Colorado § 44-10-1202 - Responsible vendor - designation.

§ 44-10-1202. Responsible vendor - designation.

(1) (a) A person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 may receive a responsible vendor designation. A program vendor shall provide a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 a responsible vendor designation after the person, employee, manager, or controlling beneficial owner successfully completes the approved training program. A responsible vendor designation is valid for two years from the date of issuance. In order to maintain a responsible vendor designation, a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 shall successfully complete an approved training program every two years. If an employee or manager with a responsible vendor designation leaves the employment of a licensed medical marijuana business or retail marijuana business and is employed by another licensed medical marijuana business or retail marijuana business, the employee or manager does not have to receive a new responsible vendor designation until the employee's or manager's current responsible vendor designation expires.

(b) Successful completion of an approved training program is achieved when the person or the employee, manager, or controlling beneficial owner licensed pursuant to this article 10 satisfactorily completes the approved training program.

(c) If all controlling beneficial owners with day-to-day operational control of the licensed premises, all management personnel with responsibility for sales or the training of employees who engage in sales or other consumer interactions, and all employee licensees involved in the handling and sale of regulated marijuana of a medical marijuana business or a retail marijuana business licensed pursuant to this article 10 have a valid responsible vendor designation, the business is considered to have a responsible vendor designation. When a licensed medical marijuana business or retail marijuana business is considered to have a responsible vendor designation and it hires a new employee or manager or has a new controlling beneficial owner that meets the requirements of this subsection (1)(c), the new employee, manager, or controlling beneficial owner must have a valid responsible vendor designation or must successfully complete an approved training program within ninety days after being employed or becoming an owner in order for the medical marijuana business or retail marijuana business to maintain its responsible vendor designation. If a new employee, manager, or controlling beneficial owner has a valid responsible vendor designation upon hire or becoming an owner, the licensed medical marijuana business or retail marijuana business shall verify the designation within ninety days after employment begins.

(2) (a) A licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation shall maintain information on all persons licensed pursuant to this article 10 who are in its employment and who have been trained in an approved training program. The information includes the date of the training program and the approved training program provider and a list of all licensed persons attending each specific training class, which class includes a training examination or assessment that demonstrates proficiency.

(b) An employee, manager, or controlling beneficial owner with a valid responsible vendor designation shall maintain information related to the designation, including the date of the training program and the approved training program provider.

(3) If a local or state licensing authority initiates an administrative action against an employee, manager, or controlling beneficial owner who has complied with the requirements of this section and has been designated a responsible vendor or a licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation, the licensing authority shall consider the designation as a mitigating factor when imposing sanctions or penalties on the employee, manager, or controlling beneficial owner or licensed medical marijuana business or retail marijuana business.

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2934, § 5, effective January 1, 2020. L. 2022: Entire section amended, (HB 22-1222), ch. 111, p. 504, § 1, effective January 1, 2023.

Editor's note: This section is similar to former § 44-11-1102 as it existed prior to 2020.

PART 13

SEVERABILITY