§ 44-10-501 — Medical marijuana store license
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(1) (a) A medical marijuana
store license may be issued only to a person selling medical marijuana pursuant to
the terms and conditions of this article 10.
(b) (I) The medical marijuana store shall track all of its medical marijuana and
medical marijuana products from the point that they are transferred from a medical
marijuana cultivation facility or medical marijuana products manufacturer to the
point of sale. When completing a patient sales transaction, the medical marijuana
store shall immediately record each sales transaction in the seed-to-sale inventory
tracking system in order to allow the seed-to-sale inventory tracking system to:
(A) Continuously monitor entry of patient data to identify discrepancies with
daily authorized quantity limits and THC potency authorizations;
(B) Access and retrieve real-time sales data based on patient identification
number; and
(C) Respond with a user error message if a sale to a patient or caregiver will
exceed the patient's daily authorized quantity limit for that business day or THC
potency authorization.
(II) In the event of a temporary outage of the seed-to-sale tracking system, a
medical marijuana store may rely upon the physician's certification required by
section 25-1.5-106 and is not responsible for any unintentional sale in excess of the
authorized quantity limit that occurs during the outage, provided however that the
medical marijuana store uploads its sales data into the seed-to-sale tracking
system as soon as reasonably practical after the end of the outage.
(III) The data collected pursuant to this subsection (1)(b), including any
personal identifying patient information, is subject to the confidentiality
requirements of section 44-10-204.
(2) (a) Notwithstanding the provisions of this section, a medical marijuana
store licensee may also sell medical marijuana products that are prepackaged and
labeled so as to clearly indicate all of the following:
(I) That the product contains medical marijuana;
(II) That the product is manufactured without any regulatory oversight for
health, safety, or efficacy; and
(III) That there may be health risks associated with the consumption or use of
the product.
(b) A medical marijuana store licensee may contract with a medical
marijuana products manufacturer licensee for the manufacture of medical
marijuana products upon a medical marijuana products manufacturer licensee's
licensed premises.
(3) (a) Every person selling medical marijuana as provided for in this article
10 shall sell only medical marijuana acquired from a medical marijuana cultivation
facility licensee, medical marijuana products manufacturer licensee, or another
medical marijuana store.
(b) A medical marijuana store may not sell more than two ounces of medical
marijuana to a patient or caregiver; except that a medical marijuana store may sell
more than two ounces to a patient or caregiver who has been recommended an
extended ounce count by his or her recommending physician in accordance with
regulations adopted by the state licensing authority.
(c) In addition to medical marijuana, a medical marijuana store may sell no
more than six immature plants to a patient; except that a medical marijuana store
may sell more than six immature plants, but may not exceed half the recommended
plant count, to a patient who has been recommended an expanded plant count by
his or her recommending physician in accordance with regulations adopted by the
state licensing authority. A medical marijuana store may sell immature plants to a
primary caregiver, another medical marijuana store, or a medical marijuana
products manufacturer pursuant to rules promulgated by the state licensing
authority.
(d) A medical marijuana store may sell medical marijuana to another medical
marijuana store, a medical marijuana cultivation facility, or a medical marijuana
products manufacturer pursuant to rules promulgated by the state licensing
authority.
(e) [ Editor's note: This version of subsection (3)(e) is effective until January
5, 2026. ]
(I) A medical marijuana store that sells a hemp product shall ensure that the hemp
product has passed all testing required by rules promulgated by the state licensing
authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the
hemp product, a medical marijuana store shall verify the hemp product passed all
testing required for medical marijuana products at a licensed medical marijuana
testing facility and that the person transferring the hemp product has received a
registration from the department of public health and environment pursuant to
section 25-5-426.
(II) Absent sampling and testing standards established by the department of
public health and environment for the sampling and testing of a hemp product, a
person transferring a hemp product to a medical marijuana store pursuant to this
section shall comply with sampling and testing standards consistent with those
established by the state licensing authority pursuant to this article 10. The state
licensing authority shall report to the department of public health and environment
any investigations or findings of violations of this section by a person registered
pursuant to section 25-5-426.
(e) [ Editor's note: This version of subsection (3)(e) is effective January 5,
2026. ]
(I) A medical marijuana store that sells a hemp product shall ensure that the hemp
product has passed all testing required by rules adopted by the state licensing
authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the
hemp product, a medical marijuana store shall verify the hemp product passed all
testing required for medical marijuana products at a licensed medical marijuana
testing facility and that the person transferring the hemp product has received a
registration from the department of public health and environment pursuant to
section 25-5-427.
(II) Absent sampling and testing standards established by the department of
public health and environment for the sampling and testing of a hemp product, a
person transferring a hemp product to a medical marijuana store pursuant to this
section shall comply with sampling and testing standards consistent with those
established by the state licensing authority pursuant to this article 10. The state
licensing authority shall report to the department of public health and environment
any investigations or findings of violations of this section by a person registered
pursuant to section 25-5-427.
(f) The provisions of this subsection (3) do not apply to medical marijuana
products.
(g) When completing a sale of medical marijuana concentrate, the medical
marijuana store shall physically attach to the patient's receipt of sale, product
container, or exit packaging the tangible educational resource created by the state
licensing authority regarding the use of medical marijuana concentrate.
(4) (a) Prior to initiating a sale, the employee of the medical marijuana store
making the sale shall verify:
(I) That the purchaser has a valid registry identification card issued pursuant
to section 25-1.5-106 or a copy of a current and complete new application for the
medical marijuana registry administered by the department of public health and
environment that is documented by proof as having been submitted to the
department of public health and environment within the preceding thirty-five days;
(II) A valid picture identification card that matches the name on the registry
identification card; and
(III) That the patient's or caregiver's purchase will not exceed the patient's
daily authorized quantity limit or the amount listed on the patient's certification,
whichever is greater, and the purchase aligns with the purchase authority
information in the seed-to-sale tracking system.
(b) A purchaser may not provide a copy of a renewal application in order to
make a purchase at a medical marijuana store. A purchaser may only make a
purchase using a copy of the purchaser's application from 8 a.m. to 5 p.m., Monday
through Friday. If the purchaser presents a copy of the purchaser's application at
the time of purchase, the employee must contact the department of public health
and environment to determine whether the purchaser's application has been
denied. The employee shall not complete the transaction if the purchaser's
application has been denied. If the purchaser's application has been denied, the
employee is authorized to confiscate the purchaser's copy of the application and
the documentation of proof of submittal, if possible, and shall, within seventy-two
hours after the confiscation, turn it over to the department of public health and
environment or a local law enforcement agency. The failure to confiscate the copy
of the application and document of proof of submittal or to turn it over to the state
health department or a state or local law enforcement agency within seventy-two
hours after the confiscation is not a criminal offense.
(c) If the patient seeks to purchase more than the statutorily allowed daily
authorized limit of concentrate for the patient's age group, the patient shall present
the patient's certification at the time of purchase and the medical marijuana store
shall not exceed statutorily allowed quantities or the quantities specified in the
certification.
(5) Transactions for the sale of medical marijuana or a medical marijuana
product at a medical marijuana store may be completed by using an automated
machine that is in a restricted access area of the store if the machine complies with
the rules promulgated by the state licensing authority regarding the transaction of
sale of product at a medical marijuana store and the transaction complies with
subsection (4) of this section.
(6) A medical marijuana store may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a medical marijuana
testing facility license from the state licensing authority for testing and research
purposes. A medical marijuana store shall maintain a record of what was provided
to the testing facility, the identity of the testing facility, and the results of the
testing.
(7) (Deleted by amendment, L. 2019.)
(8) A licensed medical marijuana store shall comply with all provisions of
article 34 of title 24, as the provisions relate to persons with disabilities.
(9) Notwithstanding the provisions of section 44-10-701 (3)(g), a medical
marijuana store may sell below cost or donate to a patient who has been designated
indigent by the state health agency or who is in hospice care:
(a) Medical marijuana; or
(b) No more than six immature plants; except that a medical marijuana store
may sell or donate more than six immature plants, but may not exceed half the
recommended plant count, to a patient who has been recommended an expanded
plant count by his or her recommending physician; or
(c) Medical marijuana products to patients.
(10) (a) Except as provided in subsection (10)(b) of this section, a medical
marijuana store shall not sell, individually or in any combination, more than two
ounces of medical marijuana flower, eight grams of medical marijuana concentrate,
or medical marijuana products containing a combined total of twenty thousand
milligrams to a patient in a single business day.
(b) (I) A medical marijuana store may sell medical marijuana flower in an
amount that exceeds the sales limitation established pursuant to subsection (10)(a)
of this section only to a patient who has a physician recommendation for more than
two ounces of flower and is registered with the medical marijuana store.
(II) A medical marijuana store may sell medical marijuana products in an
amount that exceeds the sales limitation pursuant to subsection (10)(a) of this
section only to a patient who has a physician exemption from the sales limitation
and is registered with the medical marijuana store. A physician making medical
marijuana recommendations for a debilitating medical condition or disabling
medical condition pursuant to article 1.5 of title 25 may exempt a patient from the
medical marijuana concentrate or medical marijuana products sales limitation
established in subsection (10)(a) of this section. A physician providing an exemption
shall document and maintain the exemption in the physician's record-keeping
system for the patient and shall provide written documentation to the patient to
allow a medical marijuana store to verify the exemption. The written documentation
of the exemption provided to a patient must, at a minimum, include the patient's
name and registry number, the physician's name, valid license number, physical
business address, any electronic mailing address, and phone number. The state
health agency may require a physician providing an exemption to the sales
limitation to document the exemption in the medical marijuana registry.
(III) (A) A medical marijuana store or medical marijuana stores shall not sell
any more than eight grams of medical marijuana concentrate to a patient in a single
day; except that this subsection (10)(b) does not apply if the patient is homebound,
if the physician's certification specifically states that the patient needs more than
eight grams of medical marijuana concentrate, if it would be a significant physical
or geographic hardship for the patient to make a daily purchase, or if the patient
had a registry identification card prior to eighteen years of age.
(B) Notwithstanding the provisions of subsection (10)(b)(III)(A) of this section,
if the patient is eighteen to twenty years of age, a medical marijuana store or
medical marijuana stores shall not sell any more than two grams of medical
marijuana concentrate to a patient in a single day; except that this subsection
(10)(b) does not apply if the patient is homebound, if the physician's certification
specifically states the patient needs more than two grams of medical marijuana
concentrate, if it would be a significant physical or geographic hardship for the
patient to make a daily purchase, or if the patient had a registry identification card
prior to eighteen years of age.
(c) The state licensing authority may promulgate rules to establish certain
exemptions to the medical marijuana concentrate or medical marijuana products
sales limitation and may establish record-keeping requirements for medical
marijuana stores engaging in sales transactions pursuant to any exemption to the
sales limitation. When establishing any exemptions, the state licensing authority
shall consult with members of the medical marijuana patient community and
physicians making medical marijuana recommendations pursuant to section 14 of
article XVIII of the state constitution and article 1.5 of title 25.
(d) A medical marijuana store shall not engage in sales transactions to the
same patient during the same business day when the medical marijuana store or its
employee knows or reasonably should have known that the sales transaction would
result in the patient possessing more than the sales limitation established by
subsection (10)(a) of this section.
(11) (a) (I) There is authorized a medical marijuana delivery permit to a
medical marijuana store license authorizing the permit holder to deliver medical
marijuana and medical marijuana products.
(II) A medical marijuana delivery permit is valid for two years and may be
renewed annually upon renewal of the medical marijuana store license.
(III) A medical marijuana delivery permit issued pursuant to this section
applies to only one medical marijuana store; except that a single medical marijuana
delivery permit may apply to multiple medical marijuana stores provided that the
medical marijuana stores are in the same local jurisdiction and are identically
owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a medical marijuana delivery
permit to a qualified applicant, as determined by the state licensing authority, that
holds a medical marijuana store license issued pursuant to this article 10. The state
licensing authority has discretion in determining whether an applicant is qualified to
receive a medical marijuana delivery permit. A medical marijuana delivery permit
issued by the state licensing authority is deemed a revocable privilege of a licensed
medical marijuana store. A violation related to a medical marijuana delivery permit
is grounds for a fine or suspension or revocation of the delivery permit or medical
marijuana store license.
(b) A medical marijuana store licensee shall not make deliveries of medical
marijuana or medical marijuana products to patients or parents or guardians while
also transporting medical marijuana or medical marijuana products between
licensed premises in the same vehicle.
(c) A licensed medical marijuana store shall charge a one-dollar surcharge
on each delivery. The licensed medical marijuana store shall remit the surcharges
collected on a monthly basis to the municipality where the licensed medical
marijuana store is located, or to the county if the licensed medical marijuana store
is in an unincorporated area, for local law enforcement costs related to marijuana
enforcement. Failure to comply with this subsection (11)(c) may result in nonrenewal
of the medical marijuana delivery permit.
(d) A licensed medical marijuana store with a medical marijuana delivery
permit may deliver medical marijuana and medical marijuana products only to the
patient or parent or guardian who placed the order and who:
(I) Is a current registrant of the medical marijuana patient registry and is
twenty-one years of age or older or the parent or guardian of a patient who is also
the patient's primary caregiver;
(II) Receives the delivery of medical marijuana or medical marijuana products
pursuant to rules; and
(III) Possesses an acceptable form of identification.
(e) Any person delivering medical marijuana or medical marijuana products
must possess a valid occupational license and be a current employee of the
licensed medical marijuana store or medical marijuana transporter licensee with a
valid medical marijuana delivery permit; must have undergone training regarding
proof-of-age identification and verification, including all forms of identification that
are deemed acceptable by the state licensing authority; and must have any other
training required by the state licensing authority.
(f) In accordance with this subsection (11) and rules adopted to implement
this subsection (11), a licensed medical marijuana store with a valid medical
marijuana delivery permit may:
(I) Receive an order by electronic or other means from a patient or the parent
or guardian for the purchase and delivery of medical marijuana or medical
marijuana products. When using an online platform for marijuana delivery, the
platform must require the patient or parent or guardian to choose a medical
marijuana store before viewing the price.
(II) Deliver medical marijuana and medical marijuana products not in excess
of the amounts established by the state licensing authority;
(III) Deliver only to a patient or a parent or guardian at the address provided
in the order;
(IV) Deliver no more than once per day to the same patient or parent or
guardian or residence;
(V) (A) Deliver only to private residences.
(B) For purposes of this section, private residences means private premises
where a person lives, such as a private dwelling place or place of habitation, and
specifically excludes any premises located at a school or on the campus of an
institution of higher education, or any other public property.
(VI) Deliver medical marijuana or medical marijuana products only by a motor
vehicle that complies with this section and the rules promulgated pursuant to this
section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries, or contract with a medical
marijuana transporter that has a valid medical marijuana delivery permit to conduct
deliveries on its behalf, from its medical marijuana store or its associated state
licensing authority-authorized storage facility as defined by rule.
(g) (I) At the time of the order, the medical marijuana store shall require the
patient or parent or guardian to provide information necessary to verify the patient
is qualified to purchase and receive a delivery of medical marijuana and medical
marijuana products pursuant to this section. The provided information must, at a
minimum, include the following:
(A) The patient's name and date of birth;
(B) The registration number reflected on the patient's registry identification
card issued pursuant to section 25-1.5-106;
(C) If the patient is under eighteen years of age, the name and date of birth
of the parent or guardian designated as the patient's primary caregiver and, if
applicable, the registration number of the primary caregiver;
(D) The address of the residence where the order will be delivered; and
(E) Any other information required by state licensing authority rule.
(II) Prior to transferring possession of the order to a patient or a parent or
guardian, the person delivering the order shall inspect the patient's or parent's or
guardian's identification and registry identification card issued pursuant to section
25-1.5-106, verify the possession of a valid registry identification card issued
pursuant to section 25-1.5-106, and verify that the information provided at the time
of the order matches the name and age on the patient's or parent's or guardian's
identification.
(h) (I) Unless otherwise provided by the state licensing authority by rules
promulgated pursuant to this article 10, all requirements applicable to other
licenses issued pursuant to this article 10 apply to the delivery of medical marijuana
and medical marijuana products, including but not limited to inventory tracking,
transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section
44-10-203 (3)(a) apply to medical marijuana delivery operations pursuant to this
subsection (11).
(i) It is not a violation of any provision of state, civil, or criminal law for a
licensed medical marijuana store or medical marijuana transporter licensee with a
valid medical marijuana delivery permit, or such person who has made timely and
sufficient application for the renewal of the permit, or its licensees to possess,
transport, and deliver medical marijuana and medical marijuana products pursuant
to a medical marijuana delivery permit in amounts that do not exceed amounts
established by the state licensing authority.
(j) A local law enforcement agency may request state licensing authority
reports, including complaints, investigative actions, and final agency action orders,
related to criminal activity materially related to medical marijuana delivery in the
law enforcement agency's jurisdiction, and the state licensing authority shall
promptly provide any reports in its possession for the law enforcement agency's
jurisdiction.
(k) (I) Notwithstanding any provisions of this section, delivery of medical
marijuana or medical marijuana products is not permitted in any municipality,
county, or city and county unless the municipality, county, or city and county, by
either a majority of the registered electors of the municipality, county, 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, or city and county,
vote to allow the delivery of medical marijuana or medical marijuana products
pursuant to this section.
(II) An ordinance adopted pursuant to subsection (11)(k)(I) of this section may
prohibit delivery of medical marijuana or medical marijuana products from a
medical marijuana store that is outside a municipality's, county's, city's, or city and
county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(l) Notwithstanding any provisions of this section, delivery of retail marijuana
or retail marijuana products is not permitted at any school or on the campus of any
institution of higher education.
(m) (I) The state licensing authority shall begin issuing medical marijuana
delivery permits to qualified medical marijuana store applicants on, but not earlier
than, January 2, 2020.
(II) Repealed.
(12) Notwithstanding any other provision of law to the contrary, a licensed
medical marijuana store may compensate its employees using performance-based
incentives, including sales-based performance-based incentives.
Colorado § 44-10-501 (Medical marijuana store license) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.