(1) The state licensing authority shall:
(a) Beginning on or before December 31, 2024, grant or refuse state licenses
for the cultivation, manufacturing, testing, storage, distribution, transport, transfer,
and dispensation of regulated natural medicine or regulated natural medicine
product; suspend, fine, restrict, or revoke such licenses, whether active, expired, or
surrendered, upon a violation of this article 50 or a rule promulgated pursuant to
this article 50; and impose any penalty authorized by this article 50 or a rule
promulgated pursuant to this article 50. The state licensing authority may take any
action with respect to a registration or permit pursuant to this article 50 as it may
with respect to a license issued pursuant to this article 50, in accordance with the
procedures established pursuant to this article 50.
(b) Promulgate rules for the proper regulation and control of the cultivation,
manufacturing, testing, storage, distribution, transport, transfer, and dispensation
of regulated natural medicine or regulated natural medicine product and for the
enforcement of this article 50 and promulgate amended rules and such special
rulings and findings as necessary;
(c) Conduct investigations and hearings, gather evidence, and pursue
disciplinary actions with respect to licenses when the state licensing authority has
reasonable cause to believe that a person or entity is violating this article 50 or a
rule promulgated pursuant to this article 50;
(d) (I) Petition a district court for an investigative subpoena applicable to a
person who is not licensed pursuant to this article 50 to obtain documents or
information necessary to enforce a provision of this article 50 or a rule promulgated
pursuant to this article 50 after reasonable efforts have been made to obtain
requested documents or information without a subpoena;
(II) Apply to any court of competent jurisdiction to temporarily restrain or
preliminarily or permanently enjoin the act in question of a person who is not
licensed pursuant to this article 50 and to enforce compliance with this article 50 or
a rule promulgated pursuant to this article 50 whenever it appears to the director
of the natural medicine division upon sufficient evidence satisfactory to the director
of the natural medicine division that a person has been or is committing an act
prohibited by this article 50 or a rule promulgated pursuant to this article 50, and
the act:
(A) Threatens public health or safety; or
(B) Constitutes an unlawful act for which the person does not hold the
required license pursuant to this article 50;
(e) Hear and determine at a public hearing any contested state license denial
and any complaints against a licensee and administer oaths and issue subpoenas to
require the presence of persons and the production of papers, books, and records
necessary to the determination of any hearing so held, all in accordance with article
4 of title 24. The state licensing authority may, in its discretion, delegate to the
department's hearing officers the authority to conduct licensing, disciplinary, and
rule-making hearings pursuant to section 24-4-105. When conducting the hearings,
the hearing officers are employees of the state licensing authority under the
direction and supervision of the executive director and the state licensing authority.
(f) Develop forms, licenses, identification cards, and applications as
necessary or convenient in the discretion of the state licensing authority for the
administration of this article 50 or a rule promulgated pursuant to this article 50;
(g) In coordination with the division of professions and occupations within the
department of regulatory agencies pursuant to section 12-170-105 (1)(j) and the
department of public health and environment pursuant to section 25-1.5-120.5,
annually publish a publicly available report concerning the implementation,
outcomes, and administration of this article 50, article 170 of title 12, and section
25-1.5-120.5. The report must use relevant data, as determined by the state
licensing authority, the director, and the executive director of the department of
public health and environment, and must not disclose the identity of any participant
or include any information that could disclose the identity of a participant.
(h) Develop and promote accurate public education campaigns related to the
use of natural medicine or natural medicine product, including public service
announcements, educational materials, and appropriate crisis response materials,
and develop and promote training materials for first responders and multi-responders, including law enforcement, emergency medical providers, social
services providers, and fire fighters.
(2) Nothing in this article 50 delegates to the state licensing authority the
power to fix prices for regulated natural medicine or regulated natural medicine
product.
(3) Nothing in this article 50 limits a law enforcement agency's ability to
investigate unlawful activity in relation to a natural medicine licensee. A law
enforcement agency has the authority to run a Colorado crime information center
criminal history record check of a licensee or employee of a licensee during an
investigation of unlawful activity related to natural medicine or natural medicine
product.
(4) The state licensing authority shall coordinate with the executive director
of the department of public health and environment concerning the establishment
of standards for licensing laboratories pursuant to the requirements outlined in
section 25-1.5-120 for regulated natural medicine and regulated natural medicine
product.
(5) The state licensing authority shall, when financially feasible, establish
procedures, policies, and programs to ensure this article 50 and rules promulgated
pursuant to this article 50 are equitable and inclusive and promote the licensing,
registration, and permitting of, and provision of natural medicine and natural
medicine product to, persons from communities that have been disproportionately
harmed by high rates of arrest for controlled substances, persons who face barriers
to health-care access, persons who have traditional, tribal, or Indigenous history
with natural medicine or natural medicine product, or persons who are veterans.
The state licensing authority may consult the board when considering procedures,
policies, and programs pursuant to this subsection (5).
(6) The state licensing authority has authority to collect available and
relevant data necessary to perform functions and duties necessary to administer
this article 50.
(7) Repealed.
(8) The state licensing authority shall perform other functions and duties
necessary to administer this article 50.