Unless the context otherwise requires, any terms
not defined in this article 28.8 have the meanings set forth in article 26 of this title
39. As used in this article 28.8, unless the context otherwise requires:
(1) Affiliated marijuana business licensees means marijuana business
licensees that are owned or controlled by the same or related interests, where
related interests includes individuals who are related by blood or marriage or
entities that are directly or indirectly controlled by an entity or individual or related
individuals.
(1.5) Average market rate means the average price, as determined by the
department on a quarterly basis, of all unprocessed retail marijuana that is sold or
transferred from retail marijuana cultivation facilities in the state to retail marijuana
product manufacturing facilities or retail marijuana stores, less taxes paid on the
sales or transfers. An average market rate may be based on the purchaser or
transferee of unprocessed retail marijuana or on the nature of the unprocessed
retail marijuana that is sold or transferred. The average market rate must include
one or more rates that cover unprocessed marijuana that is allocated to extractions,
and the initial rates for these product types must be lower than the rate for
unprocessed marijuana that is allocated for direct sale to consumers.
(2) Consumer means a person twenty-one years of age or older who
purchases retail marijuana or retail marijuana products for personal use by persons
twenty-one years of age or older but not for resale to others.
(2.5) Contract price means the invoice price charged by a retail marijuana
cultivation facility to each licensed purchaser for each sale or transfer of
unprocessed retail marijuana, exclusive of any tax that is included in the written
invoice price, and exclusive of any discount or other reduction. In the case of
multiple invoices reflecting multiple prices for the same transaction, contract
price is the highest such price.
(3) Department means the department of revenue.
(4) Hemp has the meaning set forth in section 35-61-101 (7).
(5) Local government means a county, municipality, or city and county.
(6) Medical marijuana store means an entity licensed by the department to
sell marijuana and marijuana products pursuant to section 14 of article XVIII of the
state constitution and the Colorado Marijuana Code, article 10 of title 44, or its
predecessor codes.
(7) (a) (I) Retail marijuana means all parts of the plant of the genus
cannabis whether growing or not, the seeds of the plant, the resin extracted from
any part of the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate;
(II) Retail marijuana includes:
(A) A nonintoxicating cannabinoid, as defined in section 44-10-103 (42.5),
produced from retail marijuana;
(B) A potentially intoxicating cannabinoid, as defined in section 44-10-103
(48.5), produced from retail marijuana; and
(C) An intoxicating cannabinoid, as defined in section 44-10-103 (22.5),
produced from retail marijuana.
(b) Retail marijuana does not include hemp, nor does it include fiber
produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed
of the plant that is incapable of germination, or the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink, or
other product.
(8) Retail marijuana cultivation facility means an entity licensed to
cultivate, prepare, and package retail marijuana and sell retail marijuana to retail
marijuana stores, to retail marijuana product manufacturing facilities, and to other
retail marijuana cultivation facilities, but not to consumers.
(9) Retail marijuana products means concentrated retail marijuana
products and retail marijuana products that are comprised of retail marijuana and
other ingredients and are intended for use or consumption, such as, but not limited
to, edible products, ointments, and tinctures.
(10) Retail marijuana product manufacturing facility means an entity
licensed to purchase retail marijuana; manufacture, prepare, and package retail
marijuana products; and sell retail marijuana and retail marijuana products to other
retail marijuana product manufacturing facilities and to retail marijuana stores, but
not to consumers.
(11) Retail marijuana sales tax means the sales tax imposed on retail
marijuana and retail marijuana products pursuant to part 2 of this article.
(12) Retail marijuana store means an entity licensed by the department to
purchase retail marijuana from retail marijuana cultivation facilities and retail
marijuana and retail marijuana products from retail marijuana product
manufacturing facilities and to sell retail marijuana and retail marijuana products to
consumers.
(12.5) Retail marijuana taxes means the retail marijuana excise tax
imposed under section 39-28.8-302 and the retail marijuana sales tax imposed
under section 39-28.8-202.
(13) Sale means any exchange or barter, in any manner or by any means
whatsoever, for consideration.
(14) Transfer means to grant, convey, hand over, assign, sell, exchange, or
barter, in any manner or by any means, with or without consideration.
(15) Unprocessed retail marijuana means marijuana at the time of the first
transfer or sale from a retail marijuana cultivation facility to a retail marijuana
product manufacturing facility or a retail marijuana store.