reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-106 - Lawful acts

(1)
It is lawful for a person under eighteen years of age who is under the supervision of a person on the premises eighteen years of age or older to be employed in a place of business where fermented malt beverages or wine is sold at retail in containers for off-premises consumption. During the normal course of such employment, any person under twenty-one years of age may handle and otherwise act with respect to fermented malt beverages or wine in the same manner as that person does with other items sold at retail; except that:
(a)
A person under eighteen years of age shall not sell or dispense fermented malt beverages or wine, check age identification, or make deliveries beyond the customary parking area for the customers of the retail outlet; and
(b)
A person who is under twenty-one years of age shall not deliver fermented malt beverages or wine in sealed containers to customers.
(2)
This section does not permit the violation of any other provisions of this section under circumstances not specified in this section.
Amended by 2022 Ballot Proposition 125, passed by voters in 11/8/2020 election, effective 3/1/2023.
Amended by 2018 Ch. 366, § 3, eff. 1/1/2019.
Renumbered from C.R.S. § 12-46-106 by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1071, § 2, effective October 1; entire section amended, (SB 18-243), ch. 366, p. 2192, § 3, effective 1/1/2019.
(1) This section is similar to former § 12-46-106 as it existed prior to 2018.
(2) This section was numbered as § 12-46-106 in SB 18-243. That section was harmonized with and relocated to this section as this section appears in HB 18-1025, effective January 1, 2019.
For the legislative declaration in SB 18-243, see section 1 of chapter 366, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-108 - [Repealed]

Repealed by 2019 Ch. 1, § 28, eff. 1/31/2019.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 1072, p. 1072, § 2, effective October 1. L. 2019: Entire section repealed, (SB 19 -011), ch. 17, p. 17, § 28, effective January 31.
This section was similar to former § 12-46-108 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-109 - [Repealed]

Renumbered from C.R.S. § 12-46-109 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Added by 2016 Ch. 365, § 5, eff. 7/1/2016.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1072, § 2, effective October 1.
(1) This section was similar to former § 12-46-109 as it existed prior to 2018.
(2) Subsection (4) provided for the repeal of this section, effective July 1, 2019. (See L. 2016, p. 1528.)
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-101 - Special licenses authorized

(1)
The state or local licensing authority, as defined in articles
3
and
4
of this title 44, may issue a special event permit for the sale, by the drink only, of fermented malt beverages, as defined in section
44-4-103
, or the sale, by the drink only, of malt, spirituous, or vinous liquors, as defined in section
44-3-103
, to organizations and political candidates qualifying under this article 5, subject to the applicable provisions of articles
3
and
4
of this title 44 and to the limitations imposed by this article 5.
(2)
For purposes of this article 5, a state institution of higher education includes each principal campus of a state system of higher education.
Renumbered from C.R.S. § 12-48-101 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2018 Ch. 33,§ 1, eff. 8/8/2018.
L. 2018: Entire section amended, (HB 18-1096), ch. 33, p. 369, § 1, effective August 8; entire article added with relocations, (HB 18-1025), ch. 152, p. 1074, § 2, effective October 1.
(1) This section is similar to former § 12-48-101 as it existed prior to 2018.
(2) This section was numbered as § 12-48-101 in HB 18-1096. That section was harmonized with and relocated to this section as this section appears in HB 18-1025.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-102 - [Effective Until 8/7/2024] Qualifications for permit

(1)
A special event permit issued under this article 5 may be issued to:
(a)
An organization, whether or not presently licensed under articles
3
and
4
of this title 44, that:
(I)
Has been incorporated under the laws of this state for purposes of a social, fraternal, patriotic, political, educational, or athletic nature, and not for pecuniary gain;
(II)
Is a regularly chartered branch, lodge, or chapter of a national organization or society organized for the purposes specified in subsection (1)(a)(I) of this section and is nonprofit in nature;
(III)
Is a regularly established religious or philanthropic institution; or
(IV)
Is a state institution of higher education;
(b)
A political candidate who has filed the necessary reports and statements with the secretary of state pursuant to article
45
of title
1
; or
(c)
Any municipality, county, or special district.
(2)
Repealed.
(3)
Notwithstanding any law to the contrary, and subject to this article 5, the state or local licensing authority may issue a special event permit to a state agency, the Colorado wine industry development board, created in section
35-29.5-103
, or an instrumentality of a municipality or county that promotes:
(a)
Alcohol beverages manufactured in the state; or
(b)
Tourism in an area of the state where alcohol beverages are manufactured.
Renumbered from C.R.S. § 12-48-102 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 33, § 2, eff. 8/8/2018.
Amended by 2017 Ch. 63, § 1, eff. 8/9/2017.
L. 2018: (1) amended and (2) repealed, (HB 18-1096), ch. 33, p. 369, § 2, effective August 8; entire article added with relocations, (HB 18-1025), ch. 152, p. 1074, § 2, effective October 1.
(1) This section is similar to former § 12-48-102 as it existed prior to 2018.
(2) Subsections (1) and (2) of this section were numbered as § 12-48-102(1) and (2), respectively, in HB 18-1096. Those provisions were harmonized with and relocated to this section as this section appears in HB 18-1025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-103 - [Effective Until 8/7/2024] Grounds for issuance of special permits

(1)
(a)
A special event permit may be issued under this section notwithstanding the fact that the special event is to be held on premises licensed under the provisions of section
44-3-403
,
44-3-404
,
44-3-413 (3)
,
44-3-418
,
44-3-419
, or
44-3-424
. The holder of a special event permit issued pursuant to this subsection (1) is responsible for any violation of article
3
of this title 44.
(b)
If a violation of this article 5 or article
3
of this title 44 occurs during a special event festival and the responsible licensee can be identified, the state or local licensing authority may charge and impose appropriate penalties on the licensee. If the responsible licensee cannot be identified, the state licensing authority may send written notice to every licensee identified on the permit applications and may fine each the same dollar amount. The fine shall not exceed twenty-five dollars per licensee or two hundred dollars in the aggregate. A joint fine levied pursuant to this subsection (1)(b) does not apply to the revocation of a licensee's license under section
44-3-601
.
(2)
Nothing in this article 5 shall be construed to prohibit the sale or dispensing of malt, vinous, or spirituous liquors on any closed street, highway, or public byway for which a special event permit has been issued.
Amended by 2021 Ch. 195, § 3, eff. 9/7/2021.
Renumbered from C.R.S. § 12-48-103 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 1075, p. 1075, § 2, effective October 1. L. 2021: (1)(b) amended, (SB 21-082), ch. 1046, p. 1046, § 3, effective September 7.
This section is similar to former § 12-48-103 as it existed prior to 2018.
2021 Ch. 195, 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.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-103 - [Effective 8/7/2024] Grounds for issuance of special permits

(1)
(a)
A special event permit may be issued under this section notwithstanding the fact that the special event is to be held on premises licensed under the provisions of section
44-3-403
,
44-3-404
,
44-3-413 (3)
,
44-3-418
,
44-3-419
, or
44-3-424
. The holder of a special event permit issued pursuant to this subsection (1) is responsible for any violation of this article 5 or articles 3 or 4 of this title 44.
(b)
If a violation of this article 5 or article
3
of this title 44 occurs during a special event festival and the responsible licensee can be identified, the state or local licensing authority may charge and impose appropriate penalties on the licensee. If the responsible licensee cannot be identified, the state licensing authority may send written notice to every licensee identified on the permit applications and may fine each the same dollar amount. The fine shall not exceed twenty-five dollars per licensee or two hundred dollars in the aggregate. A joint fine levied pursuant to this subsection (1)(b) does not apply to the revocation of a licensee's license under section
44-3-601
.
(2)
Nothing in this article 5 shall be construed to prohibit the sale or dispensing of malt, vinous, or spirituous liquors on any closed street, highway, or public byway for which a special event permit has been issued.
Amended by 2024 Ch. 369,§ 3, eff. 8/7/2024.
Amended by 2021 Ch. 195, § 3, eff. 9/7/2021.
Renumbered from C.R.S. § 12-48-103 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 1075, p. 1075, § 2, effective October 1. L. 2021: (1)(b) amended, (SB 21-082), ch. 1046, p. 1046, § 3, effective September 7.
This section is similar to former § 12-48-103 as it existed prior to 2018.
2024 Ch. 369, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 195, 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.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-104 - Fees for special permits

(1)
Special event permit fees are:
(a)
Ten dollars per day for a malt beverage permit;
(b)
Twenty-five dollars per day for a malt, vinous, and spirituous liquor permit.
(2)
All fees are payable in advance to the department for applications for special event permits submitted to the state licensing authority for approval.
Renumbered from C.R.S. § 12-48-104 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1075, § 2, effective October 1.
This section is similar to former § 12-48-104 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-105 - [Effective Until 8/7/2024] Restrictions related to permits

(1)
Each special event permit shall be issued for a specific location and is not valid for any other location.
(2)
A special event permit authorizes sale of the beverage or the liquors specified only during the following hours:
(a)
Between the hours of five a.m. of the day specified in a malt beverage permit and until twelve midnight on the same day;
(b)
Between the hours of seven a.m. of the day specified in a malt, vinous, and spirituous liquor permit and until two a.m. of the day immediately following.
(3)
The state or a local licensing authority shall not issue a special event permit to any organization for more than fifteen days in one calendar year.
(4)
No issuance of a special event permit shall have the effect of requiring the state or local licensing authority to issue such a permit upon any subsequent application by an organization.
(5)
Sandwiches or other food snacks shall be available during all hours of service of malt, spirituous, or vinous liquors, but prepared meals need not be served.
Renumbered from C.R.S. § 12-48-105 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1075, § 2, effective October 1.
This section is similar to former § 12-48-105 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-105 - [Effective 8/7/2024] Restrictions related to permits

(1)
Each special event permit shall be issued for a specific location and is not valid for any other location.
(2)
A special event permit authorizes sale of the beverage or the liquors specified only during the following hours:
(a)
Between the hours of five a.m. of the day specified in a malt beverage permit and until twelve midnight on the same day;
(b)
Between the hours of seven a.m. of the day specified in a malt, vinous, and spirituous liquor permit and until two a.m. of the day immediately following.
(3)
The state or a local licensing authority shall not issue a special event permit to any organization for more than fifteen days in one calendar year.
(4)
No issuance of a special event permit shall have the effect of requiring the state or local licensing authority to issue such a permit upon any subsequent application by an organization.
(5)
A special event permit holder shall make available sandwiches or other food snacks during all hours of service of malt, spirituous, or vinous liquors, but prepared meals need not be served. For a special event held by a chamber of commerce, pursuant to a permit issued under section 44-5-102 (1)(d), the chamber of commerce and each participating member shall make available snacks and sandwiches during all hours when alcohol beverages are served.
Amended by 2024 Ch. 369,§ 4, eff. 8/7/2024.
Renumbered from C.R.S. § 12-48-105 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1075, § 2, effective October 1.
This section is similar to former § 12-48-105 as it existed prior to 2018.
2024 Ch. 369, 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.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-106 - Grounds for denial of special permit

(1)
The state or local licensing authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.
(2)
Public notice of the proposed permit and of the procedure for protesting issuance of the permit shall be conspicuously posted at the proposed location for at least ten days before approval of the permit by the local licensing authority.
Renumbered from C.R.S. § 12-48-106 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1076, § 2, effective October 1.
This section is similar to former § 12-48-106 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-108 - Exemptions

An organization otherwise qualifying under section
44-5-102
shall be exempt from the provisions of this article 5 and shall be deemed to be dispensing gratuitously and not to be selling fermented malt beverages or malt, spirituous, or vinous liquors when it serves, by the drink, fermented malt beverages or malt, spirituous, or vinous liquors to its members and their guests at a private function held by the organization on unlicensed premises, so long as any admission or other charge, if any, required to be paid or given by any such member as a condition to entry or participation in the event is uniform as to all without regard to whether or not a member or such member's guest consumes or does not consume such beverages or liquors. For purposes of this section, all invited attendees at a private function held by a state institution of higher education shall be considered members or guests of the institution.
Renumbered from C.R.S. § 12-48-108 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1077, § 2, effective October 1.
This section is similar to former § 12-48-108 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 5 - SPECIAL EVENT LIQUOR PERMITS (§§ 44-5-101 — 44-5-109) › Section 44-5-109 - Alcohol beverages obtained for a special event - authority of club licensee to commingle with inventory

If a person licensed under section
44-3-418
purchases alcohol beverages from a wholesaler for purposes of a special event held on the licensee's premises, the licensee is not required to store the alcohol beverages purchased for the special event separately from the licensee's inventory.
Added by 2021 Ch. 112,§1, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-133), ch. 440, p. 440, §1, effective September 7.
Section 2 of chapter 112 (SB 21-133), Session Laws of Colorado 2021, provides that the act adding this section applies to special event permits issued on or after September 7, 2021.
2021 Ch. 112, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 6 - LIQUOR ENFORCEMENT DIVISION AND STATE LICENSING AUTHORITY CASH FUND (§ 44-6-101) › Section 44-6-101 - Liquor enforcement division and state licensing authority cash fund

There is hereby created in the state treasury the liquor enforcement division and state licensing authority cash fund. The fund consists of money transferred in accordance with sections
44-3-502(1)
,
44-4-105(2)
, and
44-7-104.5(6)
. The general assembly shall make annual appropriations from the fund for a portion of the direct and indirect costs of the liquor enforcement division and the state licensing authority in the administration and enforcement of articles
3
to
5
and
7
of this title 44. Any money remaining in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund. The fund shall be maintained in accordance with section
24-75-402
.
Amended by 2020 Ch. 302,§16, eff. 7/14/2020.
Renumbered from C.R.S. § 24-35-401 and amended by 2018 Ch. 24,§2, eff. 10/1/2018.
Amended by 2018 Ch. 152,§11, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1026), ch. 24, p. 280, § 2, effective October 1; entire section amended, (HB 18-1025), ch 152, p. 1079, § 11, effective October 1.
(1) This section is similar to former § 24-35-401 as it existed prior to 2018.
(2) This section was numbered as §
24-35-401
in HB 18-1025. That section was harmonized with and relocated to this section as this section appears in HB 18-1026.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 7 - REGULATION OF TOBACCO SALES (§§ 44-7-101 — 44-7-107) › Section 44-7-101 - Legislative declaration

(1)
The general assembly finds that:
(a)
The use of cigarettes, tobacco products, or nicotine products creates dangerous risks to the health of the people of the state of Colorado;
(b)
Studies have shown that most people who use cigarettes, tobacco products, or nicotine products started using them before the age of eighteen; and
(c)
The costs of health care for persons suffering from diseases caused by the use of cigarettes, tobacco products, or nicotine products are borne by all people of the state of Colorado.
(2)
The general assembly also recognizes that federal regulations now require states, through designated state agencies, to develop programs to reduce the use of cigarettes, tobacco products, or nicotine products by minors as demonstrated by random inspection of businesses that sell cigarettes, tobacco products, or nicotine products at retail.
Renumbered from C.R.S. § 24-35-501 and amended by 2018 Ch. 34,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 113,§ 2, eff. 4/11/2014.
L. 2018: Entire article added with relocations, (SB 18-036), ch. 34, p. 372, § 2, effective October 1.
This section is similar to former § 24-35-501 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 7 - REGULATION OF TOBACCO SALES (§§ 44-7-101 — 44-7-107) › Section 44-7-102 - Definitions

As used in this article 7, unless the context otherwise requires:
(1)
"Cigarette, tobacco product, or nicotine product" has the same meaning as provided in section
18-13-121(5)
.
(2)
(a)
"Distributor" means a person who sells or distributes cigarettes, tobacco products, or nicotine products to licensed retailers in this state.
(b)
"Distributor" includes a "distributor" or "distributing subcontractor" as those terms are defined in section
39-28.5-101
.
(3)
"Division" means the division of liquor enforcement within the department.
(4)
"Electronic smoking device" has the meaning set forth in section
25-14-203
(4.5).
(5)
"Hearing officer" means a person designated by the executive director to conduct hearings held pursuant to section
44-7-105
.
(6)
"Local authority" means the governing body of a local government or any authority designated by a municipal or county charter, municipal ordinance, or county resolution to regulate retailers.
(7)
"Local government" means a statutory or home rule municipality, county, or city and county.
(8)
"Minor" means a person under twenty-one years of age.
(9)
"New retail location" means a retail location in the state at which cigarettes, tobacco products, or nicotine products were not sold before July 14, 2020.
(10)
"Retailer" means the owner or operator of a business of any kind at a specific location that sells cigarettes, tobacco products, or nicotine products to a user or consumer.
(11)
"School" has the meaning set forth in section
44-3-103(50)
.
(12)
"State license" means a license issued by the division in accordance with section
44-7-104.5
.
(13)
(a)
"Wholesaler" means a person engaged in the wholesale distribution of cigarettes, tobacco products, or nicotine products in this state.
(b)
"Wholesaler" includes a "wholesaler" and "wholesale subcontractor" as those terms are defined in section
39-28-101
.
Amended by 2020 Ch. 302,§6, eff. 7/14/2020.
Renumbered from C.R.S. § 24-35-502 and amended by 2018 Ch. 34,§2, eff. 10/1/2018.
Amended by 2014 Ch. 113,§3, eff. 4/11/2014.
L. 2018: Entire article added with relocations, (SB 18-036), ch. 34, p. 373, § 2, effective October 1.
This section is similar to former § 24-35-502 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 7 - REGULATION OF TOBACCO SALES (§§ 44-7-101 — 44-7-107) › Section 44-7-105.5 - [Effective 8/7/2024] Tobacco festivals - rules

(1)
The executive director shall promulgate rules that create an off-site event permit in order to authorize a state license holder to host an age-restricted tobacco festival hosted by the state license holder.
(2)
The rules required pursuant to subsection (1) of this section must:
(a)
Authorize off-site tobacco festivals for permit holders;
(b)
Establish procedures to authorize a state license holder to apply for and be issued an off-site event permit for a tobacco festival;
(c)
Require a state license holder to notify the division of the time and place of the tobacco festival and any other information required by rule at least thirty days before the festival;
(d)
Require the state license holder to have any local permit required by the local authority;
(e)
Require the tobacco festival to comply with part 2 of article 14 of title 25;
(f)
Prohibit an individual who is under twenty-one years of age from taking part in the tobacco festival;
(g)
Require the state license holder to be located at a specific location in the state; and
(h)
Limit the number of permits issued per year to:
(I)
Five for retailers with more than ten retail locations; and
(II)
Five for retailers with ten or fewer retail locations.
(3)
The executive director may establish by rule an application fee for the permit. The application fee must be set at an amount that offsets the direct and indirect cost of implementing this section, including issuing the permit and enforcement resulting from the permit.
(4)
This section takes effect January 1, 2025.
Added by 2024 Ch. 369,§ 5, eff. 8/7/2024.
2024 Ch. 369, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 7 - REGULATION OF TOBACCO SALES (§§ 44-7-101 — 44-7-107) › Section 44-7-107 - Cigarette, tobacco product, and nicotine product use by minors prevention fund - grants

(1)
There is hereby created in the state treasury the cigarette, tobacco product, and nicotine product use by minors prevention fund, referred to in this section as the "fund". Money in the fund is subject to annual appropriation by the general assembly. Any interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and does not revert or transfer to the general fund or any other fund of the state.
(2)
Subject to annual appropriations by the general assembly, the department of human services may make grants from the fund to programs designed to develop training materials for retailers related to the prohibition of the sale of cigarettes, tobacco products, or nicotine products to minors or to programs designed to prevent the use of cigarettes, tobacco products, or nicotine products by minors.
Renumbered from C.R.S. § 24-35-507 and amended by 2018 Ch. 34,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 113,§ 8, eff. 4/11/2014.
L. 2018: Entire article added with relocations, (SB 18-036), ch. 34, p. 377, § 2, effective October 1.
This section is similar to former § 24-35-507 as it existed prior to 2018.
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 1 - COLORADO MARIJUANA CODE (§§ 44-10-101 — 44-10-106) › Section 44-10-101 - Short title

The short title of this article 10 is the "Colorado Marijuana Code".
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2824, p. 2824, § 5, effective 1/1/2020.
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 1 - COLORADO MARIJUANA CODE (§§ 44-10-101 — 44-10-106) › Section 44-10-102 - Legislative declaration

(1)
The general assembly hereby declares that this article 10 is deemed an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state.
(2)
The general assembly further declares that it is unlawful under state law to cultivate, manufacture, distribute, sell, or test medical marijuana and medical marijuana products, except in compliance with the terms, conditions, limitations, and restrictions in section 14 of article XVIII of the state constitution and this article 10 or when acting as a primary caregiver in compliance with the terms, conditions, limitations, and restrictions of section
25-1.5-106
.
(3)
The general assembly further declares that it is unlawful under state law to cultivate, manufacture, distribute, or sell retail marijuana and retail marijuana products, except in compliance with the terms, conditions, limitations, and restrictions in section 16 of article XVIII of the state constitution and this article 10.
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2824, p. 2824, § 5, effective 1/1/2020.
This is similar to former §§ 44-11-102 and 44-12-102 as they existed prior to 2020.
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 1 - COLORADO MARIJUANA CODE (§§ 44-10-101 — 44-10-106) › Section 44-10-105 - Marijuana employee designation

An employee of a licensee is not an agricultural worker unless the employee is a laborer at a farm, plantation, ranch, nursery, range, greenhouse, orchard, or other structure used for the raising of agricultural or horticultural commodities, as long as the structure is utilized for at least fifty percent of the total output produced.
Amended by 2021 Ch. 337, § 13, eff. 6/25/2021.
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2839, p. 2839, § 5, effective 1/1/2020. L. 2021: Entire section amended, (SB 21-087), ch. 2186, p. 2186, § 13, effective June 25.
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 1 - COLORADO MARIJUANA CODE (§§ 44-10-101 — 44-10-106) › Section 44-10-106 - Marijuana employee labor rights

If the national labor relations board or a court rules that marijuana or marijuana-related businesses are not covered by the federal "National Labor Relations Act",
29 U.S.C. sec. 151
et seq., then a marijuana business or marijuana-related business and its employees doing business in Colorado are covered by the "Labor Peace Act", part 1 of article
3
of title
8
, to the same extent that a business would be covered by the federal "National Labor Relations Act",
29 U.S.C. sec. 151
et seq., absent such a ruling.
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2839, p. 2839, § 5, effective 1/1/2020.
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-201 - State licensing authority - creation

(1)
(a)
For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana in this state, there is hereby created the state licensing authority, which is the executive director or the deputy director of the department if the executive director so designates.
(b)
The state licensing authority also has regulatory authority for retail marijuana and retail marijuana products as permitted in section 16 of article XVIII of the state constitution and this article 10.
(2)
The executive director is the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, such officers and employees as may be determined to be necessary, which officers and employees are part of the department.
(3)
A state licensing authority employee with regulatory oversight responsibilities for marijuana businesses licensed by the state licensing authority shall not work for, represent, or provide consulting services to or otherwise derive pecuniary gain from a medical or retail marijuana business licensed by the state licensing authority or other business entity established for the primary purpose of providing services to the marijuana industry for a period of six months following his or her last day of employment with the state licensing authority.
(4)
Any person who discloses confidential records or information in violation of the provisions of this article 10 commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
. Any criminal prosecution pursuant to the provisions of this section must be brought within five years from the date the violation occurred.
Amended by 2021 Ch. 462, § 785, eff. 3/1/2022.
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2840, p. 2840, § 5, effective 1/1/2020. L. 2021: (4) amended, (SB 21-271), ch. 3327, p. 3327, § 785, effective 3/1/2022.
(1) This section is similar to former §§ 44-11-201 and 44-12-201 as they existed prior to 2020.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-204 - Confidentiality

(1)
The state licensing authority shall maintain the confidentiality of:
(a)
Reports or other information obtained from a medical marijuana or retail marijuana licensee or a medical marijuana or retail marijuana license applicant containing any individualized data, information, or records related to the applicant or licensee or its operation, including sales information, leases, business organization records, financial records, tax returns, credit reports, cultivation information, testing results, and security information and plans, or revealing any customer information, or any other records that are exempt from public inspection pursuant to state law. Such reports or other information may be used only for a purpose authorized by this article 10, for investigation or enforcement of any international, federal, state, or local securities law or regulations, or for any other state or local law enforcement purpose. Any information released related to patients may be used only for a purpose authorized by this article 10, to verify that a person who presented a registry identification card issued pursuant to section
25-1.5-106 (9)
to a state or local law enforcement official is lawfully in possession of such card, as a part of an active investigation, as a part of a proceeding authorized by this article 10 or article
1.5
of title
25
, or for any state or local law enforcement purpose involving evidence of sales transactions in violation of this article 10 or evidence of criminal activity. The information or records related to a patient constitute medical data as described by section
24-72-204 (3)(a)(I)
, and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding. Any customer information may be used only for a purpose authorized by this article 10.
(b)
Investigative records and documents related to ongoing investigations. Those records and documents may be used only for a purpose authorized by this article 10 or for any other state or local law enforcement purpose.
(c)
Computer systems maintained by the state licensing authority and the vendors with which the state licensing authority has contracted.
(2)
The state licensing authority shall make available for public inspection:
(a)
Documents related to final agency actions and orders;
(b)
Records related to testing on an aggregated and de-identified basis;
(c)
Demographic information related to applicants and licensees available on an aggregated and de-identified basis; and
(d)
Enforcement forms and compliance checklists.
Added by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2856, p. 2856, § 5, effective 1/1/2020.
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-205 - [Repealed]

Repealed by subsection (2), eff. 7/1/2022.
Added by 2021 Ch. 306, § 6, eff. 6/23/2021.
L. 2021: Entire section added, (HB 21-1216), ch. 1834, p. 1834, § 6, effective June 23.
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-206 - [Repealed]

Added by 2022 Ch. 278, § 2, eff. 5/31/2022.
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-207 - Authority to seize and destroy marijuana - public health, safety, and welfare

(1)
(a)
The state licensing authority or the state licensing authority's designee may issue an administrative hold on the movement of medical or retail marijuana to prevent the destruction of evidence, diversion, or other threat to public safety pending an investigation of an alleged violation of this article 10 or rules promulgated pursuant to this article 10.
(b)
An administrative hold issued pursuant to subsection (1)(a) of this section may be lifted by order of the state licensing authority or the state licensing authority's designee, by agreement between the state licensing authority and the licensee subject to the hold, or in accordance with rules that the state licensing authority promulgates pursuant to section
44-10-203 (2)(h)
.
(2)
(a)
The state licensing authority or the state licensing authority's designee may embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action.
(b)
(I)
The state licensing authority may order the destruction of medical or retail marijuana subject to an embargo after notice and opportunity for a hearing before the state licensing authority or, if delegated by the state licensing authority, a department hearing officer. A hearing held pursuant to this subsection (2)(b) must be held in accordance with section
24-4-105
.
(II)
If medical or retail marijuana is ordered destroyed pursuant to this subsection (2)(b), the licensee is responsible for completing the destruction in coordination with the state licensing authority and in accordance with this article 10 and rules promulgated pursuant to this article 10.
(III)
The licensee is responsible for all expenses related to the embargo and destruction of medical or retail marijuana ordered pursuant to this subsection (2)(b).
(3)
The state licensing authority may seek the assistance of the department of public health and environment in connection with an embargo or a hearing seeking destruction of medical or retail marijuana.
Added by 2023 Ch. 32, § 1, eff. 8/7/2023.
2023 Ch. 32, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 2 - STATE LICENSING AUTHORITY (§§ 44-10-201 — 44-10-209) › Section 44-10-208 - Feasibility report - standing committee - report - definition - repeal

(1)
(a)
On or before July 1, 2024, the executive director shall submit to the general assembly a report analyzing the feasibility of establishing a standing committee to evaluate cannabinoids and cannabis-derived products for the purpose of determining and making recommendations regarding their safety profiles and potential for intoxication. The report must consider and recommend legislative action addressing the following subjects:
(I)
The appropriate state agency or agencies to be involved in, and their role in, the evaluation process;
(II)
The ability of a standing committee to determine safety profiles of cannabinoids and cannabis-derived products, including the process by which a standing committee would make such a determination;
(III)
The ability of a standing committee to determine the potential for intoxication of cannabinoids and cannabis-derived products, including the process by which a standing committee would make such a determination;
(IV)
Recommendations as to members of a standing committee and a process to make appointments of members to a standing committee;
(V)
Recommendations regarding an operable timeline for implementation of a standing committee; and
(VI)
The fiscal effects of and the resources needed to implement and administer a standing committee.
(b)
To inform the feasibility report described in subsection (1)(a) of this section, the department may engage experts, including:
(I)
The chief medical officer appointed pursuant to section
25-1-105
or the designee of the chief medical officer;
(II)
The state toxicologist or the designee of the state toxicologist;
(III)
An epidemiologist with expertise in designing and conducting observational studies or clinical trials;
(IV)
A clinician familiar with dosage forms and routes of administration of relevant products;
(V)
A medical toxicologist; and
(VI)
A pharmacologist with expertise in drug development.
(2)
As used in this section, "state toxicologist" means the director of the toxicology and environmental epidemiology office, or a successor office, in the department of public health and environment.
(3)
This section is repealed, effective July 1, 2025.
Added by 2023 Ch. 444,§ 4, eff. 6/7/2023.
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 3 - LICENSING PROCEDURES (§§ 44-10-301 — 44-10-316) › Section 44-10-302 - Local license fees - medical marijuana

(1)
Each application for a local license for a medical marijuana business provided for in section
44-10-301 (1)
filed with a local licensing authority must be accompanied by an application fee in an amount determined by the local licensing authority.
(2)
License fees as determined by the local licensing authority must be paid to the treasurer of the municipality, city and county, or county where the licensed premises is located in advance of the approval, denial, or renewal of the license.
Renumbered from C.R.S. § 44-11-503 and amended by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2859, p. 2859, § 5, effective 1/1/2020.
This section is similar to former § 44-1-503 as it existed prior to 2020.
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 3 - LICENSING PROCEDURES (§§ 44-10-301 — 44-10-316) › Section 44-10-306 - Denial of application

(1)
The state licensing authority shall deny a state license if the premises on which the applicant proposes to conduct its business does not meet the requirements of this article 10 or for reasons set forth in section
44-10-103 (17)(c)
or
44-10-305
, and the state licensing authority may refuse or deny a license, renewal, reinstatement, or initial license for good cause as defined by section
44-10-103 (17)(a) or (17)(b)
.
(2)
If the state licensing authority denies a state license pursuant to subsection (1) of this section, the applicant is entitled to a hearing pursuant to section
24-4-104 (9)
and judicial review pursuant to section
24-4-106
. The state licensing authority shall provide written notice of the grounds for denial of the state license to the applicant and to the local licensing authority at least fifteen days prior to the hearing.
Renumbered from C.R.S. § 44-11-305 and amended by 2019 Ch. 315, § 5, eff. 1/1/2020.
L. 2019: Entire article added with relocations, (SB 19-224), ch. 2862, p. 2862, § 5, effective 1/1/2020.
This section is similar to former §§ 44-11-305 and 44-12-304 as it existed prior to 2020.