Colorado § 44-10-305 - State licensing authority - application and issuance procedures.

§ 44-10-305. State licensing authority - application and issuance procedures.

(1) Applications for a state medical marijuana business or retail marijuana business license under the provisions of this article 10 must be made to the state licensing authority on forms prepared and furnished by the state licensing authority and must set forth such information as the state licensing authority may require to enable the state licensing authority to determine whether a state medical marijuana business or retail marijuana business license should be granted. The information must include the name and address of the applicant, disclosures required by section 44-10-309, and all other information deemed necessary by the state licensing authority. Each application must be verified by the oath or affirmation of such person or persons as the state licensing authority may prescribe.

(2) (a) The state licensing authority shall issue a state license to a medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a medical marijuana transporter, a medical marijuana business operator, or a marijuana research and development facility pursuant to this section upon satisfactory completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local licensing authority approval. A license applicant is prohibited from operating a licensed medical marijuana business without both state and local licensing authority approval. The denial of an application by the local licensing authority is considered as a basis for the state licensing authority to revoke the state-issued license.

(b) (I) (A) The state licensing authority may issue a state license to an applicant pursuant to this section for a retail marijuana business upon completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local jurisdiction approval.

(B) A license applicant is prohibited from operating a licensed retail marijuana business without state and local jurisdiction approval. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued license.

(C) If the applicant does not receive local jurisdiction approval within one year from the date of state licensing authority approval, the state license expires. The state licensing authority may renew a license that has not yet received local jurisdiction approval prior to the expiration of that license if an applicant submits a renewal application pursuant to section 44-10-314 and demonstrates to the state licensing authority, in a manner determined by the state licensing authority, why local jurisdiction approval has not yet been obtained or a local license has not yet been issued. The state licensing authority may renew a license for up to one year, and the renewed state license is conditioned upon local jurisdiction approval.

(II) Repealed.

(3) Nothing in this article 10 preempts or otherwise impairs the power of a local government to enact ordinances or resolutions concerning matters authorized to local governments.

(4) Prior to accepting an application for a license, registration, or permit, the state licensing authority shall inform the applicant that having a medical marijuana or retail marijuana license and working in the medical marijuana or retail marijuana industry may have adverse federal immigration consequences.

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2861, § 5, effective January 1, 2020; (2)(b) amended, (HB 19-1230), ch. 340, p. 3119, § 15, effective January 1, 2020. L. 2023: (2)(b)(I) amended, (SB 23-199), ch. 353, p. 2121, § 3, effective August 7.

Editor's note: (1) This section is similar to former §§ 44-11-304 and 44-12-303 (1) as they existed prior to 2020.

(2) Subsection (2)(b)(II)(B) provided for the repeal of subsection (2)(b)(II), effective July 1, 2021. (See L. 2019, p. 3119.)