Colorado § 44-10-301 - Local licensing authority - applications - licenses.

§ 44-10-301. Local licensing authority - applications - licenses.

(1) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority:

(a) A medical marijuana store license;

(b) A medical marijuana cultivation facility license;

(c) A medical marijuana products manufacturer license;

(d) A medical marijuana testing facility license;

(e) A medical marijuana transporter license;

(f) A medical marijuana business operator license;

(g) A marijuana research and development license; and

(h) A medical marijuana delivery permit.

(2) (a) (I) A local licensing authority shall not issue a local license to a medical marijuana business within a municipality, city and county, or the unincorporated portion of a county unless the governing body of the municipality or city and county has adopted an ordinance, or the governing body of the county has adopted a resolution, containing specific standards for license issuance, or if no such ordinance or resolution is adopted prior to July 1, 2012, then a local licensing authority shall consider the minimum licensing requirements of this part 3 when issuing a license.

(II) In addition to all other standards applicable to the issuance of licenses under this article 10, the local governing body may adopt additional standards for the issuance of medical marijuana store, medical marijuana cultivation facility, or medical marijuana products manufacturer licenses consistent with the intent of this article 10 that may include, but need not be limited to:

(A) Distance restrictions between premises for which local licenses are issued;

(B) Reasonable restrictions on the size of an applicant's licensed premises; and

(C) Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the license.

(b) An application for a license specified in subsection (1) of this section must be filed with the state licensing authority and the appropriate local licensing authority on forms provided by the state licensing authority and must contain such information as the state licensing authority may require and any forms as the local licensing authority may require. Each application must be verified by the oath or affirmation of the persons prescribed by the state licensing authority.

(c) An applicant shall file, at the time of application for a license, plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion, the local or state licensing authority may impose additional requirements necessary for the approval of the application.

(3) Retail marijuana businesses.

(a) When the state licensing authority receives an application for original licensing or renewal of an existing license or permit for any retail marijuana business, the state licensing authority shall provide, within seven days, a copy of the application to the local jurisdiction in which the business is to be located unless the local jurisdiction has prohibited the operation of retail marijuana businesses pursuant to section 16 (5)(f) of article XVIII of the state constitution. The local jurisdiction shall determine whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses. The local jurisdiction shall inform the state licensing authority whether the application complies with local restrictions on time, place, manner, and the number of retail marijuana businesses.

(b) A local jurisdiction may impose a separate local licensing requirement for retail marijuana businesses as a part of its restrictions on time, place, manner, and the number of marijuana businesses. A local jurisdiction may decline to impose any local licensing requirements, but a local jurisdiction shall notify the state licensing authority that it either approves or denies each application forwarded to it.

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2857, § 5, effective January 1, 2020.

Editor's note: This section is similar to former §§ 44-11-301 and 44-12-301 as they existed prior to 2020.

ANNOTATION

Law reviews. For article, "Commercial Leases Involving Cannabis Businesses—A Practical Guide for Landlords and Their Counsel", see 50 Colo. Law. 42 (Mar. 2021). For article, "Colorado's Bold Move to Legalize Psychedelics", see 53 Colo. Law. 32 (July-Aug. 2024).