Senate Committee of Reference Report
Committee on Finance
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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May 7, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1077 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 2, line 3, strike "(4.5) and (6.5)" and
Page 1, Line 2substitute "(4.5), (6.5) and (6.7)".
Page 1, Line 3Page 2, strike lines 16 to 18.
Page 1, Line 4Page 3, strike lines 1 through 25, and substitute "market rate" must
Page 1, Line 5include one or more rates that cover unprocessed marijuana that is
Page 1, Line 6allocated to extractions, and the initial rates for these product types must
Page 1, Line 7be lower than the rate for unprocessed marijuana that is allocated for
Page 1, Line 8direct sale to consumers. including fresh frozen indoor unprocessed
Page 1, Line 9retail marijuana and fresh frozen outdoor unprocessed retail
Page 1, Line 10marijuana. The initial rates for unprocessed marijuana that are
Page 1, Line 11allocated to extractions must be lower than the rate for
Page 1, Line 12unprocessed marijuana that is allocated for direct sale to
Page 1, Line 13consumers. The department shall adopt rules to establish the
Page 1, Line 14rates for fresh frozen indoor unprocessed retail marijuana and
Page 1, Line 15fresh frozen outdoor unprocessed retail marijuana on or before
Page 1, Line 16July 1, 2027.".
Page 1, Line 17Page 3, line 27, strike "cultivated within an indoor".
Page 1, Line 18Page 4, line 1, strike "structure using artificial lighting or".
Page 1, Line 19Page 4, strike lines 4 through 9 and substitute:
Page 1, Line 20"(6.5) "Natural weather conditions" means ambient
Page 1, Line 21temperature, precipitation, and humidity.
Page 1, Line 22(6.7) (a) "Outdoor unprocessed retail marijuana" means
Page 2, Line 1unprocessed retail marijuana that, except as provided in
Page 2, Line 2subsection (6.7)(b) of this section, was cultivated under natural
Page 2, Line 3sunlight without artificial light or light deprivation, with
Page 2, Line 4direct exposure to natural weather conditions, and not within
Page 2, Line 5an indoor facility, greenhouse, or other structure that
Page 2, Line 6prevents exposure to natural sunlight and natural weather
Page 2, Line 7conditions.
Page 2, Line 8(b) Outdoor unprocessed marijuana may be:
Page 2, Line 9(I) Cultivated using artificial light to maintain
Page 2, Line 10vegetative plants under twenty-four inches in height and to
Page 2, Line 11maintain mother plants;
Page 2, Line 12(II) Cultivated using irrigation, fertigation, or similar
Page 2, Line 13agricultural practices; and
Page 2, Line 14(III) Protected from an adverse weather event pursuant
Page 2, Line 15to a contingency plan approved by the state licensing authority
Page 2, Line 16pursuant to section 44-10-602 (14).".
Page 2, Line 17Page 4, after line 9 insert:
Page 2, Line 18"SECTION 2. In Colorado Revised Statutes, add 39-28.8-201.5
Page 2, Line 19as follows:
Page 2, Line 2039-28.8-201.5. Average market rate - unprocessed retail
Page 2, Line 21marijuana - description.
Page 2, Line 22For each average market rate category of unprocessed
Page 2, Line 23retail marijuana that the department establishes pursuant to
Page 2, Line 24section 39-28.8-101 (1.5), the department shall publish a general
Page 2, Line 25description of the methodology and data sources used to
Page 2, Line 26calculate the rate, while protecting confidential, proprietary,
Page 2, Line 27and identifying information.".
Page 2, Line 28Renumber succeeding sections accordingly.