state of colorado introduced...first regular session seventy-second general assembly state of...

First Regular SessionSeventy-second General Assembly

STATE OF COLORADOINTRODUCED

LLS NO. 19-0822.01 Michael Dohr x4347 HOUSE BILL 19-1234

House Committees Senate CommitteesBusiness Affairs & Labor

A BILL FOR AN ACTCONCERNING ALLOWING DELIVERY OF REGULATED MARIJUANA BY101

REGULATED MARIJUANA SELLERS.102

Bill Summary

(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://leg.colorado.gov.)

The bill creates marijuana delivery permits for licensed medicalmarijuana centers and transporters and licensed retail marijuana storesand transporters that allow the centers, stores, and transporters to delivermedical marijuana, medical marijuana-infused products, retail marijuana,and retail marijuana products to customers. The bill gives the statelicensing authority rule-making authority over the permit and delivery

HOUSE SPONSORSHIPValdez A. and Singer, Gray, Melton

SENATE SPONSORSHIPGonzales and Marble, Fenberg, Winter

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

system. Medical marijuana delivery permitting begins January 2, 2020,and retail marijuana delivery permitting begins January 2, 2021.

The bill requires responsible vendor training programs to includemarijuana delivery training.

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. In Colorado Revised Statutes, 44-11-202, amend2

(2)(a)(XXI), (2)(a)(XXVIII), and (2)(a)(XXIX); and add (2)(a)(XXX) as3

follows:4

44-11-202. Powers and duties of state licensing authority -5

rules. (2) (a) Rules promulgated pursuant to subsection (1)(b) of this6

section may include, but need not be limited to, the following subjects:7

(XXI) Medical marijuana transporter licensed businesses,8

including requirements for drivers, including obtaining and maintaining9

a valid Colorado driver's license; insurance requirements; acceptable time10

frames for transport, storage, and delivery; requirements for transport11

vehicles; REQUIREMENTS FOR DELIVERIES TO PRIVATE RESIDENCES; and12

requirements for licensed premises;13

(XXVIII) Requirements for a centralized distribution permit for14

optional premises cultivation facilities issued pursuant to section15

44-11-403 (5), including but not limited to permit application16

requirements and privileges and restrictions of a centralized distribution17

permit; and18

(XXIX) Requirements for issuance of colocation permits to a19

marijuana research and development licensee or a marijuana research and20

development cultivation licensee authorizing colocation with a medical21

marijuana-infused products manufacturing licensed premises, including22

application requirements, eligibility, restrictions to prevent23

HB19-1234-2-

cross-contamination and to ensure physical separation of inventory and1

research activities, and other privileges and restrictions of permits; AND2

(XXX) MEDICAL MARIJUANA DELIVERY AS DESCRIBED IN SECTION3

44-11-402 (11), INCLUDING:4

(A) QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR5

LICENSED MEDICAL MARIJUANA CENTERS AND MEDICAL MARIJUANA6

TRANSPORTER LICENSEES APPLYING FOR A MEDICAL MARIJUANA DELIVERY7

PERMIT;8

(B) TRAINING REQUIREMENTS FOR PERSONNEL OF MEDICAL9

MARIJUANA CENTERS AND MEDICAL MARIJUANA TRANSPORTER LICENSEES10

THAT HOLD A MEDICAL MARIJUANA DELIVERY PERMIT WHO WILL DELIVER11

MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS12

PURSUANT TO THIS ARTICLE 11, INCLUDING REQUIREMENTS THAT THOSE13

PERSONNEL PARTICIPATE IN TRAINING AND OBTAIN A RESPONSIBLE14

VENDOR DESIGNATION PURSUANT TO SECTION 44-11-1102;15

(C) PROCEDURES FOR PROOF OF MEDICAL MARIJUANA REGISTRY16

AND AGE IDENTIFICATION AND VERIFICATION;17

(D) SECURITY REQUIREMENTS FOR DELIVERY VEHICLES;18

(E) RECORD-KEEPING REQUIREMENTS;19

(F) LIMITS ON THE AMOUNT OF MEDICAL MARIJUANA AND MEDICAL20

MARIJUANA-INFUSED PRODUCTS THAT MAY BE CARRIED IN A DELIVERY21

VEHICLE;22

(G) INVENTORY TRACKING SYSTEM REQUIREMENTS;23

(H) HEALTH AND SAFETY REQUIREMENTS FOR DELIVERY OF24

MEDICAL MARIJUANA AND MEDICAL MARIJUANA-INFUSED PRODUCTS25

DELIVERED TO AN INDIVIDUAL;26

(I) CONFIDENTIALITY REQUIREMENTS FOR PERSONS DELIVERING27

HB19-1234-3-

MEDICAL MARIJUANA PURSUANT TO THIS ARTICLE 11 TO ENSURE THAT1

PERSONAL IDENTIFYING INFORMATION AND HEALTH CARE INFORMATION2

ARE NOT DISCLOSED TO ANYONE OTHER THAN THOSE PERSONS WHO NEED3

THAT INFORMATION IN ORDER TO TAKE, PROCESS, OR DELIVER THE ORDER;4

AND5

(J) AN APPLICATION FEE AND ANNUAL RENEWAL FEE FOR THE6

MEDICAL MARIJUANA DELIVERY PERMIT. THE AMOUNT OF THE FEE MUST7

REFLECT THE EXPECTED COSTS OF ADMINISTERING THE MEDICAL8

MARIJUANA DELIVERY PERMIT AND MAY BE ADJUSTED BY THE STATE9

LICENSING AUTHORITY TO REFLECT THE PERMIT'S ACTUAL DIRECT AND10

INDIRECT COSTS.11


(3)(a)(XVIII), (3)(a)(XXIII), and (3)(a)(XXIV); and add (3)(a)(XXV) as13

follows:14

44-12-202. Powers and duties of state licensing authority -15

rules. (3) (a) Rules promulgated pursuant to subsection (2)(b) of this16

section must include, but need not be limited to, the following subjects:17

(XVIII) Retail marijuana transporter licensed businesses,18

including requirements for drivers, including obtaining and maintaining19

a valid Colorado driver's license; insurance requirements; acceptable time20

frames for transport, storage, and delivery; requirements for transport21

vehicles; REQUIREMENTS FOR DELIVERIES TO PRIVATE RESIDENCES; and22

requirements for licensed premises;23

(XXIII) Requirements for a centralized distribution permit for24

retail marijuana cultivation facilities issued pursuant to section 44-12-40325

(7), including but not limited to permit application requirements and26

privileges and restrictions of a centralized distribution permit; and27

HB19-1234-4-

(XXIV) Requirements for issuance of colocation permits to a1

marijuana research and development licensee or a marijuana research and2

development cultivation licensee authorizing colocation with a retail3

marijuana products manufacturing licensed premises, including4

application requirements, eligibility, restrictions to prevent5

cross-contamination and to ensure physical separation of inventory and6

research activities, and other privileges and restrictions of permits; AND7

(XXV) RETAIL MARIJUANA DELIVERY AS DESCRIBED IN SECTION8

44-12-402 (12), INCLUDING:9

(A) QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR RETAIL10

MARIJUANA STORES AND RETAIL MARIJUANA TRANSPORTER LICENSEES11

APPLYING FOR A RETAIL MARIJUANA DELIVERY PERMIT;12

(B) TRAINING REQUIREMENTS FOR PERSONNEL OF RETAIL13

MARIJUANA STORES AND RETAIL MARIJUANA TRANSPORTER LICENSEES14

THAT HOLD A RETAIL MARIJUANA DELIVERY PERMIT WHO WILL DELIVER15

RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS PURSUANT TO THIS16

ARTICLE 12, INCLUDING REQUIREMENTS THAT THOSE PERSONNEL17

PARTICIPATE IN TRAINING AND OBTAIN A RESPONSIBLE VENDOR18

DESIGNATION PURSUANT TO SECTION 44-11-1102;19

(C) PROCEDURES FOR AGE IDENTIFICATION AND VERIFICATION;20

(D) SECURITY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO21

REQUIREMENTS FOR DELIVERY VEHICLES;22

(E) RECORD-KEEPING REQUIREMENTS;23

(F) LIMITS ON THE AMOUNT OF RETAIL MARIJUANA AND RETAIL24

MARIJUANA PRODUCTS THAT MAY BE CARRIED IN A DELIVERY VEHICLE25

AND DELIVERED TO AN INDIVIDUAL;26

(G) INVENTORY TRACKING SYSTEM REQUIREMENTS;27

HB19-1234-5-

(H) HEALTH AND SAFETY REQUIREMENTS FOR DELIVERY OF RETAIL1

MARIJUANA AND RETAIL MARIJUANA PRODUCTS DELIVERED TO AN2

INDIVIDUAL;3

(I) CONFIDENTIALITY REQUIREMENTS FOR PERSONS DELIVERING4

RETAIL MARIJUANA PURSUANT TO THIS ARTICLE 12 TO ENSURE THAT5

PERSONAL IDENTIFYING INFORMATION IS NOT DISCLOSED TO ANYONE6

OTHER THAN THOSE PERSONS WHO NEED THAT INFORMATION IN ORDER TO7

TAKE, PROCESS, OR DELIVER THE ORDER; AND8

(J) AN APPLICATION FEE AND ANNUAL RENEWAL FEE FOR THE9

RETAIL MARIJUANA DELIVERY PERMIT. THE AMOUNT OF THE FEE MUST10

REFLECT THE EXPECTED COSTS OF ADMINISTERING THE RETAIL MARIJUANA11

DELIVERY PERMIT AND MAY BE ADJUSTED BY THE STATE LICENSING12

AUTHORITY TO REFLECT THE PERMIT'S ACTUAL DIRECT AND INDIRECT13

COSTS.14


(1) introductory portion, (1)(g), and (1)(h); and add (1)(i) as follows:16

44-11-301. Local licensing authority - applications - licenses.17

(1) A local licensing authority may issue only the following medical18

marijuana licenses OR PERMITS upon payment of the fee and compliance19

with all local licensing requirements to be determined by the local20

licensing authority:21

(g) A marijuana research and development license; and22

(h) A marijuana research and development cultivation license;23

AND24

(i) A MEDICAL MARIJUANA DELIVERY PERMIT.25


(1) as follows:27

HB19-1234-6-

44-12-301. Local approval - licensing. (1) When the state1

licensing authority receives an application for original licensing OR2

PERMITTING FOR A RETAIL MARIJUANA DELIVERY PERMIT or renewal of an3

existing license for any marijuana establishment OR RENEWAL OF AN4

EXISTING RETAIL MARIJUANA DELIVERY PERMIT, the state licensing5

authority shall provide, within seven days, a copy of the application to the6

local jurisdiction in which the establishment is to be located unless the7

local jurisdiction has prohibited the operation of retail marijuana8

establishments pursuant to section 16 (5)(f) of article XVIII of the state9

constitution. The local jurisdiction shall determine whether the10

application complies with local restrictions on time, place, manner, and11

the number of marijuana businesses. The local jurisdiction shall inform12

the state licensing authority whether the application complies with local13

restrictions on time, place, manner, and the number of marijuana14

businesses.15

SECTION 5. In Colorado Revised Statutes, 44-11-402, add (11)16

as follows:17

44-11-402. Medical marijuana center license - medical18

marijuana delivery permit - report - rules - repeal. (11) (a) (I) THERE19

IS AUTHORIZED A MEDICAL MARIJUANA DELIVERY PERMIT TO A MEDICAL20

MARIJUANA CENTER LICENSE OR A MEDICAL MARIJUANA TRANSPORTER21

LICENSE AUTHORIZING THE HOLDER TO DELIVER MEDICAL MARIJUANA AND22

MEDICAL MARIJUANA-INFUSED PRODUCTS TO A REGISTERED MEDICAL23

MARIJUANA CARD HOLDER TWENTY-ONE YEARS OF AGE OR OLDER FROM24

THE LICENSED MEDICAL MARIJUANA CENTER OR ITS STATE LICENSING25

AUTHORITY-AUTHORIZED STORAGE FACILITY. A LICENSED MEDICAL26

MARIJUANA CENTER MUST USE AN EMPLOYEE OR CONTRACT WITH A27

HB19-1234-7-

MEDICAL MARIJUANA TRANSPORTER LICENSEE WITH A MEDICAL1

MARIJUANA DELIVERY PERMIT TO MAKE THE DELIVERIES.2

(II) A MEDICAL MARIJUANA TRANSPORTER LICENSEE SHALL NOT3

MAKE DELIVERIES OF MEDICAL MARIJUANA OR MEDICAL4

MARIJUANA-INFUSED PRODUCTS TO REGISTERED MEDICAL MARIJUANA5

CARD HOLDERS WHILE ALSO TRANSPORTING MEDICAL MARIJUANA OR6

MEDICAL MARIJUANA-INFUSED PRODUCTS BETWEEN LICENSED PREMISES7

IN THE SAME VEHICLE.8

(b) A MEDICAL MARIJUANA DELIVERY PERMIT IS VALID FOR ONE9

YEAR AND MAY BE RENEWED ANNUALLY UPON RENEWAL OF THE MEDICAL10

MARIJUANA CENTER LICENSE OR MEDICAL MARIJUANA TRANSPORTER11

LICENSE.12

(c) THE STATE LICENSING AUTHORITY MAY ISSUE A MEDICAL13

MARIJUANA DELIVERY PERMIT TO A QUALIFIED APPLICANT, AS14

DETERMINED BY THE STATE LICENSING AUTHORITY, THAT HOLDS A15

MEDICAL MARIJUANA CENTER LICENSE OR MEDICAL MARIJUANA16

TRANSPORTER LICENSE ISSUED PURSUANT TO THIS ARTICLE 11. THE STATE17

LICENSING AUTHORITY HAS DISCRETION IN DETERMINING WHETHER AN18

APPLICANT IS QUALIFIED TO RECEIVE A MEDICAL MARIJUANA DELIVERY19

PERMIT. A MEDICAL MARIJUANA DELIVERY PERMIT ISSUED BY THE STATE20

LICENSING AUTHORITY IS DEEMED A REVOCABLE PRIVILEGE OF A LICENSED21

MEDICAL MARIJUANA CENTER OR MEDICAL MARIJUANA TRANSPORTER22

LICENSEE. A VIOLATION RELATED TO A MEDICAL MARIJUANA DELIVERY23

PERMIT IS GROUNDS FOR A FINE OR SUSPENSION OR REVOCATION OF THE24

DELIVERY PERMIT OR ASSOCIATED LICENSE.25

(d) THE LICENSED MEDICAL MARIJUANA CENTER SHALL CHARGE A26

ONE-DOLLAR SURCHARGE ON EACH DELIVERY. THE LICENSED MEDICAL27

HB19-1234-8-

MARIJUANA CENTER SHALL REMIT THE SURCHARGES COLLECTED ON A1

MONTHLY BASIS TO THE MUNICIPALITY WHERE THE LICENSED MEDICAL2

MARIJUANA CENTER IS LOCATED, OR TO THE COUNTY IF THE LICENSED3

MEDICAL MARIJUANA CENTER IS IN AN UNINCORPORATED AREA, FOR4

LOCAL LAW ENFORCEMENT COSTS RELATED TO MARIJUANA ENFORCEMENT.5

(e) (I) EACH MEDICAL MARIJUANA DELIVERY PERMIT ISSUED TO A6

LICENSED MEDICAL MARIJUANA CENTER PURSUANT TO THIS SECTION7

APPLIES TO ONLY ONE LICENSED MEDICAL MARIJUANA CENTER.8

(II) IF A PERSON OR ENTITY THAT APPLIES FOR A MEDICAL9

MARIJUANA DELIVERY PERMIT HOLDS MORE THAN ONE MEDICAL10

MARIJUANA CENTER LICENSE, A SEPARATE MEDICAL MARIJUANA DELIVERY11

PERMIT IS REQUIRED FOR EACH LICENSED MEDICAL MARIJUANA CENTER12

FROM WHICH THE PERSON OR ENTITY WISHES TO CONDUCT THE DELIVERY13

OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA-INFUSED PRODUCTS;14

EXCEPT THAT, IF THE LICENSED MEDICAL MARIJUANA CENTERS ARE15

IDENTICALLY OWNED, AS DEFINED BY THE STATE LICENSING AUTHORITY16

FOR PURPOSES OF THIS SECTION, THEN ONLY ONE MEDICAL MARIJUANA17

DELIVERY PERMIT IS REQUIRED.18

(f) (I) A LICENSED MEDICAL MARIJUANA CENTER WITH A MEDICAL19

MARIJUANA DELIVERY PERMIT MAY DELIVER MEDICAL MARIJUANA AND20

MEDICAL MARIJUANA-INFUSED PRODUCTS ONLY TO THE MEDICAL21

MARIJUANA PATIENT WHO PLACED THE ORDER AND WHO:22

(A) IS A CURRENT REGISTRANT OF THE MEDICAL MARIJUANA23

PATIENT REGISTRY AND IS TWENTY-ONE YEARS OF AGE OR OLDER;24

(B) RECEIVES THE DELIVERY OF MEDICAL MARIJUANA OR MEDICAL25

MARIJUANA-INFUSED PRODUCTS PURSUANT TO RULES; AND26

(C) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION.27

HB19-1234-9-

(II) ANY PERSON DELIVERING MEDICAL MARIJUANA OR MEDICAL1

MARIJUANA-INFUSED PRODUCTS MUST POSSESS A VALID OCCUPATIONAL2

LICENSE AND BE A CURRENT EMPLOYEE OF THE LICENSED MEDICAL3

MARIJUANA CENTER OR MEDICAL MARIJUANA TRANSPORTER LICENSEE4

WITH A VALID MEDICAL MARIJUANA DELIVERY PERMIT; MUST HAVE5

UNDERGONE TRAINING REGARDING PROOF OF AGE IDENTIFICATION AND6

VERIFICATION, INCLUDING ALL FORMS OF IDENTIFICATION THAT ARE7

DEEMED ACCEPTABLE BY THE STATE LICENSING AUTHORITY; AND MUST8

HAVE ANY OTHER TRAINING REQUIRED BY THE STATE LICENSING9

AUTHORITY.10

(g) (I) IN ACCORDANCE WITH THIS SUBSECTION (11) AND RULES11

ADOPTED TO IMPLEMENT THIS SUBSECTION (11), A LICENSED MEDICAL12

MARIJUANA CENTER OR MEDICAL MARIJUANA TRANSPORTER LICENSEE13

WITH A VALID MEDICAL MARIJUANA DELIVERY PERMIT MAY:14

(A) RECEIVE AN ORDER BY ELECTRONIC OR OTHER MEANS BY THE15

REGISTERED MEDICAL MARIJUANA PATIENT FOR THE PURCHASE AND16

DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED17

PRODUCTS NOT IN EXCESS OF THE AMOUNTS ESTABLISHED BY THE STATE18

LICENSING AUTHORITY FOR SALE AT LICENSED MEDICAL MARIJUANA19

CENTERS OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED20

PRODUCTS, PER ORDER;21

(B) DELIVER MEDICAL MARIJUANA AND MEDICAL22

MARIJUANA-INFUSED PRODUCTS NOT IN EXCESS OF THE AMOUNTS23

ESTABLISHED BY THE STATE LICENSING AUTHORITY FOR MEDICAL24

MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS;25

(C) DELIVER ONLY TO A PATIENT REGISTERED IN THE MEDICAL26

MARIJUANA PATIENT REGISTRY;27

HB19-1234-10-

(D) DELIVER NO MORE THAN ONCE PER DAY TO THE SAME PATIENT;1

(E) DELIVER MEDICAL MARIJUANA OR MEDICAL2

MARIJUANA-INFUSED PRODUCTS ONLY BY A MOTOR VEHICLE THAT3

COMPLIES WITH THIS SECTION AND THE RULES PROMULGATED PURSUANT4

TO THIS SECTION AND SECTION 44-11-202 (2)(a)(XXX); AND5

(F) CONTRACT WITH A MEDICAL MARIJUANA TRANSPORTER6

LICENSEE THAT HAS A VALID MEDICAL MARIJUANA DELIVERY PERMIT TO7

DELIVER MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED8

PRODUCTS PURSUANT TO THIS SECTION.9

(II) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES10

REGARDING THE PERMITTED HOURS OF DELIVERY OF MEDICAL MARIJUANA11

AND MEDICAL MARIJUANA-INFUSED PRODUCTS.12

(h) (I) A PATIENT PLACING AN ORDER FOR THE PURCHASE AND13


PRODUCTS IN ACCORDANCE WITH THIS SECTION MUST BE A CURRENT15

REGISTRANT OF THE MEDICAL MARIJUANA PATIENT REGISTRY WITH VALID16

IDENTIFICATION AS DEFINED BY THE STATE LICENSING AUTHORITY. THE17

REGISTERED PATIENT MUST ALLOW THE LICENSED MEDICAL MARIJUANA18

CENTER OR MEDICAL MARIJUANA TRANSPORTER LICENSEE DELIVERY19

PERSON TO INSPECT HIS OR HER MEDICAL MARIJUANA REGISTRY CARD AND20

VALID IDENTIFICATION FOR PROOF OF AGE.21

(II) PRIOR TO TRANSFERRING POSSESSION OF THE MEDICAL22

MARIJUANA ORDER TO A PATIENT, THE LICENSED MEDICAL MARIJUANA23

CENTER OR MEDICAL MARIJUANA TRANSPORTER LICENSEE DELIVERY24

PERSON SHALL CONFIRM THE PATIENT'S IDENTIFICATION, THE PATIENT'S25

POSSESSION OF THE MEDICAL MARIJUANA REGISTRY CARD THAT MATCHES26

THE MEDICAL MARIJUANA REGISTRY NUMBER, AND THE ADDRESS27

HB19-1234-11-

PROVIDED WITH THE ORDER AT THE POINT OF DELIVERY.1

(III) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES2

REGARDING REQUIREMENTS FOR AREAS WHERE MEDICAL MARIJUANA3

ORDERS ARE STORED, WEIGHED, PACKAGED, PREPARED, AND TAGGED. THE4

RULES MUST REQUIRE THAT DELIVERY ORDERS ARE PACKAGED ON THE5

LICENSED PREMISES OF A MEDICAL MARIJUANA CENTER AFTER AN ORDER6

HAS BEEN RECEIVED.7

(IV) INVENTORY TRACKING, TRANSPORTATION, AND PACKAGING8

AND LABELING REQUIREMENTS REQUIRED BY THIS ARTICLE 11 OR RULES9

PROMULGATED BY THE STATE LICENSING AUTHORITY APPLY TO THE10

DELIVERY OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA-INFUSED11

PRODUCTS TO REGISTERED PATIENTS.12

(i) THE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED13

PURSUANT TO SECTION 44-11-202 (3)(a)(II) APPLY TO MEDICAL14

MARIJUANA DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (11).15

(j) IT IS NOT A VIOLATION OF ANY PROVISION OF STATE, CIVIL, OR16

CRIMINAL LAW FOR A LICENSED MEDICAL MARIJUANA CENTER OR MEDICAL17

MARIJUANA TRANSPORTER LICENSEE WITH A VALID MEDICAL MARIJUANA18

DELIVERY PERMIT, OR SUCH PERSON IN THE PROCESS OF RENEWING THE19

PERMIT, OR ITS PERSONNEL WHO ARE TRAINED OR PROVIDING TRAINING IN20

ACCORDANCE WITH RULES ADOPTED PURSUANT TO THIS SECTION TO21

POSSESS, TRANSPORT, AND DELIVER MEDICAL MARIJUANA AND MEDICAL22

MARIJUANA-INFUSED PRODUCTS PURSUANT TO A MEDICAL MARIJUANA23

DELIVERY PERMIT IN AMOUNTS THAT DO NOT EXCEED AMOUNTS24

ESTABLISHED BY THE STATE LICENSING AUTHORITY UNLESS THE25

POSSESSION, TRANSPORT, OR DELIVERY WAS KNOWINGLY ILLEGAL.26

(k) A LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST STATE27

HB19-1234-12-

LICENSING AUTHORITY REPORTS RELATED TO CRIMINAL ACTIVITY1

MATERIALLY RELATED TO MEDICAL MARIJUANA DELIVERY IN THE LAW2

ENFORCEMENT AGENCY'S JURISDICTION, AND THE STATE LICENSING3

AUTHORITY SHALL PROMPTLY PROVIDE ANY REPORTS IN ITS POSSESSION4

FOR THE LAW ENFORCEMENT AGENCY'S JURISDICTION.5

(l) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION,6


PRODUCTS IS NOT PERMITTED IN ANY MUNICIPALITY, COUNTY, OR CITY8

AND COUNTY THAT HAS PROHIBITED THE OPERATION OF LICENSED9

MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION10

OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCTS11

MANUFACTURERS' LICENSES IN ACCORDANCE WITH THE AUTHORITY12

GRANTED IN THIS ARTICLE 11 UNLESS THE MUNICIPALITY, COUNTY, OR13

CITY AND COUNTY, BY EITHER A MAJORITY OF THE REGISTERED ELECTORS14

OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTING AT A15

REGULAR ELECTION OR SPECIAL ELECTION CALLED IN ACCORDANCE WITH16

THE "COLORADO MUNICIPAL ELECTION CODE OF 1965", ARTICLE 10 OF17

TITLE 31, OR THE "UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 1318

OF TITLE 1, AS APPLICABLE, OR A MAJORITY OF THE MEMBERS OF THE19

GOVERNING BOARD FOR THE MUNICIPALITY, COUNTY, OR CITY AND20

COUNTY, VOTE TO ALLOW THE DELIVERY OF MEDICAL MARIJUANA OR21

MEDICAL MARIJUANA-INFUSED PRODUCTS PURSUANT TO THIS SECTION. A22

MUNICIPALITY, COUNTY, OR CITY AND COUNTY THAT PERMITS DELIVERY23

OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA-INFUSED PRODUCTS24

SHALL NOT PROHIBIT A MEDICAL MARIJUANA CENTER THAT IS LOCATED25

WITHIN ANOTHER JURISDICTION FROM DELIVERING WITHIN ITS26

JURISDICTION.27

HB19-1234-13-

(m) (I) THE STATE LICENSING AUTHORITY SHALL BEGIN ISSUING1

MEDICAL MARIJUANA DELIVERY PERMITS TO QUALIFIED APPLICANTS ON2

JANUARY 2, 2020.3

(II) NO LATER THAN JANUARY 2, 2021, THE STATE LICENSING4

AUTHORITY SHALL SUBMIT A REPORT TO THE FINANCE COMMITTEES OF THE5

HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR6

COMMITTEES, REGARDING THE NUMBER OF MEDICAL MARIJUANA7

DELIVERY APPLICATIONS SUBMITTED, THE NUMBER OF MEDICAL8

MARIJUANA DELIVERY PERMITS ISSUED, ANY FINDINGS BY THE STATE9

LICENSING AUTHORITY OF CRIMINAL ACTIVITY MATERIALLY RELATED TO10

MEDICAL MARIJUANA DELIVERY, AND ANY INCIDENT REPORTS THAT11

INCLUDE FELONY CHARGES MATERIALLY RELATED TO MEDICAL12

MARIJUANA DELIVERY, WHICH WERE FILED AND REPORTED TO THE STATE13

LICENSING AUTHORITY BY THE LAW ENFORCEMENT AGENCY, DISTRICT14

ATTORNEY, OR OTHER AGENCY RESPONSIBLE FOR FILING THE FELONY15

CHARGES. THE STATE LICENSING AUTHORITY MAY CONSULT WITH THE16

DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY IN17

THE COLLECTION AND ANALYSIS OF ADDITIONAL CRIME DATA MATERIALLY18

RELATED TO MEDICAL MARIJUANA DELIVERY.19

SECTION 6. In Colorado Revised Statutes, 44-12-402, add (12)20

as follows:21

44-12-402. Retail marijuana store license - retail marijuana22

delivery permit - report - rules - repeal. (12) (a) (I) THERE IS23

AUTHORIZED A RETAIL MARIJUANA DELIVERY PERMIT TO A RETAIL24

MARIJUANA STORE LICENSE OR A RETAIL MARIJUANA TRANSPORTER25

LICENSE AUTHORIZING THE HOLDER TO DELIVER RETAIL MARIJUANA AND26

RETAIL MARIJUANA PRODUCTS TO AN INDIVIDUAL TWENTY-ONE YEARS OF27

HB19-1234-14-

AGE OR OLDER FROM THE LICENSED RETAIL MARIJUANA STORE OR ITS1

STATE LICENSING AUTHORITY-AUTHORIZED STORAGE FACILITY. A2

LICENSED RETAIL MARIJUANA STORE MUST USE AN EMPLOYEE OR3

CONTRACT WITH A RETAIL MARIJUANA TRANSPORTER LICENSEE WITH A4

RETAIL MARIJUANA DELIVERY PERMIT TO MAKE THE DELIVERIES.5

(II) A RETAIL MARIJUANA TRANSPORTER LICENSEE SHALL NOT6

MAKE DELIVERIES OF RETAIL MARIJUANA OR RETAIL MARIJUANA7

PRODUCTS TO CUSTOMERS WHILE ALSO TRANSPORTING RETAIL MARIJUANA8

OR RETAIL MARIJUANA PRODUCTS BETWEEN LICENSED PREMISES IN THE9

SAME VEHICLE.10

(b) A RETAIL MARIJUANA DELIVERY PERMIT IS VALID FOR ONE11

YEAR AND MAY BE RENEWED ANNUALLY UPON RENEWAL OF THE RETAIL12

MARIJUANA STORE LICENSE OR RETAIL MARIJUANA TRANSPORTER LICENSE.13

(c) THE STATE LICENSING AUTHORITY MAY ISSUE A RETAIL14

MARIJUANA DELIVERY PERMIT TO A QUALIFIED APPLICANT, AS15

DETERMINED BY THE STATE LICENSING AUTHORITY, THAT HOLDS A RETAIL16

MARIJUANA STORE LICENSE OR RETAIL MARIJUANA TRANSPORTER LICENSE17

ISSUED PURSUANT TO THIS ARTICLE 12. THE STATE LICENSING AUTHORITY18

HAS DISCRETION IN DETERMINING WHETHER AN APPLICANT IS QUALIFIED19

TO RECEIVE A RETAIL MARIJUANA DELIVERY PERMIT. A RETAIL MARIJUANA20

DELIVERY PERMIT ISSUED BY THE STATE LICENSING AUTHORITY IS DEEMED21

A REVOCABLE PRIVILEGE OF A LICENSED RETAIL MARIJUANA STORE OR22

RETAIL MARIJUANA TRANSPORTER LICENSEE. A VIOLATION RELATED TO A23

RETAIL MARIJUANA DELIVERY PERMIT IS GROUNDS FOR A FINE OR24

SUSPENSION OR REVOCATION OF THE DELIVERY PERMIT OR ASSOCIATED25

LICENSE.26

(d) THE LICENSED RETAIL MARIJUANA STORE SHALL CHARGE A27

HB19-1234-15-

ONE-DOLLAR SURCHARGE ON EACH DELIVERY. THE LICENSED RETAIL1

MARIJUANA STORE SHALL REMIT THE SURCHARGES COLLECTED ON A2

MONTHLY BASIS TO THE MUNICIPALITY WHERE THE LICENSED RETAIL3

MARIJUANA STORE IS LOCATED, OR TO THE COUNTY IF THE LICENSED4

RETAIL MARIJUANA STORE IS IN AN UNINCORPORATED AREA, FOR LOCAL5

LAW ENFORCEMENT COSTS RELATED TO MARIJUANA ENFORCEMENT.6

(e) (I) EACH RETAIL MARIJUANA DELIVERY PERMIT ISSUED TO A7

LICENSED RETAIL MARIJUANA STORE PURSUANT TO THIS SECTION APPLIES8

TO ONLY ONE LICENSED RETAIL MARIJUANA STORE.9

(II) IF A PERSON OR ENTITY THAT APPLIES FOR A RETAIL10

MARIJUANA DELIVERY PERMIT HOLDS MORE THAN ONE RETAIL MARIJUANA11

STORE LICENSE, A SEPARATE RETAIL MARIJUANA DELIVERY PERMIT IS12

REQUIRED FOR EACH LICENSED RETAIL MARIJUANA STORE FROM WHICH13

THE PERSON OR ENTITY WISHES TO CONDUCT THE DELIVERY OF RETAIL14

MARIJUANA AND RETAIL MARIJUANA PRODUCTS; EXCEPT THAT, IF THE15

LICENSED RETAIL MARIJUANA STORES ARE IDENTICALLY OWNED, AS16

DEFINED BY THE STATE LICENSING AUTHORITY FOR PURPOSES OF THIS17

SECTION, THEN ONLY ONE RETAIL MARIJUANA DELIVERY PERMIT IS18

REQUIRED.19

(f) (I) A LICENSED RETAIL MARIJUANA STORE WITH A RETAIL20

MARIJUANA DELIVERY PERMIT MAY DELIVER RETAIL MARIJUANA AND21

RETAIL MARIJUANA PRODUCTS ONLY TO THE INDIVIDUAL WHO PLACED THE22

ORDER AND WHO:23

(A) IS TWENTY-ONE YEARS OF AGE OR OLDER;24

(B) RECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL25

MARIJUANA PRODUCTS PURSUANT TO RULES; AND26

(C) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION.27

HB19-1234-16-

(II) ANY PERSON DELIVERING RETAIL MARIJUANA OR RETAIL1

MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE2

AND BE A CURRENT EMPLOYEE OF THE LICENSED RETAIL MARIJUANA STORE3

OR RETAIL MARIJUANA TRANSPORTER LICENSEE WITH A VALID RETAIL4

MARIJUANA DELIVERY PERMIT; MUST HAVE UNDERGONE TRAINING5

REGARDING PROOF OF AGE IDENTIFICATION AND VERIFICATION, INCLUDING6

ALL FORMS OF IDENTIFICATION THAT ARE DEEMED ACCEPTABLE BY THE7

STATE LICENSING AUTHORITY; AND MUST HAVE ANY OTHER TRAINING8

REQUIRED BY THE STATE LICENSING AUTHORITY.9

(g) (I) IN ACCORDANCE WITH THIS SUBSECTION (12) AND RULES10

ADOPTED TO IMPLEMENT THIS SUBSECTION (12), A LICENSED RETAIL11

MARIJUANA STORE OR RETAIL MARIJUANA TRANSPORTER LICENSEE WITH12

A VALID RETAIL MARIJUANA DELIVERY PERMIT MAY:13

(A) RECEIVE AN ORDER THROUGH ELECTRONIC OR OTHER MEANS14

FOR THE PURCHASE AND DELIVERY OF RETAIL MARIJUANA OR RETAIL15

MARIJUANA PRODUCTS NOT IN EXCESS OF THE AMOUNTS ESTABLISHED BY16

THE STATE LICENSING AUTHORITY FOR SALE AT LICENSED RETAIL17

MARIJUANA STORES OF RETAIL MARIJUANA OR RETAIL MARIJUANA18

PRODUCTS, PER ORDER;19

(B) DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS20

NOT IN EXCESS OF THE AMOUNTS ESTABLISHED BY THE STATE LICENSING21

AUTHORITY FOR RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS;22

(C) DELIVER ONLY TO AN INDIVIDUAL AT THE ADDRESS PROVIDED23

IN THE ORDER;24

(D) DELIVER NO MORE THAN ONCE PER DAY TO THE SAME25

INDIVIDUAL;26

(E) DELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS27

HB19-1234-17-

ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION AND THE1

RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTION2

44-12-202 (3)(a)(XXV); AND3

(F) CONTRACT WITH A RETAIL MARIJUANA TRANSPORTER LICENSEE4

WITH A RETAIL MARIJUANA DELIVERY PERMIT TO DELIVER RETAIL5

MARIJUANA OR RETAIL MARIJUANA PRODUCTS PURSUANT TO THIS SECTION.6


REGARDING THE PERMITTED HOURS OF DELIVERY OF RETAIL MARIJUANA8

AND RETAIL MARIJUANA PRODUCTS.9

(h) (I) AT THE TIME OF THE ORDER, THE LICENSED RETAIL10

MARIJUANA STORE SHALL CONFIRM THE VALIDITY OF THE INDIVIDUAL'S11

AGE AS REQUIRED BY THE STATE LICENSING AUTHORITY. PRIOR TO12

TRANSFERRING POSSESSION OF THE RETAIL MARIJUANA ORDER TO AN13

INDIVIDUAL, THE LICENSED RETAIL MARIJUANA STORE OR RETAIL14

MARIJUANA TRANSPORTER LICENSEE DELIVERY PERSON SHALL CONFIRM15

THE INDIVIDUAL'S IDENTIFICATION AND THE ADDRESS PROVIDED WITH THE16

ORDER AT THE POINT OF DELIVERY.17


REGARDING REQUIREMENTS FOR AREAS WHERE RETAIL MARIJUANA19

ORDERS ARE STORED, WEIGHED, PACKAGED, PREPARED, AND TAGGED.20

(III) INVENTORY TRACKING, TRANSPORTATION, AND PACKAGING21

AND LABELING REQUIREMENTS REQUIRED BY THIS ARTICLE 12 OR RULES22

PROMULGATED BY THE STATE LICENSING AUTHORITY APPLY TO THE23

DELIVERY OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS TO24

INDIVIDUALS. THE RULES MUST REQUIRE THAT DELIVERY ORDERS ARE25

PACKAGED ON THE LICENSED PREMISES OF A RETAIL MARIJUANA STORE26

AFTER AN ORDER HAS BEEN RECEIVED.27

HB19-1234-18-

(i) THE ADVERTISING REGULATIONS AND PROHIBITIONS ADOPTED1

PURSUANT TO SECTION 44-12-202 (3)(d)(I) APPLY TO RETAIL MARIJUANA2

DELIVERY OPERATIONS PURSUANT TO THIS SUBSECTION (12).3

(j) IT IS NOT A VIOLATION OF ANY PROVISION OF STATE, CIVIL, OR4

CRIMINAL LAW FOR A LICENSED RETAIL MARIJUANA STORE OR RETAIL5

MARIJUANA TRANSPORTER LICENSEE WITH A VALID RETAIL MARIJUANA6

DELIVERY PERMIT, OR SUCH PERSON IN THE PROCESS OF RENEWING THE7

PERMIT, OR ITS PERSONNEL WHO ARE TRAINED OR TRAINING IN8

ACCORDANCE WITH RULES ADOPTED PURSUANT TO THIS SECTION TO9

POSSESS, TRANSPORT, AND DELIVER RETAIL MARIJUANA OR RETAIL10

MARIJUANA PRODUCTS PURSUANT TO A RETAIL MARIJUANA DELIVERY11

PERMIT IN AMOUNTS THAT DO NOT EXCEED AMOUNTS ESTABLISHED BY THE12

STATE LICENSING AUTHORITY UNLESS THE POSSESSION, TRANSPORT, OR13

DELIVERY WAS KNOWINGLY ILLEGAL.14

(k) A LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST STATE15

LICENSING AUTHORITY REPORTS RELATED TO CRIMINAL ACTIVITY16

MATERIALLY RELATED TO RETAIL MARIJUANA DELIVERY IN THE LAW17

ENFORCEMENT AGENCY'S JURISDICTION, AND THE STATE LICENSING18

AUTHORITY SHALL PROMPTLY PROVIDE ANY REPORTS IN ITS POSSESSION19

FOR THE LAW ENFORCEMENT AGENCY'S JURISDICTION.20

(l) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION,21

DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS IS NOT22

PERMITTED IN ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY THAT23

HAS PROHIBITED THE OPERATION OF LICENSED RETAIL MARIJUANA STORES,24

RETAIL MARIJUANA CULTIVATION OPERATIONS, AND RETAIL MARIJUANA25

MANUFACTURERS' LICENSES IN ACCORDANCE WITH THE AUTHORITY26

GRANTED IN THIS ARTICLE 12 UNLESS THE MUNICIPALITY, COUNTY, OR27

HB19-1234-19-

CITY AND COUNTY, BY EITHER A MAJORITY OF THE REGISTERED ELECTORS1

OF THE MUNICIPALITY, COUNTY, OR CITY AND COUNTY VOTING AT A2

REGULAR ELECTION OR SPECIAL ELECTION CALLED IN ACCORDANCE WITH3

THE "COLORADO MUNICIPAL ELECTION CODE OF 1965", ARTICLE 10 OF4

TITLE 31, OR THE "UNIFORM ELECTION CODE OF 1992", ARTICLES 1 TO 135

OF TITLE 1, AS APPLICABLE, OR A MAJORITY OF THE MEMBERS OF THE6

GOVERNING BOARD FOR THE MUNICIPALITY, COUNTY, OR CITY AND7

COUNTY, VOTE TO ALLOW THE DELIVERY OF RETAIL MARIJUANA OR RETAIL8

MARIJUANA PRODUCTS TO PRIVATE RESIDENCES PURSUANT TO THIS9

SECTION. A MUNICIPALITY, COUNTY, OR CITY AND COUNTY THAT PERMITS10

DELIVERY OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS11

SHALL NOT PROHIBIT A RETAIL MARIJUANA CENTER THAT IS LOCATED12

WITHIN ANOTHER JURISDICTION FROM DELIVERING WITHIN ITS13

JURISDICTION.14

(m) (I) THE STATE LICENSING AUTHORITY SHALL BEGIN ISSUING15

RETAIL MARIJUANA DELIVERY PERMITS TO QUALIFIED APPLICANTS ON16

JANUARY 2, 2021.17

(II) NO LATER THAN JANUARY 2, 2022, THE STATE LICENSING18

AUTHORITY SHALL SUBMIT A REPORT TO THE FINANCE COMMITTEES OF THE19

HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR20

COMMITTEES, REGARDING THE NUMBER OF RETAIL MARIJUANA DELIVERY21

APPLICATIONS SUBMITTED, THE NUMBER OF RETAIL MARIJUANA DELIVERY22

PERMITS ISSUED, ANY FINDINGS BY THE STATE LICENSING AUTHORITY OF23

CRIMINAL ACTIVITY MATERIALLY RELATED TO RETAIL MARIJUANA24

DELIVERY, AND ANY INCIDENT REPORTS THAT INCLUDE FELONY CHARGES25

MATERIALLY RELATED TO RETAIL MARIJUANA DELIVERY, WHICH WERE26

FILED AND REPORTED TO THE STATE LICENSING AUTHORITY BY THE LAW27

HB19-1234-20-

ENFORCEMENT AGENCY, DISTRICT ATTORNEY, OR OTHER AGENCY1

RESPONSIBLE FOR FILING THE FELONY CHARGES. THE STATE LICENSING2

AUTHORITY MAY CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE IN THE 3

DEPARTMENT OF PUBLIC SAFETY IN THE COLLECTION AND ANALYSIS OF4

ADDITIONAL CRIME DATA MATERIALLY RELATED TO RETAIL MARIJUANA5

DELIVERY.6


(1)(a) as follows:8

44-11-406. Medical marijuana transporter license. (1) (a) A9

medical marijuana transporter license may be issued to a person to10

provide logistics, distribution, DELIVERY TO A PRIVATE RESIDENCE ON11

BEHALF OF A MEDICAL MARIJUANA CENTER PURSUANT TO SECTION12

44-11-402 (11), and storage of medical marijuana and medical13

marijuana-infused products. Notwithstanding any other provisions of law,14

a medical marijuana transporter license is valid for two years but cannot15

be transferred with a change of ownership. A licensed medical marijuana16

transporter is responsible for the medical marijuana and medical17

marijuana-infused products once it takes control of the product.18


(1)(a) as follows:20

44-12-406. Retail marijuana transporter license. (1) (a) A21

retail marijuana transporter license may be issued to a person to provide22

logistics, distribution, DELIVERY TO A PRIVATE RESIDENCE ON BEHALF OF23

A RETAIL MARIJUANA STORE PURSUANT TO SECTION 44-12-402 (12), and24

storage of retail marijuana and retail marijuana products. Notwithstanding25

any other provisions of law, a retail marijuana transporter license is valid26

for two years but cannot be transferred with a change of ownership. A27

HB19-1234-21-

licensed retail marijuana transporter is responsible for the retail marijuana1

and retail marijuana products once it takes control of the product.2

SECTION 9. In Colorado Revised Statutes, 44-11-1101, add3

(2)(b)(III.5) as follows:4

44-11-1101. Responsible vendor program - standards -5

designation. (2) An approved training program shall contain, at a6

minimum, the following standards and shall be taught in a classroom7

setting in a minimum of a two-hour period:8

(b) A core curriculum of pertinent statutory and regulatory9

provisions, which curriculum includes, but need not be limited to:10

(III.5) STATUTORY AND REGULATORY REQUIREMENTS RELATED TO11

MARIJUANA DELIVERY;12

SECTION 10. Act subject to petition - effective date. This act13

takes effect at 12:01 a.m. on the day following the expiration of the14

ninety-day period after final adjournment of the general assembly (August15

2, 2019, if adjournment sine die is on May 3, 2019); except that, if a16

referendum petition is filed pursuant to section 1 (3) of article V of the17

state constitution against this act or an item, section, or part of this act18

within such period, then the act, item, section, or part will not take effect19

unless approved by the people at the general election to be held in20

November 2020 and, in such case, will take effect on the date of the21

official declaration of the vote thereon by the governor.22

HB19-1234-22-

state of colorado introduced...first regular session seventy-second general assembly state of...

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