Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 18-1092 LLS NO. 18-0377.01 Michael Dohr x4347 HOUSE SPONSORSHIP Melton and Singer, Herod, Rosenthal, Coleman, Hooton, Salazar SENATE SPONSORSHIP Neville T., House Committees Senate Committees Finance A BILL FOR AN ACT 101 CONCERNING A PILOT PROGRAM FOR MARIJUANA DELIVERY. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates a pilot program to allow marijuana delivery. The marijuana state licensing authority can enter into a memorandum of understanding with up to 3 municipalities to allow medical and retail marijuana delivery. The state licensing authority can adopt rules regarding marijuana delivery and can issue up to 15 marijuana delivery licenses. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 1 2 3 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-202, add (2)(a)(XXIII) and (4) as follows: 4 12-43.3-202. Powers and duties of state licensing authority - 5 rules - repeal. (2) (a) Rules promulgated pursuant to subsection (1)(b) 6 of this section may include, but need not be limited to, the following 7 subjects: 8 9 10 11 (XXIII) MARIJUANA DELIVERY AS DESCRIBED IN SECTION 12-43.3-409, INCLUDING: (A) QUALIFICATIONS AND ELIGIBILITY REQUIREMENTS FOR APPLYING FOR A MARIJUANA DELIVERY LICENSE; 12 (B) TRAINING REQUIREMENTS FOR PERSONNEL OF A MARIJUANA 13 DELIVERY LICENSEE WHO WILL DELIVER MEDICAL MARIJUANA, MEDICAL 14 MARIJUANA-INFUSED PRODUCTS, RETAIL MARIJUANA, AND RETAIL 15 MARIJUANA PRODUCTS PURSUANT TO SECTION 12-43.3-409; 16 17 18 (C) PROCEDURES FOR PROOF OF MEDICAL MARIJUANA REGISTRY AND AGE IDENTIFICATION AND VERIFICATION; (D) DELIVERY VEHICLE REQUIREMENTS, INCLUDING BUT NOT 19 LIMITED TO REQUIREMENTS FOR LOCATION AND VEHICLE TRACKING, 20 SECURITY, AND SURVEILLANCE; 21 (E) SECURITY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO 22 REQUIREMENTS FOR AREAS WHERE DELIVERY ORDERS ARE PROCESSED, 23 STORED, WEIGHED, PACKAGED, PREPARED, TAGGED, TRANSPORTED, 24 TRANSFERRED, AND DELIVERED, AND OTHER MINIMUM PROCEDURES FOR 25 INTERNAL CONTROL AS DEEMED NECESSARY BY THE STATE LICENSING 26 AUTHORITY TO PROPERLY ADMINISTER AND ENFORCE THE PROVISIONS OF 27 THIS ARTICLE 43.3; -2- HB18-1092 1 (F) RECORD-KEEPING REQUIREMENTS; 2 (G) LIMITS ON THE AMOUNTS OF MEDICAL MARIJUANA, MEDICAL 3 MARIJUANA-INFUSED PRODUCTS, RETAIL MARIJUANA, AND RETAIL 4 MARIJUANA PRODUCTS THAT MAY BE CARRIED IN A DELIVERY VEHICLE; 5 (H) INVENTORY TRACKING SYSTEM REQUIREMENTS, INCLUDING 6 BUT NOT LIMITED TO REQUIREMENTS THAT MEDICAL MARIJUANA, MEDICAL 7 MARIJUANA-INFUSED PRODUCTS, RETAIL MARIJUANA, AND RETAIL 8 MARIJUANA PRODUCTS ARE TRACKED FROM THE POINT THAT THEY ARE 9 TRANSFERRED FROM A MEDICAL MARIJUANA CENTER OR RETAIL 10 MARIJUANA STORE TO THE POINT OF DELIVERY AT A PHYSICAL ADDRESS 11 AND BETWEEN PHYSICAL ADDRESSES AND REQUIREMENTS FOR USE OF AN 12 INVENTORY TRACKING SYSTEM-GENERATED DELIVERY MANIFEST FOR 13 EACH DELIVERY ORDER; 14 (I) PACKAGING REQUIREMENTS FOR DELIVERIES; AND 15 (J) HEALTH AND SAFETY REQUIREMENTS FOR DELIVERY OF 16 MEDICAL MARIJUANA, MEDICAL MARIJUANA-INFUSED PRODUCTS, RETAIL 17 MARIJUANA, AND RETAIL MARIJUANA PRODUCTS. 18 (4) (a) THE STATE LICENSING AUTHORITY SHALL ENTER INTO NO 19 MORE 20 MUNICIPALITIES 21 JURISDICTIONS. 22 MULTIPLE MUNICIPALITIES TO COMPRISE A CONTIGUOUS JURISDICTION IN 23 ORDER TO PERMIT DELIVERY BETWEEN THE MUNICIPALITIES. 24 25 THAN THREE A TO MEMORANDUMS ALLOW OF MARIJUANA UNDERSTANDING DELIVERY IN WITH THOSE MEMORANDUM OF UNDERSTANDING MAY ALLOW (b) THE MUNICIPALITY OR THE STATE LICENSING AUTHORITY CAN TERMINATE THE MEMORANDUM OF UNDERSTANDING FOR GOOD CAUSE. 26 (c) BY MARCH 1, 2020, THE STATE LICENSING AUTHORITY SHALL 27 REPORT TO THE BUSINESS AFFAIRS AND LABOR COMMITTEE OF THE HOUSE -3- HB18-1092 1 OF REPRESENTATIVES AND THE BUSINESS, LABOR, AND TECHNOLOGY 2 COMMITTEE OF THE SENATE, OR ANY SUCCESSOR COMMITTEES, REGARDING 3 MARIJUANA DELIVERY IN THE JURISDICTIONS WITH THE MEMORANDUMS OF 4 UNDERSTANDING. 5 (d) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2020. 6 SECTION 2. In Colorado Revised Statutes, 12-43.3-301, amend 7 (1)(g) and (1)(h); and add (1)(i) as follows: 8 12-43.3-301. Local licensing authority - applications - licenses. 9 (1) A local licensing authority may issue only the following medical 10 marijuana licenses upon payment of the fee and compliance with all local 11 licensing requirements to be determined by the local licensing authority: 12 (g) A marijuana research and development license; and 13 (h) A marijuana research and development cultivation license; 14 AND 15 (i) A MARIJUANA DELIVERY LICENSE. 16 SECTION 3. In Colorado Revised Statutes, 12-43.3-401, amend 17 18 (1)(g) and (1)(h); and add (1)(i) as follows: 12-43.3-401. Classes of licenses. (1) For the purpose of 19 regulating the cultivation, manufacture, distribution, and sale of medical 20 marijuana, the state licensing authority in its discretion, upon application 21 in the prescribed form made to it, may issue and grant to the applicant a 22 license from any of the following classes, subject to the provisions and 23 restrictions provided by this article 43.3: 24 (g) Marijuana research and development license; and 25 (h) Marijuana research and development cultivation license; AND 26 (i) MARIJUANA DELIVERY LICENSE. 27 SECTION 4. In Colorado Revised Statutes, add 12-43.3-409 as -4- HB18-1092 1 2 3 4 follows: 12-43.3-409. Marijuana delivery license - repeal. (1) (a) THERE IS A MARIJUANA DELIVERY LICENSE AUTHORIZING THE LICENSEE: (I) TO DELIVER MEDICAL MARIJUANA AND MEDICAL 5 MARIJUANA-INFUSED PRODUCTS BY THE LICENSEE OR ITS EMPLOYEES TO 6 A REGISTERED MEDICAL MARIJUANA CARDHOLDER EIGHTEEN YEARS OF 7 AGE OR OLDER, OR TO A CARDHOLDER'S PARENT OR GUARDIAN WHO IS 8 TWENTY-ONE YEARS OF AGE OR OLDER, AT A PHYSICAL ADDRESS; AND 9 (II) TO DELIVER RETAIL MARIJUANA AND RETAIL MARIJUANA 10 PRODUCTS BY THE LICENSEE OR ITS EMPLOYEES TO A PERSON WHO IS 11 TWENTY-ONE YEARS OF AGE OR OLDER AT A PHYSICAL ADDRESS. 12 13 (b) A MARIJUANA DELIVERY LICENSE IS VALID FOR ONE YEAR AND MAY BE RENEWED ANNUALLY. 14 (c) THE STATE LICENSING AUTHORITY MAY ISSUE A MARIJUANA 15 DELIVERY LICENSE TO UP TO FIFTEEN QUALIFIED APPLICANTS, AS 16 DETERMINED BY THE STATE LICENSING AUTHORITY, IN JURISDICTIONS 17 AUTHORIZED PURSUANT TO SECTION 18 LICENSING AUTHORITY HAS DISCRETION IN DETERMINING WHETHER AN 19 APPLICANT IS QUALIFIED TO RECEIVE A MARIJUANA DELIVERY LICENSE. A 20 MARIJUANA DELIVERY LICENSE ISSUED BY THE STATE LICENSING 21 AUTHORITY IS DEEMED A REVOCABLE PRIVILEGE. 12-43.3-202 (4). THE STATE 22 (d) (I) THE STATE LICENSING AUTHORITY SHALL ESTABLISH BY 23 RULE AN APPLICATION FEE AND ANNUAL RENEWAL FEE FOR THE 24 MARIJUANA DELIVERY LICENSE. 25 (II) THE AMOUNT OF THE FEE MUST REFLECT THE EXPECTED COSTS 26 OF ADMINISTERING THE MARIJUANA DELIVERY LICENSE AND MAY BE 27 ADJUSTED BY THE STATE LICENSING AUTHORITY TO REFLECT THE -5- HB18-1092 1 2 LICENSE'S ACTUAL DIRECT AND INDIRECT COSTS. (e) (I) A PERSON WITH A MARIJUANA DELIVERY LICENSE MAY 3 DELIVER MEDICAL MARIJUANA AND MEDICAL MARIJUANA-INFUSED 4 PRODUCTS ONLY TO A PERSON WHO PLACED THE ORDER AND WHO: 5 (A) IS A CURRENT REGISTRANT OF THE MEDICAL MARIJUANA 6 PATIENT REGISTRY AND IS EIGHTEEN YEARS OF AGE OR OLDER, OR THE 7 PARENT OR GUARDIAN, WHO IS TWENTY-ONE YEARS OF AGE OR OLDER, OF 8 A MINOR WHO IS A CURRENT REGISTRANT; 9 (B) RECEIVES THE DELIVERY PURSUANT TO RULES; AND 10 (C) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION. 11 (II) ANY PERSON DELIVERING MEDICAL MARIJUANA OR MEDICAL 12 MARIJUANA-INFUSED PRODUCTS MUST POSSESS A VALID OCCUPATIONAL 13 LICENSE AND MUST HAVE UNDERGONE TRAINING REGARDING PROOF OF 14 AGE IDENTIFICATION AND VERIFICATION, INCLUDING ALL FORMS OF 15 IDENTIFICATION THAT ARE DEEMED ACCEPTABLE BY THE STATE LICENSING 16 AUTHORITY, AND ANY OTHER TRAINING REQUIRED BY THE STATE 17 LICENSING AUTHORITY. 18 (f) (I) A PERSON WITH A MARIJUANA DELIVERY LICENSE MAY 19 DELIVER RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS ONLY TO 20 A PERSON WHO PLACED THE ORDER AND WHO: 21 (A) IS TWENTY-ONE YEARS OF AGE OR OLDER; 22 (B) RECEIVES THE DELIVERY PURSUANT TO RULES; AND 23 (C) POSSESSES AN ACCEPTABLE FORM OF IDENTIFICATION. 24 (II) ANY PERSON DELIVERING RETAIL MARIJUANA OR RETAIL 25 MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE 26 AND MUST HAVE UNDERGONE TRAINING REGARDING PROOF OF AGE 27 IDENTIFICATION AND VERIFICATION, -6- INCLUDING ALL FORMS OF HB18-1092 1 IDENTIFICATION THAT ARE DEEMED ACCEPTABLE BY THE STATE LICENSING 2 AUTHORITY, AND ANY OTHER TRAINING REQUIRED BY THE STATE 3 LICENSING AUTHORITY. 4 5 (g) (I) THE STATE LICENSING AUTHORITY SHALL BEGIN ISSUING MARIJUANA DELIVERY LICENSES ON SEPTEMBER 1, 2018. 6 (II) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2020. 7 SECTION 5. Safety clause. The general assembly hereby finds, 8 determines, and declares that this act is necessary for the immediate 9 preservation of the public peace, health, and safety. -7- HB18-1092