A Bill for an Act
Page 1, Line 101Concerning measures that expand the venues wherein
Page 1, Line 102marijuana may be sold by a license holder.
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 authorizes a social equity license holder to deliver regulated marijuana to a hotel located within the city and county of Denver if the license holder has:
- A medical marijuana delivery permit;
- A medical marijuana transporter license;
- A retail marijuana delivery permit; or
- A retail marijuana transporter license.
- The hotel must be registered with the city and county of Denver to receive deliveries;
- The local jurisdiction must have authorized the delivery of marijuana in accordance with current law;
- The hotel must have authorized the delivery of marijuana to its premises;
- The social equity license holder must not deliver to premises licensed to serve alcohol; and
- The social equity license holder must comply with marijuana law.
In order for marijuana to be delivered, the following requirements must be satisfied:
The state licensing authority, in coordination with the city and county of Denver, must create a registry of hotels that have authorized the delivery of marijuana to their premises. The state licensing authority may adopt rules necessary for the secure storage and management of deliveries.
The bill authorizes special event permits for the holder of a social equity license and a marijuana hospitality business license. Other retail license holders may partner with a qualified license holder to hold a special event.
The state licensing authority or a local licensing authority may set special event permit fees in an amount that offsets the direct and indirect cost to the state or local licensing authority of implementing the bill.
The marijuana enforcement division (division) or a local licensing authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws. Public notice of the proposed permit and the procedures for protesting issuance of the permit must be posted at the proposed location for at least 10 days.
The state licensing authority or a local licensing authority is required to adopt appropriate rules, ordinances, or resolutions for applying for a special event permit and for protesting an application for a special event permit. If an applicant is denied, a hearing must be set. The application must be approved or denied within 90 days after the application is filed. The permit must specify the location and the time when it is valid. A license holder may be issued a permit for no more than 15 days a year.
If a violation occurs during a special event and the responsible license holder cannot be identified, the division may send written notice to every license holder identified on the relevant permit applications and may fine each the same dollar amount, not to exceed $25 per license holder or $200 in the aggregate. A joint fine does not apply to the revocation of a license.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, add 44-10-402 and 44-10-403 as follows:
Page 3, Line 344-10-402. Deliveries to hotels - social equity licenses -
Page 3, Line 4definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 5(a) (I) "Hotel" means a business that offers and provides to
Page 3, Line 6the general public overnight room accommodations, primarily to travelers or transient individuals.
Page 3, Line 7(II) "Hotel" includes a time share or other residential unit
Page 3, Line 8that is rented out to travelers or transient individuals primarily for thirty or fewer days per transaction.
Page 3, Line 9(b) "Hotel room" means the portion of a hotel that is used
Page 3, Line 10to provide overnight accommodation to travelers or transient individuals.
Page 3, Line 11(2) Notwithstanding sections 44-10-501 (11)(f)(VII),
Page 3, Line 1244-10-505 (5)(d)(V), 44-10-601 (13)(f)(V), and 44-10-605 (5)(d)(V), a
Page 3, Line 13licensee may deliver regulated marijuana to a hotel or hotel
Page 3, Line 14room that is located within the city and county of Denver and
Page 3, Line 15that is not used for a private residence if the licensee is
Page 3, Line 16qualified under subsection (3) of this section and so long as the license holder is in compliance with subsection (4) of this section.
Page 3, Line 17(3) To qualify to deliver regulated marijuana under subsection (2) of this section, a person must:
Page 3, Line 18(a) Hold a social equity license; and
(b) Hold the following:
Page 4, Line 1(I) A medical marijuana delivery permit;
(II) A medical marijuana transporter license;
Page 4, Line 2(III) A retail marijuana delivery permit; or
(IV) A retail marijuana transporter license.
Page 4, Line 3(4) Authorization to deliver regulated marijuana under
Page 4, Line 4subsection (2) of this section is subject to the following requirements:
Page 4, Line 5(a) The hotel must be registered with the city and county of Denver to receive deliveries;
Page 4, Line 6(b) The local jurisdiction must have authorized the
Page 4, Line 7delivery of medical marijuana or retail marijuana in
Page 4, Line 8accordance with section 44-10-104 (3), 44-10-501 (11)(k), 44-10-505 (5)(i), 44-10-601 (13)(k), or 44-10-605 (5)(i);
Page 4, Line 9(c) The hotel must have authorized the delivery of
Page 4, Line 10regulated marijuana to the hotel premises by using the registry created in subsection (5) of this section;
Page 4, Line 11(d) The delivery must not occur on premises licensed to serve alcohol under article 3 or 4 of this title 44; and
Page 4, Line 12(e) The licensee must comply with this article 10 and the rules adopted under this article 10.
Page 4, Line 13(5) The state licensing authority shall coordinate with
Page 4, Line 14the local licensing authority of the city and county of Denver to:
Page 4, Line 15(a) Create a registry of hotels that have authorized the delivery of regulated marijuana to their premises;
Page 4, Line 16(b) Establish procedures for hotels to record or remove
Page 5, Line 1their authorization to have regulated marijuana delivered to their premises; and
Page 5, Line 2(c) Make the registry available by electronic means to each licensee described in subsection (3) of this section.
Page 5, Line 3(6) The state licensing authority may adopt rules
Page 5, Line 4necessary for the secure storage and management of deliveries authorized in this section.
Page 5, Line 544-10-403. Special events - social equity licenses - rules.
Page 5, Line 6(1) The state licensing authority or local licensing authority
Page 5, Line 7may issue a special event permit for the sale of regulated marijuana to a licensee that qualifies under this section.
Page 5, Line 8(2) (a) To qualify for a special event permit, a licensee must:
Page 5, Line 9(I) Hold a social equity license; and
(II) Hold a marijuana hospitality business license.
Page 5, Line 10(b) A licensee that is authorized to sell retail marijuana
Page 5, Line 11to customers may partner with a person qualified under subsection (2)(a) of this section to hold a special event.
Page 5, Line 12(3) The state licensing authority or local licensing
Page 5, Line 13authority may set a special event permit fee in an amount that
Page 5, Line 14offsets the direct and indirect cost to the state licensing
Page 5, Line 15authority or local licensing authority of implementing this section.
Page 5, Line 16(4) (a) The state licensing authority or local licensing
Page 5, Line 17authority may deny the issuance of a special event permit upon
Page 5, Line 18the grounds that the issuance would be injurious to the public
Page 5, Line 19welfare because of the nature of the special event, its location
Page 6, Line 1within the community, or the failure of the applicant in a past
Page 6, Line 2special event to conduct the event in compliance with applicable laws.
Page 6, Line 3(b) Public notice of the proposed permit and of the
Page 6, Line 4procedures for protesting issuance of the permit must be
Page 6, Line 5conspicuously posted at the proposed location for at least ten days before approval of the permit.
Page 6, Line 6(c) The state licensing authority or local licensing
Page 6, Line 7authority shall adopt rules, ordinances, or resolutions setting
Page 6, Line 8the procedures for applying for a special event permit and for protesting the application for a special event permit.
Page 6, Line 9(d) Protest must be filed by affected persons within ten
Page 6, Line 10days after the date of the notice. The hearing must be held at
Page 6, Line 11least ten days after the initial posting of the notice, and notice
Page 6, Line 12of the hearing must be provided to the applicant and any person who has filed a protest.
Page 6, Line 13(e) The state licensing authority or local licensing
Page 6, Line 14authority shall approve or deny an application within ninety days after the application is filed.
Page 6, Line 15(5) (a) When issuing a permit, the state licensing authority
Page 6, Line 16or local licensing authority shall specify the location where
Page 6, Line 17the special event is authorized and describe the location on the
Page 6, Line 18permit. A special event permit is valid only for the location described on the permit.
Page 6, Line 19(b) When issuing a permit, the state or local licensing
Page 6, Line 20authority shall specify the dates when the special event may
Page 6, Line 21occur and list the dates on the permit. A special event permit
Page 7, Line 1authorizes the sale of regulated marijuana products only
Page 7, Line 2during the hours of 7 a.m. of the day specified on the permit and until 2 a.m. of the day immediately following.
Page 7, Line 3(c) The state licensing authority or local licensing
Page 7, Line 4authority shall not issue a special event permit to a licensee for more than fifteen days in one calendar year.
Page 7, Line 5(6) (a) The holder of a special event permit issued under
Page 7, Line 6this section is responsible for a violation of this article 10 that occurs at the special event.
Page 7, Line 7(b) Notwithstanding subsection (6)(a) of this section, if a
Page 7, Line 8violation of this article 10 occurs during a special event and the
Page 7, Line 9responsible licensee cannot be identified, the state licensing
Page 7, Line 10authority may send written notice to every licensee identified
Page 7, Line 11on the permit applications and may fine each licensee the same
Page 7, Line 12dollar amount. The fine must not exceed twenty-five dollars
Page 7, Line 13per licensee or two hundred dollars in the aggregate. A joint
Page 7, Line 14fine levied pursuant to this subsection (6)(b) does not apply to the revocation of a license.
Page 7, Line 15SECTION 2. Act subject to petition - effective date. This act
Page 7, Line 16takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 17ninety-day period after final adjournment of the general assembly; except
Page 7, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 19of the state constitution against this act or an item, section, or part of this
Page 7, Line 20act within such period, then the act, item, section, or part will not take
Page 7, Line 21effect unless approved by the people at the general election to be held in
Page 7, Line 22November 2026 and, in such case, will take effect on the date of the
Page 7, Line 23official declaration of the vote thereon by the governor.