§ 44-10-310 — Business owner and financial interest suitability requirements

Colorado § 44-10-310

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

Text

(1) This section applies to all persons required to submit a finding of suitability.

(2) Any person intending to become a controlling beneficial owner of any
medical marijuana business or retail marijuana business, except as otherwise
provided in section 44-10-312 (4), shall first submit a request to the state licensing
authority for a finding of suitability or an exemption from an otherwise required
finding of suitability.

(3) For reasonable cause, any other person that was disclosed or that should
have been disclosed pursuant to section 44-10-309, including but not limited to a
passive beneficial owner, shall submit a request for a finding of suitability.

(4) Failure to provide all requested information in connection with a request
for a finding of suitability is grounds for denial of that finding of suitability.

(5) Failure to receive all required findings of suitability is grounds for denial
of an application or for suspension, revocation, or other sanction against the license
by the state licensing authority. For initial applications, the finding of suitability
shall be required prior to submitting the application for licensure.

(6) Any person required to obtain a finding of suitability shall do so on forms
provided by the state licensing authority, and the forms must contain such
information as the state licensing authority may require. Each suitability application
must be verified by the oath or affirmation of the persons prescribed by the state
licensing authority.

(7) A person requesting a finding of suitability shall provide the state
licensing authority with a deposit to cover the direct and indirect costs of any
investigation necessary to determine any required finding of suitability unless
otherwise established by rule. The state licensing authority may make further rules
regarding the deposit and direct and indirect costs that must be billed against the
deposit, unless otherwise established by rule.

(8) When determining whether a person is suitable or unsuitable for
licensure, the state licensing authority may consider the person's criminal character
or record, licensing character or record, or financial character or record.

(9) A person that would otherwise be required to obtain a finding of
suitability may request an exemption from the state licensing authority as
determined by rule.

(10) Absent reasonable cause, the state licensing authority shall approve or
deny a request for a finding of suitability within one hundred twenty days from the
date of submission of the request for such finding.

(11) 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 to be
unsuitable pursuant to this section.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2870, � 5, effective January 1, 2020.