(1) The provisions of this section apply in addition to any criminal, civil, or administrative penalties and in addition to any other penalties prescribed by this article 10 or any rules promulgated pursuant to this article 10. Any provisions in this article 10 related to law enforcement are considered a cumulative right of the people in the enforcement of the criminal laws.
Every licensee licensed under this article 10 is deemed, by virtue of applying for,holding, or renewing such person's license, to have expressly consented to the procedures set forth in this section.
A state or local agency is not required to cultivate or care for any regulated marijuanaor regulated marijuana product belonging to or seized from a licensee. A state or local agency is not authorized to sell marijuana, regulated or otherwise.
If the state or local licensing authority issues a final agency order imposing a disciplinary action against a licensee pursuant to section 44-10-901, then, in addition to any other remedies, the licensing authority's final agency order may specify that some or all of the licensee's marijuana or marijuana product is not regulated marijuana or a regulated marijuana product and is an illegal controlled substance. The order may further specify that the licensee loses any interest in any of the marijuana or marijuana product even if the marijuana or marijuana product previously qualified as regulated marijuana or a regulated marijuana product. The final agency order may direct the destruction of any such marijuana and marijuana products, except as provided in subsections (5) and (6) of this section. The authorized destruction may include the incidental destruction of any containers, equipment, supplies, and other property associated with the marijuana or marijuana product.
Following the issuance of a final agency order by the state or local licensing authority against a licensee and ordering destruction authorized by subsection (4) of this section, a licensee has fifteen days within which to file a petition for stay of agency action with the district court. The action must be filed in the city and county of Denver, which is deemed to be the residence of the state licensing authority for purposes of this section. The licensee shall serve the petition in accordance with the Colorado rules of civil procedure. The district court shall promptly rule upon the petition and determine whether the licensee has a substantial likelihood of success on judicial review so as to warrant delay of the destruction authorized by subsection (4) of this section or whether other circumstances, including but not limited to the need for preservation of evidence, warrant delay of such destruction. If destruction is so delayed pursuant to judicial order, the court shall issue an order setting forth terms and conditions pursuant to which the licensee may maintain the regulated marijuana and regulated marijuana product pending judicial review and prohibiting the licensee from using or distributing the regulated marijuana or regulated marijuana product pending the review. The licensing authority shall not carry out the destruction authorized by subsection (4) of this section until fifteen days have passed without the filing of a petition for stay of agency action or until the court has issued an order denying stay of agency action pursuant to this subsection (5).
A district attorney shall notify the state licensing authority if it begins investigating amedical marijuana business or retail marijuana business. If the state licensing authority has received notification from a district attorney that an investigation is being conducted, the state licensing authority shall not destroy any marijuana or marijuana products from the medical marijuana business or retail marijuana business until the destruction is approved by the district attorney.
The state licensing authority shall promulgate rules governing the implementation ofthis section.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2930, § 5, effective January 1, 2020.
Editor's note: This section is similar to former §§ 44-12-602 and 44-11-602 as they existed prior to 2020.