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 6 - RETAIL MARIJUANA LICENSE TYPES (§§ 44-10-601 — 44-10-611) › Section 44-10-603 - [Effective Until 8/7/2024] Retail marijuana products manufacturer license - rules - definition

(1)
(a)
A retail marijuana products manufacturer license may be issued to a person who manufactures retail marijuana products pursuant to the terms and conditions of this article 10.
(b)
A retail marijuana products manufacturer may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility. A retail marijuana products manufacturer shall track all of its retail marijuana from the point it is either transferred from its retail marijuana cultivation facility or the point when it is delivered to the retail marijuana products manufacturer from a licensed retail marijuana cultivation facility to the point of transfer to a licensed retail marijuana store, a licensed retail marijuana products manufacturer, a retail marijuana testing facility, or a licensed retail marijuana cultivation facility with a centralized distribution permit pursuant to section
44-10-602 (7)
.
(c)
A retail marijuana products manufacturer shall not accept any retail marijuana purchased from a retail marijuana cultivation facility unless the retail marijuana products manufacturer is provided with evidence that any applicable excise tax due pursuant to article
28.8
of title
39
was paid.
(d)
A retail marijuana products manufacturer shall not:
(I)
Add any marijuana to a food product where the manufacturer of the food product holds a trademark to the food product's name; except that a retail marijuana products manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and where the retail marijuana products manufacturer does not state or advertise to the consumer that the final retail marijuana product contains a trademarked food product;
(II)
Intentionally or knowingly label or package a retail marijuana product in a manner that would cause a reasonable consumer confusion as to whether the retail marijuana product was a trademarked food product; or
(III)
Label or package a product in a manner that violates any federal trademark law or regulation.
(e)
A retail marijuana products manufacturer may sell retail marijuana and retail marijuana products to a retail marijuana hospitality and sales business.
(f)
A person must be licensed as a retail marijuana products manufacturer, including paying the license and application fees, to manufacture potentially intoxicating cannabinoids or intoxicating cannabinoids from retail marijuana to be used as an ingredient or as finished retail marijuana products in accordance with this article 10.
(2)
Retail marijuana products must be prepared on a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products; except that, if permitted by the local jurisdiction and subject to rules of the state licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
(a)
A medical marijuana products manufacturer licensee so long as a virtual or physical separation of inventory is maintained;
(b)
A commonly owned marijuana research and development licensee so long as virtual or physical separation of inventory and research activity is maintained; or
(c)
An accelerator manufacturer licensee if the retail marijuana products manufacturer has its premises endorsed pursuant to rule before each accelerator manufacturer licensee operates and each accelerator manufacturer licensee is approved to operate on that premises.
(3)
All licensed premises on which retail marijuana products are manufactured must meet the sanitary standards for retail marijuana product preparation promulgated pursuant to section
44-10-203 (2)(i)
.
(4)
(a)
The retail marijuana product must be sealed and conspicuously labeled in compliance with this article 10 and any rules promulgated pursuant to this article 10. The labeling of retail marijuana products is a matter of statewide concern.
(b)
The standard symbol requirements as promulgated pursuant to section
44-10-203 (2)(y)
do not apply to a multi-serving liquid retail marijuana product, which is impracticable to mark, if the product complies with all statutory and rule packaging requirements for multi-serving edibles and complies with the following enhanced requirements to reduce the risk of accidental ingestion. A multi-serving liquid must:
(I)
Be packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring measurement of each liquid serving in increments equal to or less than ten milligrams of active THC per serving, with no more than one hundred milligrams of active THC total per package; and
(II)
The measurement component is within the child-resistant cap or closure of the bottle and is not a separate component.
(5)
Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana products manufacturer.
(6)
A retail marijuana products manufacturer may provide, except as required by section
44-10-203 (2)(d)
, a sample of its products to a facility that has a retail marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana products manufacturer shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(7)
An edible retail marijuana product may list its ingredients and compatibility with dietary practices.
(8)
A licensed retail marijuana products manufacturer shall package and label each product manufactured as required by rules of the state licensing authority pursuant to section
44-10-203 (2)(f) and (3)(b)
.
(9)
All retail marijuana products that require refrigeration to prevent spoilage must be stored and transported in a refrigerated environment.
(10)
(a)
A retail marijuana products manufacturer licensee may provide a retail marijuana product sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
(b)
A sample authorized pursuant to subsection (10)(a) of this section is limited to one serving size of an edible retail marijuana product not exceeding ten milligrams of THC and its applicable equivalent serving size of nonedible retail marijuana product per batch as defined in rules promulgated by the state licensing authority and one-quarter gram of retail marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of retail marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.
(c)
A sample authorized pursuant to subsection (10)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section
44-10-203 (2)(f) and (3)(b)
.
(d)
A sample provided pursuant to subsection (10)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana products manufacturer licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(e)
Prior to a manager receiving a sample pursuant to subsection (10)(a) of this section, a retail marijuana products manufacturer licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section
18-18-406
.
(f)
A manager shall not:
(I)
Receive more than a total of eight grams of retail marijuana concentrate or fourteen individual serving-size edibles or its applicable equivalent in nonedible retail marijuana products per calendar month, regardless of the number of licenses that the manager is associated with; or
(II)
Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(g)
A retail marijuana products manufacturing licensee shall not:
(I)
Allow a manager to consume the sample on the licensed premises; or
(II)
Use the sample as a means of compensation to a manager.
(h)
The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(h) on the licensed premises for inspection by the state and local licensing authorities.
(i)
For purposes of this subsection (10) only, "manager" means an employee of the retail marijuana products manufacturer who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the retail marijuana products manufacturer.
(11)
(a)
A retail marijuana products manufacturer that uses an industrial hemp product as an ingredient in a retail marijuana product shall ensure that the industrial hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section
44-10-203 (2)(d)
. Prior to taking possession of the industrial hemp product, a retail marijuana products manufacturer shall verify that the industrial hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the industrial hemp product has received a registration from the department of public health and environment pursuant to section
25-5-426
.
(b)
Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of an industrial hemp product, a person transferring industrial hemp product to a retail marijuana products manufacturer pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings in violation of this section by a person registered pursuant to section
25-5-426
.
(12)
Notwithstanding any other provision of law to the contrary, a licensed retail marijuana products manufacturer may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(13)
A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator manufacturer licensee operating on its premises. A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide capital assistance to an accelerator manufacturer licensee operating on its premises.
(14)
A retail marijuana products manufacturer licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(15)
(a)
After obtaining passing test results required by subsection (6) of this section, a retail marijuana products manufacturer may transfer retail marijuana that has been extracted and is in a concentrated form to a co-located medical marijuana products manufacturer with at least one identical controlling beneficial owner and change the designation of the retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form. Pursuant to section
44-10-503 (12)(a)
, after the medical marijuana products manufacturer enters the designation change into the seed-to-sale tracking system, the product is a medical marijuana product and is the property of the medical marijuana products manufacturer. A product that changed designation pursuant to this subsection (15)(a) shall not be transferred to the originating retail marijuana products manufacturer or any retail marijuana licensee, have its designation changed from a medical marijuana product, or otherwise be treated as a retail marijuana product.
(b)
A transfer and change of designation of retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form pursuant to this subsection (15) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
Amended by 2023 Ch. 444,§ 8, eff. 6/7/2023.
Amended by 2021 Ch. 306, § 4, eff. 7/1/2022.
Amended by 2021 Ch. 130, § 7, eff. 9/7/2021.
Amended by 2020 Ch. 184, § 9, eff. 9/14/2020.
Amended by 2019 Ch. 340, § 19, eff. 1/1/2020.
Renumbered from C.R.S. § 44-12-404 and amended by 2019 Ch. 315, § 5, eff. 1/1/2020, except that subsection (11) is effective 7/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2913, p. 2913, § 5, effective 1/1/2020 (see editor's note); (1)(e) added, (HB 19-1230), ch. 3121, p. 3121, § 19, effective 1/1/2020. L. 2020: (2)(c), (13), and (14) amended, (HB 20-1424), ch. 847, p. 847, § 9, effective September 14. L. 2021: (2) amended, (HB 21-1178), ch. 525, p. 525, § 7, effective September 7; (15) added, (HB 21-1216), ch. 1834, p. 1834, § 4, effective 7/1/2022.
(1) This section is similar to former § 44-12-404 as it existed prior to 2020.
(2) Section 38 of chapter 315 (SB 19-224), Session Laws of Colorado 2019, provides that the effective date of subsection (11) is July 1, 2020.
This section is set out more than once due to postponed, multiple, or conflicting amendments.