House Bill 25-1209 Preamended

A Bill for an Act

• Page 1, Line 101Concerning measures to address efficiency in the regulation

• Page 1, Line 102of marijuana licensees, and, in connection therewith,

• Page 1, Line 103reducing an appropriation.

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), (2)(kk),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 includethe 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; and

• Page 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 ofregulated 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-based

• Page 6, Line 15criminal history record check for all controlling beneficial owners and

• Page 6, Line 16passive beneficial owners managers, contractors, employees, and other

• Page 6, Line 17support staff of entities licensed pursuant to this article 10 and

• Page 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 1and other minimum procedures for internal control as deemed necessary

• Page 7, Line 2by the state licensing authority to properly administer and enforce this

• Page 7, Line 3article 10; including procedures for requiring written requests

• Page 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 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;

• Page 7, Line 16(t)  Development of individual identification cards for individuals

• Page 7, Line 17working in or having unescorted access to the limited access areas of the

• Page 7, Line 18licensed premises of a medical marijuana business or retail marijuana

• Page 7, Line 19business, 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 7, Line 22fiber products. The conditions must include contract requirements that

• Page 8, Line 1stipulate that the fibrous waste will only be used to produce industrial

• Page 8, Line 2fiber products; record-keeping requirements; security measures related to

• Page 8, Line 3the transport and transfer of fibrous waste; requirements for handling

• Page 8, Line 4contaminated fibrous waste; and processes associated with handling

• Page 8, Line 5fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state prior to before transfer.

• Page 8, Line 6(bb)  The conditions under which a licensee is authorized to

• Page 8, Line 7collect marijuana consumer waste and transfer it to a person for the

• Page 8, Line 8purposes of reuse or recycling in accordance with all requirements

• Page 8, Line 9established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:

• Page 8, Line 10(II)  Record-keeping requirements;

• Page 8, Line 11(dd)  Requirements for medical marijuana and medical marijuana

• Page 8, Line 12products delivery as described in section sections 44-10-501 (11) and

• Page 8, Line 13section 44-10-505 (5) and retail marijuana and retail marijuana products

• Page 8, Line 14delivery as described in section sections 44-10-601 (13) and section 44-10-605 (5), including:

• Page 8, Line 15(V)  Delivery vehicle requirements; including requirements for surveillance;

• Page 8, Line 16(VI)  Record-keeping requirements;

• Page 8, Line 17(gg)  For marijuana hospitality businesses that are mobile, regulations including: but not limited to:

• Page 8, Line 18(II)  Surveillance cameras inside the vehicles;

• Page 8, Line 19(kk)  R-and-D unit limits and requirement, including limits

• Page 8, Line 20on the number of occupational licensees that may receive

• Page 8, Line 21R-and-D units from an employer, a requirement that an

• Page 8, Line 22occupational licensee be designated to receive R-and-D units in

• Page 9, Line 1the seed-to-sale inventory tracking system, and limits on how

• Page 9, Line 2many R-and-D units may be evaluated by an occupational licensee.

• Page 9, Line 3(9) (b) (I)  The state licensing authority shall base its issuance of

• Page 9, Line 4an employee license identification card pursuant to this subsection (9) on

• Page 9, Line 5the results of an initial investigation that demonstrate the applicant is

• Page 9, Line 6qualified to hold such license. The employee license application for

• Page 9, Line 7which an employee license identification card was issued pursuant to this

• Page 9, Line 8subsection (9) remains subject to denial pending the complete results of

• Page 9, Line 9the applicant's initial fingerprint-based criminal history name-based judicial record check.

• Page 9, Line 10(II)  Results of a fingerprint-based criminal history name-based

• Page 9, Line 11judicial record check that demonstrate that an applicant possessing an

• Page 9, Line 12employee license identification card pursuant to this subsection (9) is not

• Page 9, Line 13qualified to hold a license issued under this article 10 are grounds for

• Page 9, Line 14denial of the employee license application. If the employee license

• Page 9, Line 15application is denied, the applicant shall return the employee license and

• Page 9, Line 16identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.

• Page 9, Line 17(10) (a)  The state licensing authority shall adopt rules to

• Page 9, Line 18enable a licensee to conduct research and development using

• Page 9, Line 19R-and-D units when evaluating different flavors and nonmarijuana ingredients.

• Page 9, Line 21(b)  Adding flavors or nonmarijuana ingredients are not

• Page 9, Line 22considered an additional batch and do not require additional

• Page 9, Line 23testing if the licensee possesses analysis or documentation

• Page 10, Line 1evidencing the safety profile of the flavors or nonmarijuana ingredients.

• Page 10, Line 2(c)  A licensee shall not transfer R-and-D units to a regulated marijuana store.

• Page 10, Line 4SECTION 3.  In Colorado Revised Statutes, 44-10-307, amend(1)(j) and (4)(c); and repeal (1)(h) as follows:

• Page 10, Line 544-10-307.  Persons prohibited as licensees - definition. (1)  A license provided by this article 10 shall not be issued to or held by:

• Page 10, Line 6(h)  A person who employs another person at a medical marijuana

• Page 10, Line 7business or retail marijuana business who has not submitted fingerprints

• Page 10, Line 8for a criminal history record check or whose criminal history record check reveals that the person is ineligible;

• Page 10, Line 9(j)  A person applying for a license for a location that is currently

• Page 10, Line 10licensed as a retail food establishment, except for an application for

• Page 10, Line 11a marijuana hospitality business license issued pursuant to

• Page 10, Line 12section 44-10-609 or a retail marijuana hospitality and sales business license issued pursuant to section 44-10-610.

• Page 10, Line 13(4) (c) (I)  At the time of When filing an application for initial

• Page 10, Line 14issuance or renewal of a state medical marijuana business license or retail

• Page 10, Line 15marijuana business license, an applicant shall submit a set of his or her

• Page 10, Line 16their fingerprints and file personal history information concerning the

• Page 10, Line 17applicant's qualifications for a state license on forms prepared by the state

• Page 10, Line 18licensing authority. The state or local licensing authority or local

• Page 10, Line 19jurisdiction shall submit the fingerprints to the Colorado bureau of

• Page 10, Line 20investigation for the purpose of conducting fingerprint-based criminal

• Page 10, Line 21history record checks. The Colorado bureau of investigation shall forward

• Page 11, Line 1the fingerprints to the federal bureau of investigation for the purpose of

• Page 11, Line 2conducting fingerprint-based criminal history record checks. When the

• Page 11, Line 3results of a fingerprint-based criminal history record check reveal a record

• Page 11, Line 4of arrest without a disposition, the state or local licensing authority or

• Page 11, Line 5local jurisdiction shall require an applicant or a license holder to submit

• Page 11, Line 6to a name-based judicial record check, as defined in section 22-2-119.3

• Page 11, Line 7(6)(d). The state or local licensing authority or local jurisdiction shall use

• Page 11, Line 8the information resulting from the fingerprint-based criminal history

• Page 11, Line 9record check to investigate and determine whether an applicant is

• Page 11, Line 10qualified to hold a state or local license pursuant to this article 10. The

• Page 11, Line 11state or local licensing authority or local jurisdiction may verify any of the information an applicant is required to submit.

• Page 11, Line 12(II)  When renewing a state medical marijuana business

• Page 11, Line 13license or retail marijuana business license, the licensee shall

• Page 11, Line 14submit their name for a name-based judicial record check. The

• Page 11, Line 15state or local licensing authority or local jurisdiction shall

• Page 11, Line 16use the information resulting from the name-based judicial

• Page 11, Line 17record check to determine whether a licensee continues to be

• Page 11, Line 18qualified to hold a state or local license pursuant to this

• Page 11, Line 19article 10. The state or local licensing authority or local

• Page 11, Line 20jurisdiction may verify any of the information a licensee is required to submit to renew the license.

• Page 11, Line 21SECTION 4.  In Colorado Revised Statutes, 44-10-308, repeal (3)(a) as follows:

• Page 11, Line 2244-10-308.  Business and owner requirements - legislative

• Page 11, Line 23declaration - definition - rules. (3) (a)  All natural persons with

• Page 11, Line 24day-to-day operational control over the business must be Colorado residents.

• Page 12, Line 1SECTION 5.  In Colorado Revised Statutes, 44-10-313, amend(3), (4), (12), and (13)(c)(I)(B) as follows:

• Page 12, Line 244-10-313.  Licensing in general - rules - repeal. (3)  A medical

• Page 12, Line 3marijuana business or retail marijuana business that is not a publicly

• Page 12, Line 4traded corporation shall notify the state licensing authority in writing

• Page 12, Line 5within ten days after a controlling beneficial owner, passive beneficial

• Page 12, Line 6owner, or manager ceases to work at, manage, own, or otherwise be

• Page 12, Line 7associated with the operation. The controlling beneficial owner, passive

• Page 12, Line 8beneficial owner, or manager shall surrender to the state licensing

• Page 12, Line 9authority any identification card that may have been issued by the state licensing authority on or before the date of the notification.

• Page 12, Line 10(4)  A medical marijuana business or retail marijuana business that

• Page 12, Line 11is not a publicly traded corporation shall notify the state licensing

• Page 12, Line 12authority in writing of the name, address, and date of birth of a

• Page 12, Line 13controlling beneficial owner, passive beneficial owner, or manager before

• Page 12, Line 14the new controlling beneficial owner, passive beneficial owner, or

• Page 12, Line 15manager begins managing or associating with the operation. Any A

• Page 12, Line 16controlling beneficial owner or passive beneficial owner manager, or

• Page 12, Line 17employee must pass a fingerprint-based criminal history record check as

• Page 12, Line 18required by the state licensing authority and obtain the required

• Page 12, Line 19identification prior to before being associated with managing, or owning or working at the operation.

• Page 12, Line 20(12)  Each licensee shall manage the licensed premises himself or

• Page 12, Line 21herself personally or employ a separate and distinct manager on the

• Page 12, Line 22premises and shall report the name of the manager to the state and local

• Page 12, Line 23licensing authorities. The licensee shall report any change in manager to

• Page 13, Line 1the state and local licensing authorities prior to the change pursuant to subsection (4) of this section.

• Page 13, Line 2(13) (c) (I)  A medical marijuana cultivation facility or retail

• Page 13, Line 3marijuana cultivation facility that has obtained an approved change of

• Page 13, Line 4location from the state licensing authority may operate one license at two

• Page 13, Line 5geographical locations for the purpose of transitioning operations from one location to another if:

• Page 13, Line 6(B)  The licensed premises of both geographical locations comply

• Page 13, Line 7with all surveillance, the security and inventory tracking requirements

• Page 13, Line 8imposed by this article 10 and any rules promulgated adopted by the state licensing authority;

• Page 13, Line 9SECTION 6.  In Colorado Revised Statutes, 44-10-314, amend (1) and (2) as follows:

• Page 13, Line 1044-10-314.  License renewal - unified renewal applications -

• Page 13, Line 11rules. (1)  Ninety days prior to before the expiration date of an existing

• Page 13, Line 12medical marijuana business or retail marijuana business license, the state

• Page 13, Line 13licensing authority shall notify the licensee of the expiration date by

• Page 13, Line 14first-class mail at the licensee's address of record with the state licensing

• Page 13, Line 15authority digital communication. A licensee must apply for the

• Page 13, Line 16renewal of an existing license to the local licensing authority within the

• Page 13, Line 17time frame required by local ordinance or regulation and to the state

• Page 13, Line 18licensing authority prior to before the expiration of the license. The

• Page 13, Line 19licensee shall provide the state licensing authority with information

• Page 13, Line 20establishing that the application complies with all local requirements for

• Page 13, Line 21the renewal of a license. If a licensee submits a timely and sufficient

• Page 13, Line 22renewal application, the licensee may continue to operate until the

• Page 13, Line 23application is finally acted upon by the state licensing authority. The local

• Page 14, Line 1licensing authority may hold a hearing on the application for renewal of

• Page 14, Line 2a medical marijuana business license only if the licensee has had

• Page 14, Line 3complaints filed against it, the licensee has a history of violations, or

• Page 14, Line 4there are allegations against the licensee that would constitute good cause.

• Page 14, Line 5The local licensing authority shall not hold a renewal hearing provided

• Page 14, Line 6for by this subsection (1) for a medical marijuana store until it has posted

• Page 14, Line 7a notice of hearing on the licensed medical marijuana store premises in

• Page 14, Line 8the manner described in section 44-10-303 (2) for a period of ten days

• Page 14, Line 9and provided notice to the applicant at least ten days prior to before the

• Page 14, Line 10hearing. The local licensing authority may refuse to renew any license for good cause, subject to judicial review.

• Page 14, Line 11(2)  The state licensing authority may require an additional

• Page 14, Line 12fingerprint request applicant for a controlling beneficial owner

• Page 14, Line 13license to submit an additional fingerprint-based criminal history record check when there is a demonstrated investigative need.

• Page 14, Line 14SECTION 7.  In Colorado Revised Statutes, 44-10-401, amend (3)(a), (3)(b), and (3)(d) as follows:

• Page 14, Line 1544-10-401.  Classes of licenses. (3) (a)  Prior to accepting a court

• Page 14, Line 16appointment as a receiver, personal representative, executor,

• Page 14, Line 17administrator, guardian, conservator, trustee, or any other similarly

• Page 14, Line 18situated person to take possession of, operate, manage, or control a

• Page 14, Line 19licensed medical marijuana business or retail marijuana business, the

• Page 14, Line 20proposed appointee shall certify to the court that the proposed appointee

• Page 14, Line 21is not prohibited from being issued, pursuant to section 44-10-307 (1),

• Page 14, Line 22a medical marijuana license or retail marijuana license.pursuant to

• Page 14, Line 23section 44-10-307 (1). Within the time frame established by rules

• Page 14, Line 24promulgated adopted by the state licensing authority pursuant to section

• Page 15, Line 144-10-203 (2)(q), an appointee shall notify the state and local licensing

• Page 15, Line 2authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.

• Page 15, Line 3(b)  Upon notification of an appointment required by subsection

• Page 15, Line 4(3)(a) of this section, the state licensing authority shall issue a temporary

• Page 15, Line 5appointee registration to the appointee effective as of the date of the

• Page 15, Line 6appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and

• Page 15, Line 744-10-901, the appointee's temporary appointee registration may be

• Page 15, Line 8suspended, revoked, or subject to other sanction if the state licensing

• Page 15, Line 9authority finds the appointee to be unsuitable or if the appointee fails to

• Page 15, Line 10comply with this article 10, the rules promulgated pursuant thereto

• Page 15, Line 11adopted under this article 10, or any order of the state licensing

• Page 15, Line 12authority. If an appointee's temporary appointee registration is suspended

• Page 15, Line 13or revoked, the appointee shall immediately cease performing all

• Page 15, Line 14activities for which a license is required by this article 10. For purposes

• Page 15, Line 15of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business or retail marijuana business.

• Page 15, Line 16(d)  Unless otherwise permitted by this article 10 and rules

• Page 15, Line 17promulgated pursuant to adopted under this article 10, a person shall

• Page 15, Line 18not take possession of, operate, manage, or control a medical marijuana

• Page 15, Line 19business or retail marijuana business on behalf of another except by

• Page 15, Line 20court appointment and in accordance with this subsection (3) and rules promulgated pursuant thereto adopted under this subsection (3).

• Page 15, Line 21SECTION 8.  In Colorado Revised Statutes, 44-10-501, amend (3)(e) as follows:

• Page 15, Line 2244-10-501.  Medical marijuana store license. (3) (e) (I)  A

• Page 15, Line 23medical marijuana store that sells a hemp product shall ensure that the

• Page 16, Line 1hemp product has passed all testing required by rules promulgated

• Page 16, Line 2adopted by the state licensing authority pursuant to section 44-10-203

• Page 16, Line 3(2)(d). Prior to taking possession of the hemp product, a medical

• Page 16, Line 4marijuana store shall verify the hemp product passed all testing required

• Page 16, Line 5for medical marijuana products at a licensed medical marijuana testing

• Page 16, Line 6facility and that the person transferring the hemp product has received a

• Page 16, Line 7registration from the department of public health and environment pursuant to section 25-5-426 25-5-427.

• Page 16, Line 8(II)  Absent sampling and testing standards established by the

• Page 16, Line 9department of public health and environment for the sampling and testing

• Page 16, Line 10of a hemp product, a person transferring a hemp product to a medical

• Page 16, Line 11marijuana store pursuant to this section shall comply with sampling and

• Page 16, Line 12testing standards consistent with those established by the state licensing

• Page 16, Line 13authority pursuant to this article 10. The state licensing authority shall

• Page 16, Line 14report to the department of public health and environment any

• Page 16, Line 15investigations or findings of violations of this section by a person registered pursuant to section 25-5-426 25-5-427.

• Page 16, Line 17SECTION 9.  In Colorado Revised Statutes, 44-10-502, amend (5) and (6)(e) as follows:

• Page 16, Line 1844-10-502.  Medical marijuana cultivation facility license -

• Page 16, Line 19centralized distribution permit - obtaining genetic material - transfer

• Page 16, Line 20and change of designation of retail marijuana to medical marijuana

• Page 16, Line 21- contingency plan - rules - definitions. (5) (a)  A medical marijuana

• Page 16, Line 22cultivation facility licensee may provide a medical marijuana sample and

• Page 16, Line 23a medical marijuana concentrate sample to no more than five managers

• Page 16, Line 24employed by the licensee for purposes of quality control and product

• Page 17, Line 1development. A medical marijuana cultivation facility licensee may

• Page 17, Line 2designate no more than five managers per calendar month as recipients

• Page 17, Line 3of quality control and product development samples authorized pursuant

• Page 17, Line 4to this subsection (5)(a) an R-and-D unit to an occupational licensee.

• Page 17, Line 5(b)  Managers who receive a sample pursuant to subsection (5)(a)

• Page 17, Line 6of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).

• Page 17, Line 7(c)  A sample authorized pursuant to subsection (5)(a) of this

• Page 17, Line 8section is limited to one gram of medical marijuana per batch as defined

• Page 17, Line 9in rules promulgated by the state licensing authority and one-quarter gram

• Page 17, Line 10of a medical marijuana concentrate per batch as defined in rules

• Page 17, Line 11promulgated by the state licensing authority; except that the limit is

• Page 17, Line 12one-half gram of medical marijuana concentrate if the intended use of the

• Page 17, Line 13final medical marijuana product is to be used in a device that can deliver

• Page 17, Line 14medical marijuana concentrate in a vaporized form to the person inhaling from the device.

• Page 17, Line 15(d)  A sample authorized pursuant to subsection (5)(a) of this

• Page 17, Line 16section To provide an R-and-D unit, the R-and-D unit must be:

• Page 17, Line 17labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).

• Page 17, Line 18(I)  Labeled with the universal symbol indicating that the

• Page 17, Line 19package contains marijuana, the license number of the facility

• Page 17, Line 20that produced the R-and-D unit, the batch number, and any required warning statements;

• Page 17, Line 21(II)  Labeled to indicate that the R-and-D unit must not be

• Page 17, Line 22sold or resold;

• Page 18, Line 1(III)  Tested in accordance with the rules adopted under section 44-10-203 (2)(d);

• Page 18, Line 2(IV)  Packaged in a child-resistant container;

• Page 18, Line 3(V)  Tracked with the seed-to-sale inventory tracking system; and

• Page 18, Line 4(VI)  Provided for product development or quality control purposes.

• Page 18, Line 5(e)  A sample provided pursuant to subsection (5)(a) of this section

• Page 18, Line 6must be tracked with the seed-to-sale tracking system. Prior to a manager

• Page 18, Line 7receiving a sample, a manager must be designated in the seed-to-sale

• Page 18, Line 8tracking system as a recipient of quality control and product development

• Page 18, Line 9samples. A manager receiving a sample must make a voluntary decision

• Page 18, Line 10to be tracked in the seed-to-sale tracking system and is not a consumer

• Page 18, Line 11pursuant to section 16 (5)(c) of article XVIII of the state constitution. The

• Page 18, Line 12medical marijuana cultivation facility licensee shall maintain

• Page 18, Line 13documentation of all samples and shall make the documentation available to the state licensing authority.

• Page 18, Line 14(f)  Prior to a manager receiving a sample pursuant to subsection

• Page 18, Line 15(5)(a) of this section, a medical marijuana cultivation facility licensee

• Page 18, Line 16shall provide a standard operating procedure to the manager explaining

• Page 18, Line 17requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.

• Page 18, Line 18(g)  A manager shall not:

• Page 18, Line 19(I)  Receive more than one ounce total of medical marijuana

• Page 18, Line 20samples or fifteen grams of medical marijuana concentrate samples per

• Page 18, Line 21calendar month, regardless of the number of licenses that the manager is

• Page 18, Line 22associated with; or

• Page 19, Line 1(II)  Provide or resell the sample to another licensed employee, a customer, or any other individual.

• Page 19, Line 2(h)  A medical marijuana cultivation facility licensee shall not:

• Page 19, Line 3(I)  Allow a manager to consume the sample an R-and-D unit to be consumed on the licensed premises; or

• Page 19, Line 4(II)  Use the sample an R-and-D unit as a means of compensation; to a manager.

• Page 19, Line 5(III)  Provide R-and-D units in a manner thatexceeds sales limitations set forth in section 44-10-501;

• Page 19, Line 6(IV)  Require an employee to accept or consume an R-and-D unit;

• Page 19, Line 7(V)  Receive compensation for an R-and-D unit;

• Page 19, Line 8(VI)  Give an R-and-D unit to a person the does not hold a

• Page 19, Line 9valid registry identification card issued pursuant to section 25-1.5-106 (9); or

• Page 19, Line 10(VII)  Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.

• Page 19, Line 11(i)  The state licensing authority may establish additional inventory

• Page 19, Line 12tracking and record keeping, including additional reporting required for

• Page 19, Line 13implementation. The medical marijuana cultivation facility licensee shall

• Page 19, Line 14maintain the information required by this subsection (5)(i) on the licensed premises for inspection by the state and local licensing authorities.

• Page 19, Line 15(j)  For purposes of this subsection (5) only, "manager" means an

• Page 19, Line 16employee of the medical marijuana business who holds a valid key

• Page 19, Line 17license or associated key license. and is currently designated pursuant to

• Page 19, Line 18state licensing authority rules as the manager of the medical marijuana

• Page 19, Line 19business.

• Page 20, Line 1(6) (e)  All security and surveillance requirements that apply to a

• Page 20, Line 2medical marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.

• Page 20, Line 3SECTION 10.  In Colorado Revised Statutes, 44-10-503, amend(2), (5)(b), and (10) as follows:

• Page 20, Line 444-10-503.  Medical marijuana products manufacturer license

• Page 20, Line 5- hemp products - R-and-D units - transfer and change of designation

• Page 20, Line 6of retail marijuana to medical marijuana - rules - definition.

• Page 20, Line 7(2)  Medical marijuana products must be prepared on a licensed premises

• Page 20, Line 8that is used exclusively for the manufacture and preparation of medical

• Page 20, Line 9marijuana products and using equipment that is used exclusively for the

• Page 20, Line 10manufacture and preparation of medical marijuana products unless

• Page 20, Line 11permitted by rule adopted by the state licensing authority

• Page 20, Line 12under section 44-10-203 (1)(m); except that, subject to rules of the state

• Page 20, Line 13licensing authority, a medical marijuana products manufacturer licensee

• Page 20, Line 14may share the same premises as a commonly owned marijuana research

• Page 20, Line 15and development licensee so long as virtual or physical separation of inventory and research activity is maintained.

• Page 20, Line 16(5) (b) (I)  A medical marijuana products manufacturer that uses

• Page 20, Line 17a hemp product as an ingredient in a medical marijuana product shall

• Page 20, Line 18ensure that the hemp product has passed all testing required by rules

• Page 20, Line 19promulgated adopted by the state licensing authority pursuant to section

• Page 20, Line 2044-10-203 (2)(d). Prior to taking possession of the hemp product, a

• Page 20, Line 21medical marijuana products manufacturer shall verify the hemp product

• Page 20, Line 22passed all testing required for medical marijuana products at a licensed

• Page 20, Line 23medical marijuana testing facility and that the person transferring the

• Page 20, Line 24hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426 25-5-427.

• Page 21, Line 1(II)  Absent sampling and testing standards established by the

• Page 21, Line 2department of public health and environment for the sampling and testing

• Page 21, Line 3of a hemp product, a person transferring a hemp product to a medical

• Page 21, Line 4marijuana products manufacturer pursuant to this section shall comply

• Page 21, Line 5with sampling and testing standards consistent with those established by

• Page 21, Line 6the state licensing authority pursuant to this article 10. The state licensing

• Page 21, Line 7authority shall report to the department of public health and environment

• Page 21, Line 8any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426 25-5-427.

• Page 21, Line 9(10) (a)  A medical marijuana products manufacturer licensee may

• Page 21, Line 10provide a medical marijuana concentrate and a medical marijuana product

• Page 21, Line 11sample to no more than five managers employed by the licensee for

• Page 21, Line 12purposes of quality control and product development. A medical

• Page 21, Line 13marijuana products manufacturer licensee may designate no more than

• Page 21, Line 14five managers per calendar month as recipients of quality control and

• Page 21, Line 15product development samples authorized pursuant to this subsection (10)(a) an R-and-D unit to an occupational licensee.

• Page 21, Line 16(b)  Managers who receive a sample pursuant to subsection (10)(a)

• Page 21, Line 17of this section must have a valid registry identification card issued pursuant to section 25-1.5-106 (9).

• Page 21, Line 18(c)  A sample authorized pursuant to subsection (10)(a) of this

• Page 21, Line 19section is limited to one serving size of edible medical marijuana product

• Page 21, Line 20and its applicable equivalent serving size of nonedible medical marijuana

• Page 21, Line 21product per batch as defined in rules promulgated by the state licensing

• Page 21, Line 22authority and one-quarter gram of medical marijuana concentrate per

• Page 21, Line 23batch as defined in rules promulgated by the state licensing authority;

• Page 22, Line 1except that the limit is one-half gram of medical marijuana concentrate

• Page 22, Line 2if the intended use of the final product is to be used in a device that can

• Page 22, Line 3be used to deliver medical marijuana concentrate in a vaporized form to the person inhaling from the device.

• Page 22, Line 4(d)  A sample authorized pursuant to subsection (10)(a) of this

• Page 22, Line 5section To provide an R-and-D unit, the R-and-D unit must be:

• Page 22, Line 6labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).

• Page 22, Line 7(I)  Labeled with the universal symbol indicating that the

• Page 22, Line 8package contains marijuana, the license number of the facility

• Page 22, Line 9that produced the R-and-D unit, the batch number, and any required warning statements;

• Page 22, Line 10(II)  Labeled to indicate that the R-and-D unit must not be sold or resold;

• Page 22, Line 11(III)  Tested in accordance with the rules adopted under section 44-10-203 (2)(d);

• Page 22, Line 12(IV)  Packaged in a child-resistant container;

• Page 22, Line 13(V)  Tracked with the seed-to-sale inventory tracking system; and

• Page 22, Line 14(VI)  Provided for product development or quality control.

• Page 22, Line 15(e)  A sample provided pursuant to subsection (10)(a) of this

• Page 22, Line 16section must be tracked with the seed-to-sale tracking system. Prior to a

• Page 22, Line 17manager receiving a sample, a manager must be designated in the

• Page 22, Line 18seed-to-sale tracking system as a recipient of quality control and product

• Page 22, Line 19development samples. A manager receiving a sample must make a

• Page 22, Line 20voluntary decision to be tracked in the seed-to-sale tracking system and

• Page 23, Line 1is not a consumer pursuant to section 16 (5)(c) of article XVIII of the

• Page 23, Line 2state constitution. The medical marijuana products manufacturer licensee

• Page 23, Line 3shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.

• Page 23, Line 4(f)  Prior to a manager receiving a sample pursuant to subsection

• Page 23, Line 5(10)(a) of this section, a medical marijuana products manufacturer

• Page 23, Line 6licensee shall provide a standard operating procedure to the manager

• Page 23, Line 7explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.

• Page 23, Line 8(g)  A manager shall not:

• Page 23, Line 9(I)  Receive more than a total of fifteen grams of medical

• Page 23, Line 10marijuana concentrate or fourteen individual serving-size edibles or its

• Page 23, Line 11applicable equivalent in nonedible medical marijuana products per

• Page 23, Line 12calendar month, regardless of the number of licenses that the manager is associated with; or

• Page 23, Line 13(II)  Provide to or resell the sample to another licensed employee, a customer, or any other individual.

• Page 23, Line 14(h)  A medical marijuana products manufacturer licensee shall not:

• Page 23, Line 15(I)  Allow a manager to consume the sample an R-and-D unit to be consumed on the licensed premises; or

• Page 23, Line 16(II)  Use the sample an R-and-D unit as a means of compensation; to a manager.

• Page 23, Line 17(III)  Provide R-and-D units in a manner thatexceeds sales limitations set forth in section 44-10-601;

• Page 23, Line 18(IV)  Require an employee to accept or consume an R-and-D unit;

• Page 23, Line 19(V)  Receive compensation for an R-and-D unit;

• Page 24, Line 1(VI)  Give an R-and-D unit to a person that does not hold

• Page 24, Line 2a valid registry identification card issued pursuant to section 25-1.5-106 (9); or

• Page 24, Line 3(VII)  Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.

• Page 24, Line 4(i)  The state licensing authority may establish additional inventory

• Page 24, Line 5tracking and record keeping, including additional reporting required for

• Page 24, Line 6implementation. The medical marijuana products manufacturer licensee

• Page 24, Line 7shall maintain the information required by this subsection (10)(i) on the

• Page 24, Line 8licensed premises for inspection by the state and local licensing authorities.

• Page 24, Line 9(j)  For purposes of this subsection (10) only, "manager" means an

• Page 24, Line 10employee of the medical marijuana products manufacturer who holds a

• Page 24, Line 11valid key license or associated key license and is currently designated

• Page 24, Line 12pursuant to state licensing authority rules as the manager of the medical marijuana products manufacturer.

• Page 24, Line 14SECTION 11.  In Colorado Revised Statutes, 44-10-601, amend (3)(c) as follows:

• Page 24, Line 1544-10-601.  Retail marijuana store license - rules - definitions.

• Page 24, Line 16(3) (c) (I)  A retail marijuana store that sells a hemp product shall ensure

• Page 24, Line 17that the hemp product has passed all testing required by rules promulgated

• Page 24, Line 18adopted by the state licensing authority pursuant to section 44-10-203

• Page 24, Line 19(2)(d). Prior to taking possession of the hemp product, a retail marijuana

• Page 24, Line 20store shall verify the hemp product passed all testing required for retail

• Page 24, Line 21marijuana products at a licensed retail marijuana testing facility and that

• Page 24, Line 22the person transferring the hemp product has received a registration from

• Page 25, Line 1the department of public health and environment pursuant to section 25-5-426 25-5-427.

• Page 25, Line 2(II)  Absent sampling and testing standards established by the

• Page 25, Line 3department of public health and environment for the sampling and testing

• Page 25, Line 4of a hemp product, a person transferring a hemp product to a retail

• Page 25, Line 5marijuana store pursuant to this section shall comply with sampling and

• Page 25, Line 6testing standards consistent with those established by the state licensing

• Page 25, Line 7authority pursuant to this article 10. The state licensing authority shall

• Page 25, Line 8report to the department of public health and environment any

• Page 25, Line 9investigations or findings of violations of this section by a person registered pursuant to section 25-5-426 25-5-427.

• Page 25, Line 10SECTION 12.  In Colorado Revised Statutes, 44-10-602, amend

• Page 25, Line 11(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 25, Line 1244-10-602.  Retail marijuana cultivation facility license -

• Page 25, Line 13R-and-D units - centralized distribution permit - genetic material -

• Page 25, Line 14transfer and change of designation of retail marijuana to medical

• Page 25, Line 15marijuana - contingency plan - rules - definitions. (6) (a)  A retail

• Page 25, Line 16marijuana cultivation facility licensee may provide a retail marijuana

• Page 25, Line 17sample and a retail marijuana concentrate sample to no more than five

• Page 25, Line 18managers employed by the licensee for purposes of quality control and

• Page 25, Line 19product development. A retail marijuana cultivation facility licensee may

• Page 25, Line 20designate no more than five managers per calendar month as recipients

• Page 25, Line 21of quality control and product development samples authorized pursuant

• Page 25, Line 22to this subsection (6)(a) an R-and-D unit to an occupational licensee.

• Page 25, Line 23(c)  A sample authorized pursuant to subsection (6)(a) of this

• Page 26, Line 1section is limited to one gram of retail marijuana per batch as defined in

• Page 26, Line 2rules promulgated by the state licensing authority, and one-quarter gram

• Page 26, Line 3of a retail marijuana concentrate per batch as defined in rules

• Page 26, Line 4promulgated by the state licensing authority; except that the limit is

• Page 26, Line 5one-half gram of retail marijuana concentrate if the intended use of the

• Page 26, Line 6final product is to be used in a device that can be used to deliver retail

• Page 26, Line 7marijuana concentrate in a vaporized form to the person inhaling from the device.

• Page 26, Line 8(d)  A sample authorized pursuant to subsection (6)(a) of this

• Page 26, Line 9section To provide an R-and-D unit, the R-and-D unit must be:

• Page 26, Line 10labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).

• Page 26, Line 11(I)  Labeled with the universal symbol indicating that the

• Page 26, Line 12package contains marijuana, the license number of the facility

• Page 26, Line 13that produced the R-and-D unit, the batch number, and any required warning statements;

• Page 26, Line 14(II)  Labeled to indicate that the R-and-D unit must not be sold or resold;

• Page 26, Line 15(III)  Tested in accordance with the rules adopted under section 44-10-203 (2)(d);

• Page 26, Line 16(IV)  Packaged in a child-resistant container;

• Page 26, Line 17(V)  Tracked with the seed-to-sale inventory tracking system; and

• Page 26, Line 18(VI)  Provided for product development or quality control.

• Page 26, Line 19(e)  A sample provided pursuant to subsection (6)(a) of this section

• Page 26, Line 20must be tracked with the seed-to-sale tracking system. Prior to a manager

• Page 27, Line 1receiving a sample, a manager must be designated in the seed-to-sale

• Page 27, Line 2tracking system as a recipient of quality control and product development

• Page 27, Line 3samples. A manager receiving a sample must make a voluntary decision

• Page 27, Line 4to be tracked in the seed-to-sale tracking system and is not a consumer

• Page 27, Line 5pursuant to section 16 (5)(c) of article XVIII of the state constitution. The

• Page 27, Line 6retail marijuana cultivation facility licensee shall maintain documentation

• Page 27, Line 7of all samples and shall make the documentation available to the state licensing authority.

• Page 27, Line 8(f)  Prior to a manager receiving a sample pursuant to subsection

• Page 27, Line 9(6)(a) of this section, a retail marijuana cultivation facility licensee shall

• Page 27, Line 10provide a standard operating procedure to the manager explaining

• Page 27, Line 11requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.

• Page 27, Line 12(g)  A manager shall not:

• Page 27, Line 13(I)  Receive more than one ounce total of retail marijuana or eight

• Page 27, Line 14grams of retail marijuana concentrate samples per calendar month,

• Page 27, Line 15regardless of the number of licenses that the manager is associated with; or

• Page 27, Line 16(II)  Provide to or resell the sample to another licensed employee, a customer, or any other individual.

• Page 27, Line 17(h)  A retail marijuana cultivation facility licensee shall not:

• Page 27, Line 18(I)  Allow a manager to consume the sample an R-and-D unit to be consumed on the licensed premises; or

• Page 27, Line 19(II)  Use the sample an R-and-D unit as a means of compensation; to a manager.

• Page 27, Line 20(III)  Provide R-and-D units in a manner that would violate

• Page 27, Line 21section 18-18-406;

• Page 28, Line 1(IV)  Require an employee to accept or consume an R-and-D unit;

• Page 28, Line 2(V)  Receive compensation for an R-and-D unit; or

• Page 28, Line 3(VII)  Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.

• Page 28, Line 4(i)  The state licensing authority may establish additional inventory

• Page 28, Line 5tracking and record keeping, including additional reporting required for

• Page 28, Line 6implementation. The retail marijuana cultivation facility licensee shall

• Page 28, Line 7maintain the information required by this subsection (6)(i) on the licensed premises for inspection by the state and local licensing authorities.

• Page 28, Line 8(j)  For purposes of this subsection (6) only, "manager" means an

• Page 28, Line 9employee of the retail marijuana cultivation facility who holds a valid key

• Page 28, Line 10license or associated key license and is currently designated pursuant to

• Page 28, Line 11state licensing authority rules as the manager of the retail marijuana cultivation facility.

• Page 28, Line 12(7) (e)  All security and surveillance requirements that apply to a

• Page 28, Line 13retail marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.

• Page 28, Line 14SECTION 13.  In Colorado Revised Statutes, 44-10-603, amend (2) introductory portion, (10), and (11) as follows:

• Page 28, Line 1544-10-603.  Retail marijuana products manufacturer license -

• Page 28, Line 16rules - definition. (2)  Retail marijuana products must be prepared on a

• Page 28, Line 17licensed premises that is used exclusively for the manufacture and

• Page 28, Line 18preparation of retail marijuana or retail marijuana products and using

• Page 28, Line 19equipment that is used exclusively for the manufacture and preparation

• Page 28, Line 20of retail marijuana products unless permitted by rule adopted by the

• Page 28, Line 21state licensing authority under section 44-10-203 (1)(m); except

• Page 29, Line 1that, if permitted by the local jurisdiction and subject to rules of the state

• Page 29, Line 2licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:

• Page 29, Line 3(10) (a)  A retail marijuana products manufacturer licensee may

• Page 29, Line 4provide a retail marijuana product sample and a retail marijuana

• Page 29, Line 5concentrate sample to no more than five managers employed by the

• Page 29, Line 6licensee for purposes of quality control and product development. A retail

• Page 29, Line 7marijuana products manufacturer licensee may designate no more than

• Page 29, Line 8five managers per calendar month as recipients of quality control and

• Page 29, Line 9product development samples authorized pursuant to this subsection (10)(a) an R-and-D unit to an occupational licensee.

• Page 29, Line 10(b)  A sample authorized pursuant to subsection (10)(a) of this

• Page 29, Line 11section is limited to one serving size of an edible retail marijuana product

• Page 29, Line 12not exceeding ten milligrams of THC and its applicable equivalent

• Page 29, Line 13serving size of nonedible retail marijuana product per batch as defined in

• Page 29, Line 14rules promulgated by the state licensing authority and one-quarter gram

• Page 29, Line 15of retail marijuana concentrate per batch as defined in rules promulgated

• Page 29, Line 16by the state licensing authority; except that the limit is one-half gram of

• Page 29, Line 17retail marijuana concentrate if the intended use of the final product is to

• Page 29, Line 18be 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 29, Line 19(c)  A sample authorized pursuant to subsection (10)(a) of this

• Page 29, Line 20section To provide an R-and-D unit, the R-and-D unit must be:

• Page 29, Line 21labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).

• Page 29, Line 22(I)  Labeled with the universal symbol indicating that the

• Page 29, Line 23package contains marijuana, the license number of the facility

• Page 30, Line 1that produced the R-and-D unit, the batch number, and any required warning statements;

• Page 30, Line 2(II)  Labeled to indicate that the R-and-D unit must not be sold or resold;

• Page 30, Line 3(III)  Tested in accordance with the rules adopted under section 44-10-203 (2)(d);

• Page 30, Line 4(IV)  Packaged in a child-resistant container;

• Page 30, Line 5(V)  Tracked with the seed-to-sale inventory tracking system; and

• Page 30, Line 6(VI)  Provided for product development or quality control.

• Page 30, Line 7(d)  A sample provided pursuant to subsection (10)(a) of this

• Page 30, Line 8section must be tracked with the seed-to-sale tracking system. Prior to a

• Page 30, Line 9manager receiving a sample, a manager must be designated in the

• Page 30, Line 10seed-to-sale tracking system as a recipient of quality control and product

• Page 30, Line 11development samples. A manager receiving a sample must make a

• Page 30, Line 12voluntary decision to be tracked in the seed-to-sale tracking system and

• Page 30, Line 13is not a consumer pursuant to section 16 (5)(c) of article XVIII of the

• Page 30, Line 14state constitution. The retail marijuana products manufacturer licensee

• Page 30, Line 15shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.

• Page 30, Line 16(e)  Prior to a manager receiving a sample pursuant to subsection

• Page 30, Line 17(10)(a) of this section, a retail marijuana products manufacturer licensee

• Page 30, Line 18shall provide a standard operating procedure to the manager explaining

• Page 30, Line 19requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.

• Page 30, Line 20(f)  A manager shall not:

• Page 31, Line 1(I)  Receive more than a total of eight grams of retail marijuana

• Page 31, Line 2concentrate or fourteen individual serving-size edibles or its applicable

• Page 31, Line 3equivalent in nonedible retail marijuana products per calendar month,

• Page 31, Line 4regardless of the number of licenses that the manager is associated with; or

• Page 31, Line 5(II)  Provide to or resell the sample to another licensed employee, a customer, or any other individual.

• Page 31, Line 6(g)  A retail marijuana products manufacturing manufacturer licensee shall not:

• Page 31, Line 7(I)  Allow a manager to consume the sample an R-and-D unit to be consumed on the licensed premises; or

• Page 31, Line 8(II)  Use the sample an R-and-D unit as a means of compensation; to a manager.

• Page 31, Line 9(III)  Provide R-and-D units in a manner that would violate section 18-18-406;

• Page 31, Line 10(IV)  Require an employee to accept or consume an R-and-D unit;

• Page 31, Line 11(V)  Receive compensation for an R-and-D unit; or

• Page 31, Line 12(VII)  Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.

• Page 31, Line 13(h)  The state licensing authority may establish additional

• Page 31, Line 14inventory tracking and record keeping, including additional reporting

• Page 31, Line 15required for implementation. The retail marijuana products manufacturer

• Page 31, Line 16licensee shall maintain the information required by this subsection (10)(h)

• Page 31, Line 17on the licensed premises for inspection by the state and local licensing authorities.

• Page 31, Line 18(i)  For purposes of this subsection (10) only, "manager" means an

• Page 32, Line 1employee of the retail marijuana products manufacturer who holds a valid

• Page 32, Line 2key license or associated key license and is currently designated pursuant

• Page 32, Line 3to state licensing authority rules as the manager of the retail marijuana products manufacturer.

• Page 32, Line 4(11) (a)  A retail marijuana products manufacturer that uses a

• Page 32, Line 5hemp product as an ingredient in a retail marijuana product shall ensure

• Page 32, Line 6that the hemp product has passed all testing required by rules promulgated

• Page 32, Line 7adopted by the state licensing authority pursuant to section 44-10-203

• Page 32, Line 8(2)(d). Prior to taking possession of the hemp product, a retail marijuana

• Page 32, Line 9products manufacturer shall verify that the hemp product passed all

• Page 32, Line 10testing required for retail marijuana products at a licensed retail marijuana

• Page 32, Line 11testing facility and that the person transferring the hemp product has

• Page 32, Line 12received a registration from the department of public health and environment pursuant to section 25-5-426 25-5-427.

• Page 32, Line 13(b)  Absent sampling and testing standards established by the

• Page 32, Line 14department of public health and environment for the sampling and testing

• Page 32, Line 15of a hemp product, a person transferring a hemp product to a retail

• Page 32, Line 16marijuana products manufacturer pursuant to this section shall comply

• Page 32, Line 17with sampling and testing standards consistent with those established by

• Page 32, Line 18the state licensing authority pursuant to this article 10. The state licensing

• Page 32, Line 19authority shall report to the department of public health and environment

• Page 32, Line 20any investigations or findings in violation of this section by a person registered pursuant to section 25-5-426 25-5-427.

• Page 32, Line 21SECTION 14.  In Colorado Revised Statutes, 44-10-604, amend (1)(a) as follows:

• Page 32, Line 2244-10-604.  Retail marijuana testing facility license - rules.

• Page 32, Line 23(1) (a)  A retail marijuana testing facility license may be issued to a

• Page 33, Line 1person who performs testing and research on retail marijuana and

• Page 33, Line 2industrial hemp as regulated by article 61 of title 35 and hemp products

• Page 33, Line 3as regulated by part 4 of article 5 of title 25. The facility may develop and

• Page 33, Line 4test retail marijuana products, industrial hemp as regulated by article 61

• Page 33, Line 5of title 35, and hemp products as regulated by part 4 of article 5 of title

• Page 33, Line 625. Prior to performing testing on industrial hemp, a facility shall verify

• Page 33, Line 7that the person requesting the testing has received a registration from the

• Page 33, Line 8commissioner as required by section 35-61-104. Prior to performing

• Page 33, Line 9testing on hemp products, a facility shall verify that the person requesting

• Page 33, Line 10the testing has received a registration as required by section 25-5-426 25-5-427.

• Page 33, Line 11SECTION 15.  In Colorado Revised Statutes, 44-10-701, amend (2)(d); and repeal (2)(b) and (2)(e) as follows:

• Page 33, Line 1244-10-701.  Unlawful acts - exceptions. (2)  It is unlawful for a person to:

• Page 33, Line 13(b)  Have a controlling beneficial ownership, passive beneficial

• Page 33, Line 14ownership, or indirect financial interest in a license pursuant to this article

• Page 33, Line 1510 that was not disclosed in accordance with section 44-10-309; except

• Page 33, Line 16that this subsection (2)(b) does not apply to banks or savings and loan

• Page 33, Line 17associations supervised and regulated by an agency of the state or federal

• Page 33, Line 18government, or to FHA-approved mortgagees, or to stockholders, directors, or officers thereof;

• Page 33, Line 19(d)  Exercise any privilege associated with holding a controlling

• Page 33, Line 20beneficial ownership, passive beneficial ownership, or indirect financial

• Page 33, Line 21interest in a license that was not disclosed in accordance with section 44-10-309. or

• Page 33, Line 22(e)  Engage in transfer of ownership without prior approval as required by this article 10, including but not limited to:

• Page 34, Line 1(I)  A proposed transferee operating a medical marijuana business

• Page 34, Line 2or retail marijuana business before a transfer of ownership request for that business is approved in writing by the state licensing authority; or

• Page 34, Line 3(II)  A current controlling beneficial owner, passive beneficial

• Page 34, Line 4owner, or proposed transferor failing to retain full responsibility for a

• Page 34, Line 5medical marijuana business or retail marijuana business identified in the

• Page 34, Line 6transfer of ownership application until the transfer request is approved in writing by the state licensing authority.

• Page 34, Line 7SECTION 16.  In Colorado Revised Statutes, 44-10-801, amend

• Page 34, Line 8(3)(a) introductory portion, (3)(a)(IV), and (3)(a)(V); and add (3)(a)(VI) as follows:

• Page 34, Line 944-10-801.  Marijuana cash fund - transfer. (3) (a)  The state

• Page 34, Line 10licensing authority shall establish fees for processing the following types

• Page 34, Line 11of applications, licenses, notices, requests, or reports required to be submitted to the state licensing authority:

• Page 34, Line 12(IV)  License renewal and expired license renewal applications pursuant to section 44-10-314; and

• Page 34, Line 13(V)  Licenses as listed in section 44-10-401; and

• Page 34, Line 14(VI)  Requests for copies of a license application submitted by the applicant.

• Page 34, Line 15SECTION 17.  In Colorado Revised Statutes, 44-10-1001, add (4) as follows:

• Page 34, Line 1644-10-1001.  Inspection procedures. (4)  Notwithstanding the provisions of this section:

• Page 34, Line 17(a)  If a licensee is required to maintain books and records

• Page 34, Line 18in the seed-to-sale inventory tracking system, the licensee need not maintain duplicate copies of the books and records; and

• Page 35, Line 1(b)  The state licensing authority may require the licensee

• Page 35, Line 2to maintain additional records beyond those required by this

• Page 35, Line 3article 10 or the rules adopted under this article 10 upon a

• Page 35, Line 4finding of a violation by the licensee or by an agent or employee

• Page 35, Line 5of the licensee of this article 10 or a rule adopted under this article 10.

• Page 35, Line 6SECTION 18.  In Colorado Revised Statutes, 44-10-1201, amend (2) introductory portion as follows:

• Page 35, Line 744-10-1201.  Responsible vendor program - standards -

• Page 35, Line 8designation. (2)  An approved training program must contain, at a

• Page 35, Line 9minimum, the following standards and be taught in a classroom setting in

• Page 35, Line 10a minimum of a two-hour for a minimum time period as determined by rule:

• Page 35, Line 11SECTION19.Appropriation - adjustments to 2025 long bill.

• Page 35, Line 12(1)  Except as provided in subsection (2) of this section, to implement this

• Page 35, Line 13act, the cash fund appropriation from the marijuana cash fund created in

• Page 35, Line 14section 44-10-801 (1)(a), C.R.S., made in the annual general

• Page 35, Line 15appropriation act for the 2025-26 state fiscal year to the department of

• Page 35, Line 16revenue for use by the marijuana enforcement division for operating expenses is decreased by $25,883.

• Page 35, Line 17(2)  Subsection (1) of this section does not require a reduction of

• Page 35, Line 18an appropriation in the annual general appropriation act for the 2025-26 state fiscal year if:

• Page 35, Line 19(a)  The amount of the marijuana cash fund appropriation made in

• Page 35, Line 20the annual general appropriation act for the 2025-26 state fiscal year to

• Page 35, Line 21the department of revenue for use by the marijuana enforcement division

• Page 36, Line 1for operating expenses is less than the amount of the adjustment required in subsection (1) of this section; or

• Page 36, Line 2(b)  The annual general appropriation act for the 2025-26 state

• Page 36, Line 3fiscal year does not include an appropriation to the department of revenue for use by the marijuana enforcement division for operating expenses.

• Page 36, Line 4(3)  Except as provided in subsections (4) and 5 of this section, to

• Page 36, Line 5implement this act, the cash fund appropriation from the Colorado bureau

• Page 36, Line 6of investigation identification unit fund created in section 24-33.5-426,

• Page 36, Line 7C.R.S., made in the annual general appropriation act for the 2025-26 state

• Page 36, Line 8fiscal year to the department of public safety for use by the biometric identification and records unit is decreased as follows:

• Page 36, Line 9(a)$156,758for personal services, and the related FTE is decreased by 1.5 FTE; and

• Page 36, Line 10(b) $95,887 for operating expenses related to the biometric identification and records unit.

• Page 36, Line 11(4)  Subsection (3)(a) of this section does not require a reduction

• Page 36, Line 12of an appropriation in the annual general appropriation act for the 2025-26 state fiscal year if:

• Page 36, Line 13(a)  The amount of the Colorado bureau of investigation

• Page 36, Line 14identification unit fund appropriation made in the annual general

• Page 36, Line 15appropriation act for the 2025-26 state fiscal year to the department of

• Page 36, Line 16public safety for use by the biometric identification and records unit for

• Page 36, Line 17personal services is less than the amount of the adjustment required in subsection (3)(a) of this section; or

• Page 36, Line 18(b)  The annual general appropriation act for the 2025-26 state

• Page 36, Line 19fiscal year does not include an appropriation to the department of public

• Page 36, Line 20safety for use by the biometric identification and records unit for personal services.

• Page 37, Line 1(5) Subsection (3)(b) of this section does not require a reduction

• Page 37, Line 2of an appropriation in the annual general appropriation act for the 2025-26 state fiscal year if:

• Page 37, Line 3(a) The amount from the Colorado bureau of investigation

• Page 37, Line 4identification unit fund appropriation made in the annual general

• Page 37, Line 5appropriation act for the 2025-26 state fiscal year to the department of

• Page 37, Line 6public safety for use by the biometric identification and records unit for

• Page 37, Line 7operating expenses is less than the amount of the adjustment required in subsection (3)(b) of this section; or

• Page 37, Line 8(b) The annual general appropriation act for the 2025-26 state

• Page 37, Line 9fiscal year does not include an appropriation to the department of public

• Page 37, Line 10safety for use by the biometric identification and records unit for operating expenses.

• Page 37, Line 11SECTION 20.  Act subject to petition - effective date -

• Page 37, Line 12applicability. (1)  This act takes effect January 5, 2026; except that, if a

• Page 37, Line 13referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 37, Line 14state constitution against this act or an item, section, or part of this act

• Page 37, Line 15within the ninety-day period after final adjournment of the general

• Page 37, Line 16assembly, then the act, item, section, or part will not take effect unless

• Page 37, Line 17approved by the people at the general election to be held in November

• Page 37, Line 182026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

• Page 37, Line 19(2) Section19of this act takes effect only if the annual general

• Page 37, Line 20appropriation act for the 2025-26 state fiscal year becomes law, in which

• Page 37, Line 21case section19takes effect upon the effective date of this act or of the

• Page 37, Line 22annual general appropriation act for state fiscal year 2025-26, whichever is later.

• Page 38, Line 1(3)  This act applies to conduct occurring on or after the applicable effective date of this act.