(1)(a) All money collected by the
state licensing authority pursuant to this article 10 must be transmitted to the state
treasurer, who shall credit the same to the marijuana cash fund, which fund is
hereby created and referred to in this section as the fund. The fund consists of:
(I)The money collected by the state licensing authority; and
(II)Any additional general fund money appropriated or transferred to the
fund that is necessary for the operation of the state licensing authority.
(b)Money in the fund is subject to annual appropriation by the general
assembly to the department for the direct and indirect costs associated with
implementing this article 10 and article 28.8 of title 39.
(c)Any money in the fund not expended for these purposes may be invested
by the state
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(1) (a) All money collected by the
state licensing authority pursuant to this article 10 must be transmitted to the state
treasurer, who shall credit the same to the marijuana cash fund, which fund is
hereby created and referred to in this section as the fund. The fund consists of:
(I) The money collected by the state licensing authority; and
(II) Any additional general fund money appropriated or transferred to the
fund that is necessary for the operation of the state licensing authority.
(b) Money in the fund is subject to annual appropriation by the general
assembly to the department for the direct and indirect costs associated with
implementing this article 10 and article 28.8 of title 39.
(c) Any money in the fund not expended for these purposes may be invested
by the state treasurer as provided by law. All interest and income derived from the
investment and deposit of money in the fund shall be credited to the fund. Any
unexpended and unencumbered money remaining in the fund at the end of a fiscal
year remains in the fund and shall not be credited or transferred to the general fund
or another fund.
(d) and (e) Repealed.
(2) The executive director by rule or as otherwise provided by law may
reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any
portion of one or more of the fees is credited. After the uncommitted reserves of
the fund are sufficiently reduced, the executive director by rule or as otherwise
provided by law may increase the amount of one or more of the fees as provided in
section 24-75-402 (4).
(3) (a) [ Editor's note: This version of the introductory portion to subsection
(3)(a) is effective until January 5, 2026. ] The state licensing authority shall
establish fees for processing the following types of applications, licenses, notices,
or reports required to be submitted to the state licensing authority:
(3) (a) [ Editor's note: This version of the introductory portion to subsection
(3)(a) is effective January 5, 2026. ] The state licensing authority shall establish
fees for processing the following types of applications, licenses, notices, requests,
or reports required to be submitted to the state licensing authority:
(I) Applications for licenses listed in section 44-10-401 and rules
promulgated pursuant to that section;
(II) Applications to change location pursuant to section 44-10-313 (13) and
rules promulgated pursuant to that section;
(III) Applications for transfer of ownership pursuant to section 44-10-312 and
rules promulgated pursuant to that section;
(IV) [ Editor's note: This version of subsection (3)(a)(IV) is effective until
January 5, 2026. ] License renewal and expired license renewal applications
pursuant to section 44-10-314; and
(IV) [ Editor's note: This version of subsection (3)(a)(IV) is effective January 5,
2026. ] License renewal and expired license renewal applications pursuant to
section 44-10-314;
(V) [ Editor's note: This version of subsection (3)(a)(V) is effective until
January 5, 2026. ] Licenses as listed in section 44-10-401.
(V) [ Editor's note: This version of subsection (3)(a)(V) is effective January 5,
2026. ] Licenses as listed in section 44-10-401; and
(VI) [ Editor's note: Subsection (3)(a)(VI) is effective January 5, 2026. ] Requests for copies of a license application submitted by the applicant.
(b) The amounts of such fees, when added to the other fees transferred to
the fund pursuant to this section, must reflect the actual direct and indirect costs
of the state licensing authority in the administration and enforcement of this article
10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in
administrative agency cash funds as set forth in section 24-75-402 (3).
(c) The state licensing authority may charge applicants licensed under this
article 10 a fee for the cost of each fingerprint analysis and background
investigation undertaken to qualify new officers, directors, managers, or
employees.
(d) At least annually, the state licensing authority shall review the amounts
of the fees and, if necessary, adjust the amounts to reflect the direct and indirect
costs of the state licensing authority.
(4) Except as provided in subsection (5) of this section, the state licensing
authority shall establish a basic fee that shall be paid at the time of service of any
subpoena upon the state licensing authority, plus a fee for meals and a fee for
mileage at the rate prescribed for state officers and employees in section 24-9-104
for each mile actually and necessarily traveled in going to and returning from the
place named in the subpoena. If the person named in the subpoena is required to
attend the place named in the subpoena for more than one day, there must be paid,
in advance, a sum to be established by the state licensing authority for each day of
attendance to cover the expenses of the person named in the subpoena.
(5) The subpoena fee established pursuant to subsection (4) of this section is
not applicable to any federal, state, or local governmental agency.
(6) Repealed.