Senate Committee of Reference Report

Committee on Finance

Strikethrough:
removed from existing law
Screen Reader Only:
all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
All-caps or Bold and Italic:
added to existing law
Screen Reader Only:
all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'

April 15, 2025

After consideration on the merits, the Committee recommends the following:

HB25-1209   be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Page 1, Line 1Amend reengrossed bill, page 5, line 1, after "(1)(m)," insert "(2)(kk),".

Page 1, Line 2Page 5, lines 7 and 8, strike "but must not exceed".

Page 1, Line 3Page 6, line 14, strike "manufacture of infused".

Page 1, Line 4Page 7, line 9, strike "but cannot exceed".

Page 1, Line 5Page 7, lines 19 and 20, strike "surveillance if required by rule

Page 1, Line 6under subsection (2)(dd)(V) of this section;" and substitute

Page 1, Line 7"surveillance;".

Page 1, Line 8Page 8, after line 24 insert:

Page 1, Line 9"(kk)  R-and-D unit limits and requirement, including limits

Page 1, Line 10on the number of occupational licensees that may receive

Page 1, Line 11R-and-D units from an employer, a requirement that an

Page 1, Line 12occupational licensee be designated to receive R-and-D units in

Page 1, Line 13the seed-to-sale inventory tracking system, and limits on how

Page 1, Line 14many R-and-D units may be evaluated by an occupational

Page 1, Line 15licensee.".

Page 1, Line 16Page 9, line 17, strike "The rules must include:".

Page 1, Line 17Page 9, strike lines 18 through 21.

Page 1, Line 18Page 10, line 3, after "amend" insert "(1)(j) and".

Page 1, Line 19

Page 2, Line 1Page 10, after line 10 insert:

Page 2, Line 2"(j)  A person applying for a license for a location that is currently

Page 2, Line 3licensed as a retail food establishment, except for an application for

Page 2, Line 4a marijuana hospitality business license issued pursuant to

Page 2, Line 5section 44-10-609 or a retail marijuana hospitality and sales

Page 2, Line 6business license issued pursuant to section 44-10-610.".

Page 2, Line 7Page 11, after line 14 insert:

Page 2, Line 8"SECTION 4.  In Colorado Revised Statutes, 44-10-308, repeal

Page 2, Line 9(3)(a) as follows:

Page 2, Line 1044-10-308.  Business and owner requirements - legislative

Page 2, Line 11declaration - definition - rules. (3) (a)  All natural persons with

Page 2, Line 12day-to-day operational control over the business must be Colorado

Page 2, Line 13residents.".

Page 2, Line 14Renumber succeeding sections accordingly.

Page 2, Line 15Page 11, line 16, strike "(4)" and substitute "(3), (4), (12),".

Page 2, Line 16Page 11, line 17, strike "repeal. (4)  A medical" and substitute "repeal.

Page 2, Line 17(3)  A medical marijuana business or retail marijuana business that

Page 2, Line 18is not a publicly traded corporation shall notify the state licensing

Page 2, Line 19authority in writing within ten days after a controlling beneficial owner,

Page 2, Line 20passive beneficial owner, or manager ceases to work at, manage, own, or

Page 2, Line 21otherwise be associated with the operation. The controlling beneficial

Page 2, Line 22owner, passive beneficial owner, or manager shall surrender to the state

Page 2, Line 23licensing authority any identification card that may have been issued by

Page 2, Line 24the state licensing authority on or before the date of the notification.

Page 2, Line 25(4)  A medical".

Page 2, Line 26Page 12, strike lines 1 through 4 and substitute:

Page 2, Line 27"(12)  Each licensee shall manage the licensed premises himself or

Page 2, Line 28herself personally or employ a separate and distinct manager on the

Page 2, Line 29premises and shall report the name of the manager to the state and local

Page 2, Line 30licensing authorities. The licensee shall report any change in manager to

Page 2, Line 31the state and local licensing authorities prior to the change pursuant to

Page 2, Line 32subsection (4) of this section.".

Page 2, Line 33Page 13, strike lines 14 through 17 and substitute:

Page 2, Line 34

Page 3, Line 1"(2)  The state licensing authority may require an additional

Page 3, Line 2fingerprint request applicant for a controlling beneficial owner

Page 3, Line 3license to submit an additional fingerprint-based criminal

Page 3, Line 4history record check when there is a demonstrated investigative need.

Page 3, Line 5SECTION 7.  In Colorado Revised Statutes, 44-10-401, amend

Page 3, Line 6(3)(a), (3)(b), and (3)(d) as follows:

Page 3, Line 744-10-401.  Classes of licenses. (3) (a)  Prior to accepting a court

Page 3, Line 8appointment as a receiver, personal representative, executor,

Page 3, Line 9administrator, guardian, conservator, trustee, or any other similarly

Page 3, Line 10situated person to take possession of, operate, manage, or control a

Page 3, Line 11licensed medical marijuana business or retail marijuana business, the

Page 3, Line 12proposed appointee shall certify to the court that the proposed appointee

Page 3, Line 13is not prohibited from being issued, pursuant to section 44-10-307 (1),

Page 3, Line 14a medical marijuana license or retail marijuana license. pursuant to

Page 3, Line 15section 44-10-307 (1). Within the time frame established by rules

Page 3, Line 16promulgated adopted by the state licensing authority pursuant to section

Page 3, Line 1744-10-203 (2)(q), an appointee shall notify the state and local licensing

Page 3, Line 18authorities of the appointment and shall apply to the state licensing

Page 3, Line 19authority for a finding of suitability.

Page 3, Line 20(b)  Upon notification of an appointment required by subsection

Page 3, Line 21(3)(a) of this section, the state licensing authority shall issue a temporary

Page 3, Line 22appointee registration to the appointee effective as of the date of the

Page 3, Line 23appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and

Page 3, Line 2444-10-901, the appointee's temporary appointee registration may be

Page 3, Line 25suspended, revoked, or subject to other sanction if the state licensing

Page 3, Line 26authority finds the appointee to be unsuitable or if the appointee fails to

Page 3, Line 27comply with this article 10, the rules promulgated pursuant thereto

Page 3, Line 28adopted under this article 10, or any order of the state licensing

Page 3, Line 29authority. If an appointee's temporary appointee registration is suspended

Page 3, Line 30or revoked, the appointee shall immediately cease performing all

Page 3, Line 31activities for which a license is required by this article 10. For purposes

Page 3, Line 32of section 44-10-901 (1), the appointee is deemed an agent of the licensed

Page 3, Line 33medical marijuana business or retail marijuana business.

Page 3, Line 34(d)  Unless otherwise permitted by this article 10 and rules

Page 3, Line 35promulgated pursuant to adopted under this article 10, a person shall

Page 3, Line 36not take possession of, operate, manage, or control a medical marijuana

Page 3, Line 37business or retail marijuana business on behalf of another except by

Page 3, Line 38court appointment and in accordance with this subsection (3) and rules

Page 3, Line 39promulgated pursuant thereto adopted under this subsection (3).

Page 3, Line 40SECTION 8.  In Colorado Revised Statutes, 44-10-501, amend

Page 3, Line 41(3)(e) as follows:

Page 3, Line 4244-10-501.  Medical marijuana store license. (3) (e) (I)  A

Page 3, Line 43medical marijuana store that sells a hemp product shall ensure that the

Page 4, Line 1hemp product has passed all testing required by rules promulgated

Page 4, Line 2adopted by the state licensing authority pursuant to section 44-10-203

Page 4, Line 3(2)(d). Prior to taking possession of the hemp product, a medical

Page 4, Line 4marijuana store shall verify the hemp product passed all testing required

Page 4, Line 5for medical marijuana products at a licensed medical marijuana testing

Page 4, Line 6facility and that the person transferring the hemp product has received a

Page 4, Line 7registration from the department of public health and environment

Page 4, Line 8pursuant to section 25-5-426 25-5-427.

Page 4, Line 9(II)  Absent sampling and testing standards established by the

Page 4, Line 10department of public health and environment for the sampling and testing

Page 4, Line 11of a hemp product, a person transferring a hemp product to a medical

Page 4, Line 12marijuana store pursuant to this section shall comply with sampling and

Page 4, Line 13testing standards consistent with those established by the state licensing

Page 4, Line 14authority pursuant to this article 10. The state licensing authority shall

Page 4, Line 15report to the department of public health and environment any

Page 4, Line 16investigations or findings of violations of this section by a person

Page 4, Line 17registered pursuant to section 25-5-426 25-5-427.".

Page 4, Line 18Renumber succeeding sections accordingly.

Page 4, Line 19Page 16, line 12, strike "or".

Page 4, Line 20Page 16, line 15, strike "(9)." and substitute "(9); or

Page 4, Line 21(VII)  Provide R-and-D units to an occupational licensee

Page 4, Line 22for more than twenty days in any calendar month.".

Page 4, Line 23Page 17, line 3, strike "(2)" and substitute "(2), (5)(b),".

Page 4, Line 24Page 17, after line 16 insert:

Page 4, Line 25"(5) (b) (I)  A medical marijuana products manufacturer that uses

Page 4, Line 26a hemp product as an ingredient in a medical marijuana product shall

Page 4, Line 27ensure that the hemp product has passed all testing required by rules

Page 4, Line 28promulgated adopted by the state licensing authority pursuant to section

Page 4, Line 2944-10-203 (2)(d). Prior to taking possession of the hemp product, a

Page 4, Line 30medical marijuana products manufacturer shall verify the hemp product

Page 4, Line 31passed all testing required for medical marijuana products at a licensed

Page 4, Line 32medical marijuana testing facility and that the person transferring the

Page 4, Line 33hemp product has received a registration from the department of public

Page 4, Line 34health and environment pursuant to section 25-5-426 25-5-427.

Page 4, Line 35(II)  Absent sampling and testing standards established by the

Page 4, Line 36department of public health and environment for the sampling and testing

Page 4, Line 37of a hemp product, a person transferring a hemp product to a medical

Page 5, Line 1marijuana products manufacturer pursuant to this section shall comply

Page 5, Line 2with sampling and testing standards consistent with those established by

Page 5, Line 3the state licensing authority pursuant to this article 10. The state licensing

Page 5, Line 4authority shall report to the department of public health and environment

Page 5, Line 5any investigations or findings of violations of this section by a person

Page 5, Line 6registered pursuant to section 25-5-426 25-5-427.".

Page 5, Line 7Page 20, line 6, strike "or".

Page 5, Line 8Page 20, line 9, strike "(9)." and substitute "(9); or

Page 5, Line 9(VII)  Provide R-and-D units to an occupational licensee

Page 5, Line 10for more than twenty days in any calendar month.".

Page 5, Line 11Page 20, after line 21 insert:

Page 5, Line 12"SECTION 11.  In Colorado Revised Statutes, 44-10-601, amend

Page 5, Line 13(3)(c) as follows:

Page 5, Line 1444-10-601.  Retail marijuana store license - rules - definitions.

Page 5, Line 15(3) (c) (I)  A retail marijuana store that sells a hemp product shall ensure

Page 5, Line 16that the hemp product has passed all testing required by rules promulgated

Page 5, Line 17adopted by the state licensing authority pursuant to section 44-10-203

Page 5, Line 18(2)(d). Prior to taking possession of the hemp product, a retail marijuana

Page 5, Line 19store shall verify the hemp product passed all testing required for retail

Page 5, Line 20marijuana products at a licensed retail marijuana testing facility and that

Page 5, Line 21the person transferring the hemp product has received a registration from

Page 5, Line 22the department of public health and environment pursuant to section

Page 5, Line 2325-5-426 25-5-427.

Page 5, Line 24(II)  Absent sampling and testing standards established by the

Page 5, Line 25department of public health and environment for the sampling and testing

Page 5, Line 26of a hemp product, a person transferring a hemp product to a retail

Page 5, Line 27marijuana store pursuant to this section shall comply with sampling and

Page 5, Line 28testing standards consistent with those established by the state licensing

Page 5, Line 29authority pursuant to this article 10. The state licensing authority shall

Page 5, Line 30report to the department of public health and environment any

Page 5, Line 31investigations or findings of violations of this section by a person

Page 5, Line 32registered pursuant to section 25-5-426 25-5-427.".

Page 5, Line 33Renumber succeeding sections accordingly.

Page 5, Line 34Page 23, line 12, strike "or".

Page 5, Line 35Page 23, line 13, strike "unit." and substitute "unit; or

Page 5, Line 36(VII)  Provide R-and-D units to an occupational licensee

Page 6, Line 1for more than twenty days in any calendar month.".

Page 6, Line 2Page 24, line 1, strike "portion and (10)" and substitute "portion, (10), and

Page 6, Line 3(11)".

Page 6, Line 4Page 26, line 25, strike "or".

Page 6, Line 5Page 26, line 26, strike "unit." and substitute "unit; or

Page 6, Line 6(VII)  Provide R-and-D units to an occupational licensee

Page 6, Line 7for more than twenty days in any calendar month.".

Page 6, Line 8Page 27, after line 10 insert:

Page 6, Line 9"(11) (a)  A retail marijuana products manufacturer that uses a

Page 6, Line 10hemp product as an ingredient in a retail marijuana product shall ensure

Page 6, Line 11that the hemp product has passed all testing required by rules promulgated

Page 6, Line 12adopted by the state licensing authority pursuant to section 44-10-203

Page 6, Line 13(2)(d). Prior to taking possession of the hemp product, a retail marijuana

Page 6, Line 14products manufacturer shall verify that the hemp product passed all

Page 6, Line 15testing required for retail marijuana products at a licensed retail marijuana

Page 6, Line 16testing facility and that the person transferring the hemp product has

Page 6, Line 17received a registration from the department of public health and

Page 6, Line 18environment pursuant to section 25-5-426 25-5-427.

Page 6, Line 19(b)  Absent sampling and testing standards established by the

Page 6, Line 20department of public health and environment for the sampling and testing

Page 6, Line 21of a hemp product, a person transferring a hemp product to a retail

Page 6, Line 22marijuana products manufacturer pursuant to this section shall comply

Page 6, Line 23with sampling and testing standards consistent with those established by

Page 6, Line 24the state licensing authority pursuant to this article 10. The state licensing

Page 6, Line 25authority shall report to the department of public health and environment

Page 6, Line 26any investigations or findings in violation of this section by a person

Page 6, Line 27registered pursuant to section 25-5-426 25-5-427.

Page 6, Line 28SECTION 14.  In Colorado Revised Statutes, 44-10-604, amend

Page 6, Line 29(1)(a) as follows:

Page 6, Line 3044-10-604.  Retail marijuana testing facility license - rules.

Page 6, Line 31(1) (a)  A retail marijuana testing facility license may be issued to a

Page 6, Line 32person who performs testing and research on retail marijuana and

Page 6, Line 33industrial hemp as regulated by article 61 of title 35 and hemp products

Page 6, Line 34as regulated by part 4 of article 5 of title 25. The facility may develop and

Page 6, Line 35test retail marijuana products, industrial hemp as regulated by article 61

Page 6, Line 36of title 35, and hemp products as regulated by part 4 of article 5 of title

Page 6, Line 3725. Prior to performing testing on industrial hemp, a facility shall verify

Page 6, Line 38that the person requesting the testing has received a registration from the

Page 7, Line 1commissioner as required by section 35-61-104. Prior to performing

Page 7, Line 2testing on hemp products, a facility shall verify that the person requesting

Page 7, Line 3the testing has received a registration as required by section 25-5-426

Page 7, Line 425-5-427.".

Page 7, Line 5Renumber succeeding sections accordingly.

Page 7, Line 6Page 29, after line 6 insert:

Page 7, Line 7"SECTION 18.  In Colorado Revised Statutes, 44-10-1201,

Page 7, Line 8amend (2) introductory portion as follows:

Page 7, Line 944-10-1201.  Responsible vendor program - standards -

Page 7, Line 10designation. (2)  An approved training program must contain, at a

Page 7, Line 11minimum, the following standards and be taught in a classroom setting in

Page 7, Line 12a minimum of a two-hour for a minimum time period as determined by

Page 7, Line 13rule:".

Page 7, Line 14Renumber succeeding sections accordingly.

Page 7, Line 15Page 29, line 7, strike "Section". and substitute "SECTION".

Page 7, Line 16Page 31, line 16, strike "16" and substitute "19".

Page 7, Line 17Page 31, line 18, strike "16" and substitute "19".