYSTEM; AND17
810	806		(VI) P
811	807		ROVIDED FOR PRODUCT DEVELOPMENT OR QUALITY18
812	808		CONTROL.19
813	809		(d) A sample provided pursuant to subsection (10)(a) of this
814	810		20
815	811		section must be tracked with the seed-to-sale tracking system. Prior to a21
816	812		manager receiving a sample, a manager must be designated in the22
817	813		seed-to-sale tracking system as a recipient of quality control and product23
818	814		development samples. A manager receiving a sample must make a24
819	815		voluntary decision to be tracked in the seed-to-sale tracking system and25
820	816		is not a consumer pursuant to section 16 (5)(c) of article XVIII of the26
821	817		state constitution. The retail marijuana products manufacturer licensee27
822	818		1209
823	819		-25- shall maintain documentation of all samples and shall make the1
824	820		documentation available to the state licensing authority.2
825	821		(e) Prior to a manager receiving a sample pursuant to subsection3
826	822		(10)(a) of this section, a retail marijuana products manufacturer licensee4
827	823		shall provide a standard operating procedure to the manager explaining5
828	824		requirements pursuant to this section and personal possession limits6
829	825		pursuant to section 18-18-406.7
830	826		(f) A manager shall not:8
831	827		(I) Receive more than a total of eight grams of retail marijuana9
832	828		concentrate or fourteen individual serving-size edibles or its applicable10
833	829		equivalent in nonedible retail marijuana products per calendar month,11
834	830		regardless of the number of licenses that the manager is associated with;12
835	831		or13
836	832		(II) Provide to or resell the sample to another licensed employee,14
837	833		a customer, or any other individual.15
838	834		(g) A retail marijuana products manufacturing MANUFACTURER16
839	835		licensee shall not:17
840	836		(I) Allow a manager to consume the sample AN R-AND-D UNIT TO18
841	837		BE CONSUMED on the licensed premises; or19
842	838		(II) Use the sample AN R-AND-D UNIT as a means of20
843	839		compensation; to a manager.21
844	840		(III) P
845	841		ROVIDE R-AND-D UNITS IN A MANNER THAT WOULD VIOLATE22
846	842		SECTION 18-18-406;23
847	843		(IV) R
848	844		EQUIRE AN EMPLOYEE TO ACCEPT OR CONSUME AN R-AND-D24
849	845		UNIT; OR25
850	846		(V) R
851	847		ECEIVE COMPENSATION FOR AN R-AND-D UNIT.26
852	848		(h) The state licensing authority may establish additional
853	849		27
854	850		1209
855	851		-26- inventory tracking and record keeping, including additional reporting1
856	852		required for implementation. The retail marijuana products manufacturer2
857	853		licensee shall maintain the information required by this subsection (10)(h)3
858	854		on the licensed premises for inspection by the state and local licensing4
859	855		authorities.5
860	856		(i) For purposes of this subsection (10) only, "manager" means an6
861	857		employee of the retail marijuana products manufacturer who holds a valid7
862	858		key license or associated key license and is currently designated pursuant8
863	859		to state licensing authority rules as the manager of the retail marijuana9
864	860		products manufacturer.10
865	861		SECTION 10. In Colorado Revised Statutes, 44-10-701, amend11
866	862		(2)(d); and repeal (2)(b) and (2)(e) as follows:12
867	863		44-10-701. Unlawful acts - exceptions. (2) It is unlawful for a13
868	864		person to:14
869	865		(b) Have a controlling beneficial ownership, passive beneficial15
870	866		ownership, or indirect financial interest in a license pursuant to this article16
871	867		10 that was not disclosed in accordance with section 44-10-309; except17
872	868		that this subsection (2)(b) does not apply to banks or savings and loan18
873	869		associations supervised and regulated by an agency of the state or federal19
874	870		government, or to FHA-approved mortgagees, or to stockholders,20
875	871		directors, or officers thereof;21
876	872		(d) Exercise any privilege associated with holding a controlling22
877	873		beneficial ownership, passive beneficial ownership, or indirect financial23
878	874		interest in a license that was not disclosed in accordance with section24
879	875		44-10-309. or25
880	876		(e) Engage in transfer of ownership without prior approval as26
881	877		required by this article 10, including but not limited to:27
882	878		1209
883	879		-27- (I) A proposed transferee operating a medical marijuana business1
884	880		or retail marijuana business before a transfer of ownership request for that2
885	881		business is approved in writing by the state licensing authority; or3
886	882		(II) A current controlling beneficial owner, passive beneficial4
887	883		owner, or proposed transferor failing to retain full responsibility for a5
888	884		medical marijuana business or retail marijuana business identified in the6
889	885		transfer of ownership application until the transfer request is approved in7
890	886		writing by the state licensing authority.8
891	887		SECTION 11. In Colorado Revised Statutes, 44-10-801, amend9
892	888		(3)(a) introductory portion, (3)(a)(IV), and (3)(a)(V); and add (3)(a)(VI)10
893	889		as follows:11
894	890		44-10-801. Marijuana cash fund - transfer. (3) (a) The state12
895	891		licensing authority shall establish fees for processing the following types13
896	892		of applications, licenses, notices,
897	893		REQUESTS, or reports required to be14
898	894		submitted to the state licensing authority:15
899	895		(IV) License renewal and expired license renewal applications16
900	896		pursuant to section 44-10-314; and
901	897		17
902	898		(V) Licenses as listed in section 44-10-401;
903	899		AND18
904	900		(VI) R
905	901		EQUESTS FOR COPIES OF A LICENSE APPLICATION SUBMITTED19
906	902		BY THE APPLICANT.20
907	903		SECTION
908	904		12. In Colorado Revised Statutes, 44-10-1001, add (4)21
909	905		as follows:22
910	906		44-10-1001. Inspection procedures. (4) N
911	907		OTWITHSTANDING THE23
912	908		PROVISIONS OF THIS SECTION:24
913	909		(a) I
914	910		F A LICENSEE IS REQUIRED TO MAINTAIN BOOKS AND RECORDS25
915	911		IN THE SEED-TO-SALE INVENTORY TRACKING SYSTEM , THE LICENSEE NEED26
916	912		NOT MAINTAIN DUPLICATE COPIES OF THE BOOKS AND RECORDS ; AND27
917	913		1209
918	914		-28- (b) THE STATE LICENSING AUTHORITY MAY REQUIRE THE LICENSEE1
919	915		TO MAINTAIN ADDITIONAL RECORDS BEYOND THOSE REQUIRED BY THIS2
920	916		ARTICLE 10 OR THE RULES ADOPTED UNDER THIS ARTICLE 10 UPON A3
921	917		FINDING OF A VIOLATION BY THE LICENSEE OR BY AN AGENT OR EMPLOYEE4
922	918		OF THE LICENSEE OF THIS ARTICLE 10 OR A RULE ADOPTED UNDER THIS5
923	919		ARTICLE 10.6
924	920		Section 13. Appropriation - adjustments to 2025 long bill.7
925	921		(1) Except as provided in subsection (2) of this section, to implement this8
926	922		act, the cash fund appropriation from the marijuana cash fund created in9
927	923		section 44-10-801 (1)(a), C.R.S., made in the annual general10
928	924		appropriation act for the 2025-26 state fiscal year to the department of11
929	925		revenue for use by the marijuana enforcement division for operating12
930	926		expenses is decreased by $25,883.13
931	927		(2) Subsection (1) of this section does not require a reduction of14
932	928		an appropriation in the annual general appropriation act for the 2025-2615
933	929		state fiscal year if:16
934	930		(a) The amount of the marijuana cash fund appropriation made in17
935	931		the annual general appropriation act for the 2025-26 state fiscal year to18
936	932		the department of revenue for use by the marijuana enforcement division19
937	933		for operating expenses is less than the amount of the adjustment required20
938	934		in subsection (1) of this section; or21
939	935		(b) The annual general appropriation act for the 2025-26 state22
940	936		fiscal year does not include an appropriation to the department of revenue23
941	937		for use by the marijuana enforcement division for operating expenses.24
942	938		(3) Except as provided in subsections (4) and 5 of this section, to25
943	939		implement this act, the cash fund appropriation from the Colorado bureau26
944	940		of investigation identification unit fund created in section 24-33.5-426,27
945	941		1209
946	942		-29- C.R.S., made in the annual general appropriation act for the 2025-26 state1
947	943		fiscal year to the department of public safety for use by the biometric2
948	944		identification and records unit is decreased as follows:3
949	945		(a) $156,447 for personal services, and the related FTE is4
950	946		decreased by 1.5 FTE; and5
951	947		(b) $95,887 for operating expenses related to the biometric6
952	948		identification and records unit.7
953	949		(4) Subsection (3)(a) of this section does not require a reduction8
954	950		of an appropriation in the annual general appropriation act for the9
955	951		2025-26 state fiscal year if:10
956	952		(a) The amount of the Colorado bureau of investigation11
957	953		identification unit fund appropriation made in the annual general12
958	954		appropriation act for the 2025-26 state fiscal year to the department of13
959	955		public safety for use by the biometric identification and records unit for14
960	956		personal services is less than the amount of the adjustment required in15
961	957		subsection (3)(a) of this section; or16
962	958		(b) The annual general appropriation act for the 2025-26 state17
963	959		fiscal year does not include an appropriation to the department of public18
964	960		safety for use by the biometric identification and records unit for personal19
965	961		services.20
966	962		(5) Subsection (3)(b) of this section does not require a reduction21
967	963		of an appropriation in the annual general appropriation act for the22
968	964		2025-26 state fiscal year if:23
969	965		(a) The amount from the Colorado bureau of investigation24
970	966		identification unit fund appropriation made in the annual general25
971	967		appropriation act for the 2025-26 state fiscal year to the department of26
972	968		public safety for use by the biometric identification and records unit for27
973	969		1209
974	970		-30- operating expenses is less than the amount of the adjustment required in1
975	971		subsection (3)(b) of this section; or2
976	972		(b) The annual general appropriation act for the 2025-26 state3
977	973		fiscal year does not include an appropriation to the department of public4
978	974		safety for use by the biometric identification and records unit for5
979	975		operating expenses.6
980	976		SECTION 14. Act subject to petition - effective date -7
981	977		applicability. (1) This act takes effect January 5, 2026; except that, if a8
982	978		referendum petition is filed pursuant to section 1 (3) of article V of the9
983	979		state constitution against this act or an item, section, or part of this act10
984	980		within the ninety-day period after final adjournment of the general11
985	981		assembly, then the act, item, section, or part will not take effect unless12
986	982		approved by the people at the general election to be held in November13
987	983		2026 and, in such case, will take effect on the date of the official14
988	984		declaration of the vote thereon by the governor.15
989	985		(2) Section 16 of this act takes effect only if the annual general16
990	986		appropriation act for the 2025-26 state fiscal year becomes law, in which17
991	987		case section 16 takes effect upon the effective date of this act or of the18
992	988		annual general appropriation act for state fiscal year 2025-26, whichever19
993	989		is later. 20
994	990		(3) This act applies to conduct occurring on or after the applicable21
995	991		effective date of this act.22
996	992		1209
997	993		-31-