A Bill for an Act
Page 1, Line 101Concerning measures to address efficiency in the regulation
Page 1, Line 102of marijuana licensees.
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.)
Current law authorizes the marijuana enforcement division (division) to adopt rules governing records required to be kept by license holders. The bill replaces this with a requirement that the division adopt rules requiring records concerning:
- Child resistance certificates;
- Testing records;
- Records demonstrating the composition of raw ingredients used in vaporizers or pressured metered dose inhalers;
- Recall records;
- Adverse health events;
- Corrective action and preventive action records;
- Documentation required to demonstrate valid responsible vendor designation;
- Standard operating procedures;
- Transfer records of regulated marijuana transactions;
- Expiration date testing and use-by-date testing;
- Patient records; and
- Advertising records.
- Each point of ingress and egress to the exterior of the licensed premises;
- Points of sale with coverage of the customer or patient and license holder completing the sale;
- Areas of the licensed premises where shipping and receiving of regulated marijuana occurs, test batches are collected, and regulated marijuana waste is destroyed; and
- Delivery vehicles surveillance.
- Tested in accordance with the rules of the division;
- Tracked with the seed-to-sale inventory tracking system;
- Transferred to the store before the promotion;
- Packaged in accordance with the rules; and
- Labeled in accordance with the rules.
- Provide the promotional unit during a promotion;
- Verify that the patient or customer is qualified to receive the promotional unit;
- Not charge a patient or customer for a promotional unit;
- Ensure the total amount of promotional units and purchased medical marijuana that are transferred to a patient or customer do not exceed the legal transfer limits.
- R-and-D units may be provided to all licensed employees, and the R-and-D unit must be:
- Labeled with the universal symbol indicating that the package contains marijuana, the license number of the facility that produced the R-and-D unit, the batch number, and any required warning statements;
- Labeled to indicate that the R-and-D unit must not be sold or resold;
- Tested in accordance with the rules;
- Packaged in a child-resistant container;
- Tracked with the seed-to-sale inventory tracking system; and
- Provided for product development or quality control purposes; and
- The facility or manufacturer may not:
- Allow an R-and-D unit to be consumed on the licensed premises;
- Use an R-and-D unit as a means of compensation;
- Provide R-and-D units in a manner that would violate the law or to an employee who is not qualified;
- Require an employee to accept or consume an R-and-D unit; or
- Receive compensation for an R-and-D unit.
- Have a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed; and
- Engage in transfer of ownership without prior approval.
If a license holder is required to maintain books and records in the seed-to-sale inventory tracking system, the license holder need not maintain duplicate copies of the books and records. If a license holder is substantially noncompliant with regulatory requirements, the division may require the license holder to maintain additional records. The division must bring an administrative action to require a license holder to maintain additional records.
Current law requires occupational license holders to be issued an identification card. The bill authorizes digital identification cards and replaces this requirement with authorization for the division to adopt rules governing identification card requirements, including criminal history record checks.
Current law requires applicants for licensure or renewal to submit fingerprints for a criminal history record check. The bill changes this requirement to require that only controlling beneficial owners and passive beneficial owners must get a fingerprint-based criminal history record check, and the fingerprint-based check is only required for initial licensure; name-based judicial record checks are required for license renewal. Occupational license holders are required to obtain a name-based judicial record check. The division may require an applicant or licensee to obtain a fingerprint-based criminal history record check when there is a demonstrated investigative need. Occupational license applicants are authorized to work while the application is pending.
Current law requires the division to adopt rules for security requirements for license holders. The security requirements include video recording requirements. The video recording requirements are changed to require, and must not exceed, video surveillance of the following:
To obtain video surveillance footage, the division must demand the video surveillance footage in writing within at least 72 hours before the deadline provided to furnish the footage.
Current law requires the division to notify license holders by first-class mail of the license expiration date at least 90 days before the expiration. The bill replaces first-class mail with digital communication.
The bill authorizes medical marijuana stores and retail marijuana stores to host promotions where licensed marijuana producers can offer patient or customer promotional units (promotional unit). To provide a promotional unit, the promotional unit must be:
In addition, the store must:
Current law authorizes marijuana cultivation facilities and marijuana products manufacturers to provide research and development units (R-and-D units) to managers and sets standards for the practice. The bill reforms these standards as follows:
The amount of marijuana that may be sold in a single transaction at a retail marijuana store is raised from one ounce to 2 ounces or its equivalent in retail marijuana products.
Current law makes it a class 2 misdemeanor for a person to:
The bill repeals these provisions.
The bill authorizes the division to set and collect a fee to fulfill requests for copies of a license application. The bill repeals a requirement that retail and medical marijuana products be prepared with equipment that is used exclusively for those products.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 4, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 4, Line 2SECTION 1. In Colorado Revised Statutes, 44-10-103, add (52.5) as follows:
Page 4, Line 344-10-103. Definitions - rules. As used in this article 10, unless the context otherwise requires:
Page 4, Line 5(52.5) "R-and-D unit" means regulated marijuana provided
Page 4, Line 6to an occupational licensee employed by the licensee providing the regulated marijuana.
Page 4, Line 7SECTION 2. In Colorado Revised Statutes, 44-10-203, amend
Page 4, Line 8(1) introductory portion, (1)(c), (1)(j.5), (2) introductory portion,
Page 4, Line 9(2)(c), (2)(e), (2)(x), (2)(bb) introductory portion, (2)(dd) introductory
Page 4, Line 10portion, (2)(dd)(V), (2)(gg) introductory portion, and (9)(b); repeal
Page 5, Line 1(2)(t), (2)(bb)(II), (2)(dd)(VI), and (2)(gg)(II); and add (1)(l), (1)(m), and (10) as follows:
Page 5, Line 244-10-203. State licensing authority - rules. (1) Permissive
Page 5, Line 3rule-making. Rules
promulgated adopted pursuant to section 44-10-202 (1)(c) may include the following subjects:Page 5, Line 4(c) Records to be kept by licensees and the required availability
Page 5, Line 5of the records. The records required to be kept may include but must not exceed the following:
Page 5, Line 6(I) Child resistance certificates;
(II) Testing records;
Page 5, Line 7(III) Certificates of analysis or other records
Page 5, Line 8demonstrating the composition of raw ingredients used in vaporizers or pressured metered dose inhalers;
Page 5, Line 9(IV) Recall records;
(V) Adverse health events;
Page 5, Line 10(VI) Corrective action and preventive action records;
Page 5, Line 11(VII) Documentation required to demonstrate valid responsible vendor designation;
Page 5, Line 12(VIII) Standard operating procedures;
Page 5, Line 13(IX) Transfer records to account for regulated marijuana transactions;
Page 5, Line 14(X) Expiration date testing and use-by-date testing;
(XI) Patient records; and
Page 5, Line 15(XII) Advertising records.
Page 5, Line 16(j.5) The implementation of contingency plans pursuant to
Page 5, Line 17sections 44-10-502 (10) and 44-10-602 (14), including the definition of
Page 5, Line 18outdoor cultivation, adverse weather event, or adverse natural occurrence
Page 6, Line 1and the process, procedures, requirements, and restrictions for contingency plans;
andPage 6, Line 2(l) Development of individual identification cards for:
(I) Controlling beneficial owners;
Page 6, Line 3(II) Passive beneficial owners; or
Page 6, Line 4(III) Individuals who handle or transport regulated
Page 6, Line 5marijuana on behalf of entities licensed pursuant to this article 10.
Page 6, Line 6(m) Requirements for medical marijuana products
Page 6, Line 7manufacturers or retail marijuana products manufacturers to
Page 6, Line 8use an approved licensed premises and approved equipment to
Page 6, Line 9manufacture and prepare products not infused with regulated
Page 6, Line 10marijuana for the purpose of quality control and research and
Page 6, Line 11development in the formulation of manufacture of infused regulated marijuana products.
Page 6, Line 12(2) Mandatory rule-making. Rules
promulgated adopted pursuant to section 44-10-202 (1)(c) must include the following subjects:Page 6, Line 13(c) Qualifications for initial licensure pursuant to this article 10,
Page 6, Line 14including
but not limited to the requirement for a fingerprint-basedPage 6, Line 15criminal history record check for all controlling beneficial owners and
Page 6, Line 16passive beneficial owners
managers, contractors, employees, and otherPage 6, Line 17
support staff of entities licensed pursuant to this article 10 andPage 6, Line 18name-based judicial record checks for employees of regulated marijuana businesses;
Page 6, Line 19(e) Security requirements for any premises licensed pursuant to
Page 6, Line 20this article 10.
including The security requirements must include,Page 6, Line 21at a minimum, lighting, physical security, video, and alarm requirements;
Page 7, Line 1
and other minimum procedures for internal control as deemed necessaryPage 7, Line 2by the state licensing authority to properly administer and enforce this
Page 7, Line 3article 10;
including procedures for requiring written requestsPage 7, Line 4and providing licensees at least seventy-two hours to respond
Page 7, Line 5to requests to obtain copies of surveillance recordings created
Page 7, Line 6and maintained by the licensee; and biennial reporting requirements
Page 7, Line 7for changes, alterations, or modifications to the premises. Surveillance
Page 7, Line 8requirements for video recording areas of the licensed premises must include but cannot exceed the following requirements:
Page 7, Line 9(I) Each point of ingress and egress to the exterior of the licensed premises must be surveilled;
Page 7, Line 10(II) Points of sale with coverage of the customer or
Page 7, Line 11patient and occupational licensee completing the sale must be surveilled;
Page 7, Line 12(III) Areas of the licensed premises where shipping and
Page 7, Line 13receiving of regulated marijuana occurs, test batches are
Page 7, Line 14collected, and regulated marijuana waste is destroyed must be surveilled; and
Page 7, Line 15(IV) Delivery vehicle surveillance if required by rule under subsection (2)(dd)(V) of this section;
Page 7, Line 16(t)
Development of individual identification cards for individualsPage 7, Line 17
working in or having unescorted access to the limited access areas of thePage 7, Line 18
licensed premises of a medical marijuana business or retail marijuanaPage 7, Line 19
business, including a fingerprint-based criminal history record check as may be required by the state licensing authority prior to issuing a card;Page 7, Line 20(x) The conditions under which a licensee is authorized to transfer
Page 7, Line 21fibrous waste to a person for the purpose of producing only industrial
Page 8, Line 1fiber products. The conditions must include contract requirements that
Page 8, Line 2stipulate that the fibrous waste will only be used to produce industrial
Page 8, Line 3fiber products;
record-keeping requirements; security measures related toPage 8, Line 4the transport and transfer of fibrous waste; requirements for handling
Page 8, Line 5contaminated fibrous waste; and processes associated with handling
Page 8, Line 6fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state
prior to before transfer.Page 8, Line 7(bb) The conditions under which a licensee is authorized to
Page 8, Line 8collect marijuana consumer waste and transfer it to a person for the
Page 8, Line 9purposes of reuse or recycling in accordance with all requirements
Page 8, Line 10established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:
Page 8, Line 11(II)
Record-keeping requirements;Page 8, Line 12(dd) Requirements for medical marijuana and medical marijuana
Page 8, Line 13products delivery as described in
section sections 44-10-501 (11) andPage 8, Line 14
section 44-10-505 (5) and retail marijuana and retail marijuana productsPage 8, Line 15delivery as described in
section sections 44-10-601 (13) andsection 44-10-605 (5), including:Page 8, Line 16(V) Delivery vehicle requirements;
including requirements for surveillance;Page 8, Line 17(VI)
Record-keeping requirements;Page 8, Line 18(gg) For marijuana hospitality businesses that are mobile, regulations including:
but not limited to:Page 8, Line 19(II)
Surveillance cameras inside the vehicles;Page 8, Line 20(9) (b) (I) The state licensing authority shall base its issuance of
Page 8, Line 21an employee license
identification card pursuant to this subsection (9) onPage 8, Line 22the results of an initial investigation that demonstrate the applicant is
Page 9, Line 1qualified to hold such license. The employee license application for
Page 9, Line 2which an employee license
identification card was issued pursuant to thisPage 9, Line 3subsection (9) remains subject to denial pending the complete results of
Page 9, Line 4the applicant's initial
fingerprint-based criminal history name-based judicial record check.Page 9, Line 5(II) Results of a
fingerprint-based criminal history name-basedPage 9, Line 6judicial record check that demonstrate that an applicant possessing an
Page 9, Line 7employee license
identification card pursuant to this subsection (9) is notPage 9, Line 8qualified to hold a license issued under this article 10 are grounds for
Page 9, Line 9denial of the employee license application. If the employee license
Page 9, Line 10application is denied, the applicant shall return the employee license and
Page 9, Line 11identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.
Page 9, Line 12(10) (a) The state licensing authority shall adopt rules to
Page 9, Line 13enable a licensee to conduct research and development using
Page 9, Line 14R-and-D units when evaluating different flavors and nonmarijuana ingredients. The rules must include:
Page 9, Line 15(I) Evaluation through the use of noninfused products; and
Page 9, Line 16(II) The addition of flavors and nonmarijuana ingredients for the purposes of research and development.
Page 9, Line 17(b) Adding flavors or nonmarijuana ingredients are not
Page 9, Line 18considered an additional batch and do not require additional
Page 9, Line 19testing if the licensee possesses analysis or documentation
Page 9, Line 20evidencing the safety profile of the flavors or nonmarijuana ingredients.
Page 9, Line 21(c) A licensee shall not transfer R-and-D units to a regulated marijuana store.
Page 10, Line 2SECTION 3. In Colorado Revised Statutes, 44-10-307, amend (4)(c); and repeal (1)(h) as follows:
Page 10, Line 344-10-307. Persons prohibited as licensees - definition. (1) A license provided by this article 10 shall not be issued to or held by:
Page 10, Line 4(h)
A person who employs another person at a medical marijuanaPage 10, Line 5
business or retail marijuana business who has not submitted fingerprintsPage 10, Line 6
for a criminal history record check or whose criminal history record check reveals that the person is ineligible;Page 10, Line 7(4) (c) (I)
At the time of When filing an application for initialPage 10, Line 8issuance
or renewal of a state medical marijuana business license or retailPage 10, Line 9marijuana business license, an applicant shall submit a set of
his or herPage 10, Line 10their fingerprints and file personal history information concerning the
Page 10, Line 11applicant's qualifications for a state license on forms prepared by the state
Page 10, Line 12licensing authority. The state or local licensing authority or local
Page 10, Line 13jurisdiction shall submit the fingerprints to the Colorado bureau of
Page 10, Line 14investigation for the purpose of conducting fingerprint-based criminal
Page 10, Line 15history record checks. The Colorado bureau of investigation shall forward
Page 10, Line 16the fingerprints to the federal bureau of investigation for the purpose of
Page 10, Line 17conducting fingerprint-based criminal history record checks. When the
Page 10, Line 18results of a fingerprint-based criminal history record check reveal a record
Page 10, Line 19of arrest without a disposition, the state or local licensing authority or
Page 10, Line 20local jurisdiction shall require an applicant or a license holder to submit
Page 10, Line 21to a name-based judicial record check, as defined in section 22-2-119.3
Page 10, Line 22(6)(d). The state or local licensing authority or local jurisdiction shall use
Page 10, Line 23the information resulting from the fingerprint-based criminal history
Page 11, Line 1record check to investigate and determine whether an applicant is
Page 11, Line 2qualified to hold a state or local license pursuant to this article 10. The
Page 11, Line 3state or local licensing authority or local jurisdiction may verify any of the information an applicant is required to submit.
Page 11, Line 4(II) When renewing a state medical marijuana business
Page 11, Line 5license or retail marijuana business license, the licensee shall
Page 11, Line 6submit their name for a name-based judicial record check. The
Page 11, Line 7state or local licensing authority or local jurisdiction shall
Page 11, Line 8use the information resulting from the name-based judicial
Page 11, Line 9record check to determine whether a licensee continues to be
Page 11, Line 10qualified to hold a state or local license pursuant to this
Page 11, Line 11article 10. The state or local licensing authority or local
Page 11, Line 12jurisdiction may verify any of the information a licensee is required to submit to renew the license.
Page 11, Line 13SECTION 4. In Colorado Revised Statutes, 44-10-313, amend (4) and (13)(c)(I)(B) as follows:
Page 11, Line 1444-10-313. Licensing in general - rules - repeal. (4) A medical
Page 11, Line 15marijuana business or retail marijuana business that is not a publicly
Page 11, Line 16traded corporation shall notify the state licensing authority in writing of
Page 11, Line 17the name, address, and date of birth of a controlling beneficial owner,
Page 11, Line 18passive beneficial owner, or manager before the new controlling
Page 11, Line 19beneficial owner, passive beneficial owner, or manager begins managing
Page 11, Line 20or associating with the operation.
Any A controlling beneficial owner orPage 11, Line 21passive beneficial owner
manager, or employee must pass aPage 11, Line 22fingerprint-based criminal history record check as required by the state
Page 11, Line 23licensing authority and obtain the required identification
prior to beforePage 11, Line 24being associated with
managing, or owningor working at the operation.Page 12, Line 1A manager or employee that is not a controlling beneficial
Page 12, Line 2owner may commence working or may handle or transport
Page 12, Line 3marijuana before the final disposition of the individual's application.
Page 12, Line 4(13) (c) (I) A medical marijuana cultivation facility or retail
Page 12, Line 5marijuana cultivation facility that has obtained an approved change of
Page 12, Line 6location from the state licensing authority may operate one license at two
Page 12, Line 7geographical locations for the purpose of transitioning operations from one location to another if:
Page 12, Line 8(B) The licensed premises of both geographical locations comply
Page 12, Line 9with
all surveillance, the security and inventory tracking requirementsPage 12, Line 10imposed by this article 10 and any rules
promulgated adopted by the state licensing authority;Page 12, Line 11SECTION 5. In Colorado Revised Statutes, 44-10-314, amend (1) and (2) as follows:
Page 12, Line 1244-10-314. License renewal - unified renewal applications -
Page 12, Line 13rules. (1) Ninety days
prior to before the expiration date of an existingPage 12, Line 14medical marijuana business or retail marijuana business license, the state
Page 12, Line 15licensing authority shall notify the licensee of the expiration date by
Page 12, Line 16
first-class mail at the licensee's address of record with the state licensingPage 12, Line 17
authority digital communication. A licensee must apply for thePage 12, Line 18renewal of an existing license to the local licensing authority within the
Page 12, Line 19time frame required by local ordinance or regulation and to the state
Page 12, Line 20licensing authority
prior to before the expiration of the license. ThePage 12, Line 21licensee shall provide the state licensing authority with information
Page 12, Line 22establishing that the application complies with all local requirements for
Page 12, Line 23the renewal of a license. If a licensee submits a timely and sufficient
Page 13, Line 1renewal application, the licensee may continue to operate until the
Page 13, Line 2application is finally acted upon by the state licensing authority. The local
Page 13, Line 3licensing authority may hold a hearing on the application for renewal of
Page 13, Line 4a medical marijuana business license only if the licensee has had
Page 13, Line 5complaints filed against it, the licensee has a history of violations, or
Page 13, Line 6there are allegations against the licensee that would constitute good cause.
Page 13, Line 7The local licensing authority shall not hold a renewal hearing provided
Page 13, Line 8for by this subsection (1) for a medical marijuana store until it has posted
Page 13, Line 9a notice of hearing on the licensed medical marijuana store premises in
Page 13, Line 10the manner described in section 44-10-303 (2) for a period of ten days
Page 13, Line 11and provided notice to the applicant at least ten days
prior to before thePage 13, Line 12hearing. The local licensing authority may refuse to renew any license for good cause, subject to judicial review.
Page 13, Line 13(2) The state licensing authority may require
an additional aPage 13, Line 14licensee to submit a fingerprint
request to perform aPage 13, Line 15fingerprint-based criminal history record check when there is a demonstrated investigative need.
Page 13, Line 17SECTION 6. In Colorado Revised Statutes, 44-10-502, amend (5) and (6)(e) as follows:
Page 13, Line 1844-10-502. Medical marijuana cultivation facility license -
Page 13, Line 19centralized distribution permit - obtaining genetic material - transfer
Page 13, Line 20and change of designation of retail marijuana to medical marijuana
Page 13, Line 21- contingency plan - rules - definitions. (5) (a) A medical marijuana
Page 13, Line 22cultivation facility
licensee may providea medical marijuana sample andPage 13, Line 23
a medical marijuana concentrate sample to no more than five managersPage 13, Line 24
employed by the licensee for purposes of quality control and productPage 14, Line 1
development. A medical marijuana cultivation facility licensee mayPage 14, Line 2
designate no more than five managers per calendar month as recipientsPage 14, Line 3
of quality control and product development samples authorized pursuantPage 14, Line 4
to this subsection (5)(a) an R-and-D unit to an occupational licensee.Page 14, Line 5(b)
Managers who receive a sample pursuant to subsection (5)(a)Page 14, Line 6
of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).Page 14, Line 7(c)
A sample authorized pursuant to subsection (5)(a) of thisPage 14, Line 8
section is limited to one gram of medical marijuana per batch as definedPage 14, Line 9
in rules promulgated by the state licensing authority and one-quarter gramPage 14, Line 10
of a medical marijuana concentrate per batch as defined in rulesPage 14, Line 11
promulgated by the state licensing authority; except that the limit isPage 14, Line 12
one-half gram of medical marijuana concentrate if the intended use of thePage 14, Line 13
final medical marijuana product is to be used in a device that can deliverPage 14, Line 14
medical marijuana concentrate in a vaporized form to the person inhaling from the device.Page 14, Line 15(d)
A sample authorized pursuant to subsection (5)(a) of thisPage 14, Line 16
section To provide an R-and-D unit, the R-and-D unit must be:Page 14, Line 17
labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).Page 14, Line 18(I) Labeled with the universal symbol indicating that the
Page 14, Line 19package contains marijuana, the license number of the facility
Page 14, Line 20that produced the R-and-D unit, the batch number, and any required warning statements;
Page 14, Line 21(II) Labeled to indicate that the R-and-D unit must not be
Page 14, Line 22sold or resold;
Page 15, Line 1(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
Page 15, Line 2(IV) Packaged in a child-resistant container;
Page 15, Line 3(V) Tracked with the seed-to-sale inventory tracking system; and
Page 15, Line 4(VI) Provided for product development or quality control purposes.
Page 15, Line 5(e)
A sample provided pursuant to subsection (5)(a) of this sectionPage 15, Line 6
must be tracked with the seed-to-sale tracking system. Prior to a managerPage 15, Line 7
receiving a sample, a manager must be designated in the seed-to-salePage 15, Line 8
tracking system as a recipient of quality control and product developmentPage 15, Line 9
samples. A manager receiving a sample must make a voluntary decisionPage 15, Line 10
to be tracked in the seed-to-sale tracking system and is not a consumerPage 15, Line 11
pursuant to section 16 (5)(c) of article XVIII of the state constitution. ThePage 15, Line 12
medical marijuana cultivation facility licensee shall maintainPage 15, Line 13
documentation of all samples and shall make the documentation available to the state licensing authority.Page 15, Line 14(f)
Prior to a manager receiving a sample pursuant to subsectionPage 15, Line 15
(5)(a) of this section, a medical marijuana cultivation facility licenseePage 15, Line 16
shall provide a standard operating procedure to the manager explainingPage 15, Line 17
requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.Page 15, Line 18(g)
A manager shall not:Page 15, Line 19
(I) Receive more than one ounce total of medical marijuanaPage 15, Line 20
samples or fifteen grams of medical marijuana concentrate samples perPage 15, Line 21
calendar month, regardless of the number of licenses that the manager isPage 15, Line 22
associated with; orPage 16, Line 1
(II) Provide or resell the sample to another licensed employee, a customer, or any other individual.Page 16, Line 2(h) A medical marijuana cultivation facility
licensee shall not:Page 16, Line 3(I) Allow
a manager to consume the sample an R-and-D unit to be consumed on the licensed premises;orPage 16, Line 4(II) Use
the sample an R-and-D unit as a means of compensation;to a manager.Page 16, Line 5(III) Provide R-and-D units in a manner thatexceeds sales limitations set forth in section 44-10-501;
Page 16, Line 6(IV) Require an employee to accept or consume an R-and-D unit;
Page 16, Line 7(V) Receive compensation for an R-and-D unit; or
Page 16, Line 8(VI) Give an R-and-D unit to a person the does not hold a
Page 16, Line 9valid registry identification card issued pursuant to section 25-1.5-106 (9).
Page 16, Line 10(i)
The state licensing authority may establish additional inventoryPage 16, Line 11
tracking and record keeping, including additional reporting required forPage 16, Line 12
implementation. The medical marijuana cultivation facility licensee shallPage 16, Line 13
maintain the information required by this subsection (5)(i) on the licensed premises for inspection by the state and local licensing authorities.Page 16, Line 14(j)
For purposes of this subsection (5) only, "manager" means anPage 16, Line 15
employee of the medical marijuana business who holds a valid keyPage 16, Line 16
license or associated key license. and is currently designated pursuant toPage 16, Line 17
state licensing authority rules as the manager of the medical marijuana business.Page 16, Line 18(6) (e) All security
and surveillance requirements that apply to aPage 16, Line 19medical marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
Page 17, Line 1SECTION 7. In Colorado Revised Statutes, 44-10-503, amend (2) and (10) as follows:
Page 17, Line 244-10-503. Medical marijuana products manufacturer license
Page 17, Line 3- hemp products - R-and-D units - transfer and change of designation
Page 17, Line 4of retail marijuana to medical marijuana - rules - definition.
Page 17, Line 5(2) Medical marijuana products must be prepared on a licensed premises
Page 17, Line 6that is used exclusively for the manufacture and preparation of medical
Page 17, Line 7marijuana products and using equipment that is used exclusively for the
Page 17, Line 8manufacture and preparation of medical marijuana products unless
Page 17, Line 9permitted by rule adopted by the state licensing authority
Page 17, Line 10under section 44-10-203 (1)(m); except that, subject to rules of the state
Page 17, Line 11licensing authority, a medical marijuana products manufacturer licensee
Page 17, Line 12may share the same premises as a commonly owned marijuana research
Page 17, Line 13and development licensee so long as virtual or physical separation of inventory and research activity is maintained.
Page 17, Line 14(10) (a) A medical marijuana products manufacturer
licensee mayPage 17, Line 15provide
a medical marijuana concentrate and a medical marijuana productPage 17, Line 16
sample to no more than five managers employed by the licensee forPage 17, Line 17
purposes of quality control and product development. A medicalPage 17, Line 18
marijuana products manufacturer licensee may designate no more thanPage 17, Line 19
five managers per calendar month as recipients of quality control andPage 17, Line 20
product development samples authorized pursuant to this subsection (10)(a) an R-and-D unit to an occupational licensee.Page 17, Line 21(b)
Managers who receive a sample pursuant to subsection (10)(a)Page 17, Line 22
of this section must have a valid registry identification card issuedPage 17, Line 23
pursuant to section 25-1.5-106 (9).Page 18, Line 1(c)
A sample authorized pursuant to subsection (10)(a) of thisPage 18, Line 2
section is limited to one serving size of edible medical marijuana productPage 18, Line 3
and its applicable equivalent serving size of nonedible medical marijuanaPage 18, Line 4
product per batch as defined in rules promulgated by the state licensingPage 18, Line 5
authority and one-quarter gram of medical marijuana concentrate perPage 18, Line 6
batch as defined in rules promulgated by the state licensing authority;Page 18, Line 7
except that the limit is one-half gram of medical marijuana concentratePage 18, Line 8
if the intended use of the final product is to be used in a device that canPage 18, Line 9
be used to deliver medical marijuana concentrate in a vaporized form to the person inhaling from the device.Page 18, Line 10(d)
A sample authorized pursuant to subsection (10)(a) of thisPage 18, Line 11
section To provide an R-and-D unit, the R-and-D unit must be:Page 18, Line 12
labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).Page 18, Line 13(I) Labeled with the universal symbol indicating that the
Page 18, Line 14package contains marijuana, the license number of the facility
Page 18, Line 15that produced the R-and-D unit, the batch number, and any required warning statements;
Page 18, Line 16(II) Labeled to indicate that the R-and-D unit must not be sold or resold;
Page 18, Line 17(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
Page 18, Line 18(IV) Packaged in a child-resistant container;
Page 18, Line 19(V) Tracked with the seed-to-sale inventory tracking system; and
Page 18, Line 20(VI) Provided for product development or quality
Page 18, Line 21control.
Page 19, Line 1(e)
A sample provided pursuant to subsection (10)(a) of thisPage 19, Line 2
section must be tracked with the seed-to-sale tracking system. Prior to aPage 19, Line 3
manager receiving a sample, a manager must be designated in thePage 19, Line 4
seed-to-sale tracking system as a recipient of quality control and productPage 19, Line 5
development samples. A manager receiving a sample must make aPage 19, Line 6
voluntary decision to be tracked in the seed-to-sale tracking system andPage 19, Line 7
is not a consumer pursuant to section 16 (5)(c) of article XVIII of thePage 19, Line 8
state constitution. The medical marijuana products manufacturer licenseePage 19, Line 9
shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.Page 19, Line 10(f)
Prior to a manager receiving a sample pursuant to subsectionPage 19, Line 11
(10)(a) of this section, a medical marijuana products manufacturerPage 19, Line 12
licensee shall provide a standard operating procedure to the managerPage 19, Line 13
explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.Page 19, Line 14(g)
A manager shall not:Page 19, Line 15
(I) Receive more than a total of fifteen grams of medicalPage 19, Line 16
marijuana concentrate or fourteen individual serving-size edibles or itsPage 19, Line 17
applicable equivalent in nonedible medical marijuana products perPage 19, Line 18
calendar month, regardless of the number of licenses that the manager is associated with; orPage 19, Line 19
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.Page 19, Line 20(h) A medical marijuana products manufacturer licensee shall not:
Page 19, Line 21(I) Allow
a manager to consume the sample an R-and-D unit to be consumed on the licensed premises;orPage 19, Line 22(II) Use
the sample an R-and-D unit as a means of compensation;to a manager.Page 20, Line 1(III) Provide R-and-D units in a manner thatexceeds sales limitations set forth in section 44-10-601;
Page 20, Line 2(IV) Require an employee to accept or consume an R-and-D unit;
Page 20, Line 3(V) Receive compensation for an R-and-D unit; or
Page 20, Line 4(VI) Give an R-and-D unit to a person that does not hold
Page 20, Line 5a valid registry identification card issued pursuant to section 25-1.5-106 (9).
Page 20, Line 6(i)
The state licensing authority may establish additional inventoryPage 20, Line 7
tracking and record keeping, including additional reporting required forPage 20, Line 8
implementation. The medical marijuana products manufacturer licenseePage 20, Line 9
shall maintain the information required by this subsection (10)(i) on thePage 20, Line 10
licensed premises for inspection by the state and local licensing authorities.Page 20, Line 11(j)
For purposes of this subsection (10) only, "manager" means anPage 20, Line 12
employee of the medical marijuana products manufacturer who holds aPage 20, Line 13
valid key license or associated key license and is currently designatedPage 20, Line 14
pursuant to state licensing authority rules as the manager of the medical marijuana products manufacturer.Page 20, Line 16SECTION 8. In Colorado Revised Statutes, 44-10-601, amend(3)(a)(I) as follows:
Page 20, Line 1744-10-601. Retail marijuana store license - retail marijuana
Page 20, Line 18products - hemp products - consumer verification - delivery permit
Page 20, Line 19- rules - definitions. (3) (a) (I) A retail marijuana store may not sell
Page 20, Line 20more than
one ounce two ounces of retail marijuana or its equivalent inPage 21, Line 1retail marijuana products, including retail marijuana concentrate, except
Page 21, Line 2for nonedible, nonpsychoactive retail marijuana products, including
Page 21, Line 3ointments, lotions, balms, and other nontransdermal topical products, during a single transaction to a person.
Page 21, Line 5SECTION 9. In Colorado Revised Statutes, 44-10-602, amend
Page 21, Line 6(6)(a), (6)(d), (6)(h), and (7)(e); repeal (6)(c), (6)(e), (6)(f), (6)(g), (6)(i), and (6)(j) as follows:
Page 21, Line 744-10-602. Retail marijuana cultivation facility license -
Page 21, Line 8R-and-D units - centralized distribution permit - genetic material -
Page 21, Line 9transfer and change of designation of retail marijuana to medical
Page 21, Line 10marijuana - contingency plan - rules - definitions. (6) (a) A retail
Page 21, Line 11marijuana cultivation facility
licensee may providea retail marijuanaPage 21, Line 12
sample and a retail marijuana concentrate sample to no more than fivePage 21, Line 13
managers employed by the licensee for purposes of quality control andPage 21, Line 14
product development. A retail marijuana cultivation facility licensee mayPage 21, Line 15
designate no more than five managers per calendar month as recipientsPage 21, Line 16
of quality control and product development samples authorized pursuantPage 21, Line 17
to this subsection (6)(a) an R-and-D unit to an occupational licensee.Page 21, Line 18(c)
A sample authorized pursuant to subsection (6)(a) of thisPage 21, Line 19
section is limited to one gram of retail marijuana per batch as defined inPage 21, Line 20
rules promulgated by the state licensing authority, and one-quarter gramPage 21, Line 21
of a retail marijuana concentrate per batch as defined in rulesPage 21, Line 22
promulgated by the state licensing authority; except that the limit isPage 21, Line 23
one-half gram of retail marijuana concentrate if the intended use of thePage 21, Line 24
final product is to be used in a device that can be used to deliver retailPage 22, Line 1
marijuana concentrate in a vaporized form to the person inhaling from the device.Page 22, Line 2(d)
A sample authorized pursuant to subsection (6)(a) of thisPage 22, Line 3
section To provide an R-and-D unit, the R-and-D unit must be:Page 22, Line 4
labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).Page 22, Line 5(I) Labeled with the universal symbol indicating that the
Page 22, Line 6package contains marijuana, the license number of the facility
Page 22, Line 7that produced the R-and-D unit, the batch number, and any required warning statements;
Page 22, Line 8(II) Labeled to indicate that the R-and-D unit must not be sold or resold;
Page 22, Line 9(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
Page 22, Line 10(IV) Packaged in a child-resistant container;
Page 22, Line 11(V) Tracked with the seed-to-sale inventory tracking system; and
Page 22, Line 12(VI) Provided for product development or quality control.
Page 22, Line 13(e)
A sample provided pursuant to subsection (6)(a) of this sectionPage 22, Line 14
must be tracked with the seed-to-sale tracking system. Prior to a managerPage 22, Line 15
receiving a sample, a manager must be designated in the seed-to-salePage 22, Line 16
tracking system as a recipient of quality control and product developmentPage 22, Line 17
samples. A manager receiving a sample must make a voluntary decisionPage 22, Line 18
to be tracked in the seed-to-sale tracking system and is not a consumerPage 22, Line 19
pursuant to section 16 (5)(c) of article XVIII of the state constitution. ThePage 22, Line 20
retail marijuana cultivation facility licensee shall maintain documentationPage 23, Line 1
of all samples and shall make the documentation available to the state licensing authority.Page 23, Line 2(f)
Prior to a manager receiving a sample pursuant to subsectionPage 23, Line 3
(6)(a) of this section, a retail marijuana cultivation facility licensee shallPage 23, Line 4
provide a standard operating procedure to the manager explainingPage 23, Line 5
requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.Page 23, Line 6(g)
A manager shall not:Page 23, Line 7
(I) Receive more than one ounce total of retail marijuana or eightPage 23, Line 8
grams of retail marijuana concentrate samples per calendar month,Page 23, Line 9
regardless of the number of licenses that the manager is associated with; orPage 23, Line 10
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.Page 23, Line 11(h) A retail marijuana cultivation facility licensee shall not:
Page 23, Line 12(I) Allow
a manager to consume the sample an R-and-D unit to be consumed on the licensed premises;orPage 23, Line 13(II) Use
the sample an R-and-D unit as a means of compensation;to a manager.Page 23, Line 14(III) Provide R-and-D units in a manner that would violate section 18-18-406;
Page 23, Line 15(IV) Require an employee to accept or consume an R-and-D unit; or
Page 23, Line 16(V) Receive compensation for an R-and-D unit.
Page 23, Line 17(i)
The state licensing authority may establish additional inventoryPage 23, Line 18
tracking and record keeping, including additional reporting required forPage 23, Line 19
implementation. The retail marijuana cultivation facility licensee shallPage 24, Line 1
maintain the information required by this subsection (6)(i) on the licensed premises for inspection by the state and local licensing authorities.Page 24, Line 2(j)
For purposes of this subsection (6) only, "manager" means anPage 24, Line 3
employee of the retail marijuana cultivation facility who holds a valid keyPage 24, Line 4
license or associated key license and is currently designated pursuant toPage 24, Line 5
state licensing authority rules as the manager of the retail marijuana cultivation facility.Page 24, Line 6(7) (e) All security
and surveillance requirements that apply to aPage 24, Line 7retail marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
Page 24, Line 8SECTION 10. In Colorado Revised Statutes, 44-10-603, amend (2) introductory portion and (10) as follows:
Page 24, Line 944-10-603. Retail marijuana products manufacturer license -
Page 24, Line 10rules - definition. (2) Retail marijuana products must be prepared on a
Page 24, Line 11licensed premises that is used exclusively for the manufacture and
Page 24, Line 12preparation of retail marijuana or retail marijuana products and using
Page 24, Line 13equipment that is used exclusively for the manufacture and preparation
Page 24, Line 14of retail marijuana products unless permitted by rule adopted by the
Page 24, Line 15state licensing authority under section 44-10-203 (1)(m); except
Page 24, Line 16that, if permitted by the local jurisdiction and subject to rules of the state
Page 24, Line 17licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
Page 24, Line 18(10) (a) A retail marijuana products manufacturer
licensee mayPage 24, Line 19provide
a retail marijuana product sample and a retail marijuanaPage 24, Line 20
concentrate sample to no more than five managers employed by thePage 24, Line 21
licensee for purposes of quality control and product development. A retailPage 24, Line 22
marijuana products manufacturer licensee may designate no more thanPage 25, Line 1
five managers per calendar month as recipients of quality control andPage 25, Line 2
product development samples authorized pursuant to this subsection (10)(a) an R-and-D unit to an occupational licensee.Page 25, Line 3(b)
A sample authorized pursuant to subsection (10)(a) of thisPage 25, Line 4
section is limited to one serving size of an edible retail marijuana productPage 25, Line 5
not exceeding ten milligrams of THC and its applicable equivalentPage 25, Line 6
serving size of nonedible retail marijuana product per batch as defined inPage 25, Line 7
rules promulgated by the state licensing authority and one-quarter gramPage 25, Line 8
of retail marijuana concentrate per batch as defined in rules promulgatedPage 25, Line 9
by the state licensing authority; except that the limit is one-half gram ofPage 25, Line 10
retail marijuana concentrate if the intended use of the final product is toPage 25, Line 11
be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.Page 25, Line 12(c)
A sample authorized pursuant to subsection (10)(a) of thisPage 25, Line 13
section To provide an R-and-D unit, the R-and-D unit must be:Page 25, Line 14
labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).Page 25, Line 15(I) Labeled with the universal symbol indicating that the
Page 25, Line 16package contains marijuana, the license number of the facility
Page 25, Line 17that produced the R-and-D unit, the batch number, and any required warning statements;
Page 25, Line 18(II) Labeled to indicate that the R-and-D unit must not be sold or resold;
Page 25, Line 19(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
Page 25, Line 20(IV) Packaged in a child-resistant container;
Page 25, Line 21(V) Tracked with the seed-to-sale inventory tracking system; and
Page 26, Line 1(VI) Provided for product development or quality control.
Page 26, Line 2(d)
A sample provided pursuant to subsection (10)(a) of thisPage 26, Line 3
section must be tracked with the seed-to-sale tracking system. Prior to aPage 26, Line 4
manager receiving a sample, a manager must be designated in thePage 26, Line 5
seed-to-sale tracking system as a recipient of quality control and productPage 26, Line 6
development samples. A manager receiving a sample must make aPage 26, Line 7
voluntary decision to be tracked in the seed-to-sale tracking system andPage 26, Line 8
is not a consumer pursuant to section 16 (5)(c) of article XVIII of thePage 26, Line 9
state constitution. The retail marijuana products manufacturer licenseePage 26, Line 10
shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.Page 26, Line 11(e)
Prior to a manager receiving a sample pursuant to subsectionPage 26, Line 12
(10)(a) of this section, a retail marijuana products manufacturer licenseePage 26, Line 13
shall provide a standard operating procedure to the manager explainingPage 26, Line 14
requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.Page 26, Line 15(f)
A manager shall not:Page 26, Line 16
(I) Receive more than a total of eight grams of retail marijuanaPage 26, Line 17
concentrate or fourteen individual serving-size edibles or its applicablePage 26, Line 18
equivalent in nonedible retail marijuana products per calendar month,Page 26, Line 19
regardless of the number of licenses that the manager is associated with; orPage 26, Line 20
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.Page 26, Line 21(g) A retail marijuana products
manufacturing manufacturer licensee shall not:Page 27, Line 1(I) Allow
a manager to consume the sample an R-and-D unit to be consumed on the licensed premises;orPage 27, Line 2(II) Use
the sample an R-and-D unit as a means of compensation;to a manager.Page 27, Line 3(III) Provide R-and-D units in a manner that would violate section 18-18-406;
Page 27, Line 4(IV) Require an employee to accept or consume an R-and-D unit; or
Page 27, Line 5(V) Receive compensation for an R-and-D unit.
Page 27, Line 6(h)
The state licensing authority may establish additionalPage 27, Line 7
inventory tracking and record keeping, including additional reportingPage 27, Line 8
required for implementation. The retail marijuana products manufacturerPage 27, Line 9
licensee shall maintain the information required by this subsection (10)(h)Page 27, Line 10
on the licensed premises for inspection by the state and local licensing authorities.Page 27, Line 11(i)
For purposes of this subsection (10) only, "manager" means anPage 27, Line 12
employee of the retail marijuana products manufacturer who holds a validPage 27, Line 13
key license or associated key license and is currently designated pursuantPage 27, Line 14
to state licensing authority rules as the manager of the retail marijuana products manufacturer.Page 27, Line 15SECTION 11. In Colorado Revised Statutes, 44-10-701, amend (2)(d); and repeal (2)(b) and (2)(e) as follows:
Page 27, Line 1644-10-701. Unlawful acts - exceptions. (2) It is unlawful for a person to:
Page 27, Line 17(b)
Have a controlling beneficial ownership, passive beneficialPage 27, Line 18
ownership, or indirect financial interest in a license pursuant to this articlePage 28, Line 1
10 that was not disclosed in accordance with section 44-10-309; exceptPage 28, Line 2
that this subsection (2)(b) does not apply to banks or savings and loanPage 28, Line 3
associations supervised and regulated by an agency of the state or federalPage 28, Line 4
government, or to FHA-approved mortgagees, or to stockholders, directors, or officers thereof;Page 28, Line 5(d) Exercise any privilege associated with holding a controlling
Page 28, Line 6beneficial ownership, passive beneficial ownership, or indirect financial
Page 28, Line 7interest in a license that was not disclosed in accordance with section 44-10-309.
orPage 28, Line 8(e)
Engage in transfer of ownership without prior approval as required by this article 10, including but not limited to:Page 28, Line 9
(I) A proposed transferee operating a medical marijuana businessPage 28, Line 10
or retail marijuana business before a transfer of ownership request for that business is approved in writing by the state licensing authority; orPage 28, Line 11
(II) A current controlling beneficial owner, passive beneficialPage 28, Line 12
owner, or proposed transferor failing to retain full responsibility for aPage 28, Line 13
medical marijuana business or retail marijuana business identified in thePage 28, Line 14
transfer of ownership application until the transfer request is approved in writing by the state licensing authority.Page 28, Line 15SECTION 12. In Colorado Revised Statutes, 44-10-801, amend
Page 28, Line 16(3)(a) introductory portion, (3)(a)(IV), and (3)(a)(V); and add (3)(a)(VI) as follows:
Page 28, Line 1744-10-801. Marijuana cash fund - transfer. (3) (a) The state
Page 28, Line 18licensing authority shall establish fees for processing the following types
Page 28, Line 19of applications, licenses, notices, requests, or reports required to be submitted to the state licensing authority:
Page 28, Line 20(IV) License renewal and expired license renewal applications pursuant to section 44-10-314;
andPage 29, Line 1(V) Licenses as listed in section 44-10-401; and
Page 29, Line 2(VI) Requests for copies of a license application submitted by the applicant.
Page 29, Line 3SECTION 13. In Colorado Revised Statutes, 44-10-1001, add (4) as follows:
Page 29, Line 444-10-1001. Inspection procedures. (4) Notwithstanding the provisions of this section:
Page 29, Line 5(a) If a licensee is required to maintain books and records
Page 29, Line 6in the seed-to-sale inventory tracking system, the licensee need not maintain duplicate copies of the books and records; and
Page 29, Line 7(b) The state licensing authority may require the licensee
Page 29, Line 8to maintain additional records beyond those required by this
Page 29, Line 9article 10 or the rules adopted under this article 10 upon a
Page 29, Line 10finding of a violation by the licensee or by an agent or employee
Page 29, Line 11of the licensee of this article 10 or a rule adopted under this article 10.
Page 29, Line 12SECTION 14. Act subject to petition - effective date -
Page 29, Line 13applicability. (1) This act takes effect January 5, 2026; except that, if a
Page 29, Line 14referendum petition is filed pursuant to section 1 (3) of article V of the
Page 29, Line 15state constitution against this act or an item, section, or part of this act
Page 29, Line 16within the ninety-day period after final adjournment of the general
Page 29, Line 17assembly, then the act, item, section, or part will not take effect unless
Page 29, Line 18approved by the people at the general election to be held in November
Page 29, Line 192026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 30, Line 1(2) This act applies to conduct occurring on or after the applicable effective date of this act.