(1) For the purpose of regulating the
cultivation, manufacture, distribution, hospitality, and sale of regulated marijuana
and regulated marijuana products, the state licensing authority in its discretion,
upon application in the prescribed form made to it, may issue and grant to the
applicant a license from any of the classes listed in subsection (2) of this section,
subject to the provisions and restrictions provided by this article 10.
(2) (a) The following are medical marijuana licenses:
(I) Medical marijuana store license;
(II) Medical marijuana cultivation facility license;
(III) Medical marijuana products manufacturer license;
(IV) Medical marijuana testing facility license;
(V) Medical marijuana transporter license;
(VI) Medical marijuana business operator license; and
(VII) Marijuana research and development license.
(b) The following are retail marijuana licenses:
(I) Retail marijuana store license;
(II) Retail marijuana cultivation facility license;
(III) Retail marijuana products manufacturer license;
(IV) Retail marijuana testing facility license;
(V) Retail marijuana transporter license;
(VI) Retail marijuana business operator license;
(VII) Accelerator cultivator license;
(VIII) Accelerator manufacturer license;
(IX) Marijuana hospitality business license;
(X) Retail marijuana hospitality and sales business license; and
(XI) Accelerator store license.
(c) The following are regulated marijuana licenses or registrations:
Occupational licenses and registrations for owners, managers, operators,
employees, contractors, and other support staff employed by, working in, or having
access to restricted areas of the licensed premises, as determined by the state
licensing authority. The state licensing authority may take any action with respect
to a registration or permit pursuant to this article 10 as it may with respect to a
license pursuant to this article 10, in accordance with the procedures established
pursuant to this article 10.
(3) (a) [ Editor's note: This version of subsection (3)(a) is effective until
January 5, 2026. ] Prior to accepting a court appointment as a receiver, personal
representative, executor, administrator, guardian, conservator, trustee, or any other
similarly situated person to take possession of, operate, manage, or control a
licensed medical marijuana business, the proposed appointee shall certify to the
court that the proposed appointee is not prohibited from being issued a medical
marijuana license pursuant to section 44-10-307 (1). Within the time frame
established by rules promulgated by the state licensing authority pursuant to
section 44-10-203 (2)(q), an appointee shall notify the state and local licensing
authorities of the appointment and shall apply to the state licensing authority for a
finding of suitability.
(3) (a) [ Editor's note: This version of subsection (3)(a) is effective January 5,
2026. ] Prior to accepting a court appointment as a receiver, personal
representative, executor, administrator, guardian, conservator, trustee, or any other
similarly situated person to take possession of, operate, manage, or control a
licensed medical marijuana business or retail marijuana business, the proposed
appointee shall certify to the court that the proposed appointee is not prohibited
from being issued, pursuant to section 44-10-307 (1), a medical marijuana license or
retail marijuana license. Within the time frame established by rules adopted by the
state licensing authority pursuant to section 44-10-203 (2)(q), an appointee shall
notify the state and local licensing authorities of the appointment and shall apply to
the state licensing authority for a finding of suitability.
(b) [ Editor's note: This version of subsection (3)(b) is effective until January
5, 2026. ] Upon notification of an appointment required by subsection (3)(a) of this
section, the state licensing authority shall issue a temporary appointee registration
to the appointee effective as of the date of the appointment. Pursuant to sections
24-4-104, 44-10-202 (1)(b), and 44-10-901, the appointee's temporary appointee
registration may be suspended, revoked, or subject to other sanction if the state
licensing authority finds the appointee to be unsuitable or if the appointee fails to
comply with this article 10, the rules promulgated pursuant thereto, or any order of
the state licensing authority. If an appointee's temporary appointee registration is
suspended or revoked, the appointee shall immediately cease performing all
activities for which a license is required by this article 10. For purposes of section
44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana
business.
(b) [ Editor's note: This version of subsection (3)(b) is effective January 5,
2026. ] Upon notification of an appointment required by subsection (3)(a) of this
section, the state licensing authority shall issue a temporary appointee registration
to the appointee effective as of the date of the appointment. Pursuant to sections
24-4-104, 44-10-202 (1)(b), and 44-10-901, the appointee's temporary appointee
registration may be suspended, revoked, or subject to other sanction if the state
licensing authority finds the appointee to be unsuitable or if the appointee fails to
comply with this article 10, the rules adopted under this article 10, or any order of
the state licensing authority. If an appointee's temporary appointee registration is
suspended or revoked, the appointee shall immediately cease performing all
activities for which a license is required by this article 10. For purposes of section
44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana
business or retail marijuana business.
(c) The appointee shall inform the court of any action taken against the
temporary appointee registration by the state licensing authority pursuant to
section 24-4-104 or 44-10-901 within two business days of any such action.
(d) [ Editor's note: This version of subsection (3)(d) is effective until January
5, 2026. ] Unless otherwise permitted by this article 10 and rules promulgated
pursuant to this article 10, a person shall not take possession of, operate, manage,
or control a medical marijuana business on behalf of another except by court
appointment and in accordance with this subsection (3) and rules promulgated
pursuant thereto.
(d) [ Editor's note: This version of subsection (3)(d) is effective January 5,
2026. ] Unless otherwise permitted by this article 10 and rules adopted under this
article 10, a person shall not take possession of, operate, manage, or control a
medical marijuana business or retail marijuana business on behalf of another
except by court appointment and in accordance with this subsection (3) and rules
adopted under this subsection (3).
(4) All persons licensed pursuant to this article 10 shall collect sales tax on
all sales made pursuant to the licensing activities.
(5) A state chartered bank or a credit union may loan money to any person
licensed pursuant to this article 10 for the operation of a licensed medical or retail
marijuana business.
(6) For a person applying to be a social equity licensee, the state licensing
authority shall not deny an application on the sole basis of the prior marijuana
conviction of the applicant and at its discretion may waive other requirements.
(7) A person may not operate a license issued pursuant to this article 10 at
the same location as a license or permit issued pursuant to article 3, 4, or 5 of this
title 44.