§ 44-12-401. Classes of licenses

CO Rev Stat § 44-12-401 (2018) (N/A)
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(1) For the purpose of regulating the cultivation, manufacture, distribution, sale, and testing of retail marijuana and retail marijuana products, the state licensing authority in its discretion, upon receipt of an application in the prescribed form, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article 12:

(a) Retail marijuana store license;

(b) Retail marijuana cultivation facility license;

(c) Retail marijuana products manufacturing license;

(d) Retail marijuana testing facility license;

(e) Occupational licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. Upon receipt of an affirmation under penalty of perjury that the applicant is enrolled in a marijuana-based workforce development or training program operated by an entity licensed under this article 12 or by a school that is authorized by the private occupational school division in Colorado that will require access or employment within a premises licensed pursuant to this article 12 or article 11 of this title 44, the state licensing authority may exempt for up to two years based on the length of the program the residency requirement in section 44-12-309 (5) for a person applying for an occupational license for participation in a marijuana-based workforce development or training program. The state licensing authority may take any action with respect to a registration pursuant to this article 12 as it may with respect to a license pursuant to this article 12, in accordance with the procedures established pursuant to this article 12.

(f) Retail marijuana transporter license; and

(g) Retail marijuana business operator license.

(1.5) (a) Prior to accepting a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person to take possession of, operate, manage, or control a licensed retail marijuana establishment, the proposed appointee shall certify to the court that the proposed appointee is not prohibited from being issued a retail marijuana license pursuant to section 44-12-305 (1). Within the time frame established by rules promulgated by the state licensing authority pursuant to section 44-12-202 (3)(a)(XXII), an appointee shall notify the state and local licensing authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.

(b) Upon notification of an appointment required by subsection (1.5)(a) of this section, the state licensing authority shall issue a temporary appointee registration to the appointee effective as of the date of the appointment. Pursuant to sections 44-12-202 (2)(a), 44-12-601, and 24-4-104, the appointee's temporary appointee registration may be suspended, revoked, or subject to other sanction if the state licensing authority finds the appointee to be unsuitable or if the appointee fails to comply with this article 12 or article 11 of this title 44, the rules promulgated pursuant thereto, or any order of the state licensing authority. If an appointee's temporary appointee registration is suspended or revoked, the appointee shall immediately cease performing all activities for which a license is required by this article 12. For purposes of section 44-12-601 (1), the appointee is deemed an agent of the licensed retail marijuana establishment.

(c) The appointee shall inform the court of any action taken against the temporary appointee registration by the state licensing authority pursuant to section 44-12-601 or 24-4-104 within two business days of any such action.

(d) Unless otherwise permitted by this article 12 and rules promulgated pursuant to this article 12, a person shall not take possession of, operate, manage, or control a retail marijuana establishment on behalf of another except by court appointment and in accordance with this subsection (1.5) and rules promulgated pursuant thereto.

(2) (a) A person may operate a licensed medical marijuana center, an optional cultivation facility, a medical marijuana-infused products manufacturing facility, and any retail marijuana establishment at the same location if the local jurisdiction permits a dual operation.

(b)

(I) Except as provided in subsection (2)(b)(II) of this section, a dual medical marijuana center and retail marijuana store shall maintain separate licensed premises, including entrances and exits, inventory, point of sale operations, and record keeping.

(II) For a dual medical marijuana center and a retail marijuana store that only sells medical marijuana to persons twenty-one years of age or older, the state licensing authority must adopt rules concerning the licensed premises including but not limited to whether to allow single entrances and exits and virtual separation of inventory.

(c) A dual cultivation business operation shall maintain either physical or virtual separation of the two facilities and the plants and inventory of the two facilities.

(3) All persons licensed pursuant to this article 12 shall collect sales tax on all retail sales made at a retail marijuana store.

(4) Notwithstanding any other provision of law to the contrary, a licensed retail cultivation facility or a licensed retail marijuana products manufacturer may compensate its employees using performance-based incentives.