Bill Tracker

The bill creates an accelerator hospitality business license,
accelerator transporter license, and accelerator retail deliverer permittee
for social equity licensees qualified to participate in the accelerator
program.
The bill requires the department of revenue to provide an annual
report to the finance committees of the house of representatives and the
senate concerning active social equity licenses, any recommendations for
new social equity licenses and permits, and any recommendations for new
or innovating funding sources for the social equity licensees or
permittees.
Effective January 2, 2024, the bill amends the eligibility
requirements for a person to qualify as a social equity licensee. The bill
clarifies that the new eligibility requirements only apply to social equity
licensee applications received on or after January 2, 2024, or to the
reinstatement or reactivation of social equity licenses originally issued
before January 2, 2024. The new eligibility requirements do not apply to
the renewal of social equity licenses applied for or issued before January
2, 2024.
The bill authorizes a social equity licensee who satisfies the
eligibility requirements effective January 2, 2024, with a retail marijuana
transporter licensee and a retail marijuana delivery permit or an
accelerator retail deliverer permit, to exercise the privileges of a retail
marijuana store license without needing to obtain a retail marijuana store
license or accelerator store license.
The bill requires the department of revenue to create incentives for
social equity licensees and accelerator-endorsed licensees, including
reducing or waiving fees.
The bill creates, in the office of economic development, a grant
committee that is responsible for reviewing grant applications, selecting
grant recipients, and determining grant awards that are issued pursuant to
an existing grant program for supporting entrepreneurs in the marijuana
industry.

The bill authorizes the executive director of the department of
revenue (state licensing authority) to:
  • Issue an administrative hold on the movement of medical
or retail marijuana pending an investigation;
  • Embargo medical or retail marijuana when the state
licensing authority finds objective and reasonable grounds
to believe that the health, safety, or welfare of the public
imperatively requires emergency action; and
  • Order the destruction of embargoed medical or retail
marijuana after notice and opportunity for a hearing.

Under existing law, the office of transportation safety within the
office of the executive director of the department of transportation
(department) receives funding from money remaining in the law
enforcement assistance fund after two required annual appropriations are
made to provide funding to local governments that have established a
qualified drunk driving prevention enforcement program. However, the
department has not received funding from the first-time drunk driving
offender account since state fiscal year 2020-2021.
The bill expands these programs to include both alcohol and drug
impaired driving and requires the general assembly to annually
appropriate $1.5 million from the marijuana tax cash fund to the
department for allocation to local governments that implement
high-visibility alcohol and drug impaired driving enforcement.

The bill imposes requirements for certain types of employers with
regard to:
  • The determination of employee work schedules;
  • Employee requests for changes to work schedules; and
  • Notices and posting of employee work schedules.
In addition to pay for hours worked by the employee, the bill
requires certain types of employers to pay employees:
  • Predictability pay when an employer makes certain changes
to an employee's work schedule;
  • Rest shortfall pay when an employee is required to work
hours without a minimum period of rest after a prior shift;
  • Retention pay when an employer provides work hours to a
new employee without first offering the work hours to
existing employees; and
  • Minimum weekly pay in an amount that corresponds to
15% of the average weekly hours indicated on the
employee's anticipated work plan, paid at the greater of the
employee's regular rate of pay or the minimum wage,
regardless of whether the employee works such hours.
The bill prohibits employers from discriminating or taking any
adverse action against an employee based on the hours an employee is
scheduled or actually works, the expected duration of employment, or the
employee's desired work schedule. The bill also prohibits retaliation
against an employee for attempting to exercise any right created in the
bill. Employers are required to retain records demonstrating their
compliance with the requirements of the bill.
A person who is aggrieved by a violation of the requirements of
the bill may file a complaint with the division of labor standards and
statistics (division) in the department of labor and employment or bring
a civil action in district court. The division is authorized to investigate
complaints and, upon determining that a violation occurred, to impose
fines, penalties, or damages and award attorney fees and costs. The
division is also authorized to bring a civil action to enforce the
requirements of the bill. The bill includes protections for whistleblowers
and establishes penalties for violations.
The director of the division is required to promulgate rules to
implement the bill.

Current law prohibits a licensed retail marijuana store from selling
retail marijuana or retail marijuana products over the internet or through
delivery. The bill repeals the prohibition.

The bill prohibits the state licensing authority from issuing or
renewing a marijuana license unless the applicant or licensee shows proof
of financial responsibility in an amount of not less than $100,000 for each
license. The mechanism of financial responsibility must include coverage
for liability for bodily injury to lawful users resulting from the
manufacture, distribution, transportation, or sale of adulterated marijuana
or adulterated marijuana-infused products.

Current law allows a physician to submit documentation to the
department of public health and environment (department) stating that a
patient has a debilitating medical condition or disabling medical condition
and may benefit from the use of medical marijuana. The bill clarifies that
the physician is submitting a recommendation to the department rather
than a certification or authorization.
The bill removes the following requirements for a physician's
recommendation to the department:
  • The physician's federal drug enforcement agency number;
  • The maximum THC potency level of the medical marijuana
product;
  • The recommended medical marijuana product;
  • The patient's daily authorized quantity of the medical
marijuana product; and
  • Directions for use of the medical marijuana product.
The bill allows a physician to establish a bonafide
physician-patient relationship remotely via video or telephone conference
if the patient is:
  • 21 years of age or older;
  • Under 18 years of age; or
  • 18 years of age or older but under 21 years of age and the
patient received a medical marijuana recommendation prior
to 18 years of age.
The bill clarifies that a patient must only present a uniform
certification form completed by a recommending physician to a medical
marijuana store if the patient seeks to purchase more than the statutorily
allowed limit of medical marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient may purchase in a single day to 8 grams. The bill increases
that limitation to 40 grams, but limits the total amount that a patient can
purchase in a 30-day period to the equivalent of 8 grams per day. Current
law limits the combined amount of medical marijuana products that a
patient may purchase in a single day to 20,000 milligrams. The bill adds
an exception to that limitation for nonedible, nonpsychoactive medical
marijuana products.
Current law limits the amount of medical marijuana concentrate
that a patient 18 years of age or older but under 21 years of age may
purchase in a single day to 2 grams. The bill allows a patient that is 18
years of age or older but under 21 years of age and had a registry
identification card issued by the department prior to 18 years of age to
purchase in a single day up to 8 grams of medical marijuana concentrate.
The bill clarifies that when a physician issues a uniform
certification form to a patient 18 years of age or older, the physician may
consider whether the patient had a registry identification card issued by
the department prior to 18 years of age as a factor in recommending that
the patient be allowed to purchase more than the statutorily allowed
quantities of medical marijuana products.
The bill allows a retail marijuana store to sell retail marijuana
products to patients at the statutorily allowed limit for medical marijuana
products and registered primary caregivers 21 years of age or older who
present a registry identification card issued by the department. The bill
also allows a registered primary caregiver to purchase retail marijuana
products for a patient who is under 21 years of age at the applicable
statutorily allowed limit for medical marijuana products for patients under
21 years of age.

The bill makes it a level 1 drug felony if a person sells, dispenses,
distributes, or otherwise transfers any quantity of a controlled substance
or any material, compound, mixture, or preparation that contains any
amount of a controlled substance and the sale, dispensing, distribution, or
transfer is the proximate cause of the death of another person who used
or consumed the controlled substance material, compound, mixture, or
preparation.

Sunset Process - Senate Agriculture and Natural Resources
Committee. The bill implements some of the recommendations of the
department of regulatory agencies, as contained in the department's sunset
review of the Pesticide Applicators' Act (act), as follows:
  • Sections 1 and 2 of the bill continue the act for 11 years,
until September 1, 2034;
  • Section 3 updates the statutory definition of use to align
with the federal definition adopted by the federal
environmental protection agency;
  • Section 4 increases the maximum civil penalty for a
violation of the act from $1,000 to $2,500 for the first
violation, which results in the possibility of a maximum
civil penalty of $5,000 for a second violation;
  • Section 5 requires that money collected for civil penalties
imposed under the act be transferred to the general fund;
  • Section 6 requires the commissioner of agriculture
(commissioner) to publish and periodically update
information on the department of agriculture's website
about pesticide applicators' licensing and registration;
  • Section 7 requires the commissioner to establish an online
complaint process;
  • Section 8 limits the number of terms that members of the
advisory committee may serve to 2 terms, but allows a
member representing the Colorado state university
agricultural experiment station or extension service (CSU)
or the Colorado department of public health and
environment (CDPHE) to serve on the advisory committee
for unlimited terms during the duration of the member's
employment with CSU or CDPHE; and
  • Sections 9 to 11 place language in statutes governing local
governments that mirrors the language in the act requiring
a local government that adopts an ordinance or resolution
about pesticides to submit information to the commissioner
about the ordinance or resolution.

A person applying for a marijuana license is required to pay both
an application fee and a licensing fee. The bill clarifies that the state
licensing authority may issue a refund of a licensing fee if the marijuana
license application is denied but that the respective licensing authorities
are to retain the application fees.
Current law requires a marijuana license applicant to obtain both
a state license and local jurisdiction approval, and the state license is
conditioned on local jurisdiction approval. The bill provides an applicant
the opportunity to renew, for up to one year, a state license that would
otherwise expire because of failure to receive local jurisdiction approval
if the applicant demonstrates good cause.

The bill protects an individual applying for licensure, certification,
or registration in a profession or occupation in Colorado (applicant), as
well as a professional who is currently licensed, certified, or registered in
a profession or occupation in Colorado (licensee), from having the
license, certification, or registration denied to the applicant, or from
discipline being imposed against the licensee, based solely on:
  • A civil or criminal judgment against the applicant or
licensee regarding the consumption, possession,
cultivation, or processing of marijuana, if the underlying
actions were lawful and consistent with professional
conduct and standards of care within Colorado and did not
otherwise violate Colorado law; or
  • Previous professional disciplinary action concerning an
applicant's or a licensee's professional licensure in this or
any other state or U.S. territory, if the professional
disciplinary action was based solely on the applicant's or
licensee's consumption, possession, cultivation, or
processing of marijuana and the applicant or licensee did
not otherwise violate Colorado law.

Current law requires the manufacturer of cosmetic products,
dietary supplements, food products, and food additives, including hemp
products, to be registered with the department of public health and
environment (department).
The bill creates a new framework for the department to regulate
and register hemp products and certain intoxicating hemp products and
for the marijuana enforcement division in the department of revenue
(division) to regulate intoxicating products or potentially intoxicating
compounds that are or may be cannabinoids. This regulation includes:
  • The power to promulgate rules authorizing or prohibiting
chemical modification, conversion, or synthetic derivation
to create certain types of intoxicating cannabinoids;
  • Labeling and advertising requirements;
  • Production and testing requirements; and
  • Inspection, record-keeping, and tracking requirements.
Hemp- and marijuana-derived compounds and cannabinoids are
classified into three classifications:
  • Nonintoxicating cannabinoids;
  • Potentially intoxicating compounds; and
  • Intoxicating cannabinoids.
Nonintoxicating cannabinoids that are derived from hemp may be
produced, distributed, or sold as a hemp product. With the exception of
products manufactured or produced for export, which are referred to as
safe harbor hemp products, products containing potentially intoxicating
compounds and intoxicating cannabinoids must only be produced,
distributed, or sold by a person licensed by the division to produce,
distribute, or sell the compound or cannabinoid as a product.
The bill clarifies that:
  • Nonintoxicating cannabinoids, potentially intoxicating
compounds, and intoxicating cannabinoids are marijuana
or marijuana products for the purposes of the retail
marijuana sales tax; and
  • A person must be licensed to manufacture potentially
intoxicating compounds or intoxicating cannabinoids.
The bill prohibits the following acts:
  • Manufacturing, selling, or delivering products that contain
intoxicating cannabinoids in excess of limits established by
rule;
  • Manufacturing a product containing hemp that is not a
cosmetic, a dietary supplement, a food, a food additive, or
an herb; or
  • Manufacturing, producing, selling, distributing, or holding
for sale or distribution a safe harbor hemp product without
registering with the department.
The penalty for a violation is up to $10,000. The bill specifies
factors to consider in determining the amount of the penalty.
The bill requires the executive director of the department of
revenue to analyze the feasibility of establishing a standing committee to
evaluate cannabinoids and cannabis-derived products for the purpose of
determining and making recommendations regarding their safety profiles
and potential for intoxication. The department of revenue may engage
experts to do this analysis.