(1) A
license provided by this article 10 shall not be issued to or held by:
(a) A person until the fee therefore has been paid;
(b) An individual whose criminal history indicates that he or she is not of
good moral character after considering the factors in section 24-5-101 (2);
(c) A person other than an individual if the criminal history of any of its
controlling beneficial owners indicates that a controlling beneficial owner is not of
good moral character after considering the factors in section 24-5-101 (2);
(d) A person under twenty-one years of age;
(e) A person licensed pursuant to this article 10 who, during a period of
licensure, or who, at the time of application, has failed to:
(I) File any tax return with a taxing agency related to a medical marijuana
business or retail marijuana business;
(II) Pay any taxes, interest, or penalties due as determined by final agency
action related to a medical marijuana business or retail marijuana business;
(f) A person who fails to meet qualifications for licensure that directly and
demonstrably relate to the operation of a medical marijuana business;
(g) (I) A person who was convicted of a felony in the three years immediately
preceding his or her application date or who is currently subject to a sentence for a
felony conviction; except that, for a person applying to be a social equity licensee, a
marijuana conviction shall not be the sole basis for license denial; or
(II) A person who is currently subject to a deferred judgment or sentence for
a felony;
(h) (I) A person who employs another person at a medical marijuana business
or retail marijuana business who has not submitted fingerprints for a criminal
history record check or whose criminal history record check reveals that the person
is ineligible;
(II) This subsection (1)(h) is repealed, effective January 5, 2026.
(i) A sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer
or employee of the state licensing authority or a local licensing authority;
(j) [ Editor's note: This version of subsection (1)(j) is effective until January 5,
2026. ] A person applying for a license for a location that is currently licensed as a
retail food establishment;
(j) [ Editor's note: This version of subsection (1)(j) is effective January 5,
2026. ] A person applying for a license for a location that is currently licensed as a
retail food establishment, except for an application for a marijuana hospitality
business license issued pursuant to section 44-10-609 or a retail marijuana
hospitality and sales business license issued pursuant to section 44-10-610.
(k) A publicly traded entity that does not constitute a publicly traded
corporation as defined in this article 10;
(l) A person that is or has a controlling beneficial owner, passive beneficial
owner, or indirect financial interest holder that is organized or formed under the
laws of a country determined by the United States secretary of state to have
repeatedly provided support for acts of international terrorism or is included among
the list of covered countries in section 1502 of the federal Dodd-Frank Wall
Street Reform and Consumer Protection Act, Pub.L. 111-203;
(m) A person that is or has a controlling beneficial owner that is an ineligible
issuer pursuant to section 44-10-103 (50)(d)(I);
(n) A person that is or has a controlling beneficial owner that is disqualified
as a bad actor pursuant to 17 CFR 230.506 (d)(1);
(o) A person that is not a publicly traded corporation that is or has a passive
beneficial owner or indirect financial interest holder that is disqualified as a bad
actor pursuant to 17 CFR 230.506 (d)(1);
(p) A person that is a publicly traded corporation that is or has a
nonobjecting passive beneficial owner or indirect financial interest holder that is
disqualified as a bad actor pursuant to 17 CFR 230.506 (d)(1); or
(q) A person that is or has a controlling beneficial owner, passive beneficial
owner, or indirect financial interest holder that is prohibited from engaging in
transactions pursuant to this article 10 due to its designation on the Specially
Designated Nationals and Blocked Persons list maintained by the federal office of
foreign assets control.
(2) The state licensing authority may deny or revoke a license if the applicant
or licensee's criminal character or criminal record poses a threat to the regulation
or control of marijuana.
(3) A medical marijuana license provided by this article 10 shall not be issued
to or held by:
(a) A licensed physician making patient recommendations; or
(b) A person whose authority to be a primary caregiver as defined in section
25-1.5-106 (2) has been revoked by the state health agency.
(4) (a) In investigating the qualifications of an applicant or a licensee, the
state licensing authority may have access to criminal history record information
furnished by a criminal justice agency subject to any restrictions imposed by such
agency. In the event the state licensing authority considers the applicant's criminal
history record, the state licensing authority shall also consider any information
provided by the applicant regarding such criminal history record, including but not
limited to evidence of rehabilitation, character references, and educational
achievements, especially those items pertaining to the period of time between the
applicant's last criminal conviction and the consideration of the application for a
state license.
(b) As used in subsection (4)(a) of this section, criminal justice agency
means any federal, state, or municipal court or any governmental agency or subunit
of such agency that administers criminal justice pursuant to a statute or executive
order and that allocates a substantial part of its annual budget to the
administration of criminal justice.
(c) [ Editor's note: This version of subsection (4)(c) is effective until January 5,
2026. ]
(I) At the time of filing an application for issuance or renewal of a state medical
marijuana business license, a retail marijuana business license, or a regulated
marijuana license or registration, including an occupational license and a license for
a controlling beneficial owner, as defined in section 44-10-103 (13), an applicant
shall submit a set of their fingerprints and file personal history information
concerning the applicant's qualifications for a state license on forms prepared by
the state licensing authority.
(II) The state licensing authority shall submit the applicant's fingerprints to
the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall
submit the fingerprints to the federal bureau of investigation for the purpose of
conducting national fingerprint-based criminal history record checks.
(III) Results of a fingerprint-based criminal history record check submitted to
the federal bureau of investigation in accordance with this section shall be sent to
the state licensing authority.
(IV) When the results of a fingerprint-based criminal history record check
reveal a record of arrest without a disposition, the state licensing authority shall
require an applicant or a license holder to submit to a name-based judicial record
check, as defined in section 22-2-119.3 (6)(d). The state authority shall use the
information resulting from the fingerprint-based criminal history record check to
investigate and determine whether an applicant is qualified to hold a state or local
license pursuant to this article 10. The state licensing authority may verify any of
the information an applicant is required to submit.
(c) [ Editor's note: This version of subsection (4)(c) is effective January 5,
2026. ]
(I) When filing an application for initial issuance of a state medical marijuana
business license, a retail marijuana business license, or a regulated marijuana
license or registration, including an occupational license and a license for a
controlling beneficial owner, as defined in section 44-10-103 (13), an applicant shall
submit a set of their fingerprints and file personal history information concerning
the applicant's qualifications for a state license on forms prepared by the state
licensing authority.
(II) The state licensing authority shall submit the applicant's fingerprints to
the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall
submit the fingerprints to the federal bureau of investigation for the purpose of
conducting national fingerprint-based criminal history record checks.
(III) Results of a fingerprint-based criminal history record check submitted to
the federal bureau of investigation in accordance with this section shall be sent to
the state licensing authority.
(IV) When the results of a fingerprint-based criminal history record check
reveal a record of arrest without a disposition, the state licensing authority shall
require an applicant or a license holder to submit to a name-based judicial record
check, as defined in section 22-2-119.3 (6)(d). The state authority shall use the
information resulting from the fingerprint-based criminal history record check to
investigate and determine whether an applicant is qualified to hold a state or local
license pursuant to this article 10. The state licensing authority may verify any of
the information an applicant is required to submit.
(V) When renewing a state medical marijuana business license or retail
marijuana business license, the licensee shall submit their name for a name-based
judicial record check. The state or local licensing authority or local jurisdiction shall
use the information resulting from the name-based judicial record check to
determine whether a licensee continues to be qualified to hold a state or local
license pursuant to this article 10. The state or local licensing authority or local
jurisdiction may verify any of the information a licensee is required to submit to
renew the license.