(1) (a) A retail
marijuana transporter license may be issued to a person to provide logistics,
distribution, delivery, and storage of retail marijuana and retail marijuana products.
Notwithstanding any other provisions of law, a retail marijuana transporter license
is valid for two years. A licensed retail marijuana transporter is responsible for the
retail marijuana and retail marijuana products once it takes control of the product.
(b) A licensed retail marijuana transporter may contract with multiple
licensed retail marijuana businesses.
(c) On and after July 1, 2017, all retail marijuana transporters shall hold a
valid retail marijuana transporter license; except that an entity licensed pursuant to
this article 10 that provides its own distribution is not required to have a retail
marijuana transporter license to transport and distribute its products. The state
licensing authority shall begin accepting applications after January 1, 2017.
(2) A retail marijuana transporter licensee may maintain a licensed premises
to temporarily store retail marijuana and retail marijuana products and to use as a
centralized distribution point. The licensed premises must be located in a
jurisdiction that permits the operation of retail marijuana stores. A licensed retail
marijuana transporter may store and distribute retail marijuana and retail marijuana
products from this location. A storage facility must meet the same security
requirements that are required to obtain a retail marijuana cultivation facility
license.
(3) A retail 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 retail marijuana and retail marijuana
products throughout the state.
(4) A retail marijuana transporter licensee may:
(a) Maintain and operate one or more warehouses in the state to handle retail
marijuana and retail marijuana products; and
(b) Deliver retail marijuana products on orders previously taken if the place
where orders are taken and delivered is licensed.
(5) (a) (I) There is authorized a retail marijuana delivery permit to a retail
marijuana transporter 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 transporter license.
(III) A retail marijuana delivery permit issued pursuant to this section applies
to only one retail marijuana transporter; except that a single retail marijuana
delivery permit may apply to multiple retail marijuana transporters provided that
the retail 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 retail marijuana delivery permit
to a qualified applicant, as determined by the state licensing authority, that holds a
retail marijuana transporter 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 transporter. 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 transporter license.
(b) A retail marijuana transporter 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) A licensed retail marijuana transporter with a retail marijuana delivery
permit may deliver retail marijuana and retail marijuana products on behalf of a
retail marijuana store only to the individual who placed the order with a retail
marijuana store 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.
(d) In accordance with this subsection (5) and rules adopted to implement
this subsection (5), a licensed retail marijuana transporter with a valid retail
marijuana delivery permit may:
(I) Not accept orders on behalf of a retail marijuana store and may only pick
up already packaged retail marijuana delivery orders from a retail marijuana store
or its associated state licensing authority-authorized storage facility as defined by
rule and deliver those orders to the appropriate individual;
(II) Deliver retail marijuana and 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 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 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 on behalf of, and pursuant to a
contract with, a retail marijuana store that has a valid retail marijuana delivery
permit from its retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(e) 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.
(f) Any person delivering retail marijuana or retail marijuana products for a
retail marijuana transporter must possess a valid occupational license and be a
current employee of the 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.
(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 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 (5).
(h) It is not a violation of any provision of state, civil, or criminal law for a
licensed 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 and retail marijuana products pursuant to a retail 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 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 (5)(i)(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.
(j) The state licensing authority shall begin issuing retail marijuana delivery
permits to qualified retail marijuana transporter applicants on, but not earlier than,
January 2, 2021.