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Colorado Senate Bill SB076

Colorado 2025 Regular Session

Colorado Senate Bill SB076 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0272.02 Jery Payne x2157
88 SENATE BILL 25-076
99 Senate Committees House Committees
1010 Business, Labor, & Technology
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING BUSINESSES , AND, IN CONNECTION THEREWITH ,101
1414 REQUIRING CERTAIN REGULATO RY AGENCIES TO PRIORITIZE102
1515 THE PUBLIC HEALTH; ADDING LABELING REQUIREMENTS FOR103
1616 MARIJUANA AND NATURAL MEDICINE ; REQUIRING THE104
1717 MARIJUANA ENFORCEMENT DIVISI ON TO SEEK THE ASSISTANCE105
1818 OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT106
1919 WHEN ADOPTING CERTAIN RULES ; SETTING LIMITS ON THE107
2020 SERVING SIZE AND PACKAGING SIZE OF INHALED MARIJUANA ;108
2121 LIMITING THE MARIJUANA PRO DUCTS THAT CAN BE SOLD TO AN109
2222 INDIVIDUAL WHO IS TWENTY -FIVE YEARS OF AGE OR YOUNGER ;110
2323 REQUIRING RULES TO SET LABELING REQUIREMENTS FOR111
2424 NATURAL MEDICINE; REQUIRING RULES TO SET STANDARDS FOR112
2525 COLLECTING AND REPORTING DATA ABOUT ADVERSE MEDICAL113
2626 SENATE SPONSORSHIP
2727 Amabile and Pelton B.,
2828 HOUSE SPONSORSHIP
2929 Brown,
3030 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3131 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3232 Dashes through the words or numbers indicate deletions from existing law. OR BEHAVIORAL REACTIONS TO NATURAL MEDICINE ;101
3333 ESTABLISHING CERTAIN PR OHIBITIONS ON HOW NATURAL102
3434 MEDICINE CAN BE MANUFACTURED , DISTRIBUTED, OR103
3535 TRANSFERRED; AND EXPANDING THE SOCIAL EQUITY PROGRAM .104
3636 Bill Summary
3737 (Note: This summary applies to this bill as introduced and does
3838 not reflect any amendments that may be subsequently adopted. If this bill
3939 passes third reading in the house of introduction, a bill summary that
4040 applies to the reengrossed version of this bill will be available at
4141 http://leg.colorado.gov
4242 .)
4343 The bill requires the marijuana enforcement division, the natural
4444 medicine division, and the department of public health and environment
4545 (department), when regulating marijuana and marijuana products and
4646 hemp and hemp products and psilocybin, psilocin, and possibly
4747 dimethyltryptamine, ibogaine, and mescaline (natural medicine), to
4848 prioritize the public health over private interests in exercising regulatory
4949 authority and develop measures designed to prevent these agencies or an
5050 agent or employee of these agencies from becoming unduly influenced by
5151 licensees or registrants.
5252 Current law requires the marijuana enforcement division to adopt
5353 rules governing labeling of regulated marijuana and regulated marijuana
5454 products. The bill requires the labeling of regulated marijuana and
5555 regulated marijuana products to include the amount of total THC per
5656 package and a solid color strip on the face of the packaging that indicates
5757 THC potency of marijuana or a marijuana product by showing the
5858 corresponding color as follows:
5959 ! If the THC potency is less than 5%, the color strip is blue;
6060 ! If the THC potency is at least 5% but less than 15%, the
6161 color strip is yellow;
6262 ! If the THC potency is at least 15% but less than 50%, the
6363 color strip is orange; or
6464 ! If the THC potency is at least 50%, the color strip is red.
6565 A marijuana store must post, at all times and at every point of sale, a sign
6666 that explains the meaning of the color strips.
6767 Inhaled marijuana is required to have the following labeling:
6868 ! The amount of THC per serving;
6969 ! The amount of THC per package;
7070 ! The number of servings per package; and
7171 ! Directions for consumption of a serving.
7272 Current law authorizes the marijuana enforcement division to seek
7373 SB25-076-2- the assistance of the department when adopting certain rules. The bill
7474 requires the marijuana enforcement division to seek this assistance.
7575 Current law limits the standard serving size of edible marijuana
7676 products to 10 milligrams. The bill adds inhaled marijuana and requires
7777 that its serving size is limited to 10 milligrams and the package weight to
7878 500 milligrams.
7979 The bill forbids a retail marijuana store, a retail marijuana
8080 transporter, a marijuana hospitality business, a retail marijuana
8181 accelerator store, and a retail marijuana hospitality and sales business
8282 from selling, distributing, permitting the sale of, or offering to sell or
8383 distribute the following to an individual who is 25 years of age or
8484 younger:
8585 ! Retail marijuana that has a THC potency that is higher than
8686 10%; or
8787 ! Inhaled retail marijuana that contains an added flavor
8888 ingredient.
8989 The natural medicine division is required to adopt rules that
9090 include:
9191 ! Requirements that labeling of natural medicine or a natural
9292 medicine product includes a universal symbol indicating
9393 the package contains natural medicine; and
9494 ! Requirements and standards for collecting and reporting
9595 data about adverse medical or behavioral reactions to
9696 natural medicine or natural medicine products.
9797 A natural medicine license holder is prohibited from
9898 manufacturing, distributing, or transferring natural medicine or a natural
9999 medicine product that:
100100 ! Is a candy product, gummy, chocolate, or other confection;
101101 ! Contains a concentrated form of a natural medicine or
102102 natural medicine product;
103103 ! Is consumed by or administered by a means other than oral
104104 ingestion; or
105105 ! Contains an added flavor or sweetener.
106106 Current law creates a social equity program that gives loans,
107107 grants, and technical assistance to disadvantaged persons by helping an
108108 approved applicant to obtain a marijuana license and start a marijuana
109109 business. The funding comes from the marijuana tax cash fund. The bill
110110 expands this program to include a person who wants to start any type of
111111 business.
112112 Be it enacted by the General Assembly of the State of Colorado:1
113113 SECTION 1. In Colorado Revised Statutes, 44-10-103, add2
114114 SB25-076-3- (13.5), (13.6), (21.5), (21.6), (55.5), (70), and (71) as follows:1
115115 44-10-103. Definitions - rules. As used in this article 10, unless2
116116 the context otherwise requires:3
117117 (13.5) "E
118118 DIBLE REGULATED MARIJUANA PRODUCT " MEANS4
119119 REGULATED MARIJUANA THAT IS INTENDED FOR ORAL CONSUMPTION AND5
120120 IS:6
121121 (a) F
122122 OOD OR DRINK INFUSED WITH REGULATED MARIJUANA ;7
123123 (b) R
124124 EGULATED MARIJUANA CONCENTRATE THAT IS INTENDED TO8
125125 BE CONSUMED ORALLY;9
126126 (c) I
127127 N PILL OR CAPSULE FORM; OR10
128128 (d) A
129129 TINCTURE.11
130130 (13.6) "E
131131 DIBLE RETAIL MARIJUANA PRODUCT " MEANS RETAIL12
132132 MARIJUANA THAT IS INTENDED FOR ORAL CONSUMPTION AND IS :13
133133 (a) F
134134 OOD OR DRINK INFUSED WITH RETAIL MARIJUANA ;14
135135 (b) R
136136 ETAIL MARIJUANA CONCENTRATE THAT IS INTENDED TO BE15
137137 CONSUMED ORALLY;16
138138 (c) I
139139 N PILL OR CAPSULE FORM; OR17
140140 (d) A
141141 TINCTURE.18
142142 (21.5) "I
143143 NHALED REGULATED MARIJUANA " MEANS REGULATED19
144144 MARIJUANA THAT HAS AN INTENDED USE AS AN INHALED PRODUCT AND IS :20
145145 (a) A
146146 FLOWER, SHAKE, OR TRIM;21
147147 (b) P
148148 REROLLED MARIJUANA OR INFUSED PREROLLED MARIJUANA ;22
149149 (c) S
150150 OLVENT-BASED REGULATED MARIJUANA CONCENTRATE ;23
151151 (d) P
152152 HYSICAL-SEPARATION-BASED REGULATED MARIJUANA24
153153 CONCENTRATE;25
154154 (e) H
155155 EAT- OR PRESSURE-BASED REGULATED MARIJUANA26
156156 CONCENTRATE;27
157157 SB25-076
158158 -4- (f) DELIVERED BY A VAPORIZER DEVICE; OR1
159159 (g) D
160160 ELIVERED BY A PRESSURIZED METERED -DOSE INHALER.2
161161 (21.6) "I
162162 NHALED RETAIL MARIJUANA" MEANS RETAIL MARIJUANA3
163163 THAT HAS AN INTENDED USE AS AN INHALED PRODUCT , INCLUDING:4
164164 (a) A
165165 FLOWER, SHAKE, OR TRIM;5
166166 (b) P
167167 REROLLED MARIJUANA OR INFUSED PREROLLED MARIJUANA ;6
168168 (c) S
169169 OLVENT-BASED RETAIL MARIJUANA CONCENTRATE ;7
170170 (d) P
171171 HYSICAL-SEPARATION-BASED RETAIL MARIJUANA8
172172 CONCENTRATE;9
173173 (e) H
174174 EAT- OR PRESSURE-BASED RETAIL MARIJUANA CONCENTRATE ;10
175175 (f) D
176176 ELIVERED BY A VAPORIZER DEVICE; OR11
177177 (g) D
178178 ELIVERED BY A PRESSURIZED METERED -DOSE INHALER.12
179179 (55.5) "R
180180 EGULATED MARIJUANA STORE " MEANS A MEDICAL13
181181 MARIJUANA STORE, A RETAIL MARIJUANA STORE, OR AN ACCELERATOR14
182182 STORE.15
183183 (70) "THC
184184 POTENCY" MEANS:16
185185 (a) F
186186 OR REGULATED MARIJUANA , REGULATED MARIJUANA17
187187 CONCENTRATE, AND INHALED REGULATED MARIJUANA , NOT INCLUDING18
188188 EDIBLE REGULATED MARIJUANA PRODUCTS , THE LEVEL OF19
189189 CONCENTRATION OF TOTAL THC BY PERCENTAGE WITHIN THE REGULATED20
190190 MARIJUANA, REGULATED MARIJUANA CONCENTRATE , OR INHALED21
191191 REGULATED MARIJUANA ; OR22
192192 (b) F
193193 OR EDIBLE REGULATED MARIJUANA PRODUCTS , THE TOTAL23
194194 NUMBER OF MILLIGRAMS OF TOTAL THC CONTAINED WITHIN A SINGLE24
195195 EDIBLE REGULATED MARIJUANA PRODUCT UNIT FOR SALE .25
196196 (71) "T
197197 OTAL THC" MEANS THE SUM OF THE WEIGHT IN26
198198 MILLIGRAMS OF EACH INTOXICATING CANNABINOID DESCRIBED IN SECTION27
199199 SB25-076
200200 -5- 44-10-209 (3)(d)(I) AND TETRAHYDROC ANNABINOLIC ACID .1
201201 SECTION 2. In Colorado Revised Statutes, 44-10-202, amend2
202202 (1)(f) and (1)(g); and add (1)(i) as follows:3
203203 44-10-202. Powers and duties of state licensing authority -4
204204 stakeholder work group - rules - report - legislative declaration.5
205205 (1) Powers and duties. The state licensing authority shall:6
206206 (f) Prepare and transmit annually, in the form and manner7
207207 prescribed by the heads of the principal departments pursuant to section8
208208 24-1-136, a report accounting to the governor for the efficient discharge9
209209 of all responsibilities assigned by law or directive to the state licensing10
210210 authority; and11
211211 (g) Collect and maintain data related to licensing disqualifications12
212212 and all sanctions based on past criminal history pursuant to the13
213213 requirements in section 24-34-104 (6)(b)(IX) 24-34-104 (6)(b)(XIII); AND14
214214 (i) (I) P
215215 RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN15
216216 EXERCISING THE AUTHORITY GRANTED IN THIS ARTICLE 10; AND16
217217 (II) D
218218 EVELOP MEASURES DESIGNED TO PREVENT THE STATE17
219219 LICENSING AUTHORITY OR AN AGENT OR EMPLOYEE OF THE STATE18
220220 LICENSING AUTHORITY FROM BECOMING UNDULY INFLUENCED BY19
221221 LICENSEES.20
222222 SECTION 3. In Colorado Revised Statutes, 44-10-203, amend21
223223 (2) introductory portion, (2)(f)(II), (2)(f)(III), (2)(f)(IV), (3) introductory22
224224 portion, and (3)(d); and add (2)(f)(V), (2)(f.1), and (2)(f.2) as follows:23
225225 44-10-203. State licensing authority - rules. (2) Mandatory24
226226 rule-making. Rules promulgated
227227 ADOPTED pursuant to section 44-10-20225
228228 (1)(c) must include the following subjects:26
229229 (f) Labeling requirements for regulated marijuana and regulated27
230230 SB25-076
231231 -6- marijuana products sold by a medical marijuana business or retail1
232232 marijuana business that are at least as stringent as those imposed by2
233233 section 25-4-1614 (3)(a) and include but are not limited to:3
234234 (II) T
235235 HE amount of TOTAL THC per serving, and
236236 THE AMOUNT OF4
237237 TOTAL THC PER PACKAGE, the number of servings per package, for5
238238 regulated marijuana products AND THE THC POTENCY;6
239239 (III) A universal symbol indicating that the package contains7
240240 marijuana; and8
241241 (IV) Potency of the regulated marijuana and regulated marijuana9
242242 products;
243243 AND10
244244 (V) A
245245 SOLID COLOR STRIP THAT IS VISIBLE ON THE FACE OF THE11
246246 PACKAGING AND IS AT LEAST ONE-HALF INCH WIDE AND ONE INCH LONG .12
247247 T
248248 HE COLOR STRIP MUST SHOW THE THC POTENCY OF THE REGULATED13
249249 MARIJUANA OR REGULATED MARIJUANA PR ODUCT AND INDICATE THE THC14
250250 POTENCY RANGE BY SHOWING THE CORRESPONDING COLOR AS FOLLOWS :15
251251 (A) I
252252 F THE THC POTENCY OF THE REGULATED MARIJUANA OR16
253253 REGULATED MARIJUANA PR ODUCT IS LESS THAN FIVE PERCENT , THE COLOR17
254254 STRIP IS BLUE;18
255255 (B) I
256256 F THE THC POTENCY OF THE REGULATED MARIJUANA OR19
257257 REGULATED MARIJUANA PRODUCT IS AT LEAST FIVE PERCENT BUT LESS20
258258 THAN FIFTEEN PERCENT, THE COLOR STRIP IS YELLOW;21
259259 (C) I
260260 F THE THC POTENCY OF THE REGULATED MARIJUANA OR22
261261 REGULATED MARIJUANA PRODUCT IS AT LEAST FIFTEEN PERCENT BUT LESS23
262262 THAN FIFTY PERCENT, THE COLOR STRIP IS ORANGE; OR24
263263 (D) I
264264 F THE THC POTENCY OF THE REGULATED MARIJUANA OR25
265265 REGULATED MARIJUANA PRODUCT IS AT LEAST FIFTY PERCENT , THE COLOR26
266266 STRIP IS RED;27
267267 SB25-076
268268 -7- (f.1) A REQUIREMENT THAT A REGULATED MARIJUANA STORE1
269269 POST, AT ALL TIMES AND IN A PROMINENT PLACE AT EVERY POINT OF SALE,2
270270 A SIGN THAT EXPLAINS THE MEANING OF THE COLOR STRIPS DESCRIBED IN3
271271 SUBSECTION (2)(f)(V) OF THIS SECTION;4
272272 (f.2) A
273273 DDITIONAL LABELING REQUIREMENTS FOR INHALED RETAIL5
274274 MARIJUANA THAT INCLUDE:6
275275 (I) T
276276 HE AMOUNT OF TOTAL THC PER SERVING;7
277277 (II) T
278278 HE AMOUNT OF TOTAL THC PER PACKAGE;8
279279 (III) T
280280 HE NUMBER OF SERVINGS PER PACKAGE, WITH EACH SERVING9
281281 CONTAINING NO MORE THAN TEN MILLIGRAMS OF TOTAL THC AS10
282282 REQUIRED IN SUBSECTION (3)(d) OF THIS SECTION;11
283283 (IV) T
284284 HE THC POTENCY; AND12
285285 (V) D
286286 IRECTIONS FOR CONSUMPTION OF A SERVING , SO THAT A13
287287 CONSUMER DOES NOT UNKNOWINGLY INGEST MORE THAN TEN MILLIGRAMS14
288288 OF TOTAL THC PER SERVING;15
289289 (3) In promulgating
290290 ADOPTING rules pursuant to this section, the16
291291 state licensing authority may SHALL seek the assistance of the department17
292292 of public health and environment when necessary before promulgating18
293293 ADOPTING rules on the following subjects:19
294294 (d) A standardized marijuana serving size amount for edible retail20
295295 marijuana products
296296 AND INHALED RETAIL MARIJUANA that does not21
297297 contain more than ten milligrams of active THC, designed only to provide
298298 22
299299 consumers with information about the total number of servings of active23
300300 THC in a particular retail marijuana product, not as a limitation on the24
301301 total amount of THC in any particular item; TOTAL THC, labeling25
302302 requirements regarding servings for edible retail marijuana products
303303 AND26
304304 INHALED RETAIL MARIJUANA , and limitations on PACKAGING AS FOLLOWS:27
305305 SB25-076
306306 -8- (I) FOR EDIBLE RETAIL MARIJUANA PRODUCTS , the total amount of1
307307 active THC in a sealed internal package that THC is no more than one2
308308 hundred milligrams of active THC TOTAL THC IN A SEALED INTERNAL3
309309 PACKAGE; AND4
310310 (II) F
311311 OR INHALED RETAIL MARIJUANA , THE NET WEIGHT, NOT5
312312 INCLUDING PACKAGING, OF THE INHALED RETAIL MARIJUANA IS NO MORE6
313313 THAN FIVE HUNDRED MILLIGRAMS .7
314314 SECTION 4. In Colorado Revised Statutes, 44-10-601, add (18)8
315315 as follows:9
316316 44-10-601. Retail marijuana store license - rules - definitions.10
317317 (18) A
318318 RETAIL MARIJUANA STORE OR RETAIL MARIJUANA ACCELERATOR11
319319 STORE SHALL NOT SELL, DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO12
320320 SELL OR DISTRIBUTE THE FOLLOWING TO AN INDIVIDUAL WHO IS13
321321 TWENTY-FIVE YEARS OF AGE OR YOUNGER:14
322322 (a) R
323323 ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER15
324324 THAN TEN PERCENT; OR16
325325 (b) I
326326 NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED17
327327 FLAVOR INGREDIENT, INCLUDING TERPENES.18
328328 SECTION 5. In Colorado Revised Statutes, 44-10-605, add (6)19
329329 as follows:20
330330 44-10-605. Retail marijuana transporter license - definition.21
331331 (6) A
332332 RETAIL MARIJUANA TRANSPORTER LICENSEE SHALL NOT SELL ,22
333333 DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO SELL OR DISTRIBUTE THE23
334334 FOLLOWING TO AN INDIVIDUAL WHO IS TWENTY -FIVE YEARS OF AGE OR24
335335 YOUNGER:25
336336 (a) R
337337 ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER26
338338 THAN TEN PERCENT; OR27
339339 SB25-076
340340 -9- (b) INHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED1
341341 FLAVOR INGREDIENT, INCLUDING TERPENES.2
342342 SECTION 6. In Colorado Revised Statutes, 44-10-609, add (5)3
343343 as follows:4
344344 44-10-609. Marijuana hospitality business license. (5) A5
345345 MARIJUANA HOSPITALITY BUSINESS SHALL NOT SELL , DISTRIBUTE, PERMIT6
346346 THE SALE OF, OR OFFER TO SELL OR DISTRIBUTE THE FOLLOWING TO AN7
347347 INDIVIDUAL WHO IS TWENTY-FIVE YEARS OF AGE OR YOUNGER:8
348348 (a) R
349349 ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER9
350350 THAN TEN PERCENT; OR10
351351 (b) I
352352 NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED11
353353 FLAVOR INGREDIENT, INCLUDING TERPENES.12
354354 SECTION 7. In Colorado Revised Statutes, 44-10-610, add (6)13
355355 as follows:14
356356 44-10-610. Retail marijuana hospitality and sales business15
357357 license. (6) A
358358 RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS16
359359 SHALL NOT SELL, DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO SELL OR17
360360 DISTRIBUTE THE FOLLOWING TO AN INDIVIDUAL WHO IS TWENTY -FIVE18
361361 YEARS OF AGE OR YOUNGER:19
362362 (a) R
363363 ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER20
364364 THAN TEN PERCENT; OR21
365365 (b) I
366366 NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED22
367367 FLAVOR INGREDIENT, INCLUDING TERPENES.23
368368 SECTION 8. In Colorado Revised Statutes, 44-50-202, amend24
369369 (1)(h); and add (1)(i) as follows:25
370370 44-50-202. Powers and duties of state licensing authority -26
371371 report - rules. (1) The state licensing authority shall:27
372372 SB25-076
373373 -10- (h) Develop and promote accurate public education campaigns1
374374 related to the use of natural medicine or natural medicine product,2
375375 including public service announcements, educational materials, and3
376376 appropriate crisis response materials, and develop and promote training4
377377 materials for first responders and multiresponders, including law5
378378 enforcement, emergency medical providers, social services providers, and6
379379 fire fighters;
380380 AND7
381381 (i) (I) P
382382 RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN8
383383 EXERCISING AUTHORITY OVER NATURAL MEDICINE ; AND9
384384 (II) D
385385 EVELOP MEASURES DESIGNED TO PREVENT THE STATE10
386386 LICENSING AUTHORITY OR AN AGENT OR EMPLOYEE OF THE STATE11
387387 LICENSING AUTHORITY FROM BECOMING UNDULY INFLUENCED BY12
388388 LICENSEES.13
389389 SECTION 9. In Colorado Revised Statutes, 44-50-203, amend14
390390 (1) introductory portion; and add (1)(o) and (1)(p) as follows:15
391391 44-50-203. State licensing authority - rules. (1) Mandatory16
392392 rule-making. Rules promulgated
393393 ADOPTED pursuant to section 44-50-20217
394394 (1)(b) must include the following subjects:18
395395 (o) R
396396 EQUIREMENTS THAT LABELING FOR NATURAL MEDICINE OR19
397397 NATURAL MEDICINE PRODUCTS INCLUDES A UNIVERSAL SYMBOL20
398398 INDICATING THE PACKAGE CONTAINS NATURAL MEDICINE ; AND21
399399 (p) R
400400 EQUIREMENTS AND STANDARDS FOR COLLECTING AND22
401401 REPORTING DATA TO THE STATE LICENSING AUTHORITY ABOUT ADVERSE23
402402 MEDICAL OR BEHAVIORAL REACTIONS TO NATURAL MEDICINE OR NATURAL24
403403 MEDICINE PRODUCTS.25
404404 SECTION 10. In Colorado Revised Statutes, 44-50-501, add (2)26
405405 as follows:27
406406 SB25-076
407407 -11- 44-50-501. Unlawful acts. (2) A LICENSEE SHALL NOT1
408408 MANUFACTURE, DISTRIBUTE, OR TRANSFER NATURAL MEDICINE OR A2
409409 NATURAL MEDICINE PRODUCT THAT :3
410410 (a) I
411411 S A CANDY PRODUCT , GUMMY, CHOCOLATE, OR OTHER4
412412 CONFECTION;5
413413 (b) C
414414 ONTAINS A CONCENTRATED FORM OF A NATURAL MEDICINE6
415415 OR NATURAL MEDICINE PRODUCT ;7
416416 (c) I
417417 S CONSUMED BY OR ADMINISTERED BY A MEANS OTHER THAN8
418418 ORAL INGESTION; OR9
419419 (d) C
420420 ONTAINS AN ADDED FLAVOR OR SWEETENER .10
421421 SECTION 11. In Colorado Revised Statutes, 25-5-427, add (11)11
422422 as follows:12
423423 25-5-427. Classes of hemp-derived compounds and13
424424 cannabinoids - definitions - registration required - prohibitions - safe14
425425 harbor - rules - repeal. (11) Public interest and indue influence. T
426426 HE15
427427 DEPARTMENT SHALL:16
428428 (a) P
429429 RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN17
430430 EXERCISING AUTHORITY OVER HEMP PRODUCTS ; AND18
431431 (b) D
432432 EVELOP MEASURES DESIGNED TO PREVENT THE DEPARTMENT19
433433 OR AN AGENT OR EMPLOYEE OF THE DEPARTMENT FROM BECOMING20
434434 UNDULY INFLUENCED BY REGISTRANTS .21
435435 SECTION 12. In Colorado Revised Statutes, 24-48.5-128,22
436436 amend (1)(a) introductory portion, (2)(c), (3)(a), (3)(b)(I), (3)(c)(I), and23
437437 (4) as follows:24
438438 24-48.5-128. Program - entrepreneurs - social equity designees25
439439 - report - entrepreneur fund - creation - legislative declaration -26
440440 definitions. (1) Legislative declaration. (a) The general assembly finds27
441441 SB25-076
442442 -12- that, WITH RESPECT TO THE MARIJUANA INDUSTRY :1
443443 (2) Definitions. As used in this section, unless the context2
444444 otherwise requires:3
445445 (c) "Social equity licensee" has the same meaning as set forth in4
446446 section 44-10-103 (68.5) DESIGNEE" MEANS EITHER:5
447447 (I) A
448448 SOCIAL EQUITY LICENSEE AS DEFINED IN SECTION 44-10-1036
449449 (68.5)
450450 FOR THE PURPOSES OF ARTICLE 10 OF TITLE 44; OR7
451451 (II) A
452452 N INDIVIDUAL WHO IS A COLORADO RESIDENT AND WHO HAS8
453453 DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :9
454454 (A) T
455455 HE INDIVIDUAL HAS RESIDED FOR AT LEAST FIFTEEN YEARS10
456456 IN A CENSUS TRACT DESIGNATED BY THE OFFICE AS AN OPPORTUNITY ZONE11
457457 OR DESIGNATED AS A DISPROPORTIONATE IMPACTED AREA , AS DEFINED BY12
458458 RULE PURSUANT TO SECTION 44-10-203 (1)(j); OR13
459459 (B) T
460460 HE INDIVIDUAL'S HOUSEHOLD INCOME IN THE YEAR PRIOR TO14
461461 APPLICATION DID NOT EXCEED FIFTY PERCENT OF THE STATE MEDIAN15
462462 INCOME, AS MEASURED BY THE NUMBER OF PEOPLE WHO RESIDE IN THE16
463463 INDIVIDUAL'S HOUSEHOLD.17
464464 (3) Loans, grants, and technical assistance. (a) There is created18
465465 within the office a program to support entrepreneurs in the marijuana
466466 19
467467 industry WHO ARE SOCIAL EQUITY DESIGNEES . The office shall use the20
468468 money specified in subsection (4) of this section for the following21
469469 purposes, including any related administrative expenses:22
470470 (I) Loans to social equity licensees DESIGNEES for seed capital and23
471471 ongoing business expenses, which include but are not limited to rent,24
472472 leases, local and state application and licensing fees, regulatory25
473473 adherence, testing of marijuana, equipment, capital improvements, and26
474474 training and retention of a qualified and diverse workforce;27
475475 SB25-076
476476 -13- (II) Grants to:1
477477 (A) Social equity licensees DESIGNEES to support innovation and2
478478 job creation; and3
479479 (B) Organizations that support marijuana businesses to be used to4
480480 support innovation and job creation of social equity licensees DESIGNEES;5
481481 (III) Technical assistance for marijuana business owners, which6
482482 consists of assisting with business plan development, providing7
483483 consulting services, and supporting existing public or private technical8
484484 assistance programs. In providing the technical assistance, the office or9
485485 a technical assistance program provider shall prioritize social equity10
486486 licensees DESIGNEES who have been awarded a loan or grant in11
487487 accordance with subsection (3)(a)(I) or (3)(a)(II) of this section.12
488488 (b) (I) The office shall establish a process for social equity13
489489 licensees DESIGNEES and organizations to apply for a loan or grant under14
490490 the program, including application deadlines, the information and15
491491 documentation required to be submitted to the office to demonstrate16
492492 eligibility for a loan or a grant, and any other requirements determined by17
493493 the director
494494 OF THE OFFICE to be necessary.18
495495 (c) The office, in consultation with other relevant state agencies,19
496496 industry experts, and other stakeholders, shall establish policies setting20
497497 forth the parameters and eligibility for the program, including:21
498498 (I) The terms of and eligibility for a loan or grant, in addition to22
499499 qualifying as a social equity licensee
500500 DESIGNEE;23
501501 (4) Funding. (a) The marijuana entrepreneur fund is hereby24
502502 created in the state treasury. The fund consists of money transferred or25
503503 appropriated to the fund in accordance with subsection (4)(b) of this26
504504 section. The state treasurer shall credit all interest and income derived27
505505 SB25-076
506506 -14- from the deposit and investment of money in the marijuana entrepreneur1
507507 fund to the fund. Money in the fund is continuously appropriated to the2
508508 office for the office to use for the program as set forth in this section.3
509509 (b) On March 21, 2021, the state treasurer shall transfer four4
510510 million dollars from the marijuana tax cash fund created in section5
511511 39-28.8-501 (1) to the marijuana entrepreneur fund created in subsection6
512512 (4)(a) of this section. For fiscal years commencing on or after July 1,7
513513 2022, The general assembly may appropriate money from the marijuana8
514514 tax cash fund to the marijuana entrepreneur fund.9
515515 SECTION 13. In Colorado Revised Statutes, 39-28.8-501,10
516516 amend (2)(b)(IV)(S) as follows:11
517517 39-28.8-501. Marijuana tax cash fund - creation - distribution12
518518 - legislative declaration - repeal. (2) (b) (IV) Subject to the limitation13
519519 in subsection (5) of this section, the general assembly may annually14
520520 appropriate any money in the fund for the following purposes:15
521521 (S) For the program to support entrepreneurs in the marijuana16
522522 industry created in section 24-48.5-128 (3);17
523523 SECTION 14. Act subject to petition - effective date -18
524524 applicability. (1) This act takes effect at 12:01 a.m. on the day following19
525525 the expiration of the ninety-day period after final adjournment of the20
526526 general assembly; except that, if a referendum petition is filed pursuant21
527527 to section 1 (3) of article V of the state constitution against this act or an22
528528 item, section, or part of this act within such period, then the act, item,23
529529 section, or part will not take effect unless approved by the people at the24
530530 general election to be held in November 2026 and, in such case, will take25
531531 effect on the date of the official declaration of the vote thereon by the26
532532 governor.27
533533 SB25-076
534534 -15- (2) This act applies to products manufactured, distributed, sold,1
535535 delivered, permitted to be sold, or offered for sale or distribution on or2
536536 after the applicable effective date of this act.3
537537 SB25-076
538538 -16-