(1) (a) A
medical marijuana transporter license may be issued to a person to provide
logistics, distribution, delivery, and storage of medical marijuana and medical
marijuana products. Notwithstanding any other provisions of law, a medical
marijuana transporter license is valid for two years. A licensed medical marijuana
transporter is responsible for the medical marijuana and medical marijuana
products once it takes control of the product.
(b) A licensed medical marijuana transporter may contract with multiple
licensed medical marijuana businesses.
(c) On and after July 1, 2017, all medical marijuana transporters shall hold a
valid medical marijuana transporter license; except that an entity licensed pursuant
to this article 10 that provides its own distribution is not required to have a medical
marijuana transporter license to transport and distribute its products. The state
licensing authority shall begin accepting applications after January 1, 2017.
(2) A medical marijuana transporter licensee may maintain a licensed
premises to temporarily store medical marijuana and medical marijuana products
and to use as a centralized distribution point. The licensed premises must be
located in a jurisdiction that permits the operation of medical marijuana stores. A
licensed medical marijuana transporter may store and distribute medical marijuana
and medical marijuana products from this location. A storage facility must meet the
same security requirements that are required to obtain a medical marijuana
cultivation facility license.
(3) A medical marijuana transporter licensee shall use the seed-to-sale
tracking system developed pursuant to section 44-10-202 (1)(a) to create shipping
manifests documenting the transport of medical marijuana and medical marijuana
products throughout the state.
(4) A medical marijuana transporter licensee may:
(a) Maintain and operate one or more warehouses in the state to handle
medical marijuana and medical marijuana products; and
(b) Deliver medical marijuana and medical marijuana products on orders
previously taken if the place where orders are taken and delivered is licensed.
(5) (a) (I) There is authorized a medical marijuana delivery permit to a medical
marijuana transporter 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 upon renewal of the medical marijuana transporter license.
(III) A medical marijuana delivery permit issued pursuant to this section
applies to only one medical marijuana transporter; except that a single medical
marijuana delivery permit may apply to multiple medical marijuana transporters if
the medical marijuana transporters 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 transporter 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 transporter. 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 transporter license.
(b) A medical marijuana transporter 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 transporter with a medical marijuana
delivery permit may deliver medical marijuana and medical marijuana products on
behalf of a medical marijuana store only to the patient or parent or guardian who
placed the order with a medical marijuana store 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.
(d) In accordance with this subsection (5) and rules adopted to implement
this subsection (5), a licensed medical marijuana transporter with a valid medical
marijuana delivery permit may:
(I) Not accept orders on behalf of a medical marijuana store and may only
pick up already packaged medical marijuana delivery orders from a medical
marijuana store or its associated state licensing authority-authorized storage
facility as defined by rule and deliver those orders to the appropriate patient,
parent, or guardian;
(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 parent or guardian at the address provided in
the order;
(IV) Deliver no more than once per day to the same patient or residence;
(V) (A) Deliver only to a private residence.
(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 on behalf of, and pursuant to a
contract with, a medical marijuana store that has a valid medical marijuana delivery
permit from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(e) 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.
(f) Any person delivering medical marijuana or medical marijuana products
for a medical marijuana transporter must possess a valid occupational license and
be a current employee of the 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.
(g) (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 (5).
(h) It is not a violation of any provision of state, civil, or criminal law for a
licensed 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.
(i) (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 (5)(i)(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.
(j) The state licensing authority shall begin issuing medical marijuana
delivery permits to qualified medical marijuana transporter applicants on, but not
earlier than, January 2, 2021.