C.R.S. Section 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)

Intentionally left blank —Ed.

(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: Section 44-10-305 — State licensing authority - application and issuance procedures, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑10‑101
Short title
44‑10‑102
Legislative declaration
44‑10‑103
Definitions - rules
44‑10‑104
Applicability - medical marijuana - retail marijuana
44‑10‑105
Marijuana employee designation
44‑10‑106
Marijuana employee labor rights
44‑10‑201
State licensing authority - creation
44‑10‑202
Powers and duties of state licensing authority - stakeholder work group - rules - report - legislative declaration
44‑10‑203
State licensing authority - rules
44‑10‑204
Confidentiality
44‑10‑207
Authority to seize and destroy marijuana - public health, safety, and welfare
44‑10‑208
Feasibility report - standing committee - report - definition - repeal
44‑10‑209
Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules
44‑10‑301
Local licensing authority - applications - licenses
44‑10‑302
Local license fees - medical marijuana
44‑10‑303
Public hearing notice - posting and publication
44‑10‑304
Results of investigation - decision of authorities - medical marijuana
44‑10‑305
State licensing authority - application and issuance procedures
44‑10‑306
Denial of application
44‑10‑307
Persons prohibited as licensees - definition
44‑10‑308
Business and owner requirements - legislative declaration - definition
44‑10‑309
Business owner and financial interest disclosure requirements
44‑10‑310
Business owner and financial interest suitability requirements
44‑10‑311
Restrictions for applications for new licenses
44‑10‑312
Transfer of ownership
44‑10‑313
Licensing in general - rules
44‑10‑314
License renewal
44‑10‑315
Inactive licenses
44‑10‑316
Unlawful financial assistance
44‑10‑401
Classes of licenses
44‑10‑501
Medical marijuana store license
44‑10‑502
Medical marijuana cultivation facility license - rules - definitions
44‑10‑503
Medical marijuana products manufacturer license - rules - definition
44‑10‑504
Medical marijuana testing facility license - rules
44‑10‑505
Medical marijuana transporter license - definition
44‑10‑506
Medical marijuana business operator license
44‑10‑507
Marijuana research and development license
44‑10‑601
Retail marijuana store license - rules - definitions
44‑10‑602
Retail marijuana cultivation facility license - rules - definitions
44‑10‑603
Retail marijuana products manufacturer license - rules - definition
44‑10‑604
Retail marijuana testing facility license - rules
44‑10‑605
Retail marijuana transporter license - definition
44‑10‑606
Retail marijuana business operator license
44‑10‑607
Retail marijuana accelerator cultivator license
44‑10‑608
Retail marijuana accelerator manufacturer license
44‑10‑609
Marijuana hospitality business license
44‑10‑610
Retail marijuana hospitality and sales business license
44‑10‑611
Retail marijuana accelerator store license
44‑10‑701
Unlawful acts - exceptions
44‑10‑702
Unlawful open and public consumption
44‑10‑801
Marijuana cash fund - transfer - repeal
44‑10‑802
Fees - allocation
44‑10‑803
Fees
44‑10‑901
Suspension - revocation - fines
44‑10‑902
Disposition of unauthorized marijuana or marijuana products and related materials - rules
44‑10‑1001
Inspection procedures
44‑10‑1101
Judicial review
44‑10‑1201
Responsible vendor program - standards - designation
44‑10‑1202
Responsible vendor - designation
44‑10‑1301
Severability
44‑10‑1401
Sunset review - repeal of article
Green check means up to date. Up to date

Current through Fall 2024

§ 44-10-305’s source at colorado​.gov