C.R.S. Section 44-10-312
Transfer of ownership


(1)

A state or local license granted under the provisions of this article 10 is not transferable except as provided in this section, but this section does not prevent a change of location as provided in section 44-10-313 (13).

(2)

For a transfer of ownership involving a controlling beneficial owner, a license holder shall apply to the state and local licensing authorities on forms prepared and furnished by the state licensing authority. In determining whether to permit a transfer of ownership, the state and local licensing authorities shall consider only the requirements of this article 10, any rules promulgated by the state licensing authority, and any other local restrictions. The local licensing authority or local jurisdiction may hold a hearing on the application for transfer of ownership. The local licensing authority or local jurisdiction shall not hold a hearing pursuant to this subsection (2) until the local licensing authority or local jurisdiction has posted a notice of hearing in the manner described in section 44-10-303 (2) on the licensed premises for a period of ten days and has provided notice of the hearing to the applicant at least ten days prior to the hearing. Any transfer of ownership hearing by the state licensing authority must be held in compliance with the requirements specified in section 44-10-303.

(3)

For a transfer of ownership involving a passive beneficial owner, the license holder shall notify the state licensing authority on forms prepared and furnished by the state licensing authority within forty-five days to the extent disclosure is required by section 44-10-309.

(4)

A person that becomes a controlling beneficial owner of a publicly traded corporation that is a medical marijuana business or retail marijuana business or that becomes a beneficial owner, through direct or indirect ownership of a controlling beneficial owner, of ten percent or more of a medical marijuana business or retail marijuana business that is a publicly traded corporation must disclose the information required by section 44-10-309 and apply to the state licensing authority for a finding of suitability or exemption from a finding of suitability pursuant to section 44-10-310 within forty-five days after becoming such a controlling beneficial owner. A medical marijuana business or retail marijuana business shall notify each person that is subject to this subsection (4) of its requirements as soon as the medical marijuana business or retail marijuana business becomes aware of the beneficial ownership triggering the requirement, provided that the obligations of the person subject to this subsection (4) are independent of, and unaffected by, the medical marijuana business’s or retail marijuana business’s failure to give the notice.

Source: Section 44-10-312 — Transfer of ownership, 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

§ 44-10-312’s source at colorado​.gov