§ 44-10-601 — Retail marijuana store license - rules - definitions
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(1) (a) A retail
marijuana store license may be issued only to a person selling retail marijuana or
retail marijuana products pursuant to the terms and conditions of this article 10.
(b) A retail marijuana store may cultivate its own retail marijuana if it obtains
a retail marijuana cultivation facility license, or it may purchase retail marijuana
from a licensed retail marijuana cultivation facility.
(c) A retail marijuana store shall not accept any retail marijuana purchased
from a retail marijuana cultivation facility unless the retail marijuana store is
provided with evidence that any applicable excise tax due, pursuant to article 28.8
of title 39, was paid.
(d) The retail marijuana store shall track all of its retail marijuana and retail
marijuana products from the point that they are transferred from a retail marijuana
cultivation facility or retail marijuana products manufacturer to the point of sale.
(2) (a) Notwithstanding the provisions of this section, a retail marijuana store
licensee may also sell retail marijuana products that are prepackaged and labeled
as required by rules of the state licensing authority pursuant to section 44-10-203
(2)(f) and (3)(b).
(b) A retail marijuana store licensee may transact with a retail marijuana
products manufacturer licensee for the purchase of retail marijuana products upon
a retail marijuana products manufacturer licensee's licensed premises or a retail
marijuana store's licensed premises.
(c) A retail marijuana store may sell retail marijuana and retail marijuana
products to a retail marijuana hospitality and sales business licensee.
(3) (a) (I) A retail marijuana store may not sell more than one ounce of retail
marijuana or its equivalent in retail marijuana products, including retail marijuana
concentrate, except for nonedible, nonpsychoactive retail marijuana products,
including ointments, lotions, balms, and other nontransdermal topical products,
during a single transaction to a person.
(II) As used in this subsection (3)(a), equivalent in retail marijuana products
has the same meaning as established by the state licensing authority by rule
pursuant to section 44-10-203 (4).
(b) (I) Prior to initiating a sale, the employee of the retail marijuana store
making the sale shall verify that the purchaser has a valid identification card
showing the purchaser is twenty-one years of age or older. If a person under
twenty-one years of age presents a fraudulent proof of age, any action relying on
the fraudulent proof of age shall not be grounds for the revocation or suspension of
any license issued under this article 10.
(II) (A) If a retail marijuana store licensee or employee has reasonable cause
to believe that a person is under twenty-one years of age and is exhibiting
fraudulent proof of age in an attempt to obtain any retail marijuana or marijuana
product, the licensee or employee is authorized to confiscate such fraudulent proof
of age, if possible, and shall, within seventy-two hours after the confiscation, remit
to a state or local law enforcement agency. The failure to confiscate such
fraudulent proof of age or to remit to a state or local law enforcement agency
within seventy-two hours after the confiscation does not constitute a criminal
offense.
(B) If a retail marijuana store licensee or employee believes that a person is
under twenty-one years of age and is exhibiting fraudulent proof of age in an
attempt to obtain any retail marijuana or retail marijuana product, the licensee or
employee or any peace or police officer, acting in good faith and upon probable
cause based upon reasonable grounds therefor, may detain and question such
person in a reasonable manner for the purpose of ascertaining whether the person
is guilty of any unlawful act regarding the purchase of retail marijuana. The
questioning of a person by an employee or a peace or police officer does not render
the licensee, the employee, or the peace or police officer civilly or criminally liable
for slander, false arrest, false imprisonment, malicious prosecution, or unlawful
detention.
(c) [ Editor's note: This version of subsection (3)(c) is effective until January 5,
2026. ]
(I) A retail 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 retail marijuana store shall verify the hemp product passed all
testing required for retail marijuana products at a licensed retail 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 retail 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.
(c) [ Editor's note: This version of subsection (3)(c) is effective January 5,
2026. ]
(I) A retail 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 retail marijuana store shall verify the hemp product passed all
testing required for retail marijuana products at a licensed retail 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 retail 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.
(d) When completing a sale of retail marijuana concentrate, the retail
marijuana store shall physically attach to the customer'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 retail 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 marijuana testing
facility license from the state licensing authority for testing and research purposes.
A retail 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.
(5) All retail marijuana and retail marijuana products sold at a licensed retail
marijuana store shall be packaged and labeled as required by rules of the state
licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(6) A licensed retail marijuana store shall comply with all provisions of article
34 of title 24, as the provisions relate to persons with disabilities.
(7) (a) A licensed retail marijuana store may only sell retail marijuana, retail
marijuana products, marijuana accessories, nonconsumable products such as
apparel, marijuana-related products such as childproof packaging containers, hemp
products, and food, including food that is not infused with marijuana or hemp
products or extracts, but a licensed retail marijuana store shall not give away or sell
cigarettes or alcohol. The licensed retail marijuana store shall not sell food in
excess of twenty percent of the store's annual gross revenues.
(b) A licensed retail marijuana store may not sell any retail marijuana or retail
marijuana products that contain nicotine or alcohol, if the sale of the alcohol would
require a license pursuant to article 3 or 4 of this title 44.
(c) (I) A licensed retail marijuana store may accept payment online for the
sale of retail marijuana and retail marijuana products.
(II) Unless otherwise authorized by this article 10, an individual must be
physically present on the retail marijuana store's licensed premises to take
possession of the purchased retail marijuana or retail marijuana product.
(III) At the time of an online order, the retail marijuana store shall require the
purchasing individual to provide information necessary to verify that the individual
is at least twenty-one years of age. At a minimum, the store shall require the
individual's name, the individual's date of birth, and any other information required
by the state licensing authority by rule. When the individual arrives to pick up the
online order, the store shall inspect the individual's identification. The store shall
not transfer possession of the order unless the name and date of birth provided at
the time of the order matches the name and date of birth on the individual's
identification.
(IV) A retail marijuana store shall ensure that an individual purchasing retail
marijuana or retail marijuana products online is provided with digital versions of all
warnings or educational materials that the retail marijuana store is required to post
and provide on its licensed premises, including the warning required pursuant to
section 44-10-203 (3)(h), the educational material required in subsection (3)(d) of
this section, and any additional relevant warnings or educational materials, as
applicable. The individual must acknowledge receipt of the warnings and
educational materials before completing the purchase.
(8) The premises of a licensed retail marijuana store is the only place where
an automatic dispensing machine that contains retail marijuana or retail marijuana
products may be located. If a licensed retail marijuana store uses an automatic
dispensing machine that contains retail marijuana and retail marijuana products, it
must comply with the regulations promulgated by the state licensing authority for
its use.
(9) Retail marijuana or retail marijuana products may not be consumed on
the premises of a retail marijuana store.
(10) Notwithstanding any other provision of state law, sales of retail
marijuana and retail marijuana products are not exempt from state or local sales
tax.
(11) A display case containing marijuana concentrate must include the
potency of the marijuana concentrate next to the name of the product.
(12) Notwithstanding any other provision of law to the contrary, a licensed
retail marijuana store may compensate its employees using performance-based
incentives, including sales-based performance-based incentives.
(13) (a) (I) There is authorized a retail marijuana delivery permit to a retail
marijuana store license authorizing the permit holder to deliver retail marijuana and
retail marijuana products.
(II) A retail marijuana delivery permit is valid for two years and may be
renewed upon renewal of the retail marijuana store license or retail marijuana
transporter license.
(III) A retail marijuana delivery permit issued pursuant to this section applies
to only one retail marijuana store; except that a single retail marijuana delivery
permit may apply to multiple retail marijuana stores if the retail 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 retail marijuana delivery permit
to a qualified applicant, as determined by the state licensing authority, that holds a
retail marijuana store license issued pursuant to this article 10. A permit applicant is
prohibited from delivering retail marijuana and retail marijuana products without
state and local jurisdiction approval. If the applicant does not receive local
jurisdiction approval within one year from the date of the state licensing authority
approval, the state permit expires and may not be renewed. If an application is
denied by the local licensing authority, the state licensing authority shall revoke the
state-issued permit. The state licensing authority has discretion in determining
whether an applicant is qualified to receive a retail marijuana delivery permit. A
retail marijuana delivery permit issued by the state licensing authority is deemed a
revocable privilege of a licensed retail marijuana store or retail marijuana
transporter licensee. A violation related to a retail marijuana delivery permit is
grounds for a fine or suspension or revocation of the delivery permit or retail
marijuana store license.
(b) A retail marijuana store licensee shall not make deliveries of retail
marijuana or retail marijuana products to individuals while also transporting retail
marijuana or retail marijuana products between licensed premises in the same
vehicle.
(c) The licensed retail marijuana store shall charge a one-dollar surcharge on
each delivery. The licensed retail marijuana store shall remit the surcharges
collected on a monthly basis to the municipality where the licensed retail marijuana
store is located, or to the county if the licensed retail marijuana store is in an
unincorporated area, for local law enforcement costs related to marijuana
enforcement. Failure to comply with this subsection (13)(c) may result in
nonrenewal of the retail marijuana delivery permit.
(d) A licensed retail marijuana store with a retail marijuana delivery permit
may deliver retail marijuana and retail marijuana products only to the individual who
placed the order and who:
(I) Is twenty-one years of age or older;
(II) Receives the delivery of retail marijuana or retail marijuana products
pursuant to rules; and
(III) Possesses an acceptable form of identification.
(e) Any person delivering retail marijuana or retail marijuana products must
possess a valid occupational license and be a current employee of the licensed
retail marijuana store or retail marijuana transporter licensee with a valid retail
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 (13) and rules adopted to implement
this subsection (13), a licensed retail marijuana store with a valid retail marijuana
delivery permit may:
(I) Receive an order through electronic or other means for the purchase and
delivery of retail marijuana or retail marijuana products. When using an online
platform for marijuana delivery, the platform must require the individual to choose a
retail marijuana store before viewing the price.
(II) Deliver retail marijuana or retail marijuana products not in excess of the
amounts established by the state licensing authority;
(III) Deliver only to an individual at the address provided in the order;
(IV) Deliver no more than once per day to the same individual 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 retail marijuana or retail 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 retail
marijuana transporter that has a valid retail marijuana delivery permit to conduct
deliveries on its behalf, from its retail marijuana store or its associated state
licensing authority-authorized storage facility as defined by rule.
(g) (I) At the time of the order, the retail marijuana store shall require the
individual to provide information necessary to verify the individual is at least
twenty-one years of age. The provided information must, at a minimum, include the
following:
(A) The individual's name and date of birth;
(B) The address of the residence where the order will be delivered; and
(C) Any other information required by state licensing authority rule.
(II) Prior to transferring possession of the order to an individual, the person
delivering the order shall inspect the individual's identification and verify that the
information provided at the time of the order matches the name and age on the
individual'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 retail marijuana
and retail 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 retail marijuana delivery operations pursuant to this
subsection (13).
(i) It is not a violation of any provision of state, civil, or criminal law for a
licensed retail marijuana store or retail marijuana transporter licensee with a valid
retail 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 retail marijuana or retail marijuana products pursuant to a retail 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 action, and final agency action orders,
related to criminal activity materially related to retail 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 retail
marijuana or retail 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 retail marijuana or retail marijuana products pursuant
to this section.
(II) An ordinance adopted pursuant to subsection (13)(k)(I) of this section may
prohibit delivery of retail marijuana and retail marijuana products from a retail
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) The state licensing authority shall begin issuing retail marijuana delivery
permits to qualified retail marijuana store applicants on, but not earlier than,
January 2, 2021.
(14) An accelerator store licensee may operate on the premises of a retail
marijuana store licensee if before each accelerator store licensee operates, the
retail marijuana store licensee has its premises endorsed pursuant to rule and each
accelerator store licensee is approved to operate on that premises.
(15) A retail marijuana store licensee that hosts an accelerator store licensee
may, pursuant to rule, provide technical and compliance assistance to an
accelerator store licensee operating on its premises. A retail marijuana store
licensee that hosts an accelerator store licensee may, pursuant to rule, provide
capital assistance to an accelerator store licensee operating on its premises.
(16) A retail marijuana store, pursuant to rule and the state licensing
authority discretion, may be eligible for incentives available through the
department of revenue or the office of economic development and international
trade, including but not limited to a reduction in application or license fees.
(17) A retail marijuana store or retail marijuana stores shall not sell any more
than eight grams of retail marijuana concentrate to a person in a single day.
Colorado § 44-10-601 (Retail marijuana store license - rules - definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.