Bill Tracker

The bill creates a medical marijuana independent delivery license
and a retail marijuana independent delivery license (licenses) to deliver
and sell respective marijuana and marijuana products to consumers at
permissible delivery locations. A person must have a social equity license
to be issued the licenses. The department of revenue (department) is
required to promulgate rules concerning the licenses.
The bill creates an accelerator independent deliverer license,
accelerator hospitality business license, and accelerator transporter license
for social equity licensees qualified to participate in the accelerator
program.
The bill defines permissible delivery locations to establish where
licensees with delivery privileges may deliver to consumers.
The bill adds mandatory and permissive rule-making authority to
the department concerning social-equity-related matters.
The bill allows a marijuana hospitality licensee with a mobile
facility to temporarily suspend its license privileges related to mobility in
order to conduct non-marijuana commercial activities. The bill adds
mandatory rule-making authority to the department concerning these
matters.
Beginning January 31, 2026, the bill requires the state licensing
authority to provide an annual report to the finance committees of the
house of representatives and the senate concerning active social equity or
accelerator licenses and licensees, recommendations for new social equity
or accelerator licenses, and recommendations for new or innovative
funding sources for the social equity program. The department is required
to convene a new, or utilize an existing, working group of persons to
develop recommendations for the annual report.
Effective April 1, 2025, the bill amends the eligibility requirements
for a person to qualify as a social equity licensee. The new eligibility
requirements do not apply to licensee applications or licenses issued
before April 1, 2025, except for a limited exception.
The bill eliminates the $1 surcharge applied on deliveries.
The bill requires the department of regulatory agencies, as part of
its sunset review of the Colorado Marijuana Code in 2028, to review
social equity licensing and the licenses.
Under current law, there is the marijuana entrepreneur fund within
the office of economic development that provides grants and loans to
support marijuana industry entrepreneurs. The bill creates a new
permissible grant for local jurisdictions that establish a social equity
licensing program.
The bill creates a tax credit for an accelerator-endorsed licensee
who hosts and offers technical and capital support to a social equity
licensee for at least 12 consecutive months. An eligible
accelerator-endorsed licensee may claim up to $50,000 and may carry it
forward as a credit against subsequent years' income tax liability for a
period not exceeding 5 years. The tax credit may be claimed for tax years
2026 through 2035.
The bill amends the statutory provision concerning the retail
marijuana sales tax to state that a retailer is not allowed to retain any
portion of the retail marijuana sales tax collected to cover the expenses of
collecting and remitting the tax.

The bill establishes the electronic smoking device recycling
strategies advisory group (advisory group). The advisory group is tasked
with conducting an analysis of methods and strategies for the recycling
of single-use electronic smoking devices (devices). The advisory group
shall develop a report that:
  • Evaluates the extent of pollution caused by the disposal of
devices;
  • Reviews existing practices and capacity for the recycling of
devices;
  • Considers methods and strategies for recycling devices that
are protective of the public health and environment;
  • Considers whether Colorado should establish a deposit and
recycle program that charges consumers a fee for recycling
devices;
  • Recommends any state or local government policies related
to the recycling of devices; and
  • Identifies any existing state or federal grant programs or
other programs that may be available to assist in the
development of strategies for the recycling of devices.
The advisory group must submit the report to the general assembly, the
department of public health and environment, and the governor's office
on or before October 31, 2025.

Current law prohibits a local government from creating laws that
regulate the use of pesticides by pesticide applicators regulated by state
or federal law. The bill allows a local government to create and enforce
laws regulating the sale or use of pesticides to protect the health and
safety of the community with certain exceptions.

Current law allows the transfer of immature plants, seeds, and
genetic material between a medical or retail cultivation facility and
certain people, including people approved by rule. Sections 1, 7, and 10
of the bill allow this transfer from or to a medical or retail marijuana
cultivation facility from or to a person permitted by another jurisdiction
to possess or cultivate marijuana. The medical or retail cultivation facility
must confirm that the purchaser is 21 years of age or older. The
cultivation facility may accept online payments for the transfer. The state
licensing authority may promulgate rules to implement the provision, but
limits are placed on the rules that the state licensing authority may adopt.
Section 2 limits the frequency at which regulated marijuana and
a regulated marijuana product need to be tested to no more than once for
each required test and otherwise requires the elimination of redundant
testing. Section 2 also exempts the fungi in the genus aspergillus from
product testing.
Current law requires beneficial owners and people who have
access to the limited access areas of a medical marijuana business or retail
marijuana business to have identification cards. Section 2 repeals the
requirement that beneficial owners have identification cards, but retains
the requirement that people with access to the limited access areas need
to have identification cards.
Section 2 also specifies that a licensee need not use radio
frequency identification tags to tag or track marijuana and marijuana
products.
Current law requires the marijuana enforcement division in the
department of revenue (division) to promulgate rules requiring testing of
marijuana and marijuana products for contaminants or substances that are
harmful to health. Section 2 clarifies that these tests should be made to
determine whether the contaminants or substances are present in amounts
that are harmful to health. Current law allows a licensee to remediate
marijuana or marijuana products that have failed a test. Section 2
removes a requirement that the licensee identify on the labeling that the
product has failed a test when the product subsequently passed the same
test. Section 2 also authorizes retesting when the marijuana or marijuana
product has failed a test.
Current law authorizes the division to establish procedures to issue
a conditional employee identification card, which allows an individual to
work for a license holder, after the individual has submitted an initial
application and the division has conducted an investigation regarding the
application but before the fingerprint record check is finished. Section 2
requires the division to promulgate rules and issue the employee
identification card upon initial review of the application.
The division is required to adopt rules authorizing a licensee to
conduct fewer tests than normal upon demonstrating that the licensee's
standard operating procedures and production practices result in
consistent passing test results (program). Section 2 specifically authorizes
this program and sets an expiration date for reduced testing under the
program at 3 years.
Sections 2, 4, 5, 6, 8, 9, and 11 extend the initial license and
license renewal periods from one year to 2 years.
Section 3 requires the division to establish a system that allows a
medical or retail marijuana business that transports marijuana or
marijuana products to use an electronic manifest system.
Section 5 requires the division to retain fingerprints submitted for
initial licensure for use in a criminal history record check for license
renewal. Section 5 also authorizes a person who holds multiple licenses
or affiliated persons who hold multiple licenses to submit a unified
application for license renewal. The license holders must elect to have
one or more licenses expire in less than 2 years in order to coordinate the
expiration date.
Section 12 requires the division to promulgate rules categorizing
each violation as a safety violation or a technical violation. The division
will expunge technical violations from a licensee's record on the later date
of one year after the violation is reported or when the license is renewed.
Section 13 reduces the amount of time for which a marijuana
licensee must retain books and records that show the business's
transactions from 3 years to one year.
Current law requires that excise tax be levied on the first transfer
of unprocessed retail marijuana. Section 14 specifies that the transfer of
unprocessed retail marijuana exclusively for microbial control is not the
first transfer of unprocessed retail marijuana for taxation purposes.