2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › MARIJUANA REGULATION (§§ 44-10-101 — 44-12-101) › Article 10 - REGULATED MARIJUANA (§§ 44-10-101 — 44-10-1401) › Part 8 - FEES (§§ 44-10-801 — 44-10-803) › Section 44-10-801 - Marijuana cash fund - transfer - repeal

(1)
(a)
All money collected by the state licensing authority pursuant to this article 10 must be transmitted to the state treasurer, who shall credit the same to the marijuana cash fund, which fund is hereby created and referred to in this section as the "fund". The fund consists of:
(I)
The money collected by the state licensing authority; and
(II)
Any additional general fund money appropriated or transferred to the fund that is necessary for the operation of the state licensing authority.
(b)
Money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article 10 and article
28.8
of title
39
.
(c)
Any money in the fund not expended for these purposes may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.
(d) and (e)
Repealed.
(2)
The executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402 (3)
to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402 (4)
.
(3)
(a)
The state licensing authority shall establish fees for processing the following types of applications, licenses, notices, or reports required to be submitted to the state licensing authority:
(I)
Applications for licenses listed in section
44-10-401
and rules promulgated pursuant to that section;
(II)
Applications to change location pursuant to section
44-10-313 (13)
and rules promulgated pursuant to that section;
(III)
Applications for transfer of ownership pursuant to section
44-10-312
and rules promulgated pursuant to that section;
(IV)
License renewal and expired license renewal applications pursuant to section
44-10-314
; and
(V)
Licenses as listed in section
44-10-401
.
(b)
The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section
24-75-402 (3)
.
(c)
The state licensing authority may charge applicants licensed under this article 10 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.
(d)
At least annually, the state licensing authority shall review the amounts of the fees and, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority.
(4)
Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section
24-9-104
for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there must be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.
(5)
The subpoena fee established pursuant to subsection (4) of this section is not applicable to any federal, state, or local governmental agency.
(6)
(a)
On or before September 15, 2023, the department shall report to the state treasurer on the amount of the fiscal year 2022-23 general fund reversion for the unused general fund appropriation in the department's IDS print production line item of House Bill 22-1329, enacted in 2022.
(b)
This subsection (6) is repealed, effective September 1, 2024.
Amended by 2023 Ch. 353,§ 4, eff. 8/7/2023.
Amended by 2021 Ch. 130, § 8, eff. 9/7/2021.
Amended by 2021 Ch. 303, § 2, eff. 6/23/2021.
Amended by 2020 Ch. 178, § 23, eff. 6/29/2020.
Amended by 2019 Ch. 139, § 2, eff. 1/1/2020.
Renumbered from C.R.S. § 44-11-501 and amended by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2926, p. 2926, § 5, effective 1/1/2020; (1)(d)(III) added, (SB 19-213), ch. 1741, p. 1741, § 2, effective 1/1/2020. L. 2020: (1)(d)(IV) added, (HB 20-1406), ch. 178, p. 814, § 23, effective June 29. L. 2021: (1)(e) added, (SB 21-283), ch. 1820, p. 1820, § 2, effective June 23; (1)(d) repealed, (HB 21-1178), ch. 526, p. 526, § 8, effective September 7.
(1) This section is similar to former § 44-11-501 as it existed prior to 2020.
(2) Subsection (1)(d)(IV) was numbered as § 44-11-501(1)(d)(IV) in HB 20-1406 but was relocated due to the relocation of § 44-11-501 by SB 19-224, effective January 1, 2020.
2023 Ch. 353, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 130, was passed without a safety clause. See Colo. Const. art. V, § 1(3).