§ 44-10-203 — State licensing authority - rules - repeal

Colorado § 44-10-203

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Regulated Marijuana

Text

(1) [ Editor's note: This
version of the introductory portion to subsection (1) is effective until January 5,
2026. ] Permissive rule-making. Rules promulgated pursuant to section 44-10-202
(1)(c) may include the following subjects:

(1) [ Editor's note: This version of the introductory portion to subsection (1) is
effective January 5, 2026. ] Permissive rule-making. Rules adopted pursuant to
section 44-10-202 (1)(c) may include the following subjects:

(a) Labeling guidelines concerning the total content of THC per unit of
weight;

(b) Control of informational and product displays on licensed premises;

(c) [ Editor's note: This version of subsection (1)(c) is effective until January 5,
2026. ] Records to be kept by licensees and the required availability of the records;

(c) [ Editor's note: This version of subsection (1)(c) is effective January 5,
2026. ] Records to be kept by licensees and the required availability of the records.
The records required to be kept may include the following:

(I) Child resistance certificates;

(II) Testing records;

(III) Certificates of analysis or other records demonstrating the composition
of raw ingredients used in vaporizers or pressured metered dose inhalers;

(IV) Recall records;

(V) Adverse health events;

(VI) Corrective action and preventive action records;

(VII) Documentation required to demonstrate valid responsible vendor
designation;

(VIII) Standard operating procedures;

(IX) Transfer records to account for regulated marijuana transactions;

(X) Expiration date testing and use-by-date testing;

(XI) Patient records; and

(XII) Advertising records.

(d) Permitted economic interests issued prior to January 1, 2020, including a
process for a criminal history record check, a requirement that a permitted
economic interest applicant submit to and pass a criminal history record check, a
divestiture, and other agreements that would qualify as permitted economic
interests;

(e) Specifications of duties of officers and employees of the state licensing
authority;

(f) Instructions for local licensing authorities and law enforcement officers;

(g) Requirements for inspections, investigations, searches, seizures,
forfeitures, and such additional activities as may become necessary from time to
time;

(h) Prohibition of misrepresentation and unfair practices;

(i) Marijuana research and development licenses, including application
requirements; renewal requirements, including whether additional research
projects may be added or considered; conditions for license revocation; security
measures to ensure marijuana is not diverted to purposes other than research or
diverted outside of the regulated marijuana market; the amount of plants, useable
marijuana, marijuana concentrates, or marijuana products a licensee may have on
its premises; licensee reporting requirements; the conditions under which marijuana
possessed by medical marijuana licensees may be donated to marijuana research
and development licensees or transferred to a nonmetric-based research facility;
provisions to prevent contamination; requirements for destruction or transfer of
marijuana after the research is concluded; and any additional requirements;

(j) A definition for disproportionate impacted area to the extent relevant
state of Colorado data exists, is available, and is used for the purpose of
determining eligibility for a social equity licensee;

(j.3) The documentation a natural person applying to be a social equity
licensee must provide and the documentation verification the state licensing
authority performs;

(j.5) [ Editor's note: This version of subsection (1)(j.5) is effective until January
5, 2026. ] The implementation of contingency plans pursuant to sections 44-10-502
(10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse
weather event, or adverse natural occurrence and the process, procedures,
requirements, and restrictions for contingency plans; and

(j.5) [ Editor's note: This version of subsection (1)(j.5) is effective January 5,
2026. ] The implementation of contingency plans pursuant to sections 44-10-502
(10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse
weather event, or adverse natural occurrence and the process, procedures,
requirements, and restrictions for contingency plans;

(k) Such other matters as are necessary for the fair, impartial, stringent, and
comprehensive administration of this article 10;

(l) [ Editor's note: Subsection (1)(l) is effective January 5, 2026. ] Development
of individual identification cards for:

(I) Controlling beneficial owners;

(II) Passive beneficial owners; or

(III) Individuals who handle or transport regulated marijuana on behalf of
entities licensed pursuant to this article 10.

(m) [ Editor's note: Subsection (1)(m) is effective January 5, 2026. ] Requirements for medical marijuana products manufacturers or retail marijuana
products manufacturers to use an approved licensed premises and approved
equipment to manufacture and prepare products not infused with regulated
marijuana for the purpose of quality control and research and development in the
formulation of regulated marijuana products.

(2) [ Editor's note: This version of the introductory portion to subsection (2) is
effective until January 5, 2026. ] Mandatory rule-making. Rules promulgated
pursuant to section 44-10-202 (1)(c) must include the following subjects:

(2) [ Editor's note: This version of the introductory portion to subsection (2) is
effective January 5, 2026. ] Mandatory rule-making. Rules adopted pursuant to
section 44-10-202 (1)(c) must include the following subjects:

(a) Procedures consistent with this article 10 for the issuance, renewal,
suspension, and revocation of licenses to operate medical marijuana businesses
and retail marijuana businesses;

(b) Subject to the limitations contained in section 16 (5)(a)(II) of article XVIII
of the state constitution and consistent with this article 10, a schedule of
application, licensing, and renewal fees for medical marijuana businesses and retail
marijuana businesses;

(c) [ Editor's note: This version of subsection (2)(c) is effective until January 5,
2026. ] Qualifications for licensure pursuant to this article 10, including but not
limited to the requirement for a fingerprint-based criminal history record check for
all controlling beneficial owners, passive beneficial owners, managers, contractors,
employees, and other support staff of entities licensed pursuant to this article 10;

(c) [ Editor's note: This version of subsection (2)(c) is effective January 5,
2026. ] Qualifications for initial licensure pursuant to this article 10, including the
requirement for a fingerprint-based criminal history record check for all controlling
beneficial owners and passive beneficial owners of entities licensed pursuant to
this article 10 and name-based judicial record checks for employees of regulated
marijuana businesses;

(d) (I) Establishment of a marijuana and marijuana products independent
testing and certification program for marijuana business licensees, within an
implementation time frame established by the department, requiring licensees to
test marijuana and hemp products to ensure, at a minimum, that products sold for
human consumption by persons licensed pursuant to this article 10 do not contain
contaminants that are injurious to health and to ensure correct labeling.

(II) Testing may include analysis for microbial and residual solvents and
chemical and biological contaminants deemed to be public health hazards by the
Colorado department of public health and environment based on medical reports
and published scientific literature.

(III) (A) If test results indicate the presence of a substance determined to be
injurious to health, the medical marijuana or retail marijuana licensee shall
immediately quarantine the products and notify the state licensing authority. The
state licensing authority shall give the licensee an opportunity to remediate or
decontaminate the product if the test indicated the presence of a microbial. If the
licensee is unable to remediate or decontaminate the product, the licensee shall
document and properly destroy the adulterated product. If the licensee is able to
remediate or decontaminate the product and the product passes retesting, the
licensee need not provide an additional label that would otherwise not be required
for a product that passed initial testing.

(B) If retail marijuana or retail marijuana product test results indicate the
presence of quantities of a substance determined to be injurious to health,
including pesticides, the state licensing authority shall give the licensee an
opportunity to retest the retail marijuana or retail marijuana product.

(C) If two additional tests of the retail marijuana or retail marijuana product
do not indicate the presence of quantities of any substance determined to be
injurious to health, the product may be used or sold by the retail marijuana licensee.

(IV) (A) Testing must also verify THC potency representations and
homogeneity for correct labeling and provide a cannabinoid profile for the
regulated marijuana product.

(B) An individual retail marijuana piece of ten milligrams or less that has
gone through process validation is exempt from continued homogeneity testing.

(C) Homogeneity testing for one hundred milligram servings of retail
marijuana may utilize validation measures.

(V) The state licensing authority shall determine an acceptable variance for
potency representations and procedures to address potency misrepresentations.
The state licensing authority shall determine an acceptable variance of at least
plus or minus fifteen percent for potency representations and procedures to
address potency misrepresentations.

(VI) The state licensing authority shall determine the protocols and
frequency of regulated marijuana testing by licensees.

(VII) A state, local, or municipal agency shall not employ or use the results of
any test of regulated marijuana or regulated marijuana products conducted by an
analytical laboratory that is not certified pursuant to this subsection (2)(d)(VII) for
the particular testing category or that is not accredited to the International
Organization for Standardization/International Electrotechnical Commission
17025:2005 standard, or any subsequent superseding standard, in that field of
testing. Starting January 1, 2018, a state, local, or municipal agency may use or
employ the results of any test of regulated marijuana or regulated marijuana
products conducted on or after January 1, 2018, by an analytical laboratory that is
certified pursuant to this subsection (2)(d)(VII) for the particular testing category or
is accredited pursuant to the International Organization for
Standardization/International Electrotechnical Commission 17025:2005 standard,
or any subsequent superseding standard, in that field of testing.

(VIII) On or before January 1, 2019, the state licensing authority shall require
a medical marijuana testing facility or retail marijuana testing facility to be
accredited by a body that is itself recognized by the International Laboratory
Accreditation Cooperation in a category of testing pursuant to the International
Organization for Standardization/International Electrotechnical Commission
17025:2005 standard, or a subsequent superseding standard, in order to receive
certification or maintain certification; except that the state licensing authority may
by rule establish conditions for providing extensions to a newly licensed medical
marijuana testing facility or retail marijuana testing facility for a period not to
exceed twelve months or a medical marijuana testing facility or retail marijuana
testing facility for good cause as defined by rules promulgated by the state
licensing authority, which must include but may not be limited to when an
application for accreditation has been submitted and is pending with a recognized
accrediting body.

(IX) The state licensing authority shall promulgate rules that prevent
redundant testing of marijuana and marijuana concentrate, including, but not
limited to, potency testing of marijuana allocated to extractions, and residual
solvent testing of marijuana concentrate when all inputs of the marijuana
concentrate have passed residual solvent testing pursuant to this subsection (2)(d).

(e) [ Editor's note: This version of subsection (2)(e) is effective until January
5, 2026. ] Security requirements for any premises licensed pursuant to this article
10, including, at a minimum, lighting, physical security, video, and alarm
requirements, and other minimum procedures for internal control as deemed
necessary by the state licensing authority to properly administer and enforce this
article 10, including biennial reporting requirements for changes, alterations, or
modifications to the premises;

(e) [ Editor's note: This version of subsection (2)(e) is effective January 5,
2026. ] Security requirements for any premises licensed pursuant to this article 10.
The security requirements must include, at a minimum, lighting, physical security,
video, and alarm requirements; other minimum procedures for internal control as
deemed necessary by the state licensing authority to properly administer and
enforce this article 10; procedures for requiring written requests and providing
licensees at least seventy-two hours to respond to requests to obtain copies of
surveillance recordings created and maintained by the licensee; and biennial
reporting requirements for changes, alterations, or modifications to the premises.
Surveillance requirements for video recording areas of the licensed premises must
include the following requirements:

(I) Each point of ingress and egress to the exterior of the licensed premises
must be surveilled;

(II) Points of sale with coverage of the customer or patient and occupational
licensee completing the sale must be surveilled;

(III) Areas of the licensed premises where shipping and receiving of
regulated marijuana occurs, test batches are collected, and regulated marijuana
waste is destroyed must be surveilled; and

(IV) Delivery vehicle surveillance;

(f) Labeling requirements for regulated marijuana and regulated marijuana
products sold by a medical marijuana business or retail marijuana business that are
at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but
are not limited to:

(I) Warning labels;

(II) Amount of THC per serving and the number of servings per package for
regulated marijuana products;

(III) A universal symbol indicating that the package contains marijuana; and

(IV) Potency of the regulated marijuana and regulated marijuana products;

(g) Health and safety regulations and standards for the manufacture of
regulated marijuana products and the cultivation of regulated marijuana, including
procedures for the embargo and destruction of regulated marijuana in accordance
with section 44-10-207;

(h) Regulation of the storage of, warehouses for, and transportation of
regulated marijuana and regulated marijuana products, including procedures for
the administrative hold of regulated marijuana and regulated marijuana products
pursuant to section 44-10-207, including establishing the following standards and
processes to resolve administrative holds in a timely manner:

(I) Defining circumstances for the issuance of an administrative hold, which
circumstances must be based on objectives related to preventing the destruction of
evidence, preventing diversion, or addressing a threat to public safety;

(II) Reasonable time frames and actions for the expedient resolution of an
administrative hold issued to preserve evidence and standards by which the state
licensing authority would have reasonable grounds to extend an administrative hold
due to the nature of the investigation or a threat to public safety;

(III) Reasonable expectations and timelines for notices of administrative
holds and subsequent processes; and

(IV) Processes allowing a licensee to destroy any regulated marijuana or
regulated marijuana products that are subject to an administrative hold when the
need to preserve evidence has subsided;

(i) Sanitary requirements for medical marijuana businesses and retail
marijuana businesses, including but not limited to sanitary requirements for the
preparation of regulated marijuana products;

(j) The reporting and transmittal of monthly sales tax payments by medical
marijuana stores and retail marijuana stores and any applicable excise tax
payments by retail marijuana cultivation facilities;

(k) Authorization for the department to have access to licensing information
to ensure sales, excise, and income tax payment and the effective administration of
this article 10;

(l) Compliance with, enforcement of, or violation of any provision of this
article 10, section 18-18-406.3 (7), or any rule promulgated pursuant to this article
10, including procedures and grounds for denying, suspending, fining, restricting, or
revoking a state license issued pursuant to this article 10;

(m) Establishing a schedule of penalties and procedures for issuing and
appealing citations for violation of statutes and rules and issuing administrative
citations;

(n) Medical marijuana transporter licensed businesses and retail marijuana
transporter licensed businesses, including requirements for drivers, including
obtaining and maintaining a valid Colorado driver's license; insurance requirements;
acceptable time frames for transport, storage, and delivery; requirements for
transport vehicles; requirements for deliveries; and requirements for licensed
premises;

(o) Medical marijuana business operator licenses and retail marijuana
business operator licensees, including the form and structure of allowable
agreements between operators and the medical or retail marijuana business;

(p) Unescorted visitors in limited access areas;

(q) Temporary appointee registrations issued pursuant to section 44-10-401
(3), including occupational and business registration requirements; application time
frames; notification requirements; issuance, expiration, renewal, suspension, and
revocation of a temporary appointee registration; and conditions of registration;

(r) Requirements for a centralized distribution permit for medical marijuana
cultivation facilities or retail marijuana cultivation facilities issued pursuant to
section 44-10-502 (6) or 44-10-602 (7), including but not limited to permit
application requirements and privileges and restrictions of a centralized
distribution permit;

(s) Requirements for issuance of co-location permits to a marijuana research
and development licensee authorizing co-location with a medical marijuana
products manufacturer or retail marijuana products manufacturer licensed
premises, including application requirements, eligibility, restrictions to prevent
cross-contamination and to ensure physical separation of inventory and research
activities, and other privileges and restrictions of permits;

(t) (I) Development of individual identification cards for individuals working in
or having unescorted access to the limited access areas of the licensed premises of
a medical marijuana business or retail marijuana business, including a fingerprint-based criminal history record check as may be required by the state licensing
authority prior to issuing a card;

(II) This subsection (2)(t) is repealed, effective January 5, 2026.

(u) Identification of state licensees and their controlling beneficial owners,
passive beneficial owners, managers, and employees;

(v) The specification of acceptable forms of picture identification that a
medical marijuana store or retail marijuana store may accept when verifying a sale,
including but not limited to government-issued identification cards;

(w) State licensing procedures, including procedures for renewals,
reinstatements, initial licenses, and the payment of licensing fees;

(x) [ Editor's note: This version of subsection (2)(x) is effective until January
5, 2026. ] The conditions under which a licensee is authorized to transfer fibrous
waste to a person for the purpose of producing only industrial fiber products. The
conditions must include contract requirements that stipulate that the fibrous waste
will only be used to produce industrial fiber products; record-keeping requirements;
security measures related to the transport and transfer of fibrous waste;
requirements for handling contaminated fibrous waste; and processes associated
with handling fibrous waste. The rules must not require licensees to alter fibrous
waste from its natural state prior to transfer.

(x) [ Editor's note: This version of subsection (2)(x) is effective January 5,
2026. ] The conditions under which a licensee is authorized to transfer fibrous waste
to a person for the purpose of producing only industrial fiber products. The
conditions must include contract requirements that stipulate that the fibrous waste
will only be used to produce industrial fiber products; security measures related to
the transport and transfer of fibrous waste; requirements for handling
contaminated fibrous waste; and processes associated with handling fibrous waste.
The rules must not require licensees to alter fibrous waste from its natural state
before transfer.

(y) Requiring that edible regulated marijuana products be clearly
identifiable, when practicable, with a standard symbol indicating that they contain
marijuana and are not for consumption by children. The symbols promulgated by
rule of the state licensing authority must not appropriate signs or symbols
associated with another Colorado business or industry;

(z) Requirements to prevent the sale or diversion of retail marijuana and
retail marijuana products to persons under twenty-one years of age;

(aa) The implementation of an accelerator program including but not limited
to rules to establish requirements for social equity licensees operating on the same
licensed premises or on separate premises possessed by an accelerator-endorsed
licensee. The state licensing authority's rules establishing an accelerator program
may include requirements for severed custodianship of regulated marijuana
products, protections of the intellectual property of a social equity licensee,
incentives for accelerator-endorsed licensees, and additional requirements if a
person applying for an accelerator endorsement has less than two years'
experience operating a licensed facility pursuant to this article 10. An accelerator-endorsed licensee is not required to exercise the privileges of its license on the
premises where a social equity licensee operates. The state licensing authority's
implementation of an accelerator program is extended from July 1, 2020, to January
1, 2021.

(bb) [ Editor's note: This version of the introductory portion to subsection
(2)(bb) is effective until January 5, 2026. ] Conditions under which a licensee is
authorized to collect marijuana consumer waste and transfer it to a person for the
purposes of reuse or recycling in accordance with all requirements established by
the department of public health and environment pertaining to waste disposal and
recycling. The conditions must include:

(bb) [ Editor's note: This version of the introductory portion to subsection
(2)(bb) is effective January 5, 2026. ] The conditions under which a licensee is
authorized to collect marijuana consumer waste and transfer it to a person for the
purposes of reuse or recycling in accordance with all requirements established by
the department of public health and environment pertaining to waste disposal and
recycling. The conditions must include:

(I) That the person receiving marijuana consumer waste from a licensee is, to
the extent required by law, registered with the department of public health and
environment;

(II) (A) Record-keeping requirements;

(B) This subsection (2)(bb)(II) is repealed, effective January 5, 2026.

(III) Security measures related to the collection and transfer of marijuana
consumer waste;

(IV) Health and safety requirements, including requirements for the handling
of marijuana consumer waste; and

(V) Processes associated with handling marijuana consumer waste, including
destruction of any remaining regulated marijuana in the marijuana consumer waste.

(cc) Requirements for a transition permit for medical marijuana cultivation
facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-313 (13)(c), including but not limited to permit application requirements and
restrictions of a transition permit;

(dd) [ Editor's note: This version of the introductory portion to subsection
(2)(dd) is effective until January 5, 2026. ] Requirements for medical marijuana and
medical marijuana products delivery as described in section 44-10-501 (11) and
section 44-10-505 (5) and retail marijuana and retail marijuana products delivery as
described in sections 44-10-601 (13) and 44-10-605 (5), including:

(dd) [ Editor's note: This version of the introductory portion to subsection
(2)(dd) is effective January 5, 2026. ] Requirements for medical marijuana and
medical marijuana products delivery as described in sections 44-10-501 (11) and 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described
in sections 44-10-601 (13) and 44-10-605 (5), including:

(I) Qualifications and eligibility requirements for licensed medical marijuana
stores, retail marijuana stores, medical marijuana transporters, and retail marijuana
transporters applying for a medical marijuana delivery permit;

(II) Training requirements for personnel of medical marijuana stores, retail
marijuana stores, medical marijuana transporters, and retail marijuana transporters
that hold a medical marijuana or retail marijuana delivery permit who will deliver
medical marijuana or medical marijuana products or retail marijuana or retail
marijuana products pursuant to this article 10 and requirements that medical
marijuana stores, retail marijuana stores, medical marijuana transporters, and retail
marijuana transporters be considered to have a responsible vendor designation
pursuant to section 44-10-1201 prior to conducting a delivery;

(III) Procedures for proof of medical marijuana registry and age identification
and verification;

(IV) Security requirements;

(V) [ Editor's note: This version of subsection (2)(dd)(V) is effective until
January 5, 2026. ] Delivery vehicle requirements, including requirements for
surveillance;

(V) [ Editor's note: This version of subsection (2)(dd)(V) is effective January 5,
2026. ] Delivery vehicle requirements;

(VI) (A) Record-keeping requirements;

(B) This subsection (2)(dd)(VI) is repealed, effective January 5, 2026.

(VII) Limits on the amount of medical marijuana and medical marijuana
products and retail marijuana and retail marijuana products that may be carried in a
delivery vehicle and delivered to a patient or parent or guardian or individual, which
cannot exceed limits placed on sales at licensed medical marijuana stores;

(VIII) Limits on the amount of retail marijuana and retail marijuana products
that may be carried in a delivery vehicle and delivered to an individual, which cannot
exceed limits placed on sales at retail marijuana stores;

(IX) Inventory tracking system requirements, which include the ability to
determine the amount of medical marijuana a patient has purchased that day in real
time by searching a patient registration number;

(X) Health and safety requirements for medical marijuana and medical
marijuana products delivered to a patient or parent or guardian and for retail
marijuana and retail marijuana products delivered to an individual;

(XI) Confidentiality requirements to ensure that persons delivering medical
marijuana and medical marijuana products or retail marijuana and retail marijuana
products pursuant to this article 10 do not disclose personal identifying information
to any person other than those who need that information in order to take, process,
or deliver the order or as otherwise required or authorized by this article 10, title 18,
or title 25;

(XII) An application fee and annual renewal fee for the medical marijuana
delivery permit and the retail marijuana delivery permit. The amount of the fee must
reflect the expected costs of administering the medical marijuana delivery permit
and the retail marijuana delivery permit and may be adjusted by the state licensing
authority to reflect the permit's actual direct and indirect costs.

(XIII) The permitted hours of delivery of medical marijuana and medical
marijuana products and retail marijuana and retail marijuana products;

(XIV) (A) Requirements for areas where medical marijuana and medical
marijuana products or retail marijuana and retail marijuana products orders are
stored, weighed, packaged, prepared, and tagged, including requirements that
medical marijuana and medical marijuana products or retail marijuana and retail
marijuana products cannot be placed into a delivery vehicle until after an order has
been placed and that all delivery orders must be packaged on the licensed
premises of a medical marijuana store or retail marijuana store or its associated
state licensing authority-authorized storage facility as defined by rule after an
order has been received.

(B) By January 1, 2027, the state licensing authority shall promulgate rules
that do not require licensees to use radio frequency identification technology to
track regulated marijuana in seed-to-sale tracking system requirements
established by rule.

(XV) Payment methods, including but not limited to the use of gift cards and
prepayment accounts;

(ee) (I) (A) Ownership and financial disclosure procedures and requirements
pursuant to this article 10;

(B) Records a medical marijuana business or retail marijuana business is
required to maintain regarding its controlling beneficial owners, passive beneficial
owners, and indirect financial interest holders that may be subject to disclosure at
renewal or as part of any other investigation following initial licensure of a medical
marijuana business or retail marijuana business;

(C) Procedures and requirements for findings of suitability pursuant to this
article 10, including fees necessary to cover the direct and indirect costs of any
suitability investigation;

(D) Procedures and requirements concerning the divestiture of the beneficial
ownership of a person found unsuitable by the state licensing authority;

(E) Procedures, processes, and requirements for transfers of ownership
involving a publicly traded corporation, including but not limited to mergers with a
publicly traded corporation, investment by a publicly traded corporation, and public
offerings;

(F) Designation of persons that by virtue of common control constitute
controlling beneficial owners;

(G) Modification of the percentage of owner's interests that may be held by a
controlling beneficial owner and passive beneficial owner;

(H) Designation of persons that qualify for an exemption from an otherwise
required finding of suitability; and

(I) Designation of indirect financial interest holders and qualified institutional
investors.

(II) Rules promulgated pursuant to this subsection (2)(ee) must not be any
more restrictive than the requirements expressly established under this article 10.

(ff) The implementation of marijuana hospitality and retail marijuana
hospitality and sales business licenses, including but not limited to:

(I) General insurance liability requirements;

(II) A sales limit per transaction for retail marijuana and retail marijuana
products that may be sold to a patron of a retail marijuana hospitality and sales
business; except that the sales limit established by the state licensing authority
must not be an amount less than one gram of retail marijuana flower, one-quarter of
one gram of retail marijuana concentrate, or a retail marijuana product containing
not more than ten milligrams of active THC;

(III) Restrictions on the type of any retail marijuana or retail marijuana
product authorized to be sold, including that the marijuana or product be meant for
consumption in the licensed premises of the business;

(IV) Prohibitions on activity that would require additional licensure on the
licensed premises, including but not limited to sales, manufacturing, or cultivation
activity;

(V) Requirements for marijuana hospitality businesses and retail marijuana
hospitality and sales businesses operating pursuant to section 44-10-609 or 44-10-610 in a retail food business;

(VI) Requirements for marijuana hospitality businesses and retail marijuana
hospitality and sales business licensees to destroy any unconsumed marijuana or
marijuana products left behind by a patron; and

(VII) Rules to ensure compliance with section 42-4-1305.5;

(gg) [ Editor's note: This version of the introductory portion to subsection
(1)(gg) is effective until January 5, 2026. ] For marijuana hospitality businesses that
are mobile, regulations including but not limited to:

(gg) [ Editor's note: This version of the introductory portion to subsection
(1)(gg) is effective January 5, 2026. ] For marijuana hospitality businesses that are
mobile, regulations including:

(I) Registration of vehicles and proper designation of vehicles used as mobile
licensed premises;

(II) (A) Surveillance cameras inside the vehicles;

(B) This subsection (2)(gg)(II) is repealed, effective January 5, 2026.

(III) Global positioning system tracking and route logging in an established
route manifest system;

(IV) Compliance with section 42-4-1305.5;

(V) Ensuring activity is not visible outside of the vehicle; and

(VI) Proper ventilation within the vehicle;

(hh) The circumstances that constitute a significant physical or geographic
hardship as used in section 44-10-501 (13);

(ii) Effective January 1, 2023, requirements for medical and retail marijuana
concentrate to promote consumer health and awareness, which shall include a
recommended serving size, visual representation of one recommended serving, and
labeling requirements and may include a measuring device that may be used to
measure one recommended serving;

(jj) Allowing a person to operate a licensed medical marijuana business and a
licensed retail marijuana business at the same location pursuant to section 44-10-313 (14).

(kk) [ Editor's note: Subsection (2)(kk) is effective January 5, 2026. ] R-and-D
unit limits and requirement, including limits on the number of occupational
licensees that may receive R-and-D units from an employer, a requirement that an
occupational licensee be designated to receive R-and-D units in the seed-to-sale
inventory tracking system, and limits on how many R-and-D units may be evaluated
by an occupational licensee.

(3) In promulgating rules pursuant to this section, the state licensing
authority may seek the assistance of the department of public health and
environment when necessary before promulgating rules on the following subjects:

(a) Signage, marketing, and advertising, including but not limited to a
prohibition on mass-market campaigns that have a high likelihood of reaching
persons under eighteen years of age for medical marijuana and have a high
likelihood of reaching persons under twenty-one years of age for retail marijuana
and other such rules that may include:

(I) Allowing packaging and accessory branding;

(II) Prohibiting health or physical benefit claims in advertising,
merchandising, and packaging;

(III) Prohibiting unsolicited pop-up advertising on the internet;

(IV) Prohibiting banner ads on mass-market websites;

(V) Prohibiting opt-in marketing that does not permit an easy and permanent
opt-out feature;

(VI) Prohibiting marketing directed toward location-based devices, including
but not limited to cellular phones, unless the marketing is a mobile device
application installed on the device by the owner of the device who is eighteen years
of age or older for medical marijuana and twenty-one years of age or older for retail
marijuana and includes a permanent and easy opt-out feature;

(VII) Prohibiting advertising and marketing by a medical marijuana business
that is specifically directed at persons who are under twenty-one years of age; and

(VIII) Requirements that any advertising or marketing specific to medical
marijuana concentrate or retail marijuana concentrate include a notice regarding
the potential risks of medical marijuana concentrate or retail marijuana concentrate
overconsumption;

(b) A prohibition on the sale of regulated marijuana and regulated marijuana
products unless the product is:

(I) Packaged in packaging meeting requirements established by the state
licensing authority similar to the federal Poison Prevention Packaging Act of
1970, 15 U.S.C. sec. 1471 et seq., as amended; and

(II) Placed in an opaque and resealable exit package or container meeting
requirements established by the state licensing authority at the point of sale prior
to exiting the store;

(c) The safe and lawful transport of regulated marijuana and regulated
marijuana products between the licensed business and testing laboratories;

(d) A standardized marijuana serving size amount for edible retail marijuana
products that does not contain more than ten milligrams of active THC, designed
only to provide consumers with information about the total number of servings of
active THC in a particular retail marijuana product, not as a limitation on the total
amount of THC in any particular item; labeling requirements regarding servings for
edible retail marijuana products; and limitations on the total amount of active THC
in a sealed internal package that is no more than one hundred milligrams of active
THC;

(e) Prohibition on or regulation of additives to any regulated marijuana
product, including but not limited to those that are toxic, designed to make the
product more addictive, designed to make the product more appealing to children,
or misleading to consumers, but not including common baking and cooking items;

(f) Permission for a local fire department to conduct an annual fire
inspection of a medical marijuana cultivation facility or retail marijuana cultivation
facility;

(g) A prohibition on the production and sale of edible regulated marijuana
products that are in the distinct shape of a human, animal, or fruit. Geometric
shapes and products that are simply fruit flavored are not considered fruit.
Products in the shape of a marijuana leaf are permissible. Nothing in this subsection
(3)(g) applies to a company logo.

(h) A requirement that every medical marijuana store and retail marijuana
store post, at all times and in a prominent place at every point of sale, a warning
that has a minimum height of three inches and a width of six inches and that reads:

Warning: Using marijuana, in any form, while you are pregnant or breastfeeding
passes THC to your baby and may be harmful to your baby. There is no known safe
amount of marijuana use during pregnancy or breastfeeding.

(4) Equivalency. Rules promulgated pursuant to section 44-10-202 (1)(c)
must also include establishing the equivalent of one ounce of retail marijuana
flower in various retail marijuana products, including retail marijuana concentrate.
Prior to promulgating the rules required by this subsection (4), the state licensing
authority may contract for a scientific study to determine the equivalency of
marijuana flower in retail marijuana products, including retail marijuana
concentrate.

(5) Statewide class system cultivation facility rules - medical marijuana. (a)
The state licensing authority shall create a statewide licensure class system for
medical marijuana cultivation facility licenses. The classifications may be based
upon square footage of the facility; lights, lumens, or wattage; lit canopy; the
number of cultivating plants; other reasonable metrics; or any combination thereof.
The state licensing authority shall create a fee structure for the licensure class
system.

(b) (I) The state licensing authority may establish limitations on medical
marijuana production through one or more of the following methods:

(A) Placing or modifying a limit on the number of licenses that it issues, by
class or overall, but in placing or modifying the limits, the state licensing authority
shall consider the reasonable availability of new licenses after a limit is established
or modified;

(B) Placing or modifying a limit on the amount of production permitted by a
medical marijuana cultivation facility license or class of licenses based upon some
reasonable metric or set of metrics, including but not limited to those items
detailed in subsection (5)(a) of this section, previous months' sales, pending sales,
or other reasonable metrics as determined by the state licensing authority; and

(C) Placing or modifying a limit on the total amount of production by medical
marijuana cultivation facility licensees in the state collectively, based upon some
reasonable metric or set of metrics including but not limited to those items detailed
in subsection (5)(a) of this section, as determined by the state licensing authority.

(II) When considering any such limitations, the state licensing authority shall:

(A) Consider the total current and anticipated demand for medical marijuana
and medical marijuana products in Colorado;

(B) Consider any other relevant factors; and

(C) Attempt to minimize the market for unlawful marijuana; and

(c) The state licensing authority may adopt rules that limit the amount of
medical marijuana inventory that a medical marijuana store may have on hand. If the
state licensing authority adopts a limitation, the limitation must be commercially
reasonable and consider factors including a medical marijuana store's sales history
and the number of patients who are registered at a medical marijuana store as their
primary store.

(6) Statewide class system cultivation facility rules - retail marijuana. (a)
The state licensing authority shall create a statewide licensure class system for
retail marijuana cultivation facility licenses. The classifications may be based upon
square footage of the facility; lights, lumens, or wattage; lit canopy; the number of
cultivating plants; other reasonable metrics; or any combination thereof. The state
licensing authority shall create a fee structure for the licensure class system.

(b) The state licensing authority may establish limitations on retail marijuana
production through one or more of the following methods:

(I) Placing or modifying a limit on the number of licenses that it issues, by
class or overall, but in placing or modifying the limits, the authority shall consider
the reasonable availability of new licenses after a limit is established or modified;

(II) Placing or modifying a limit on the amount of production permitted by a
retail marijuana cultivation facility license or class of licenses based upon some
reasonable metric or set of metrics including but not limited to those items detailed
in subsection (6)(a) of this section, previous months' sales, pending sales, or other
reasonable metrics as determined by the state licensing authority; and

(III) Placing or modifying a limit on the total amount of production by retail
marijuana cultivation facility licensees in the state collectively, based upon some
reasonable metric or set of metrics including but not limited to those items detailed
in subsection (6)(a) of this section, as determined by the state licensing authority.

(c) Notwithstanding anything contained in this article 10 to the contrary, in
considering any such limitations, the state licensing authority, in addition to any
other relevant considerations, shall:

(I) Consider the total current and anticipated demand for retail marijuana
and retail marijuana products in Colorado; and

(II) Attempt to minimize the market for unlawful marijuana.

(7) The state licensing authority may deny, suspend, revoke, fine, or impose
other sanctions against a person's license issued pursuant to this article 10 if the
state licensing authority finds the person or the person's controlling beneficial
owner, passive beneficial owner, or indirect financial interest holder failed to timely
file any report, disclosure, registration statement, or other submission required by
any state or federal regulatory authority that is related to the conduct of their
business.

(8) The state licensing authority shall treat a metered-dose inhaler the same
as a vaporized delivery device for purposes of regulation and testing.

(9) (a) The state licensing authority may, by rule, establish procedures for the
conditional issuance of an employee license identification card at the time of
application.

(b) [ Editor's note: This version of subsection (9)(b) is effective until January
5, 2026. ]

(I) The state licensing authority shall base its issuance of an employee license
identification card pursuant to this subsection (9) on the results of an initial
investigation that demonstrate the applicant is qualified to hold such license. The
employee license application for which an employee license identification card was
issued pursuant to this subsection (9) remains subject to denial pending the
complete results of the applicant's initial fingerprint-based criminal history record
check.

(II) Results of a fingerprint-based criminal history record check that
demonstrate that an applicant possessing an employee license identification card
pursuant to this subsection (9) is not qualified to hold a license issued under this
article 10 are grounds for denial of the employee license application. If the
employee license application is denied, the applicant shall return the employee
license identification card to the state licensing authority within a time period that
the state licensing authority establishes by rule.

(b) [ Editor's note: This version of subsection (9)(b) is effective January 5,
2026. ]

(I) The state licensing authority shall base its issuance of an employee license
pursuant to this subsection (9) on the results of an initial investigation that
demonstrate the applicant is qualified to hold such license. The employee license
application for which an employee license was issued pursuant to this subsection
(9) remains subject to denial pending the complete results of the applicant's initial
name-based judicial record check.

(II) Results of a name-based judicial record check that demonstrate that an
applicant possessing an employee license pursuant to this subsection (9) is not
qualified to hold a license issued under this article 10 are grounds for denial of the
employee license application. If the employee license application is denied, the
applicant shall return the employee license and identification card to the state
licensing authority within a time period that the state licensing authority
establishes by rule.

(10) [ Editor's note: Subsection (10) is effective January 5, 2026. ]

(a) The state licensing authority shall adopt rules to enable a licensee to conduct
research and development using R-and-D units when evaluating different flavors
and nonmarijuana ingredients.

(b) Adding flavors or nonmarijuana ingredients is not considered an
additional batch and does not require additional testing if the licensee possesses
analysis or documentation evidencing the safety profile of the flavors or
nonmarijuana ingredients.

(c) A licensee shall not transfer R-and-D units to a regulated marijuana store.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2843, � 5, effective January 1, 2020; (2)(ff) and (2)(gg) added, (HB 19-1230), ch. 340, p. 3118, � 14, effective January 1, 2020. L. 2020: (1)(i), (1)(j), and (2)(aa) amended and (1)(k) added, (HB 20-1424), ch. 184, p. 843, � 3, effective September 14. L. 2021: (2)(dd)(IX), (2)(ff)(VII), and (3)(a)(V) amended and (2)(hh), (2)(ii), (3)(a)(VII), and (3)(a)(VIII) added, (HB 21-1317), ch. 313, p. 1916, � 7, effective June 24; (1)(j) amended and (1)(j.5) and (9) added, (HB 21-1301), ch. 304, p. 1826, � 5, effective September 7; (2)(q) amended, (HB 21-1178), ch. 130, p. 524, � 3, effective September 7. L. 2022: (2)(jj) added, (HB 22-1037), ch. 78, p. 391, � 2, effective August 10; (2)(dd)(II) amended, (HB 22-1222), ch. 111, p. 506, � 2, effective January 1, 2023. L. 2023: (2)(g) and (2)(h) amended, (HB 23-1021), ch. 32, p. 112, � 2, effective August 7. L. 2024: IP(1), IP(2), (2)(d)(III)(A), (2)(d)(III)(B), (2)(e), (2)(t), (2)(dd)(XIV), and (3)(h) amended and (1)(j.3) added, (SB 24-076), ch. 410, p. 2826, � 2, effective August 7; (2)(d)(I) amended, (SB 24-172), ch. 151, p. 611, � 1, effective August 7. L. 2025: IP(1), (1)(c), (1)(j.5), IP(2), (2)(c), (2)(e), (2)(x), IP(2)(bb), IP(2)(dd), (2)(dd)(V), IP(2)(gg), and (9)(b) amended and (1)(l), (1)(m), (2)(kk), and (10) added, (HB 25-1209), ch. 398, p. 2238, � 2, effective January 5, 2026; (2)(t)(II), (2)(bb)(II)(B), (2)(dd)(VI)(B), and (2)(gg)(II)(B) added by revision, (HB 25-1209), ch. 398, pp. 2238, 2258 �� 2, 21.