(1) For the purpose of regulating the cultivation, manufacture, distribution, hospitality, and sale of regulated marijuana and regulated marijuana products, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article 10.
(2) (a) The following are medical marijuana licenses: (I) Medical marijuana store license;
Medical marijuana cultivation facility license;
Medical marijuana products manufacturer license;
Medical marijuana testing facility license;
Medical marijuana transporter license;
Medical marijuana business operator license; and(VII) Marijuana research and development license.
(b) The following are retail marijuana licenses: (I) Retail marijuana store license;
Retail marijuana cultivation facility license;
Retail marijuana products manufacturer license;
Retail marijuana testing facility license;
Retail marijuana transporter license;
Retail marijuana business operator license;
Accelerator cultivator license;
Accelerator manufacturer license;
Marijuana hospitality business license;
Retail marijuana hospitality and sales business license; and(XI) Accelerator store license.
(c) Occupational licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.
(3) (a) Prior to accepting a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person to take possession of, operate, manage, or control a licensed medical marijuana business, the proposed appointee shall certify to the court that the proposed appointee is not prohibited from being issued a medical marijuana license pursuant to section 44-10-307 (1). Within the time frame established by rules promulgated by the state licensing authority pursuant to section 4410-203 (2)(q), an appointee shall notify the state and local licensing authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.
Upon notification of an appointment required by subsection (3)(a) of this section, thestate licensing authority shall issue a temporary appointee registration to the appointee effective as of the date of the appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and 44-10901, the appointee's temporary appointee registration may be suspended, revoked, or subject to other sanction if the state licensing authority finds the appointee to be unsuitable or if the appointee fails to comply with this article 10, the rules promulgated pursuant thereto, or any order of the state licensing authority. If an appointee's temporary appointee registration is suspended or revoked, the appointee shall immediately cease performing all activities for which a license is required by this article 10. For purposes of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business.
The appointee shall inform the court of any action taken against the temporary appointee registration by the state licensing authority pursuant to section 24-4-104 or 44-10-901 within two business days of any such action.
Unless otherwise permitted by this article 10 and rules promulgated pursuant to thisarticle 10, a person shall not take possession of, operate, manage, or control a medical marijuana business on behalf of another except by court appointment and in accordance with this subsection (3) and rules promulgated pursuant thereto.
All persons licensed pursuant to this article 10 shall collect sales tax on all salesmade pursuant to the licensing activities.
A state chartered bank or a credit union may loan money to any person licensedpursuant to this article 10 for the operation of a licensed medical or retail marijuana business.
For a person applying to be a social equity licensee, the state licensing authority shallnot deny an application on the sole basis of the prior marijuana conviction of the applicant and at its discretion may waive other requirements.
A person may not operate a license issued pursuant to this article 10 at the samelocation as a license or permit issued pursuant to article 3, 4, or 5 of this title 44.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2879, § 5, effective January 1, 2020; (1) and (2)(b)(VII) amended and (2)(b)(IX), (2)(b)(X), and (7) added, (HB 19-1230), ch. 340, p. 3120, § 16, effective January 1, 2020. L. 2020: (2)(b)(VII), (2)(b)(VIII), (2)(b)(IX), (2)(b)(X), and (6) amended and (2)(b)(XI) added, (HB 20-1424), ch. 184, p. 845, § 6, effective September 14; (2)(c) amended, (HB 20-1080), ch. 81, p. 329, § 2, effective September 14; (5) amended, (HB 20-1217), ch. 93, p. 370, § 5, effective September 14.
Editor's note: (1) This section is similar to former §§ 44-11-401 and 44-12-401 as they existed prior to 2020.
(2) Section 6 of chapter 93 (HB 20-1217), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after September 14, 2020.