CO Code § 44-10-202 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 10 - Regulated Marijuana|Part 2 - State Licensing Authority|§ 44-10-202. Powers and Duties of State Licensing Authority - Stakeholder Work Group - Rules - Report - Legislative Declaration - Repeal

  Powers and duties. The state licensing authority shall:   Develop and maintain a seed-to-sale tracking system that tracks regulated marijuana from either the seed or immature plant stage until the regulated marijuana or regulated marijuana product is sold to a patient at a medical marijuana store or to a customer at a retail marijuana store or a retail marijuana hospitality and sales business to ensure that no regulated marijuana grown or processed by a medical marijuana business or retail marijuana business is sold or otherwise transferred except by a medical or retail marijuana store or a retail marijuana hospitality and sales business; except that the medical marijuana or medical marijuana product is no longer subject to the tracking system once the medical marijuana or medical marijuana product has been:   Repealed.    Transferred to a pesticide manufacturer in quantities that are limited as specified in rules promulgated by the state licensing authority, in consultation with the departments of public health and environment and agriculture. The rules must define a pesticide manufacturer that is authorized to conduct research and must authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical marijuana. Notwithstanding any other provision of law, a pesticide manufacturer authorized pursuant to this subsection (1)(a)(II) to conduct pesticide research regarding marijuana must be located in Colorado, must conduct the research in Colorado, and is exempt from all otherwise applicable restrictions on the possession and use of medical marijuana or medical marijuana products; except that the manufacturer shall:   Not possess at any time a quantity of medical marijuana or medical marijuana product in excess of the limit established in rules promulgated by the state licensing authority;    Use the medical marijuana and medical marijuana product only for the pesticide research authorized pursuant to this subsection (1)(a)(II);    Destroy, in compliance with rules promulgated by the state licensing authority, all medical marijuana and medical marijuana products remaining after the research has been completed; and    Not apply pesticides for research purposes on the licensed premises of a medical marijuana business.          Grant or refuse state licenses for the cultivation, manufacture, distribution, sale, hospitality, and testing of regulated marijuana and regulated marijuana products as provided by law; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 10 or any rule promulgated pursuant to this article 10; and impose any penalty authorized by this article 10 or any rule promulgated pursuant to this article 10. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.    Promulgate rules for the proper regulation and control of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana and regulated marijuana products and for the enforcement of this article 10 and promulgate amended rules and such special rulings and findings as necessary;    Hear and determine at a public hearing any contested state license denial and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24. The state licensing authority may, at its discretion, delegate to the department hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section 24-4-105. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority.    Develop such forms, licenses, identification cards, and applications as are necessary or convenient in the discretion of the state licensing authority for the administration of this article 10 or rules promulgated pursuant to this article 10;    Prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the state licensing authority;    Collect and maintain data related to licensing disqualifications and all sanctions based on past criminal history pursuant to the requirements in section 24-34-104 (6)(b)(IX); and      On or before November 1, 2021, in collaboration with the governor's deputy legal counsel and the governor's special advisor on cannabis, convene a working group to examine the existing rules and tax laws that apply to the state's wholesale marijuana cultivation market. The working group shall explore options on how the existing rules and tax laws could be amended to better position businesses in the state to be competitive if marijuana is legalized under federal law. On or before June 1, 2022, the working group shall submit a report of its findings and recommendations to the executive director and the general assembly, which report may include recommendations for legislation. (h) (I) On or before November 1, 2021, in collaboration with the governor's deputy legal counsel and the governor's special advisor on cannabis, convene a working group to examine the existing rules and tax laws that apply to the state's wholesale marijuana cultivation market. The working group shall explore options on how the existing rules and tax laws could be amended to better position businesses in the state to be competitive if marijuana is legalized under federal law. On or before June 1, 2022, the working group shall submit a report of its findings and recommendations to the executive director and the general assembly, which report may include recommendations for legislation.    This subsection (1)(h) is repealed, effective September 1, 2022.          Nothing in this article 10 delegates to the state licensing authority the power to fix prices for regulated marijuana.    Nothing in this article 10 limits a law enforcement agency's ability to investigate unlawful activity in relation to a medical marijuana business or retail marijuana business. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a primary caregiver, licensee, or employee of a licensee during an investigation of unlawful activity related to medical marijuana. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to regulated marijuana and regulated marijuana products.    The executive director of the department of public health and environment shall provide to the state licensing authority standards for licensing laboratories pursuant to the requirements as outlined in section 44-10-203 (2)(d)(II) for regulated marijuana and regulated marijuana products.      The state licensing authority has the authority to petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 10 to obtain documents or information necessary to enforce the provisions of this article 10 and any rules promulgated pursuant to this article 10 after reasonable efforts have been made to obtain requested documents or information without a subpoena.    The state licensing authority may apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 10 and to enforce compliance with this article 10 or any rule or order issued pursuant to this article 10 whenever it appears to the state licensing authority upon sufficient evidence satisfactory to the state licensing authority that any person has been or is committing an act prohibited by this article 10, a rule promulgated pursuant to this article 10, a rule or an order issued pursuant to this article 10, and the act:   Threatens public health or safety;    Constitutes an unlawful act for which the person does not hold the required license under this article 10; or    Constitutes a violation of an order of the state licensing authority.          The general assembly finds and declares that matters related to labeling as regulated pursuant to this section and section 44-10-203 (2)(f), packaging as regulated pursuant to this section and section (3)(b), and testing as regulated pursuant to this section and section 44-10-203 (2)(d) are matters of statewide concern and the sole regulatory authority for labeling, packaging, and testing is section 44-10-203.    Repealed.      The state licensing authority shall convene a stakeholder work group to develop:   A uniform certification form to be used by recommending physicians when authorizing the patient to purchase more than the statutorily allowed quantities, as required by section 25-1.5-106 (5), which may be relied upon by medical marijuana stores. The form must contain a uniform weight and uniform potency description to enable a medical marijuana store to fulfill its obligations without the need to make a further calculation or examine other documents. The form shall not contain any information concerning the patient's medical condition or diagnosis.    A tangible educational resource regarding the use of regulated marijuana concentrate. The educational resource must provide information as determined by rule and education, including but not limited to:   Examples of visual representation of a serving size recommended for each type of concentrate;    Risks and precautions;    Other statutory and regulatory labeling requirements mandated on marijuana products; and    A notice that describes the penalties associated with marijuana diversion.          The uniform certification and educational resource must be completed by January 1, 2022.    This subsection (8) is repealed, effective July 1, 2022.        History. Source: L. 2019: Entire article added with relocations,(SB 19-224), ch. 315, p. 2840, § 5, effective January 1, 2020; IP(1)(a) and (1)(b) amended,(HB 19-1230), ch. 340, p. 3118, § 13, effective January 1, 2020. L. 2020: (1)(a)(I) repealed,(HB 20-1402), ch. 216, p. 1060, § 74, effective June 30. L. 2021: (8) added,(HB 21-1317), ch. 313, p. 1920, § 10, effective June 24; (1)(b) amended,(HB 21-1178), ch. 130, p. 524, § 2, effective September 7; (1)(f) and (1)(g) amended and (1)(h) added,(HB 21-1301), ch. 304, p. 1825, § 4, effective September 7.    Editor's note:    This section is similar to former §§ 44-12-202 IP(2), (2)(a), (2)(b), and (3)(a)(IV)(G) and 44-11-202 (1)(c), (1)(e), and (1)(f) as they existed prior to 2020.    Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2021. (SeeL. 2019, p. 2840.)     ANNOTATION   Applied in Standing Akimbo, LLC v. United States, 955 F.3d 1146 (10th Cir. 2020).