First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0272.02 Jery Payne x2157
SENATE BILL 25-076
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING BUSINESSES , AND, IN CONNECTION THEREWITH ,101
REQUIRING CERTAIN REGULATO RY AGENCIES TO PRIORITIZE102
THE PUBLIC HEALTH; ADDING LABELING REQUIREMENTS FOR103
MARIJUANA AND NATURAL MEDICINE ; REQUIRING THE104
MARIJUANA ENFORCEMENT DIVISI ON TO SEEK THE ASSISTANCE105
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT106
WHEN ADOPTING CERTAIN RULES ; SETTING LIMITS ON THE107
SERVING SIZE AND PACKAGING SIZE OF INHALED MARIJUANA ;108
LIMITING THE MARIJUANA PRO DUCTS THAT CAN BE SOLD TO AN109
INDIVIDUAL WHO IS TWENTY -FIVE YEARS OF AGE OR YOUNGER ;110
REQUIRING RULES TO SET LABELING REQUIREMENTS FOR111
NATURAL MEDICINE; REQUIRING RULES TO SET STANDARDS FOR112
COLLECTING AND REPORTING DATA ABOUT ADVERSE MEDICAL113
SENATE SPONSORSHIP
Amabile and Pelton B.,
HOUSE SPONSORSHIP
Brown,
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. OR BEHAVIORAL REACTIONS TO NATURAL MEDICINE ;101
ESTABLISHING CERTAIN PR OHIBITIONS ON HOW NATURAL102
MEDICINE CAN BE MANUFACTURED , DISTRIBUTED, OR103
TRANSFERRED; AND EXPANDING THE SOCIAL EQUITY PROGRAM .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the marijuana enforcement division, the natural
medicine division, and the department of public health and environment
(department), when regulating marijuana and marijuana products and
hemp and hemp products and psilocybin, psilocin, and possibly
dimethyltryptamine, ibogaine, and mescaline (natural medicine), to
prioritize the public health over private interests in exercising regulatory
authority and develop measures designed to prevent these agencies or an
agent or employee of these agencies from becoming unduly influenced by
licensees or registrants.
Current law requires the marijuana enforcement division to adopt
rules governing labeling of regulated marijuana and regulated marijuana
products. The bill requires the labeling of regulated marijuana and
regulated marijuana products to include the amount of total THC per
package and a solid color strip on the face of the packaging that indicates
THC potency of marijuana or a marijuana product by showing the
corresponding color as follows:
! If the THC potency is less than 5%, the color strip is blue;
! If the THC potency is at least 5% but less than 15%, the
color strip is yellow;
! If the THC potency is at least 15% but less than 50%, the
color strip is orange; or
! If the THC potency is at least 50%, the color strip is red.
A marijuana store must post, at all times and at every point of sale, a sign
that explains the meaning of the color strips.
Inhaled marijuana is required to have the following labeling:
! The amount of THC per serving;
! The amount of THC per package;
! The number of servings per package; and
! Directions for consumption of a serving.
Current law authorizes the marijuana enforcement division to seek
SB25-076-2- the assistance of the department when adopting certain rules. The bill
requires the marijuana enforcement division to seek this assistance.
Current law limits the standard serving size of edible marijuana
products to 10 milligrams. The bill adds inhaled marijuana and requires
that its serving size is limited to 10 milligrams and the package weight to
500 milligrams.
The bill forbids a retail marijuana store, a retail marijuana
transporter, a marijuana hospitality business, a retail marijuana
accelerator store, and a retail marijuana hospitality and sales business
from selling, distributing, permitting the sale of, or offering to sell or
distribute the following to an individual who is 25 years of age or
younger:
! Retail marijuana that has a THC potency that is higher than
10%; or
! Inhaled retail marijuana that contains an added flavor
ingredient.
The natural medicine division is required to adopt rules that
include:
! Requirements that labeling of natural medicine or a natural
medicine product includes a universal symbol indicating
the package contains natural medicine; and
! Requirements and standards for collecting and reporting
data about adverse medical or behavioral reactions to
natural medicine or natural medicine products.
A natural medicine license holder is prohibited from
manufacturing, distributing, or transferring natural medicine or a natural
medicine product that:
! Is a candy product, gummy, chocolate, or other confection;
! Contains a concentrated form of a natural medicine or
natural medicine product;
! Is consumed by or administered by a means other than oral
ingestion; or
! Contains an added flavor or sweetener.
Current law creates a social equity program that gives loans,
grants, and technical assistance to disadvantaged persons by helping an
approved applicant to obtain a marijuana license and start a marijuana
business. The funding comes from the marijuana tax cash fund. The bill
expands this program to include a person who wants to start any type of
business.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-10-103, add2
SB25-076-3- (13.5), (13.6), (21.5), (21.6), (55.5), (70), and (71) as follows:1
44-10-103. Definitions - rules. As used in this article 10, unless2
the context otherwise requires:3
(13.5) "E
DIBLE REGULATED MARIJUANA PRODUCT " MEANS4
REGULATED MARIJUANA THAT IS INTENDED FOR ORAL CONSUMPTION AND5
IS:6
(a) F
OOD OR DRINK INFUSED WITH REGULATED MARIJUANA ;7
(b) R
EGULATED MARIJUANA CONCENTRATE THAT IS INTENDED TO8
BE CONSUMED ORALLY;9
(c) I
N PILL OR CAPSULE FORM; OR10
(d) A
TINCTURE.11
(13.6) "E
DIBLE RETAIL MARIJUANA PRODUCT " MEANS RETAIL12
MARIJUANA THAT IS INTENDED FOR ORAL CONSUMPTION AND IS :13
(a) F
OOD OR DRINK INFUSED WITH RETAIL MARIJUANA ;14
(b) R
ETAIL MARIJUANA CONCENTRATE THAT IS INTENDED TO BE15
CONSUMED ORALLY;16
(c) I
N PILL OR CAPSULE FORM; OR17
(d) A
TINCTURE.18
(21.5) "I
NHALED REGULATED MARIJUANA " MEANS REGULATED19
MARIJUANA THAT HAS AN INTENDED USE AS AN INHALED PRODUCT AND IS :20
(a) A
FLOWER, SHAKE, OR TRIM;21
(b) P
REROLLED MARIJUANA OR INFUSED PREROLLED MARIJUANA ;22
(c) S
OLVENT-BASED REGULATED MARIJUANA CONCENTRATE ;23
(d) P
HYSICAL-SEPARATION-BASED REGULATED MARIJUANA24
CONCENTRATE;25
(e) H
EAT- OR PRESSURE-BASED REGULATED MARIJUANA26
CONCENTRATE;27
SB25-076
-4- (f) DELIVERED BY A VAPORIZER DEVICE; OR1
(g) D
ELIVERED BY A PRESSURIZED METERED -DOSE INHALER.2
(21.6) "I
NHALED RETAIL MARIJUANA" MEANS RETAIL MARIJUANA3
THAT HAS AN INTENDED USE AS AN INHALED PRODUCT , INCLUDING:4
(a) A
FLOWER, SHAKE, OR TRIM;5
(b) P
REROLLED MARIJUANA OR INFUSED PREROLLED MARIJUANA ;6
(c) S
OLVENT-BASED RETAIL MARIJUANA CONCENTRATE ;7
(d) P
HYSICAL-SEPARATION-BASED RETAIL MARIJUANA8
CONCENTRATE;9
(e) H
EAT- OR PRESSURE-BASED RETAIL MARIJUANA CONCENTRATE ;10
(f) D
ELIVERED BY A VAPORIZER DEVICE; OR11
(g) D
ELIVERED BY A PRESSURIZED METERED -DOSE INHALER.12
(55.5) "R
EGULATED MARIJUANA STORE " MEANS A MEDICAL13
MARIJUANA STORE, A RETAIL MARIJUANA STORE, OR AN ACCELERATOR14
STORE.15
(70) "THC
POTENCY" MEANS:16
(a) F
OR REGULATED MARIJUANA , REGULATED MARIJUANA17
CONCENTRATE, AND INHALED REGULATED MARIJUANA , NOT INCLUDING18
EDIBLE REGULATED MARIJUANA PRODUCTS , THE LEVEL OF19
CONCENTRATION OF TOTAL THC BY PERCENTAGE WITHIN THE REGULATED20
MARIJUANA, REGULATED MARIJUANA CONCENTRATE , OR INHALED21
REGULATED MARIJUANA ; OR22
(b) F
OR EDIBLE REGULATED MARIJUANA PRODUCTS , THE TOTAL23
NUMBER OF MILLIGRAMS OF TOTAL THC CONTAINED WITHIN A SINGLE24
EDIBLE REGULATED MARIJUANA PRODUCT UNIT FOR SALE .25
(71) "T
OTAL THC" MEANS THE SUM OF THE WEIGHT IN26
MILLIGRAMS OF EACH INTOXICATING CANNABINOID DESCRIBED IN SECTION27
SB25-076
-5- 44-10-209 (3)(d)(I) AND TETRAHYDROC ANNABINOLIC ACID .1
SECTION 2. In Colorado Revised Statutes, 44-10-202, amend2
(1)(f) and (1)(g); and add (1)(i) as follows:3
44-10-202. Powers and duties of state licensing authority -4
stakeholder work group - rules - report - legislative declaration.5
(1) Powers and duties. The state licensing authority shall:6
(f) Prepare and transmit annually, in the form and manner7
prescribed by the heads of the principal departments pursuant to section8
24-1-136, a report accounting to the governor for the efficient discharge9
of all responsibilities assigned by law or directive to the state licensing10
authority; and11
(g) Collect and maintain data related to licensing disqualifications12
and all sanctions based on past criminal history pursuant to the13
requirements in section 24-34-104 (6)(b)(IX) 24-34-104 (6)(b)(XIII); AND14
(i) (I) P
RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN15
EXERCISING THE AUTHORITY GRANTED IN THIS ARTICLE 10; AND16
(II) D
EVELOP MEASURES DESIGNED TO PREVENT THE STATE17
LICENSING AUTHORITY OR AN AGENT OR EMPLOYEE OF THE STATE18
LICENSING AUTHORITY FROM BECOMING UNDULY INFLUENCED BY19
LICENSEES.20
SECTION 3. In Colorado Revised Statutes, 44-10-203, amend21
(2) introductory portion, (2)(f)(II), (2)(f)(III), (2)(f)(IV), (3) introductory22
portion, and (3)(d); and add (2)(f)(V), (2)(f.1), and (2)(f.2) as follows:23
44-10-203. State licensing authority - rules. (2) Mandatory24
rule-making. Rules promulgated
ADOPTED pursuant to section 44-10-20225
(1)(c) must include the following subjects:26
(f) Labeling requirements for regulated marijuana and regulated27
SB25-076
-6- marijuana products sold by a medical marijuana business or retail1
marijuana business that are at least as stringent as those imposed by2
section 25-4-1614 (3)(a) and include but are not limited to:3
(II) T
HE amount of TOTAL THC per serving, and
THE AMOUNT OF4
TOTAL THC PER PACKAGE, the number of servings per package, for5
regulated marijuana products AND THE THC POTENCY;6
(III) A universal symbol indicating that the package contains7
marijuana; and8
(IV) Potency of the regulated marijuana and regulated marijuana9
products;
AND10
(V) A
SOLID COLOR STRIP THAT IS VISIBLE ON THE FACE OF THE11
PACKAGING AND IS AT LEAST ONE-HALF INCH WIDE AND ONE INCH LONG .12
T
HE COLOR STRIP MUST SHOW THE THC POTENCY OF THE REGULATED13
MARIJUANA OR REGULATED MARIJUANA PR ODUCT AND INDICATE THE THC14
POTENCY RANGE BY SHOWING THE CORRESPONDING COLOR AS FOLLOWS :15
(A) I
F THE THC POTENCY OF THE REGULATED MARIJUANA OR16
REGULATED MARIJUANA PR ODUCT IS LESS THAN FIVE PERCENT , THE COLOR17
STRIP IS BLUE;18
(B) I
F THE THC POTENCY OF THE REGULATED MARIJUANA OR19
REGULATED MARIJUANA PRODUCT IS AT LEAST FIVE PERCENT BUT LESS20
THAN FIFTEEN PERCENT, THE COLOR STRIP IS YELLOW;21
(C) I
F THE THC POTENCY OF THE REGULATED MARIJUANA OR22
REGULATED MARIJUANA PRODUCT IS AT LEAST FIFTEEN PERCENT BUT LESS23
THAN FIFTY PERCENT, THE COLOR STRIP IS ORANGE; OR24
(D) I
F THE THC POTENCY OF THE REGULATED MARIJUANA OR25
REGULATED MARIJUANA PRODUCT IS AT LEAST FIFTY PERCENT , THE COLOR26
STRIP IS RED;27
SB25-076
-7- (f.1) A REQUIREMENT THAT A REGULATED MARIJUANA STORE1
POST, AT ALL TIMES AND IN A PROMINENT PLACE AT EVERY POINT OF SALE,2
A SIGN THAT EXPLAINS THE MEANING OF THE COLOR STRIPS DESCRIBED IN3
SUBSECTION (2)(f)(V) OF THIS SECTION;4
(f.2) A
DDITIONAL LABELING REQUIREMENTS FOR INHALED RETAIL5
MARIJUANA THAT INCLUDE:6
(I) T
HE AMOUNT OF TOTAL THC PER SERVING;7
(II) T
HE AMOUNT OF TOTAL THC PER PACKAGE;8
(III) T
HE NUMBER OF SERVINGS PER PACKAGE, WITH EACH SERVING9
CONTAINING NO MORE THAN TEN MILLIGRAMS OF TOTAL THC AS10
REQUIRED IN SUBSECTION (3)(d) OF THIS SECTION;11
(IV) T
HE THC POTENCY; AND12
(V) D
IRECTIONS FOR CONSUMPTION OF A SERVING , SO THAT A13
CONSUMER DOES NOT UNKNOWINGLY INGEST MORE THAN TEN MILLIGRAMS14
OF TOTAL THC PER SERVING;15
(3) In promulgating
ADOPTING rules pursuant to this section, the16
state licensing authority may SHALL seek the assistance of the department17
of public health and environment when necessary before promulgating18
ADOPTING rules on the following subjects:19
(d) A standardized marijuana serving size amount for edible retail20
marijuana products
AND INHALED RETAIL MARIJUANA that does not21
contain more than ten milligrams of active THC, designed only to provide
22
consumers with information about the total number of servings of active23
THC in a particular retail marijuana product, not as a limitation on the24
total amount of THC in any particular item; TOTAL THC, labeling25
requirements regarding servings for edible retail marijuana products
AND26
INHALED RETAIL MARIJUANA , and limitations on PACKAGING AS FOLLOWS:27
SB25-076
-8- (I) FOR EDIBLE RETAIL MARIJUANA PRODUCTS , the total amount of1
active THC in a sealed internal package that THC is no more than one2
hundred milligrams of active THC TOTAL THC IN A SEALED INTERNAL3
PACKAGE; AND4
(II) F
OR INHALED RETAIL MARIJUANA , THE NET WEIGHT, NOT5
INCLUDING PACKAGING, OF THE INHALED RETAIL MARIJUANA IS NO MORE6
THAN FIVE HUNDRED MILLIGRAMS .7
SECTION 4. In Colorado Revised Statutes, 44-10-601, add (18)8
as follows:9
44-10-601. Retail marijuana store license - rules - definitions.10
(18) A
RETAIL MARIJUANA STORE OR RETAIL MARIJUANA ACCELERATOR11
STORE SHALL NOT SELL, DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO12
SELL OR DISTRIBUTE THE FOLLOWING TO AN INDIVIDUAL WHO IS13
TWENTY-FIVE YEARS OF AGE OR YOUNGER:14
(a) R
ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER15
THAN TEN PERCENT; OR16
(b) I
NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED17
FLAVOR INGREDIENT, INCLUDING TERPENES.18
SECTION 5. In Colorado Revised Statutes, 44-10-605, add (6)19
as follows:20
44-10-605. Retail marijuana transporter license - definition.21
(6) A
RETAIL MARIJUANA TRANSPORTER LICENSEE SHALL NOT SELL ,22
DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO SELL OR DISTRIBUTE THE23
FOLLOWING TO AN INDIVIDUAL WHO IS TWENTY -FIVE YEARS OF AGE OR24
YOUNGER:25
(a) R
ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER26
THAN TEN PERCENT; OR27
SB25-076
-9- (b) INHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED1
FLAVOR INGREDIENT, INCLUDING TERPENES.2
SECTION 6. In Colorado Revised Statutes, 44-10-609, add (5)3
as follows:4
44-10-609. Marijuana hospitality business license. (5) A5
MARIJUANA HOSPITALITY BUSINESS SHALL NOT SELL , DISTRIBUTE, PERMIT6
THE SALE OF, OR OFFER TO SELL OR DISTRIBUTE THE FOLLOWING TO AN7
INDIVIDUAL WHO IS TWENTY-FIVE YEARS OF AGE OR YOUNGER:8
(a) R
ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER9
THAN TEN PERCENT; OR10
(b) I
NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED11
FLAVOR INGREDIENT, INCLUDING TERPENES.12
SECTION 7. In Colorado Revised Statutes, 44-10-610, add (6)13
as follows:14
44-10-610. Retail marijuana hospitality and sales business15
license. (6) A
RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS16
SHALL NOT SELL, DISTRIBUTE, PERMIT THE SALE OF, OR OFFER TO SELL OR17
DISTRIBUTE THE FOLLOWING TO AN INDIVIDUAL WHO IS TWENTY -FIVE18
YEARS OF AGE OR YOUNGER:19
(a) R
ETAIL MARIJUANA THAT HAS A THC POTENCY OF HIGHER20
THAN TEN PERCENT; OR21
(b) I
NHALED RETAIL MARIJUANA THAT CONTAINS AN ADDED22
FLAVOR INGREDIENT, INCLUDING TERPENES.23
SECTION 8. In Colorado Revised Statutes, 44-50-202, amend24
(1)(h); and add (1)(i) as follows:25
44-50-202. Powers and duties of state licensing authority -26
report - rules. (1) The state licensing authority shall:27
SB25-076
-10- (h) Develop and promote accurate public education campaigns1
related to the use of natural medicine or natural medicine product,2
including public service announcements, educational materials, and3
appropriate crisis response materials, and develop and promote training4
materials for first responders and multiresponders, including law5
enforcement, emergency medical providers, social services providers, and6
fire fighters;
AND7
(i) (I) P
RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN8
EXERCISING AUTHORITY OVER NATURAL MEDICINE ; AND9
(II) D
EVELOP MEASURES DESIGNED TO PREVENT THE STATE10
LICENSING AUTHORITY OR AN AGENT OR EMPLOYEE OF THE STATE11
LICENSING AUTHORITY FROM BECOMING UNDULY INFLUENCED BY12
LICENSEES.13
SECTION 9. In Colorado Revised Statutes, 44-50-203, amend14
(1) introductory portion; and add (1)(o) and (1)(p) as follows:15
44-50-203. State licensing authority - rules. (1) Mandatory16
rule-making. Rules promulgated
ADOPTED pursuant to section 44-50-20217
(1)(b) must include the following subjects:18
(o) R
EQUIREMENTS THAT LABELING FOR NATURAL MEDICINE OR19
NATURAL MEDICINE PRODUCTS INCLUDES A UNIVERSAL SYMBOL20
INDICATING THE PACKAGE CONTAINS NATURAL MEDICINE ; AND21
(p) R
EQUIREMENTS AND STANDARDS FOR COLLECTING AND22
REPORTING DATA TO THE STATE LICENSING AUTHORITY ABOUT ADVERSE23
MEDICAL OR BEHAVIORAL REACTIONS TO NATURAL MEDICINE OR NATURAL24
MEDICINE PRODUCTS.25
SECTION 10. In Colorado Revised Statutes, 44-50-501, add (2)26
as follows:27
SB25-076
-11- 44-50-501. Unlawful acts. (2) A LICENSEE SHALL NOT1
MANUFACTURE, DISTRIBUTE, OR TRANSFER NATURAL MEDICINE OR A2
NATURAL MEDICINE PRODUCT THAT :3
(a) I
S A CANDY PRODUCT , GUMMY, CHOCOLATE, OR OTHER4
CONFECTION;5
(b) C
ONTAINS A CONCENTRATED FORM OF A NATURAL MEDICINE6
OR NATURAL MEDICINE PRODUCT ;7
(c) I
S CONSUMED BY OR ADMINISTERED BY A MEANS OTHER THAN8
ORAL INGESTION; OR9
(d) C
ONTAINS AN ADDED FLAVOR OR SWEETENER .10
SECTION 11. In Colorado Revised Statutes, 25-5-427, add (11)11
as follows:12
25-5-427. Classes of hemp-derived compounds and13
cannabinoids - definitions - registration required - prohibitions - safe14
harbor - rules - repeal. (11) Public interest and indue influence. T
HE15
DEPARTMENT SHALL:16
(a) P
RIORITIZE THE PUBLIC HEALTH OVER PRIVATE INTERESTS IN17
EXERCISING AUTHORITY OVER HEMP PRODUCTS ; AND18
(b) D
EVELOP MEASURES DESIGNED TO PREVENT THE DEPARTMENT19
OR AN AGENT OR EMPLOYEE OF THE DEPARTMENT FROM BECOMING20
UNDULY INFLUENCED BY REGISTRANTS .21
SECTION 12. In Colorado Revised Statutes, 24-48.5-128,22
amend (1)(a) introductory portion, (2)(c), (3)(a), (3)(b)(I), (3)(c)(I), and23
(4) as follows:24
24-48.5-128. Program - entrepreneurs - social equity designees25
- report - entrepreneur fund - creation - legislative declaration -26
definitions. (1) Legislative declaration. (a) The general assembly finds27
SB25-076
-12- that, WITH RESPECT TO THE MARIJUANA INDUSTRY :1
(2) Definitions. As used in this section, unless the context2
otherwise requires:3
(c) "Social equity licensee" has the same meaning as set forth in4
section 44-10-103 (68.5) DESIGNEE" MEANS EITHER:5
(I) A
SOCIAL EQUITY LICENSEE AS DEFINED IN SECTION 44-10-1036
(68.5)
FOR THE PURPOSES OF ARTICLE 10 OF TITLE 44; OR7
(II) A
N INDIVIDUAL WHO IS A COLORADO RESIDENT AND WHO HAS8
DEMONSTRATED AT LEAST ONE OF THE FOLLOWING :9
(A) T
HE INDIVIDUAL HAS RESIDED FOR AT LEAST FIFTEEN YEARS10
IN A CENSUS TRACT DESIGNATED BY THE OFFICE AS AN OPPORTUNITY ZONE11
OR DESIGNATED AS A DISPROPORTIONATE IMPACTED AREA , AS DEFINED BY12
RULE PURSUANT TO SECTION 44-10-203 (1)(j); OR13
(B) T
HE INDIVIDUAL'S HOUSEHOLD INCOME IN THE YEAR PRIOR TO14
APPLICATION DID NOT EXCEED FIFTY PERCENT OF THE STATE MEDIAN15
INCOME, AS MEASURED BY THE NUMBER OF PEOPLE WHO RESIDE IN THE16
INDIVIDUAL'S HOUSEHOLD.17
(3) Loans, grants, and technical assistance. (a) There is created18
within the office a program to support entrepreneurs in the marijuana
19
industry WHO ARE SOCIAL EQUITY DESIGNEES . The office shall use the20
money specified in subsection (4) of this section for the following21
purposes, including any related administrative expenses:22
(I) Loans to social equity licensees DESIGNEES for seed capital and23
ongoing business expenses, which include but are not limited to rent,24
leases, local and state application and licensing fees, regulatory25
adherence, testing of marijuana, equipment, capital improvements, and26
training and retention of a qualified and diverse workforce;27
SB25-076
-13- (II) Grants to:1
(A) Social equity licensees DESIGNEES to support innovation and2
job creation; and3
(B) Organizations that support marijuana businesses to be used to4
support innovation and job creation of social equity licensees DESIGNEES;5
(III) Technical assistance for marijuana business owners, which6
consists of assisting with business plan development, providing7
consulting services, and supporting existing public or private technical8
assistance programs. In providing the technical assistance, the office or9
a technical assistance program provider shall prioritize social equity10
licensees DESIGNEES who have been awarded a loan or grant in11
accordance with subsection (3)(a)(I) or (3)(a)(II) of this section.12
(b) (I) The office shall establish a process for social equity13
licensees DESIGNEES and organizations to apply for a loan or grant under14
the program, including application deadlines, the information and15
documentation required to be submitted to the office to demonstrate16
eligibility for a loan or a grant, and any other requirements determined by17
the director
OF THE OFFICE to be necessary.18
(c) The office, in consultation with other relevant state agencies,19
industry experts, and other stakeholders, shall establish policies setting20
forth the parameters and eligibility for the program, including:21
(I) The terms of and eligibility for a loan or grant, in addition to22
qualifying as a social equity licensee
DESIGNEE;23
(4) Funding. (a) The marijuana entrepreneur fund is hereby24
created in the state treasury. The fund consists of money transferred or25
appropriated to the fund in accordance with subsection (4)(b) of this26
section. The state treasurer shall credit all interest and income derived27
SB25-076
-14- from the deposit and investment of money in the marijuana entrepreneur1
fund to the fund. Money in the fund is continuously appropriated to the2
office for the office to use for the program as set forth in this section.3
(b) On March 21, 2021, the state treasurer shall transfer four4
million dollars from the marijuana tax cash fund created in section5
39-28.8-501 (1) to the marijuana entrepreneur fund created in subsection6
(4)(a) of this section. For fiscal years commencing on or after July 1,7
2022, The general assembly may appropriate money from the marijuana8
tax cash fund to the marijuana entrepreneur fund.9
SECTION 13. In Colorado Revised Statutes, 39-28.8-501,10
amend (2)(b)(IV)(S) as follows:11
39-28.8-501. Marijuana tax cash fund - creation - distribution12
- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation13
in subsection (5) of this section, the general assembly may annually14
appropriate any money in the fund for the following purposes:15
(S) For the program to support entrepreneurs in the marijuana16
industry created in section 24-48.5-128 (3);17
SECTION 14. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2026 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
SB25-076
-15- (2) This act applies to products manufactured, distributed, sold,1
delivered, permitted to be sold, or offered for sale or distribution on or2
after the applicable effective date of this act.3
SB25-076
-16-