CO Code § 44-10-304 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 10 - Regulated Marijuana|Part 3 - Licensing Procedures|§ 44-10-304. Results of Investigation - Decision of Authorities - Medical Marijuana

  Not less than five days prior to the date of the public hearing authorized in section 44-10-303, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause, subject to judicial review.    Before entering a decision approving or denying the application for a local medical marijuana business license, the local licensing authority may consider, except where this article 10 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana stores, medical marijuana cultivation facilities, or medical marijuana products manufacturers located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.    Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision must be in writing and must state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application.    After approval of an application, the local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this article 10, and then only after the state or local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application pursuant to section 44-10-301 (4).    After approval of an application for conditional state licensure, the state licensing authority shall notify the local licensing authority of such approval. After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval, and the state licensing authority shall investigate and either approve or disapprove the application for state licensure.     History. Source: L. 2019: Entire article added with relocations,(SB 19-224), ch. 315, p. 2860, § 5, effective January 1, 2020.    Editor's note:   This section is similar to former § 44-11-303 as it existed prior to 2020.   ANNOTATION   The “number, type, and availability” language in subsection (2) is not unconstitutionally vague. A city code that uses the same “number, type, and availability” language as subsection (2) provides sufficient notice to an applicant regarding what information the licensing authority will consider. Rocky Mtn. Retail v. City of Northglenn, 2017 CO 33, 393 P.3d 533 (decided under former § 12-43.3-303 ).