Regulated marijuana - reorganization - sunset - appropriation. The act makes changes to the retail and medical marijuana codes and continues those codes until 2028 with a sunset review prior to 2028. The act defines the terms, "advertising", "branding", and "consumer education materials". The act requires industrial hemp that is used in medical marijuana-infused products or retail marijuana products to be tested prior to manufacturing the product. The act allows retail marijuana stores to sell industrial hemp consumables. The act creates limits on the amount of medical marijuana flower, medical marijuana concentrate, and medical marijuana products that a medical marijuana store can sell to an individual in one day. For flower, the limit is 2 ounces; for concentrate, the limit is 20 grams; and for products, the limit is 20,000 milligrams. The act allows a physician to provide an exemption to the limits. Under current law, there is an exception to the "Colorado Food and Drug Act" for medical marijuana but not one for retail marijuana. The act repeals the exception for medical marijuana. The act streamlines the statutes related to license renewal by: Eliminating statutory timelines for local licensing and allowing local ordinance to determine the application timelines; Allowing a licensee that has submitted a timely renewal application to operate until the application is acted upon; and Repealing statutes related to the order in which state and local licenses must be processed. Under current law, there are 2 separate licenses related to research: A research and development license and the research and development cultivation license. The act merges the 2 licenses into one. The act gives the state licensing authorities the ability to seek injunctive relief and investigatory subpoenas from district courts related to nonlicensed entities. Under current law, there is a broad grant of confidentiality to records and information related to licensees. The act provides similar protections to applicants, patients, and customers. The act also makes the following information that was confidential available to the public: Final agency actions, testing records on an aggregated and de-identified basis, applicant and licensee demographic information on an aggregated and de-identified basis, and enforcement forms and compliance checklists. In both the medical marijuana code and the retail marijuana code, there are unlawful acts sections that create criminal violations, but the provisions in the 2 codes are not the same. The act makes the unlawful acts consistent. The act makes it an unlawful act to engage in a regulated marijuana business without the proper license and to adulterate or alter samples of marijuana or marijuana products to circumvent testing requirements. Under current law, a person is prohibited from being licensed if the person discharged a sentence for a felony within 5 years of applying for licensure or discharged a drug felony conviction within 10 years of applying for licensure. The act changes the law so a person is prohibited from licensure if the person was convicted of a felony within 3 years of applying for licensure or is currently serving a sentence for a felony or a deferred judgment or sentence. The act creates the following new categories of ownership: Controlling beneficial owner, passive beneficial owner, and indirect financial interest holder. Under current law, a patient who has submitted an application to be on the registry but has not received a patient card must present a copy of the application and a certified mail return receipt when purchasing medical marijuana at a center. The act repeals the requirement for a certified mail return receipt and requires proof of application. The act directs the state licensing authorities to track information on license disqualifications based on criminal history. Under current law, all medical marijuana sold at a medical marijuana center must be labeled with a list of chemical additives. Under current law, a medical marijuana-infused products manufacturer may only use medical marijuana from 5 different sources to produce a medical marijuana product. The act repeals these requirements. The act requires the state licensing authority to adopt rules that prevent redundant testing of medical marijuana concentrate for residual solvent when all of the inputs of the concentrate have passed the residual solvent testing. The act creates 2 new retail marijuana license types: Accelerator cultivators and accelerator manufacturers. The accelerator licenses allow a cultivator and manufacturer to operate respectively on the premises of a licensed retail marijuana cultivation facility or retail marijuana products manufacturer. The accelerator licensee can receive technical, compliance, and capital assistance from the host-licensed retail marijuana business. A licensed business that hosts an accelerator licensee may be eligible for reduced licensing fees. Applications for the licenses may be filed beginning on July 1, 2020. The act clarifies that a marijuana business licensee may hold a gaming license. The act requires that each medical marijuana and retail marijuana store post a warning sign related to the use of marijuana while pregnant or breastfeeding. The act allows a medical marijuana or retail marijuana cultivation facility that has approval to change locations from the state licensing authority to operate one license at 2 different locations while transitioning from the old location to the new location. The act allows marijuana licensees to transfer electronic marijuana waste to a person for the purposes of recycling or reuse. The act allows retail marijuana stores, retail cultivation facilities, and retail marijuana products manufacturers to provide performance-based incentives to employees including sales-based, performance-based incentives to employees. The act prohibits the open and public consumption of marijuana and allows local jurisdictions to make exceptions to the prohibition if the locations are not accessible to the public or a substantial number of the public without restriction. The prohibition does not apply to a licensed business that permits consumption on its premises if the business is operating with the conditions of its license. The act states that marijuana business employees are not agricultural workers unless they are farm laborers. The act also states that, if it is determined that marijuana business are not covered by the national "Labor Relations Act", then employees of marijuana businesses are covered by the Colorado "Labor Peace Act". The act allows regulated marijuana businesses to recycle marijuana consumer waste. The state licensing authority must treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing. Under federal law, there may be negative immigration consequences for a person legally in the United States who works in the regulated marijuana industry. 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. The act allows a medical marijuana or retail marijuana cultivation facility to obtain medical marijuana seeds or immature plants from its own medical marijuana, commonly owned from the retail marijuana of an identical direct beneficial owner, or marijuana that is properly transferred from another medical marijuana business pursuant to the inventory tracking requirements imposed by rule. Regulated marijuana employees can be compensated by performance-based incentives, including sales-based, performance-based incentives. The act makes technical changes and repeals obsolete provisions. The act combines the laws for regulated medical marijuana and retail marijuana, which are currently separate articles in title 44, into one article in title 44. The act incorporates the provisions of HB 19-1090, publicly traded regulated marijuana businesses, and HB 19-1234, regulated marijuana delivery, into the new consolidated article. The act takes effect on January 1, 2020. For the 2019-20 state fiscal year, $396,604 is appropriated from the marijuana cash fund to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act: Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also: Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.(Note: This summary applies to this bill as enacted.) Read More
Charitable organizations - tax exempt sales. Under current law, up to $25,000 of the funds raised by a charitable organization through occasional sales are exempt from state sales tax. The act increases that amount to $45,000; removes the requirement that these sales by charitable organizations take place for no more than 12 days, whether consecutive or not, during any calendar year; and allows these sales to cover the sale of tangible personal property, commodities, or services otherwise subject to tax under the state sales and use tax.(Note: This summary applies to this bill as enacted.) Read More
Regulation of food trucks - study. The act recognizes that food trucks are a fast-growing part of the Colorado economy, and that because food trucks are inherently mobile and operate in multiple locations, the regulation of food trucks at the local level creates unique issues requiring further study. State and regional organizations representing local government may study the regulation of food trucks to identify areas of duplicate or conflicting regulation. The organizations may report to the business affairs and labor committee of the house and the business, labor, and technology committee of the senate on any findings or recommendations, including recommendations for future legislative solutions, by November 1, 2019.(Note: This summary applies to this bill as enacted.) Read More
Colorado state university global campus - national guard tuition assistance. The act adds Colorado state university - global campus to the list of designated institutions of higher education for purposes of tuition assistance for members of the National Guard.(Note: This summary applies to this bill as enacted.) Read More
Employees - sharing gratuities - notice requirements. The act repeals a provision that requires employers with employees who share gratuities to post a specific sign in a conspicuous place and substitutes a requirement to notify each patron in writing, such as on the menu, table, or receipt.(Note: This summary applies to this bill as enacted.) Read More
Assisted living residence - referral agency - disclosures required - documentation - penalties. The act requires an individual or entity who, for a fee, refers a prospective resident to an assisted living residence to disclose any business relationships that the referring party has with the assisted living residence. The individual or entity must also disclose that the assisted living residence pays for the referral. The act requires written or electronic documentation of the disclosure to be provided to and maintained by the assisted living residence. The referring party is subject to a civil penalty for a violation. The attorney general or district attorney in the appropriate county is authorized to bring a civil action to seek a civil penalty or to enjoin the referring party from any further violation. (Note: This summary applies to this bill as enacted.) Read More
Certification of factory-built structures - insignias of approval. The act amends the state director of housing's authority to obtain injunctive relief to be consistent with the removal of the requirement that factory-built structures that are only substantially altered or repaired bear an insignia of approval issued by the division of housing. The act removes the requirement that factory-built structures that are manufactured or sold for transportation to and installation in another state bear an insignia of approval issued by the division of housing and the requirement that factory-built structures that are only substantially altered or repaired in Colorado bear an insignia of approval issued by the division of housing. (Note: This summary applies to this bill as enacted.) Read More
Sales and use tax - sourcing method for development of electronic sales and use tax simplification system. The act requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The act also requires the office and the department to involve stakeholders to develop the scope of work. The act requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that are credited to the general fund. The act specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction. The act specifies that it is the general assembly's intent that 3 local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the act states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within 3 years. (Note: This summary applies to this bill as enacted.) Read More
The bill requires each entity of the state government and each entity of the government of each city, county, and city and county, including special districts, (governmental entity) to broadcast its dispatch radio communications without encryption such that the communications may be monitored by commercially available radio receivers and scanners or online; except that: A governmental entity may encrypt all tactical radio communications or investigative radio communications so long as the encryption is necessary to preserve the tactical integrity of an operation, protect the safety of law enforcement officers or other emergency responders, or prevent the destruction of property; and An investigative unit of a governmental entity engaged in the investigation of criminal conduct or potential criminal conduct may encrypt its radio communications. The bill does not restrict the encryptions of the department of corrections or the division of youth services within the department of human services. (Note: This summary applies to this bill as introduced.) Read More