Amendments for SB24-076
Senate Journal, March 6
After consideration on the merits, the Committee recommends that SB24-076 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 9, strike "PLANTS;" and substitute "PLANTS
CONTAINING A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF NO
MORE THAN THREE-TENTHS OF ONE PERCENT ON A DRY WEIGHT BASIS;".
Page 4, line 6, strike "(2)(d)(I), (2)(d)(II), (2)(d)(III)," and substitute
"(2)(d)(III)(A), (2)(d)(III)(B),".
Page 4, line 7, strike "(2)(dd)(XIV), (9)(a), and (9)(b)(I);" and substitute
"(2)(dd)(XIV), and (3)(h);".
Page 4, strike lines 12 through 26.
Page 4, line 27, before "(III)" insert "(d)".
Page 5, line 1, strike "IN AN AMOUNT THAT IS".
Page 5, lines 13 and 14, strike "quantities of any A substance IN AN AMOUNT
THAT IS" and substitute "quantities of any A substance".
Page 5, strike lines 17 through 20.
Page 5, line 22, strike "and frequency" and substitute "and frequency".
Page 6, lines 17 and 18, strike "FEE, NOT TO EXCEED FOUR THOUSAND DOLLARS
PER FACILITY," and substitute "FEE".
Page 8, line 3, strike "SECTION," and substitute "SECTION, ON AND AFTER
JANUARY 1, 2027,".
Page 8, after line 5 insert:
"(3) In promulgating rules pursuant to this section, the state licensing
authority may seek the assistance of the department of public health and
environment when necessary before promulgating rules on the following
subjects:
(h) A requirement that every medical marijuana store and retail
marijuana store post, at all times and in a prominent place AT EVERY POINT OF
SALE, a warning that has a minimum height of three inches and a width of six
inches and that reads:
Warning: Using marijuana, in any form, while you are pregnant
or breastfeeding passes THC to your baby and may be harmful
to your baby. There is no known safe amount of marijuana use
during pregnancy or breastfeeding.".
Page 8, strike lines 6 through 25.
Renumber succeeding sections accordingly.
Page 9, line 1, after "(b)" insert "(I)".
Page 9, after line 7 insert:
"(II) (A) THIS SUBSECTION (6)(b) APPLIES TO LICENSES ISSUED AFTER
THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED.
(B) THIS SUBSECTION (6)(b)(II) IS REPEALED, EFFECTIVE JULY 1, 2026.".
Page 9, lines 8 and 9, strike "amend (2); and".
Page 9, strike lines 11 through 27 and substitute "rules. (3) A LICENSE ISSUED
BY THE STATE LICENSING AUTHORITY UNDER THIS ARTICLE 10 EXPIRES TWO
YEARS AFTER ISSUANCE; EXCEPT THAT A PERSON THAT HOLDS MULTIPLE
LICENSES MAY ELECT TO HAVE ONE OR MORE LICENSES EXPIRE IN LESS".
Page 10, strike lines 6 through 15 and substitute:
"(4) ON OR AFTER JANUARY 1, 2026, THE STATE LICENSING AUTHORITY
SHALL PROMULGATE RULES AUTHORIZING MULTIPLE REGULATED MARIJUANA
BUSINESS LICENSEES WITH IDENTICAL CONTROLLING BENEFICIAL OWNERS TO
SUBMIT A SINGLE INITIAL APPLICATION OR A SINGLE RENEWAL APPLICATION
THROUGH A UNIFIED APPLICATION PROCESS. THE STATE LICENSING AUTHORITY
SHALL PROMULGATE RULES SETTING STANDARDS AND REQUIREMENTS FOR
UNIFIED APPLICATION PROCESSING.".
Page 10, line 17, before "(11)(a)(II)" insert "(3)(g) and".
Page 10, strike line 18 and substitute:
"44-10-501. Medical marijuana store license. (3) (g) When
completing a sale of medical marijuana concentrate, the medical marijuana
store shall provide the patient with PHYSICALLY ATTACH TO THE PATIENT'S
RECEIPT OF SALE, PRODUCT CONTAINER, OR EXIT PACKAGING the tangible
educational resource created by the state licensing authority pursuant to section
44-10-202 (8) regarding the use of medical marijuana concentrate.
(11) (a) (II) A".
Page 10, line 25, strike "and (7)(c)" and substitute "(7)(c), and (7)(d)".
Page 11, line 13, strike "TRANSFER OR DELIVER" and substitute "SELL,
TRANSFER, OR SHIP".
Page 11, strike lines 24 through 27 and substitute:
"(III) FOR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
MEDICAL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES AND
PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING INDIVIDUAL IS
TWENTY-ONE YEARS OF AGE OR OLDER USING AN AGE VERIFICATION PROCESS,
SUCH AS AUTHENTICATION VERIFICATION, BIOMETRIC VERIFICATION, OR
DOCUMENT VERIFICATION. THE STATE LICENSING AUTHORITY SHALL VERIFY
COMPLIANCE WITH THIS REQUIREMENT BY CONFIRMING THAT THE LICENSEE HAS
ESTABLISHED THE PROCESSES AND PROCEDURES REQUIRED UNDER THIS
SUBSECTION (7)(b)(III).".
Page 12, line 2, strike "TRANSFER OR DELIVERY" and substitute "SALE,
TRANSFER, OR SHIPMENT".
Page 12, after line 3 insert:
"(V) A LICENSED MEDICAL MARIJUANA CULTIVATION FACILITY SHALL
NOT TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO ARE PRESENT
ON THE LICENSED PREMISES.".
Page 12, line 6, strike "RECORD KEEPING, AND AGE VERIFICATION." and
substitute "AND RECORD KEEPING.".
Page 12, line 7, after "RULES" insert "AND CONDUCTING ENFORCEMENT
ACTIONS".
Page 12, line 11, strike "POSSESSED BY" and substitute "ON THE LICENSED
PREMISES OF".
Page 12, line 17, strike "OR".
Page 12, line 20, strike "MATERIAL." and substitute "MATERIAL; OR
(IV) MONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH A
LICENSEE'S GENETIC MATERIAL ACTIVITIES THAT OCCUR OUTSIDE OF THE
LICENSED PREMISES.
(d) THIS SUBSECTION (7) DOES NOT LIMIT THE APPLICABILITY OF
ANOTHER STATE'S LAW, THE APPLICABILITY OF FEDERAL LAW, OR ENFORCEMENT
BY FEDERAL AGENCIES.".
Page 13, line 1, before "(13)(a)(II)" insert "(3)(d) and".
Page 13, strike line 3 and substitute:
"(3) (d) When completing a sale of retail marijuana concentrate, the retail
marijuana store shall provide the customer with PHYSICALLY ATTACH TO THE
CUSTOMER'S RECEIPT OF SALE, PRODUCT CONTAINER, OR EXIT PACKAGING the
tangible educational resource created by the state licensing authority through
rule-making pursuant to section 44-10-202 (8) regarding the use of medical
marijuana concentrate.
(13) (a) (II) A retail marijuana delivery permit is valid for one year
TWO".
Page 13, line 9, strike "and (12)(c)" and substitute "(12)(c), and (12)(d)".
Page 13, line 25, strike "TRANSFER OR DELIVER" and substitute "SELL,
TRANSFER, OR SHIP".
Page 14, strike lines 9 through 12 and substitute:
"(III) FOR SALES, TRANSFERS, OR SHIPMENTS TO AN INDIVIDUAL, A
RETAIL MARIJUANA CULTIVATION FACILITY SHALL ESTABLISH PROCESSES AND
PROCEDURES TO CONFIRM THAT THE PURCHASING OR RECEIVING INDIVIDUAL IS
TWENTY-ONE YEARS OF AGE OR OLDER USING AN AGE VERIFICATION PROCESS,
SUCH AS AUTHENTICATION VERIFICATION, BIOMETRIC VERIFICATION, OR
DOCUMENT VERIFICATION. THE STATE LICENSING AUTHORITY SHALL VERIFY
COMPLIANCE WITH THIS REQUIREMENT BY CONFIRMING THAT THE LICENSEE HAS
ESTABLISHED THE PROCESSES AND PROCEDURES REQUIRED UNDER THIS
SUBSECTION (12)(b)(III).".
Page 14, line 14, strike "TRANSFER OR DELIVERY" and substitute "SALE,
TRANSFER, OR SHIPMENT".
Page 14, after line 15 insert:
"(V) A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY SHALL NOT
TRANSFER GENETIC MATERIAL DIRECTLY TO CONSUMERS WHO ARE PRESENT ON
THE LICENSED PREMISES.".
Page 14, line 18, strike "RECORD KEEPING, AND AGE VERIFICATION." and
substitute "AND RECORD KEEPING.".
Page 14, line 19, after "RULES" insert "AND CONDUCTING ENFORCEMENT
ACTIONS".
Page 14, line 23, strike "POSSESSED BY" and substitute "ON THE LICENSED
PREMISES OF".
Page 15, line 2, strike "OR".
Page 15, line 5, strike "MATERIAL." and substitute "MATERIAL; OR
(IV) MONITOR OR TAKE ENFORCEMENT ACTION ASSOCIATED WITH A
LICENSEE'S GENETIC MATERIAL ACTIVITIES THAT OCCUR OUTSIDE OF THE
LICENSED PREMISES.".
Page 15, after line 5 insert:
"(d) THIS SUBSECTION (12) DOES NOT LIMIT THE APPLICABILITY OF
ANOTHER STATE'S LAW, THE APPLICABILITY OF FEDERAL LAW, OR ENFORCEMENT
BY FEDERAL AGENCIES.".
Page 15, strike lines 12 through 27.
Page 16, strike lines 1 through 8.
Renumber succeeding sections accordingly.
Business,
Labor, &
Technology
Senate Journal, April 25
After consideration on the merits, the Committee recommends that SB24-076 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Finance Committee Report, dated March 5, 2024, page 1, strike
lines 5 through 8 and substitute:
"Page 4 of the printed bill, strike lines 6 through 8 and substitute "(2)
introductory portion, (2)(d)(III)(A), (2)(d)(III)(B), (2)(e), (2)(t), (2)(dd)(XIV),
and (3)(h) as follows:".".
Page 1 of the report, strike lines 14 through 18 and substitute:
"Page 5 of the bill, strike lines 17 through 27.
Page 6 of the bill, strike lines 1 through 24.
Page 7 of the bill, strike lines 12 and 13.
Page 8 of the bill, strike lines 2 through 5 and substitute:
"(B) BY JANUARY 1, 2027, THE STATE LICENSING AUTHORITY SHALL
PROMULGATE RULES THAT DO NOT REQUIRE LICENSEES TO USE RADIO
FREQUENCY IDENTIFICATION TECHNOLOGY TO TRACK REGULATED MARIJUANA
IN SEED-TO-SALE TRACKING SYSTEM REQUIREMENTS ESTABLISHED BY RULE.".".
Page 2 of the report, strike line 1.
Page 2 of the report, strike line 18 and substitute
"Page 9 of the bill, line 1, strike "rules. (6) (b) All" and substitute "rules -
repeal. (6) (b) (I) All IF ISSUED BY THE STATE LICENSING AUTHORITY,".
Page 9 of the bill, line 7, after the period add "A LOCAL LICENSING AUTHORITY
MAY DETERMINE WHETHER EACH TYPE OF LICENSE, INCLUDING AN ASSOCIATED
MARIJUANA DELIVERY PERMIT, ISSUED BY THE LOCAL LICENSING AUTHORITY IS
VALID FOR ONE OR TWO YEARS.".".
Page 2 of the report, strike lines 24 through 31 and substitute:
"Page 9 of the bill, lines 8 and 9, strike "amend (2); and add (3) and" and
substitute "add".
Page 9 of the bill, strike lines 11 through 27 and substitute "rules. (4) ON OR
AFTER JANUARY 1, 2026, THE STATE LICENSING".
Page 10 of the bill, strike lines 1 through 15.".
Page 3 of the report, strike lines 4 through 6 and substitute "APPLICATION
PROCESS. A UNIFIED APPLICATION IS SUBJECT TO A LOWER FEE FOR EACH
APPLICATION THAN FOR APPLICATIONS FOR INDIVIDUAL LICENSES.".".
Page 3 of the report, line 17, strike ""(7)(c), and" and substitute ""(7)(b)(V),
(7)(c), and".
Page 3 of the report, strike lines 26 through 30 and substitute "BIOMETRIC
VERIFICATION, OR DOCUMENT VERIFICATION.".".
Page 4 of the report, after line 7 insert:
"Page 12 of the bill, line 8, strike "SHALL NOT:" and substitute "MAY:".
Page 12 of the bill, line 9, strike "UNLESS" and substitute "ONLY WHEN".".
Page 4 of the report, strike lines 10 and 11 and substitute:
"Page 12 of the bill, line 13, after "BETWEEN" insert "REGULATED MARIJUANA".
Page 12 of the bill, strike lines 15 through 20 and substitute:
"(II) ONLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES AND
PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION (7)(b)(III) OF THIS
SECTION; OR".
Page 12 of the bill, after line 20 insert:".
Page 4 of the report, line 12, strike "(IV)" and substitute "(III)".
Page 4 of the report, line 13, strike "OUTSIDE OF" and substitute "ONLY ON".
Page 4 of the report, line 24, strike "through rule-making pursuant" and
substitute "through rule-making pursuant".
Page 4 of the report, line 28, strike "'(12)(c), and" and substitute ""(12)(b)(V),
(12)(c), and".
Page 5 of the report, strike lines 6 through 10 and substitute "BIOMETRIC
VERIFICATION, OR DOCUMENT VERIFICATION.".".
Page 5 of the report, after line 20 insert:
"Page 14 of the bill, line 20, strike "SHALL NOT:" and substitute "MAY:".
Page 14 of the bill, line 21, strike "UNLESS" and substitute "ONLY WHEN".".
Page 5 of the report, strike lines 23 and 24 and substitute:
"Page 14 of the bill, line 25, after "BETWEEN" insert "REGULATED MARIJUANA".
Page 14 of the bill, strike line 27 and substitute:
"(II) ONLY CONFIRM THE LICENSEE HAS ESTABLISHED PROCESSES AND
PROCEDURES TO VERIFY COMPLIANCE WITH SUBSECTION (12)(b)(III) OF THIS
SECTION; OR".
Page 15 of the bill, strike lines 1 through 5.
Page 15 of the bill, after line 5 insert:".
Page 5 of the report, line 25, strike "(IV)" and substitute "(III)".
Page 5 of the report, line 26, strike "OUTSIDE OF" and substitute "ONLY ON".
Page 5 of the report, line 28, strike "after line 5" and substitute "before line 6".
Appro-
priations
House Journal, May 6
21 Amendment No. 1, by Representative Lindstedt:
22
23 Amend reengrossed bill, page 13, after line 24 insert:
24
25 "SECTION 11. In Colorado Revised Statutes, 44-10-803, amend
26 (2) as follows:
27 44-10-803. Fees. (2) (a) Except as provided in subsection (1) of
28 this section, THE STATE LICENSING AUTHORITY SHALL NOT SET the INITIAL
29 application fee for a retail marijuana business is TO EXCEED five thousand
30 dollars. THE STATE LICENSING AUTHORITY SHALL SET THE APPLICATION
31 FEE FOR A RETAIL MARIJUANA BUSINESS TO OFFSET THE DIRECT AND
32 INDIRECT COSTS OF REGULATING RETAIL MARIJUANA BUSINESSES. The
33 state licensing authority shall transfer two thousand five hundred dollars
34 HALF of the fee to the marijuana cash fund and remit two thousand five
35 hundred dollars HALF OF THE FEE to the local jurisdiction in which WHERE
36 the license is proposed to be issued. If the state licensing authority is
37 considering raising the five-thousand-dollar application fee, it shall confer
10 38 with each local jurisdiction in which a license pursuant to this article
39 is issued prior to raising the application fee. If the STATE LICENSING
40 AUTHORITY CHANGES THE application fee amount, is changed, it THE
41 STATE LICENSING AUTHORITY SHALL CONFER WITH THE LOCAL
42 JURISDICTIONS AND THE FEE must be split evenly between the marijuana
43 cash fund and the local jurisdiction in which the WHERE A license is
44 proposed to be issued.
45 (b) THE STATE LICENSING AUTHORITY MAY ANNUALLY ADJUST FOR
46 INFLATION OR DEFLATION THE LIMIT, ESTABLISHED IN SUBSECTION (2)(a)
47 OF THIS SECTION, ON THE APPLICATION FEE FOR A RETAIL MARIJUANA
48 BUSINESS. THE STATE LICENSING AUTHORITY MAY ROUND THE ADJUSTED
49 AMOUNT UPWARD OR DOWNWARD TO THE NEAREST DOLLAR. INFLATION
50 OR DEFLATION IS MEASURED BY THE ANNUAL PERCENTAGE CHANGE IN THE
51 UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
52 CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX , FOR
53 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN
54 CONSUMERS.".
55
1 Renumber succeeding sections accordingly.
2
3 Amendment No. 2, by Representative Lindstedt:
4
5 Amend reengrossed bill, page 4, strike lines 18 through 25 and substitute
6 "authority shall give the licensee an opportunity to remediate OR
7 DECONTAMINATE the product if the test indicated the presence of a
8 microbial. If the licensee is unable to remediate OR DECONTAMINATE the
9 product, the licensee shall document and properly destroy the adulterated
10 product. IF THE LICENSEE IS ABLE TO REMEDIATE OR DECONTAMINATE THE
11 PRODUCT AND THE PRODUCT PASSES RETESTING, THE LICENSEE NEED NOT
12 PROVIDE AN ADDITIONAL LABEL THAT WOULD OTHERWISE NOT BE
13 REQUIRED FOR A PRODUCT THAT PASSED INITIAL TESTING.".
14
15 Amendment No. 3, by Representative Lindstedt:
16
17 Amend reengrossed bill, page 10, line 27, strike "(3)(d)" and substitute
18 "(3)(d), (7)(a),".
19
20 Page 11, after line 7 insert:
21
22 "(7) (a) A licensed retail marijuana store may only sell retail
23 marijuana, retail marijuana products, marijuana accessories,
24 nonconsumable products such as apparel, and marijuana-related products
25 such as childproof packaging containers, HEMP PRODUCTS, AND FOOD,
26 INCLUDING FOOD THAT IS NOT INFUSED WITH MARIJUANA OR HEMP
27 PRODUCTS OR EXTRACTS, but is prohibited from selling or giving away
28 any consumable product, including but not limited to A LICENSED RETAIL
29 MARIJUANA STORE SHALL NOT GIVE OR SELL AWAY cigarettes or alcohol.
30 or edible product that does not contain marijuana, including but not
31 limited to sodas, candies, or baked goods; except that a retail marijuana
32 store may sell industrial hemp products. THE LICENSED RETAIL
33 MARIJUANA STORE SHALL NOT SELL FOOD IN EXCESS OF TWENTY PERCENT
34 OF THE STORE'S ANNUAL GROSS REVENUES.".
35
36 Amendment No. 4, by Representative Lindstedt:
37
38 Amend reengrossed bill, page 15, after line 2 insert:
39
40 "SECTION 12. In Colorado Revised Statutes, 39-30-103, amend
41 (8) as follows:
42 39-30-103. Zones established - review - termination.
43 (8) (a) Notwithstanding any other provision to the contrary, for tax years
44 commencing on or after January 1, 2014, only a taxpayer that is engaged
45 in a business that is legal under both state and federal law is eligible to
46 claim a credit pursuant to the provisions of this article ARTICLE 30,
47 EXCEPT AS PROVIDED IN SUBSECTION (8)(b) OF THIS SECTION.
48 (b) FOR TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025,
49 A BUSINESS THAT HOLDS A VALID LICENSE PURSUANT TO ARTICLE 10 OF
50 TITLE 44 IS ELIGIBLE TO CLAIM A CREDIT PURSUANT TO THIS ARTICLE 30.".
51
52 Renumber succeeding section accordingly.
53
54
1 Amendment No. 5, by Representative Lindstedt:
2
3 Amend reengrossed bill, page 6, after line 25 insert:
4
5 "SECTION 3. In Colorado Revised Statutes, add 44-10-210 as
6 follows:
7 44-10-210. Reporting - streamlining regulation - repeal.
8 (1) BY JANUARY 1, 2026, AND JANUARY 1 OF EACH YEAR THEREAFTER,
9 THE STATE LICENSING AUTHORITY SHALL ISSUE A REPORT TO THE HOUSE
10 OF REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE, THE
11 HOUSE OF REPRESENTATIVES FINANCE COMMITTEE, THE SENATE BUSINESS,
12 LABOR, AND TECHNOLOGY COMMITTEE, AND THE SENATE FINANCE
13 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES. THE REPORT MUST:
14 (a) IDENTIFY RULE CHANGES MADE BY THE STATE LICENSING
15 AUTHORITY THAT REDUCE REDUNDANT OR UNNECESSARY TESTING OF
16 RETAIL MARIJUANA AND MEDICAL MARIJUANA;
17 (b) IDENTIFY ANY RULE CHANGES MADE BY THE STATE LICENSING
18 AUTHORITY THAT REDUCE WASTE OF RETAIL MARIJUANA OR MEDICAL
19 MARIJUANA OR THAT REDUCE THE COST OF COMPLYING WITH THE RULES
20 OR WITH THIS ARTICLE 10;
21 (c) IDENTIFY ANY RULE CHANGES MADE BY THE STATE LICENSING
22 AUTHORITY THAT WOULD BRING RETAIL MARIJUANA AND MEDICAL
23 MARIJUANA TESTING IN LINE WITH THE TESTING OF INTOXICATING HEMP
24 PRODUCTS SOLD BY BUSINESSES NOT LICENSED UNDER THIS ARTICLE 10;
25 AND
26 (d) IDENTIFY ANY LEGISLATIVE CHANGES NECESSARY TO MAKE
27 THE RULE CHANGES DESCRIBED IN SUBSECTIONS (1)(a) TO (1)(c) OF THIS
28 SECTION.
29 (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.".
30
31 As amended, ordered revised and placed on the Calendar for Third
32 Reading and Final Passage.
33
House Journal, May 8
53 Amend revised bill, page 4, line 7, after "amend" insert "(1) introductory
54 portion,".
55
1 Page 4 line 9, strike "(3)(h)" and substitute "(3)(h); and add (1)(j.3)".
2
3 Page 4, strike lines 10 and 11 and substitute:
4
5 "44-10-203. State licensing authority - rules. (1) Permissive
6 rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c)
7 may include but need not be limited to the following subjects:
8 (j.3) THE DOCUMENTATION A NATURAL PERSON APPLYING TO BE
9 A SOCIAL EQUITY LICENSEE MUST PROVIDE AND THE DOCUMENTATION
10 VERIFICATION THE STATE LICENSING AUTHORITY PERFORMS;
11 (2) Mandatory rule-making. Rules promulgated pursuant to
12 section 44-10-202 (1)(c)".
13
14 Page 6, strike lines 26 and 27.
15
16 Page 7, strike lines 1 through 23.
17
18 Renumber succeeding sections accordingly.
19
20 Page 7, before line 25 insert:
21
22 "SECTION 3. In Colorado Revised Statutes, 44-10-308, amend
23 (4); and add (6), (7), (8), and (9) as follows:
24 44-10-308. Business and owner requirements - legislative
25 declaration - definition - rules. (4) (a) Effective January 1, 2021, a
26 NATURAL person who qualifies as a social equity licensee may apply for
27 any regulated marijuana business license or permit, including but not
28 limited to accelerator store, accelerator cultivator, and accelerator
29 manufacturer licenses, issued pursuant to this article 10. A NATURAL
30 person qualifies as a social equity licensee if such THE person meets the
31 following criteria, in addition to any criteria established by rule of the
32 state licensing authority:
33 (a) (I) Is a Colorado resident;
34 (b) (II) Has not been the beneficial owner of a license subject to
35 disciplinary or legal action from the state resulting in the revocation of a
36 license issued pursuant to this article 10;
37 (c) (III) Has demonstrated at least one of the following:
38 (I) (A) The applicant has resided for at least fifteen years between
39 the years 1980 and 2010 in a census tract designated by the office of
40 economic development and international trade as an opportunity zone or
41 designated as a disproportionate impacted area, as defined by rule
42 pursuant to section 44-10-203 (1)(j);
43 (II) (B) The applicant or the applicant's parent, legal guardian,
44 sibling, spouse, child, or minor in their guardianship was arrested for a
45 marijuana offense, convicted of a marijuana offense, or was subject to
46 civil asset forfeiture related to a marijuana investigation; or
47 (III) (C) The applicant's household income in the year prior to
48 application did not exceed an amount determined by rule of the state
49 licensing authority; and
50 (d) (IV) The social equity licensee, or, collectively, one or more
51 social equity licensees, holds at least fifty-one percent of the beneficial
52 ownership of the regulated marijuana business license.
53 (b) THIS SUBSECTION (4) APPLIES TO A NATURAL PERSON
54 QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN
55 APPLICATION FOR A FINDING OF SUITABILITY ON OR BEFORE FEBRUARY 1,
56 2025.
1 (6) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,
2 EFFECTIVE FEBRUARY 1, 2025, A NATURAL PERSON THAT QUALIFIES AS A
3 SOCIAL EQUITY LICENSEE MAY APPLY FOR ANY REGULATED MARIJUANA
4 BUSINESS LICENSE OR PERMIT PURSUANT TO THIS ARTICLE 10. A NATURAL
5 PERSON QUALIFIES AS A SOCIAL EQUITY LICENSEE IF, IN ADDITION TO ANY
6 CRITERIA ESTABLISHED BY RULE, THE NATURAL PERSON:
7 (a) HAS NOT BEEN THE BENEFICIAL OWNER OF A LICENSE SUBJECT
8 TO DISCIPLINARY OR CIVIL ACTION FROM THE STATE LICENSING AUTHORITY
9 RESULTING IN THE REVOCATION OF A LICENSE ISSUED PURSUANT TO THIS
10 ARTICLE 10;
11 (b) HAS DEMONSTRATED AT LEAST ONE OF THE FOLLOWING:
12 (I) THE APPLICANT HAS RESIDED:
13 (A) FOR AT LEAST ANY FIVE YEARS OF THE THIRTY-YEAR PERIOD
14 PRIOR TO THE APPLICATION AND FOR WHICH DATA IS AVAILABLE, IN A
15 CENSUS TRACT DESIGNATED BY THE OFFICE OF ECONOMIC DEVELOPMENT
16 AND INTERNATIONAL TRADE AS AN OPPORTUNITY ZONE OR DESIGNATED AS
17 A DISPROPORTIONATE IMPACTED AREA AS DEFINED BY RULE PURSUANT TO
18 SECTION 44-10-203 (1)(j);
19 (B) FOR AT LEAST ANY FIVE OF THE THIRTY YEARS PRIOR TO THE
20 APPLICATION, IN HOUSING WITH FUNDING PROVIDED PURSUANT TO
21 SECTION 8 OR 9 OF THE FEDERAL "UNITED STATES HOUSING ACT OF
22 1937", 42 U.S.C. SECS. 1437f AND 1437g, AS AMENDED; OR
23 (C) FOR AT LEAST ANY FIVE YEARS BETWEEN 1980 AND 2021, IN
24 HOUSING WITH FUNDING FROM FEDERAL LOW-INCOME HOUSING TAX
25 CREDITS, COLORADO AFFORDABLE HOUSING TAX CREDITS, OR FUNDING
26 PROVIDED PURSUANT TO ANY FEDERAL, STATE, OR LOCAL PROGRAM THAT
27 RESTRICTS MAXIMUM RENTS FOR NATURAL PERSONS OF LOW OR
28 MODERATE INCOME THAT, AT THE TIME OF RESIDENCE, WAS SUBJECT TO A
29 USE RESTRICTION THAT WAS MONITORED TO ENSURE COMPLIANCE BY THE
30 FEDERAL GOVERNMENT, THE STATE GOVERNMENT, A COUNTY
31 GOVERNMENT, OR A MUNICIPAL GOVERNMENT, OR BY A POLITICAL
32 SUBDIVISION OR DESIGNATED AGENCY OF THE FEDERAL GOVERNMENT, THE
33 STATE GOVERNMENT, A COUNTY GOVERNMENT, OR A MUNICIPAL
34 GOVERNMENT;
35 (II) THE APPLICANT OR THE APPLICANT'S SPOUSE, PARENT, OR
36 LEGAL GUARDIAN WAS ARRESTED FOR AND CONVICTED OF A MARIJUANA
37 OFFENSE;
38 (III) THE APPLICANT'S SIBLING OR CHILD OR A MINOR IN THE
39 APPLICANT'S GUARDIANSHIP WAS ARRESTED FOR OR CONVICTED OF A
40 MARIJUANA OFFENSE, AND:
41 (A) THE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR
42 CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR
43 OR CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT'S
44 GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF A MARIJUANA
45 OFFENSE RESIDED IN A DISPROPORTIONATE IMPACTED AREA, AS DEFINED
46 BY RULE PURSUANT TO SECTION 44-10-203 (1)(j), FOR FIVE YEARS
47 BETWEEN 1980 AND 2021; OR
48 (B) THE APPLICANT'S SIBLING WHO WAS ARRESTED FOR OR
49 CONVICTED OF A MARIJUANA OFFENSE OR CHILD WHO WAS ARRESTED FOR
50 OR CONVICTED OF A MARIJUANA OFFENSE OR A MINOR IN THE APPLICANT'S
51 GUARDIANSHIP WHO WAS ARRESTED FOR OR CONVICTED OF A MARIJUANA
52 OFFENSE AND HAS RECEIVED ASSISTANCE FROM AT LEAST ONE OF THE
53 PROGRAMS LISTED IN SUBSECTION (6)(b)(IV) OF THIS SECTION FOR AT
54 LEAST FIVE YEARS BETWEEN 1980 AND 2021; OR
55
1 (IV) THE APPLICANT HAS RECEIVED ASSISTANCE FROM AT LEAST
2 ONE OF THE FOLLOWING PROGRAMS FOR AT LEAST FIVE OF THE TEN YEARS
3 PRIOR TO SUBMITTING AN APPLICATION:
4 (A) THE LOW-INCOME ENERGY ASSISTANCE PROGRAM CREATED IN
5 ARTICLE 8.7 OF TITLE 40;
6 (B) THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
7 DESCRIBED IN PART 3 OF ARTICLE 2 OF TITLE 26;
8 (C) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, AS DEFINED IN
9 SECTION 26-2-703 (19);
10 (D) THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
11 WOMEN, INFANTS, AND CHILDREN, CREATED PURSUANT TO 42 U.S.C. SEC.
12 1786; OR
13 (E) THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO
14 6 OF TITLE 25.5; AND
15 (c) HOLDS AT LEAST FIFTY-ONE PERCENT OF A BENEFICIAL
16 OWNERSHIP OF A REGULATED MARIJUANA BUSINESS LICENSE ALONE OR
17 COLLECTIVELY WITH AT LEAST ONE OTHER SOCIAL EQUITY LICENSEE.
18 (7) (a) FOR THE PURPOSES OF SUBSECTION (6) OF THIS SECTION, AN
19 APPLICANT IS NOT ELIGIBLE TO BE A SOCIAL EQUITY LICENSEE IF THE
20 APPLICANT IS A CONTROLLING BENEFICIAL OWNER OF MORE THAN THREE
21 RETAIL MARIJUANA STORE LICENSES, MEDICAL MARIJUANA STORE
22 LICENSES, RETAIL MARIJUANA CULTIVATION FACILITY LICENSES, OR
23 MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, UNLESS THE
24 LISTED LICENSES FOR WHICH THE APPLICANT IS A CONTROLLING
25 BENEFICIAL OWNER ARE EACH A SOCIAL EQUITY LICENSE.
26 (b) FOR THE PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION,
27 CO-LOCATED RETAIL MARIJUANA STORE AND MEDICAL MARIJUANA STORE
28 LICENSES, OR CO-LOCATED RETAIL MARIJUANA CULTIVATION FACILITY
29 AND MEDICAL MARIJUANA CULTIVATION FACILITY LICENSES, CONSTITUTE
30 ONE LICENSE.
31 (8) (a) SUBSECTION (6) OF THIS SECTION APPLIES TO A NATURAL
32 PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO SUBMITS AN
33 APPLICATION FOR A FINDING OF SUITABILITY ON OR AFTER FEBRUARY 1,
34 2025.
35 (b) SUBSECTION (6) OF THIS SECTION DOES NOT APPLY TO A
36 NATURAL PERSON QUALIFIED AS A SOCIAL EQUITY LICENSEE AND WHO
37 SUBMITS AN APPLICATION FOR A FINDING OF SUITABILITY ON OR BEFORE
38 FEBRUARY 1, 2025.
39 (9) A NATURAL PERSON WHO MEETS THE CRITERIA IN THIS SECTION
40 FOR A SOCIAL EQUITY LICENSE IS ELIGIBLE FOR INCENTIVES AVAILABLE
41 THROUGH THE DEPARTMENT OF REVENUE OR OFFICE OF ECONOMIC
42 DEVELOPMENT AND INTERNATIONAL TRADE. AN INCENTIVE MAY INCLUDE
43 A REDUCTION IN APPLICATION OR LICENSE FEES. THE STATE LICENSING
44 AUTHORITY MAY PROMULGATE RULES TO CREATE INCENTIVES.".
45
46 Renumber succeeding sections accordingly.
47
48 The amendment was declared passed by the following roll call vote:
49
50 YES 46 NO 14 EXCUSED 5 ABSENT
51 Amabile Y English Y Lindstedt Y Sirota Y
52 Armagost N Epps Y Luck N Snyder Y
53 Bacon Y Evans N Lukens Y Soper Y
54 Bird Y Frizell N Lynch N Story Y
55 Bockenfeld E Froelich E Mabrey Y Taggart N
56 Boesenecker Y Garcia Y Marshall Y Titone Y
1 Bottoms N Hamrick Y Martinez Y Valdez Y
2 Bradfield Y Hartsook N Marvin Y Velasco Y
3 Bradley N Hernandez Y Mauro Y Vigil Y
4 Brown Y Herod Y McCormick Y Weinberg Y
5 Catlin N Holtorf N McLachlan Y Weissman E
6 Clifford Y Jodeh Y Ortiz Y Willford Y
7 Daugherty Y Joseph Y Parenti Y Wilson N
8 DeGraaf N Kipp Y Pugliese N Winter T. E
9 deGruy Kennedy E Lieder Y Ricks Y Woodrow Y
10 Duran Y Lindsay Y Rutinel Y Young Y
11 Speaker Y
12
13 The question being, "Shall the bill, as amended, pass?".
14 A roll call vote was taken. As shown by the following recorded vote, a
15 majority of those elected to the House voted in the affirmative, and the
16 bill, as amended, was declared passed.
17
18 YES 45 NO 16 EXCUSED 4 ABSENT
19 Amabile Y English Y Lindstedt Y Sirota Y
20 Armagost N Epps Y Luck N Snyder Y
21 Bacon Y Evans N Lukens Y Soper Y
22 Bird Y Frizell N Lynch N Story Y
23 Bockenfeld E Froelich Y Mabrey Y Taggart N
24 Boesenecker Y Garcia Y Marshall Y Titone Y
25 Bottoms N Hamrick Y Martinez Y Valdez Y
26 Bradfield N Hartsook N Marvin Y Velasco Y
27 Bradley N Hernandez Y Mauro Y Vigil Y
28 Brown Y Herod Y McCormick Y Weinberg N
29 Catlin N Holtorf N McLachlan Y Weissman E
30 Clifford Y Jodeh Y Ortiz Y Willford Y
31 Daugherty Y Joseph Y Parenti Y Wilson N
32 DeGraaf N Kipp Y Pugliese N Winter T. E
33 deGruy Kennedy E Lieder Y Ricks Y Woodrow Y
34 Duran Y Lindsay Y Rutinel Y Young Y
35 Speaker Y
36 Co-sponsor(s) added: Representative(s) Bacon, Garcia, Hernandez, Herod,
37 Lindsay, Mabrey, Mauro, Ortiz, Snyder, Titone, Valdez, Velasco, Willford
38