§ 44-10-103 — Definitions - rules
As used in this article 10, unless the context otherwise requires:
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As used in this article 10, unless the context
otherwise requires:
(1) Accelerator cultivator means a social equity licensee qualified to
participate in the accelerator program established pursuant to this article 10 and
authorized pursuant to rule to exercise the privileges of a retail marijuana
cultivation facility on the premises of an accelerator-endorsed retail marijuana
cultivation facility licensee.
(2) Accelerator-endorsed licensee means a retail marijuana cultivation
facility licensee, retail marijuana products manufacturer licensee, or retail
marijuana store who has, pursuant to rule, been endorsed to host and offer
technical and capital support to a social equity licensee pursuant to the
requirements of the accelerator program established pursuant to this article 10.
(3) Repealed.
(4) Accelerator manufacturer means a social equity licensee qualified to
participate in the accelerator program established pursuant to this article 10 and
authorized pursuant to rule to exercise the privileges of a retail marijuana products
manufacturer on the premises of an accelerator-endorsed retail marijuana products
manufacturing licensee.
(4.5) Accelerator store means a social equity licensee qualified to
participate in the accelerator program established pursuant to this article 10 and
authorized pursuant to rule to exercise the privileges of a retail marijuana store on
the premises of an accelerator-endorsed retail marijuana store licensee.
(5) Acquire, when used in connection with the acquisition of an owner's
interest of a medical marijuana business or retail marijuana business, means
obtaining ownership, control, power to vote, or sole power of disposition of the
owner's interest, directly or indirectly or through one or more transactions or
subsidiaries, through purchase, assignment, transfer, exchange, succession, or
other means.
(6) Acting in concert means knowing participation in a joint activity or
interdependent conscious parallel action toward a common goal, whether or not
pursuant to an express agreement.
(6.5) Adverse weather event means:
(a) Damaging weather, which involves a drought, a freeze, hail, excessive
moisture, excessive wind, or a tornado;
(b) An adverse natural occurrence, which involves an earthquake, wildfire, or
flood; or
(c) Any additional adverse weather event or adverse natural occurrence as
the state licensing authority may define by rule.
(7) Advertising means the act of providing consideration for the
publication, dissemination, solicitation, or circulation of visual, oral, or written
communication to directly induce any person to patronize a particular medical
marijuana business or retail marijuana business or purchase particular regulated
marijuana. Advertising does not include packaging and labeling, consumer
education materials, or branding.
(8) Affiliate of, or person affiliated with, has the same meaning as
defined in 17 CFR 230.405.
(9) Beneficial owner of, beneficial ownership of, or beneficially owns an
owner's interest is determined in accordance with 17 CFR 240.13d-3.
(10) Branding means promotion of a business's brand through publicizing
the medical marijuana business's or retail marijuana business's name, logo, or
distinct design features of the brand.
(11) Consumer education materials means any informational materials that
seek to educate consumers about regulated marijuana generally, including but not
limited to education regarding the safe consumption of marijuana, regulated
marijuana concentrate, or regulated marijuana products, provided they are not
distributed or made available to individuals under twenty-one years of age.
(12) Control, controls, controlled, controlling, controlled by, and
under common control with, means the possession, direct or indirect, of the power
to direct or cause the direction of the management or policies of a person, whether
through the ownership of voting owner's interests, by contract, or otherwise.
(13) Controlling beneficial owner is limited to a person that satisfies one or
more of the following criteria:
(a) A natural person, an entity as defined in section 7-90-102 (20) that is
organized under the laws of and for which its principal place of business is located
in one of the states or territories of the United States or District of Columbia, a
publicly traded corporation, or a qualified private fund that is not a qualified
institutional investor:
(I) Acting alone or acting in concert, that owns or acquires beneficial
ownership of ten percent or more of the owner's interest of a medical marijuana
business or retail marijuana business;
(II) That is an affiliate that controls a medical marijuana business or retail
marijuana business and includes, without limitation, any manager; or
(III) That is otherwise in a position to control the medical marijuana business
or retail marijuana business except as authorized in section 44-10-506 or 44-10-606; or
(b) A qualified institutional investor acting alone or acting in concert that
owns or acquires beneficial ownership of more than thirty percent of the owner's
interest of a medical marijuana business or retail marijuana business.
(14) Escorted means appropriately checked into a limited access area and
accompanied by a person licensed by the state licensing authority; except that
trade craftspeople not normally engaged in the business of cultivating, processing,
selling, or testing regulated marijuana need not be accompanied on a full-time
basis, but only reasonably monitored.
(15) Executive director means the executive director of the department of
revenue.
(16) Fibrous waste means any roots, stalks, and stems from a medical or
retail marijuana plant.
(16.5) (a) Genetic material means cannabis material used to propagate
cannabis plants.
(b) Genetic material includes:
(I) Immature plants containing a delta-9 tetrahydrocannabinol concentration
of no more than three-tenths of one percent on a dry weight basis;
(II) Cannabis seeds;
(III) Tissue culture; and
(IV) Small amounts or fragments of the cannabis plant containing a delta-9
tetrahydrocannabinol concentration of no more than three-tenths of one percent on
a dry-weight basis.
(17) Good cause, for purposes of refusing or denying a license renewal,
reinstatement, or initial license issuance, means:
(a) The licensee or applicant has violated, does not meet, or has failed to
comply with any of the terms, conditions, or provisions of this article 10; any rules
promulgated pursuant to this article 10; or any supplemental local law, rules, or
regulations;
(b) The licensee or applicant has failed to comply with any special terms or
conditions that were placed on its license pursuant to an order of the state or local
licensing authority;
(c) The licensed premises have been operated in a manner that adversely
affects the public health or welfare or the safety of the immediate neighborhood in
which the establishment is located.
(17.5) Hemp product has the meaning set forth in section 25-5-427 (2)(d).
(18) Immature plant means a nonflowering marijuana plant that is no taller
than fifteen inches and no wider than fifteen inches and is produced from a cutting,
clipping, or seedling.
(19) Indirect financial interest holder means a person that is not an affiliate,
a controlling beneficial owner, or a passive beneficial owner of a medical marijuana
business or retail marijuana business and that:
(a) Holds a commercially reasonable royalty interest in exchange for a
medical marijuana business's or retail marijuana business's use of the person's
intellectual property;
(b) Holds a permitted economic interest that was issued prior to January 1,
2020, and that has not been converted into an owner's interest;
(c) Is a contract counterparty with a medical marijuana business or retail
marijuana business, other than a customary employment agreement, that has a
direct nexus to the cultivation, manufacture, or sale of regulated marijuana,
including, but not limited to, a lease of real property on which the medical marijuana
business or retail marijuana business operates, a lease of equipment used in the
cultivation of regulated marijuana, a secured or unsecured financing agreement
with the medical marijuana business or retail marijuana business, a security
contract with the medical marijuana business or retail marijuana business, or a
management agreement with the medical marijuana business or retail marijuana
business, provided that no such contract compensates the contract counterparty
with a percentage of revenue for profits of the medical marijuana business or retail
marijuana business; or
(d) Is identified by rule by the state licensing authority as an indirect
financial interest holder.
(20) Industrial fiber products means intermediate or finished products
made from fibrous waste that are not intended for human or animal consumption
and are not usable or recognizable as medical or retail marijuana. Industrial fiber
products include but are not limited to cordage, paper, fuel, textiles, bedding,
insulation, construction materials, compost materials, and industrial materials.
(21) and (22) Repealed.
(22.5) Intoxicating cannabinoid means a cannabinoid that is classified as an
intoxicating cannabinoid in section 44-10-209 or by the state licensing authority by
rule, in coordination with the department of public health and environment, in
accordance with section 44-10-209 (3)(f) and (3)(g).
(23) License means to grant a license, permit, or registration pursuant to
this article 10.
(24) Licensed premises means the premises specified in an application for
a license under this article 10 that are owned or in possession of the licensee and
within which the licensee is authorized to cultivate, manufacture, distribute, sell, or
test regulated marijuana and regulated marijuana products in accordance with this
article 10.
(25) Licensee means a person licensed or registered pursuant to this
article 10.
(26) Limited access areas, subject to the provisions of section 44-10-1001,
means a building, room, or other contiguous area upon the licensed premises where
regulated marijuana and regulated marijuana products are cultivated,
manufactured, stored, weighed, packaged, sold, possessed for sale, or tested,
under control of the licensee, with access limited to only those persons licensed by
the state licensing authority and those visitors escorted by a person licensed by the
state licensing authority. All areas of ingress or egress to limited access areas must
be clearly identified as such by a sign as designated by the state licensing
authority.
(27) Local jurisdiction means a locality as defined in section 16 (2)(e) of
article XVIII of the state constitution.
(28) Local licensing authority means an authority designated by municipal,
county, or city and county charter, ordinance, or resolution, or the governing body
of a municipality or city and county, or the board of county commissioners of a
county if no such authority is designated.
(29) Location means a particular parcel of land that may be identified by an
address or other descriptive means.
(30) Manager has the same meaning as in section 7-90-102 (35.7).
(31) Marijuana accessories has the same meaning as defined in section 16
(2)(g) of article XVIII of the state constitution.
(32) Marijuana-based workforce development or training program means a
program designed to train individuals to work in the regulated marijuana industry
operated by an entity licensed under this article 10 or by a school that is authorized
by the private occupational school division.
(33) Marijuana consumer waste means any component left after the
consumption of a regulated marijuana product, including but not limited to
containers, packages, cartridges, pods, cups, batteries, all-in-one disposable
devices, and any other waste component left after the regulated marijuana is
consumed as defined by rules promulgated by the state licensing authority.
(33.5) Marijuana hospitality business means a facility, which may be
mobile, licensed to permit the consumption of marijuana pursuant to this article 10;
rules promulgated pursuant to this article 10; and the provisions of an enacted,
initiated, or referred ordinance or resolution of the local jurisdiction in which the
licensee operates.
(34) Medical marijuana means marijuana that is grown and sold pursuant
to the provisions of this article 10 and for a purpose authorized by section 14 of
article XVIII of the state constitution but shall not be considered a nonprescription
drug for purposes of section 12-280-103 (28) or 39-26-717, or an over-the-counter
medication for purposes of section 25.5-5-322. If the context requires, medical
marijuana includes medical marijuana concentrate and medical marijuana products.
(35) Medical marijuana business means any of the following entities
licensed pursuant to this article 10: A medical marijuana store, a medical marijuana
cultivation facility, a medical marijuana products manufacturer, a medical
marijuana testing facility, a marijuana research and development licensee, a
medical marijuana business operator, or a medical marijuana transporter.
(36) Medical marijuana business operator means an entity or person that is
not an owner and that is licensed to provide professional operational services to a
medical marijuana business for direct remuneration from the medical marijuana
business. A medical marijuana business operator is not, by virtue of its status as a
medical marijuana business operator, a controlling beneficial owner or a passive
beneficial owner of any medical marijuana business it operates.
(36.5) Medical marijuana concentrate means a subset of medical marijuana
that is separated from the medical marijuana plant and results in matter with a
higher concentration of cannabinoids than naturally occur in the plant. Medical
marijuana concentrate contains cannabinoids and may contain terpenes and other
chemicals that are naturally occurring in medical marijuana plants that have been
separated from medical marijuana. Medical marijuana concentrate may also include
residual amounts of the types of solvents, as permitted by the marijuana rules. The
state licensing authority may further define by rule subcategories of medical
marijuana concentrate and authorize limited ingredients based on the method of
production of medical marijuana concentrate. Unless the context otherwise
requires, medical marijuana concentrate is included when this article 10 refers to
medical marijuana product.
(37) Medical marijuana cultivation facility means a person licensed
pursuant to this article 10 to operate a business as described in section 44-10-502.
(38) Medical marijuana product means a product infused with medical
marijuana that is intended for use or consumption other than by smoking, including
but not limited to edible products, ointments, and tinctures.
(39) Medical marijuana products manufacturer means a person licensed
pursuant to this article 10 to operate a business as described in section 44-10-503.
(40) Medical marijuana store means a person licensed pursuant to this
article 10 to operate a business as described in section 44-10-501 that sells medical
marijuana to registered patients or primary caregivers as defined in section 14 of
article XVIII of the state constitution, but is not a primary caregiver.
(41) Medical marijuana transporter means an entity or person licensed to
transport medical marijuana and medical marijuana products from one medical
marijuana business to another medical marijuana business and to temporarily store
the transported medical marijuana and medical marijuana products at its licensed
premises, but not authorized to sell medical marijuana or medical marijuana
products under any circumstances.
(42) Mobile distribution center means any vehicle other than a common
passenger light-duty vehicle with a short wheel base used to carry a quantity of
marijuana greater than one ounce.
(42.5) Nonintoxicating cannabinoid means a cannabinoid that is classified
as a nonintoxicating cannabinoid in section 44-10-209 or by the state licensing
authority by rule, in coordination with the department of public health and
environment, in accordance with section 44-10-209 (3)(f) and (3)(g).
(42.6) Novel cannabinoid means any cannabinoid that has not been
assessed by the state or a federal agency for a safety profile and intoxication
profile.
(43) Opaque means that the packaging does not allow the product to be
seen without opening the packaging material.
(44) Operating fees, as referred to in section 16 (5)(f) of article XVIII of the
state constitution, means fees that may be charged by a local jurisdiction for costs,
including but not limited to inspection, administration, and enforcement of retail
marijuana businesses authorized pursuant to this article 10.
(45) Owner's interest has the same meaning as in section 7-90-102 (44)
and is synonymous with the term security unless the context otherwise requires.
(46) Passive beneficial owner means any person acquiring any owner's
interest in a medical marijuana business or retail marijuana business that is not
otherwise a controlling beneficial owner or in control.
(47) Permitted economic interest means any unsecured convertible debt
instrument, option agreement, warrant, or any other right to obtain an ownership
interest when the holder of such interest is a natural person who is a lawful United
States resident and whose right to convert into an ownership interest is contingent
on the holder qualifying and obtaining a license as an owner under this article 10, or
such other agreements as may be permitted by rule of the state licensing authority.
(48) Person has the same meaning as defined in section 7-90-102 (49).
(48.5) (a) Potentially intoxicating cannabinoid means:
(I) A novel cannabinoid; and
(II) A cannabinoid that is not a phytocannabinoid.
(b) Potentially intoxicating cannabinoid does not include:
(I) Nonintoxicating cannabinoids; or
(II) Cannabinoids or compounds that comprise a naturally derived full
spectrum hemp extract or broad spectrum hemp extract.
(49) Premises means a distinctly identified, as required by the state
licensing authority, and definite location, which may include a building, a part of a
building, a room, or any other definite contiguous area.
(50) Publicly traded corporation means any person other than an individual
that is organized under the laws of and for which its principal place of business is
located in one of the states or territories of the United States or District of
Columbia or another country that authorizes the sale of marijuana and that:
(a) Has a class of securities registered pursuant to 15 U.S.C. sec. 77a et seq.,
that:
(I) Constitutes covered securities pursuant to 15 U.S.C. sec. 77r (b)(1)(A); or
(II) Is qualified and quoted on the OTCQX or OTCQB tier of the OTC markets
if:
(A) The person is then required to file reports and is filing reports on a
current basis with the federal securities and exchange commission pursuant to 15
U.S.C. sec. 78a et seq., as if the securities constituted covered securities as
described in subsection (50)(a)(I) of this section; and
(B) The person has established and is in compliance with corporate
governance measures pursuant to corporate governance obligations imposed on
securities qualified and quoted on the OTCQX tier of the OTC markets.
(b) Is an entity that has a class of securities listed on the Canadian securities
exchange, Toronto stock exchange, TSX venture exchange, or other equity
securities exchange recognized by the state licensing authority, if:
(I) The entity constitutes a foreign private issuer, as defined in 17 CFR
230.405, whose securities are exempt from registration pursuant to 15 U.S.C. sec.
78a et seq., pursuant to 17 CFR 240.12g3-2; and
(II) The entity has been, for the preceding three hundred sixty-five days or
since the formation of the entity, in compliance with all governance and reporting
obligations imposed by the relevant exchange on such entity;
(c) Is reasonably identified as a publicly traded corporation by rule; or
(d) A publicly traded corporation described in subsection (50)(a), (50)(b), or
(50)(c) of this section does not include:
(I) An ineligible issuer, as defined in 17 CFR 230.405, unless such publicly
traded corporation satisfies the definition of ineligible issuer solely because it is
one or more of the following, and the person is filing reports on a current basis with
the federal securities and exchange commission pursuant to 15 U.S.C. sec. 78a et
seq., as if the securities constituted covered securities as described in subsection
(50)(a)(I) of this section, and prior to becoming a publicly traded corporation, the
person for at least two years was licensed by the state licensing authority as a
medical marijuana business or retail marijuana business with a demonstrated
history of operations in the state of Colorado, and during such time was not subject
to suspension or revocation of the license:
(A) A blank check company, as defined in 17 CFR 230.419 (a)(2);
(B) An issuer in an offering of penny stock, as defined in 17 CFR 240.3a51-1;
or
(C) A shell company, as defined in 17 CFR 240.12b-2; and
(II) A person disqualified as a bad actor pursuant to 17 CFR 230.506 (d)(1).
(51) Qualified institutional investor means:
(a) A bank, as defined in 15 U.S.C. sec. 78c (a)(6), if the bank is current in all
applicable reporting and record-keeping requirements under such act and rules
promulgated thereunder;
(b) A bank holding company, as defined in 12 U.S.C. sec. 1841 (a)(1), if the
bank holding company is registered and current in all applicable reporting and
record-keeping requirements under such act and rules promulgated thereunder;
(c) An insurance company, as defined in 15 U.S.C. sec. 80a-2 (a)(17), if the
insurance company is current in all applicable reporting and record-keeping
requirements under such act and rules promulgated thereunder;
(d) An investment company registered and subject to 15 U.S.C. sec. 80a-1 et
seq., if the investment company is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;
(e) An employee benefit plan or pension fund subject to 29 U.S.C. sec. 1001 et
seq., excluding an employee benefit plan or pension fund sponsored by a licensee
or an intermediary holding company licensee that directly or indirectly owns ten
percent or more of a licensee;
(f) A state or federal government pension plan;
(g) A group comprised entirely of persons specified in subsections (51)(a) to
(51)(f) of this section; or
(h) Any other entity identified by rule by the state licensing authority.
(52) Qualified private fund means an issuer that would be an investment
company, as defined in, but for the exclusions provided under, 15 U.S.C. sec. 80a-3,
and that:
(a) Is advised or managed by an investment adviser, as defined and
registered pursuant to 15 U.S.C. sec. 80b-1 et seq., and for which the registered
investment adviser is current in all applicable reporting and record-keeping
requirements under such act and rules promulgated thereunder; and
(b) Satisfies one or more of the following:
(I) Is organized under the law of a state or the United States;
(II) Is organized, operated, or sponsored by a U.S. person, as defined under
17 CFR 230.902(k), as amended; or
(III) Sells securities to a U.S. person, as defined under 17 CFR 230.902(k),
as amended.
(52.5) [ Editor's note: Subsection (52.5) is effective January 5, 2026. ] R-and-D unit means regulated marijuana provided to an occupational licensee employed
by the licensee providing the regulated marijuana.
(53) Reasonable cause means just or legitimate grounds based in law and
in fact to believe that the particular requested action furthers the purposes of this
article 10 or protects public safety.
(54) Regulated marijuana means medical marijuana and retail marijuana. If
the context requires, regulated marijuana includes medical marijuana concentrate,
medical marijuana products, retail marijuana concentrate, and retail marijuana
products.
(55) Regulated marijuana products means medical marijuana products and
retail marijuana products.
(56) Resealable means that the package continues to function within
effectiveness specifications, which shall be established by the state licensing
authority similar to the federal Poison Prevention Packaging Act of 1970, 15 U.S.C.
sec. 1471 et seq., for the number of openings and closings customary for its size and
contents, which shall be determined by the state licensing authority.
(57) Retail marijuana means marijuana or marihuana, as defined in
section 16 (2)(f) of article XVIII of the state constitution, that is cultivated,
manufactured, distributed, or sold by a licensed retail marijuana business. If the
context requires, retail marijuana includes retail marijuana concentrate and retail
marijuana products.
(58) Retail marijuana business means a retail marijuana store, a retail
marijuana cultivation facility, a retail marijuana products manufacturer, a marijuana
hospitality business, a retail marijuana hospitality and sales business, a retail
marijuana testing facility, a retail marijuana business operator, or a retail marijuana
transporter licensed pursuant to this article 10.
(59) Retail marijuana business operator means an entity or person that is
not an owner and that is licensed to provide professional operational services to a
retail marijuana business for direct remuneration from the retail marijuana
business.
(59.5) Retail marijuana concentrate means a subset of retail marijuana that
is separated from the retail marijuana plant and results in matter with a higher
concentration of cannabinoids than naturally occur in the plant. Retail marijuana
concentrate contains cannabinoids and may contain terpenes and other chemicals
that are naturally occurring in retail marijuana plants that have been separated
from retail marijuana. Retail marijuana concentrate may also include residual
amounts of the types of solvents, as permitted by the marijuana rules. The state
licensing authority may further define by rule subcategories of retail marijuana
concentrate and authorize limited ingredients based on the method of production of
retail marijuana concentrate. Unless the context otherwise requires, retail
marijuana concentrate is included when this article 10 refers to retail marijuana
product.
(60) Retail marijuana cultivation facility has the same meaning as
marijuana cultivation facility as defined in section 16 (2)(h) of article XVIII of the
state constitution.
(60.5) Retail marijuana hospitality and sales business means a facility,
which cannot be mobile, licensed to permit the consumption of only the retail
marijuana or retail marijuana products it has sold pursuant to the provisions of an
enacted, initiated, or referred ordinance or resolution of the local jurisdiction in
which the licensee operates.
(61) Retail marijuana products means marijuana products as defined in
section 16 (2)(k) of article XVIII of the state constitution that are produced at a retail
marijuana products manufacturer.
(62) Retail marijuana products manufacturer has the same meaning as
marijuana product manufacturing facility as defined in section 16 (2)(j) of article
XVIII of the state constitution.
(63) Retail marijuana store has the same meaning as defined in section 16
(2)(n) of article XVIII of the state constitution.
(64) Retail marijuana testing facility means marijuana testing facility as
defined in section 16 (2)(l) of article XVIII of the state constitution that is licensed
pursuant to this article 10.
(65) Retail marijuana transporter means an entity or person licensed to
transport retail marijuana and retail marijuana products from one retail marijuana
business to another retail marijuana business and to temporarily store the
transported retail marijuana and retail marijuana products at its licensed premises,
but not authorized to sell retail marijuana or retail marijuana products under any
circumstances.
(66) Sale or sell includes to exchange, barter, or traffic in; to solicit or
receive and order except through a licensee licensed under this article 10; to deliver
for value in any way other than gratuitously; to peddle or possess with intent to sell;
or to traffic in for any consideration promised or obtained directly or indirectly.
(67) School means a public or private preschool or a public or private
elementary, middle, junior high, or high school or institution of higher education.
(68) Security has the same meaning as defined in 15 U.S.C. sec. 77b (a)(1) et
seq.
(68.5) Social equity licensee means a natural person who meets the
criteria established pursuant to section 44-10-308 (4). A person qualified as a social
equity licensee may participate in the accelerator program established pursuant to
this article 10 or may hold a regulated marijuana business license or permit issued
pursuant to this article 10.
(69) State licensing authority means the authority created for the purpose
of regulating and controlling the licensing of the cultivation, manufacture,
distribution, sale, and testing of regulated marijuana in this state pursuant to
section 44-10-201.
Colorado § 44-10-103 (Definitions - rules) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.