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 5 - MEDICAL MARIJUANA LICENSE TYPES (§§ 44-10-501 — 44-10-507) › Section 44-10-505 - [Effective Until 8/7/2024] Medical marijuana transporter license - definition

(1)
(a)
A medical marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of medical marijuana and medical marijuana products. Notwithstanding any other provisions of law, a medical marijuana transporter license is valid for two years. A licensed medical marijuana transporter is responsible for the medical marijuana and medical marijuana products once it takes control of the product.
(b)
A licensed medical marijuana transporter may contract with multiple licensed medical marijuana businesses.
(c)
On and after July 1, 2017, all medical marijuana transporters shall hold a valid medical marijuana transporter license; except that an entity licensed pursuant to this article 10 that provides its own distribution is not required to have a medical marijuana transporter license to transport and distribute its products. The state licensing authority shall begin accepting applications after January 1, 2017.
(2)
A medical marijuana transporter licensee may maintain a licensed premises to temporarily store medical marijuana and medical marijuana products and to use as a centralized distribution point. The licensed premises must be located in a jurisdiction that permits the operation of medical marijuana stores. A licensed medical marijuana transporter may store and distribute medical marijuana and medical marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a medical marijuana cultivation facility license.
(3)
A medical marijuana transporter licensee shall use the seed-to-sale tracking system developed pursuant to section
44-10-202 (1)(a)
to create shipping manifests documenting the transport of medical marijuana and medical marijuana products throughout the state.
(4)
A medical marijuana transporter licensee may:
(a)
Maintain and operate one or more warehouses in the state to handle medical marijuana and medical marijuana products; and
(b)
Deliver medical marijuana and medical marijuana products on orders previously taken if the place where orders are taken and delivered is licensed.
(5)
(a)
(I)
There is authorized a medical marijuana delivery permit to a medical marijuana transporter license authorizing the permit holder to deliver medical marijuana and medical marijuana products.
(II)
A medical marijuana delivery permit is valid for one year and may be renewed annually upon renewal of the medical marijuana transporter license.
(III)
A medical marijuana delivery permit issued pursuant to this section applies to only one medical marijuana transporter; except that a single medical marijuana delivery permit may apply to multiple medical marijuana transporters if the medical marijuana transporters are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV)
The state licensing authority may issue a medical marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a medical marijuana transporter license issued pursuant to this article 10. The state licensing authority has discretion in determining whether an applicant is qualified to receive a medical marijuana delivery permit. A medical marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed medical marijuana transporter. A violation related to a medical marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana transporter license.
(b)
A medical marijuana transporter licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.
(c)
A licensed medical marijuana transporter with a medical marijuana delivery permit may deliver medical marijuana and medical marijuana products on behalf of a medical marijuana store only to the patient or parent or guardian who placed the order with a medical marijuana store and who:
(I)
Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;
(II)
Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and
(III)
Possesses an acceptable form of identification.
(d)
In accordance with this subsection (5) and rules adopted to implement this subsection (5), a licensed medical marijuana transporter with a valid medical marijuana delivery permit may:
(I)
Not accept orders on behalf of a medical marijuana store and may only pick up already packaged medical marijuana delivery orders from a medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule and deliver those orders to the appropriate patient, parent, or guardian;
(II)
Deliver medical marijuana and medical marijuana products not in excess of the amounts established by the state licensing authority;
(III)
Deliver only to a patient or parent or guardian at the address provided in the order;
(IV)
Deliver no more than once per day to the same patient or residence;
(V)
(A)
Deliver only to a private residence.
(B)
For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI)
Deliver medical marijuana or medical marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section
44-10-203 (2)(dd)
; and
(VII)
Use an employee to conduct deliveries on behalf of, and pursuant to a contract with, a medical marijuana store that has a valid medical marijuana delivery permit from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(e)
Prior to transferring possession of the order to a patient or a parent or guardian, the person delivering the order shall inspect the patient's or parent's or guardian's identification and registry identification card issued pursuant to section
25-1.5-106
, verify the possession of a valid registry identification card issued pursuant to section
25-1.5-106
, and verify that the information provided at the time of the order matches the name and age on the patient's or parent's or guardian's identification.
(f)
Any person delivering medical marijuana or medical marijuana products for a medical marijuana transporter must possess a valid occupational license and be a current employee of the medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(g)
(I)
Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of medical marijuana and medical marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II)
The advertising regulations and prohibitions adopted pursuant to section
44-10-203 (3)(a)
apply to medical marijuana delivery operations pursuant to this subsection (5).
(h)
It is not a violation of any provision of state, civil, or criminal law for a licensed medical marijuana transporter licensee with a valid medical marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver medical marijuana and medical marijuana products pursuant to a medical marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(i)
(I)
Notwithstanding any provisions of this section, delivery of medical marijuana or medical marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article
10
of title
31
, or the "Uniform Election Code of 1992", articles
1
to
13
of title
1
, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county vote to allow the delivery of medical marijuana or medical marijuana products pursuant to this section.
(II)
An ordinance adopted pursuant to subsection (5)(i)(I) of this section may prohibit delivery of medical marijuana or medical marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(j)
The state licensing authority shall begin issuing medical marijuana delivery permits to qualified medical marijuana transporter applicants on, but not earlier than, January 2, 2021.
Amended by 2022 Ch. 40, § 1, eff. 8/10/2022.
Renumbered from C.R.S. § 44-11-406 and amended by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2898, p. 2898, § 5, effective 1/1/2020.
This section is similar to former § 44-11-406 as it existed prior to 2020.
2022 Ch. 40, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.