(1)(a) A
county, city and county, or municipality may adopt and enforce a resolution or
ordinance licensing, regulating, or prohibiting the cultivation or sale of medical
marijuana. In a county, city and county, or municipality where such an ordinance or
resolution has been adopted, a person who is not registered as a patient or primary
caregiver pursuant to section 25-1.5-106 and who is cultivating or selling medical
marijuana is not entitled to an affirmative defense to a criminal prosecution as
provided for in section 14 of article XVIII of the state constitution unless the person
is in compliance with the applicable county or municipal law.
(b)The operation of this article 10 as it relates to medical marijuana shall be
statewide unless a municipality, county, city, or city
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(1) (a) A
county, city and county, or municipality may adopt and enforce a resolution or
ordinance licensing, regulating, or prohibiting the cultivation or sale of medical
marijuana. In a county, city and county, or municipality where such an ordinance or
resolution has been adopted, a person who is not registered as a patient or primary
caregiver pursuant to section 25-1.5-106 and who is cultivating or selling medical
marijuana is not entitled to an affirmative defense to a criminal prosecution as
provided for in section 14 of article XVIII of the state constitution unless the person
is in compliance with the applicable county or municipal law.
(b) The operation of this article 10 as it relates to medical marijuana shall be
statewide unless a municipality, county, city, or city and county, by either a majority
of the registered electors of the municipality, county, city, or city and county voting
at a regular election or special election called in accordance with the Colorado
Municipal Election Code of 1965, article 10 of title 31, or the Uniform Election
Code of 1992, articles 1 to 13 of title 1, as applicable, or a majority of the members
of the governing board for the municipality, county, city, or city and county, vote to
prohibit the operation of medical marijuana stores, medical marijuana cultivation
facilities, and medical marijuana products manufacturers' licenses.
(c) All businesses for the purpose of cultivation, manufacture, or sale of
medical marijuana or medical marijuana products, as defined in this article 10, are
subject to the terms and conditions of this article 10 and any rules promulgated
pursuant to this article 10.
(2) (a) A person applying for licensure pursuant to this article 10 must
complete forms as provided by the state licensing authority and must pay the
application fee and the licensing fee, which must be credited to the marijuana cash
fund established pursuant to section 44-10-801. The state licensing authority shall
forward, within seven days after receipt, one-half of the retail marijuana business
license application fee to the local jurisdiction unless the application is for an
accelerator cultivator, accelerator manufacturer, or accelerator store license or
unless the local jurisdiction has prohibited the operation of retail marijuana
businesses pursuant to section 16 (5)(f) of article XVIII of the state constitution. If
the license is denied, the state licensing authority may refund only the licensing fee
to the applicant. The applicant's application fees must be retained by the state
licensing authority, and a local licensing authority may retain the applicant's
application fees.
(b) The state licensing authority shall act upon a retail marijuana business
license application made pursuant to subsection (1)(a) of this section no sooner than
forty-five days and no later than ninety days after the date of the retail marijuana
business license application. The state licensing authority shall process retail
marijuana business license applications in the order in which complete applications
are received by the state licensing authority.
(3) As provided in section 16 (5)(f) of article XVIII of the state constitution,
any local jurisdiction may enact ordinances or regulations governing the time,
place, manner, and number of retail marijuana businesses, which may include a
local licensing requirement, or may prohibit the operation of retail marijuana
businesses through the enactment of an ordinance or through a referred or initiated
measure. If a county acts through an initiated measure, the proponents shall submit
a petition signed by not less than fifteen percent of the registered electors in the
county.
(4) This article 10 sets forth the exclusive means by which cultivation,
manufacture, sale, distribution, dispensing, and testing of regulated marijuana and
regulated marijuana products may occur in the state of Colorado.
(5) (a) Nothing in this article 10 is intended to require an employer to permit
or accommodate the use, consumption, possession, transfer, display,
transportation, sale, or cultivating of regulated marijuana in the workplace or to
affect the ability of employers to have policies restricting the use of marijuana by
employees.
(b) Nothing in this article 10 prohibits a person, employer, school, hospital,
detention facility, corporation, or any other entity that occupies, owns, or controls a
property from prohibiting or otherwise regulating the possession, consumption, use,
display, transfer, distribution, sale, transportation, or cultivating of regulated
marijuana on or in that property.
(c) Notwithstanding any other provision of this subsection (5), holding or
exercising the privileges of any license issued pursuant to this article 10 shall not
constitute an unsuitable or unlawful act or practice within the meaning of the
statutes and rules governing the Colorado limited gaming control commission.