HB 19-1234 — Regulated Marijuana Delivery

First Regular Session Seventy-second General Assembly STATE OF COLORADO REENGROSSEDENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.

and Singer, Gray, Melton,Melton Buentello, Duran, Herod, Jaquez Lewis, Sirota, Tipper SENATE SPONSORSHIP Gonzales and Marble, Fenberg, Winter House Committees Senate Committees Business Affairs & Labor Finance Appropriations A BILL FOR AN ACT C ONCERNING ALLOWING DELIVERY OF REGULATED MARIJUANA BY REGULATED MARIJUANA SELLERS , AND , IN CONNECTION THEREWITH ,,MAKING MAKING AN APPROPRIATION .

Bill Summary d (Note:

This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 9 E a 0 passes third reading in the house of introduction, a bill summary that S U , applies to the reengrossed version of this bill will be available at O i l H a p http://leg.colorado.gov.) R A r The bill creates marijuana delivery permits for licensed medical marijuana centers and transporters and licensed retail marijuana stores and transporters that allow the centers, stores, and transporters to deliver n medicalmarijuana,medicalmarijuana-infusedproducts,retailmarijuana, di 19 a 0 and retail marijuana products to customers.

The bill gives the state ES eR 2, U d 7 O 2n i1 Shading denotes HOUSE amendment.

H d2 pr Capital letters or bold & italic numbers indicate new material to be added to existing statude.statdte.

(II) NO LATER THAN JANUARY 2, 2021,THE2021THE STATE LICENSING AUTHORITYSHALLSUBMITAREPORTTOTHEFINANCECOMMITTEESOFTHE HOUSE OF REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES , REGARDING THE NUMBER OF MEDICAL MARIJUANA DELIVERY APPLICATIONS SUBMITTED , THE NUMBER OF MEDICAL MARIJUANA DELIVERY PERMITS ISSUED ,ANY FINDINGS BY THE STATE LICENSING AUTHORITY OF CRIMINAL ACTIVITY MATERIALLY RELATED TO MEDICAL MARIJUANA DELIVERY ,AND ANY INCIDENT REPORTS THAT INCLUDE FELONY CHARGES MATERIALLY RELATED TO MEDICAL MARIJUANA DELIVERY ,WHICH WERE FILED AND REPORTED TO THE STATE LICENSING AUTHORITY BY THE LAW ENFORCEMENT AGENCY , DISTRICT ATTORNEY ,OR OTHER AGENCY RESPONSIBLE FOR FILING THE FELONY CHARGES .

InColoradoRevisedStatutes,44-12-402,add(12)In Colorado Revised Statutes, 44-12-402, add (12) as follows:

(II) RECEIVESECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS PURSUANT TO RULES ;AND (III) OSSESSES AN ACCEPTABLE FORM OF IDENTIFICATI.N (e) A NY PERSON DELIVERING RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS MUST POSSESS A VALID OCCUPATIONAL LICENSE ANDBEACURRENTEMPLOYEEOFTHELICENSEDRETAILMARIJUANASTORE OR RETAIL MARIJUANA TRANSPORTER LICENSEE WITH A VALID RETAIL MARIJUANA DELIVERY PERMIT ;

(I) RECEIVEECEIVE AN ORDER THROUGH ELECTRONIC OR OTHER MEANS FOR THE PURCHASE AND DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS .

(IV) D ELIVER NO MORE THAN ONCE PER DAY TO THE SAME INDIVIDUAL OR RESIDENC;RESIDENCE;

(B) FFORPURPOSESOFTHISSECTION OR,PRIVATERESIDENCES PURPOSES"MEANS OFPRIVATEPREMISESWHEREAPERSONLIVES THIS,SUCHASAPRIVATEDWELLING SECTION,PLACE PRIVATEOR RESIDENCES"PLACE MEANSOF PRIVATEHABITATION PREMISES, WHEREAND ASPECIFICALLY PERSONEXCLUDES LIVES,SUCH AS A PRIVATE DWELLINGPLACEORPLACEOFHABITATION ,ANDSPECIFICALLYEXCLUDES ANY PREMISES LOCATED AT A SCHOOL OR ON THE CAMPUS OF AN INSTITUTION OF HIGHER EDUCATIO,OREDUCATION,OR ANY OTHER PUBLIC PROPERTY.

(VI) D ELIVER RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTSONLYBYAMOTORVEHICLETHATCOMPLIESWITHTHISSECTION ANDTHERULESPROMULGATEDPURSUANT TOTHISSECTIONANDSECTION 44-12-202 (3)(a)(XXV)AND (VII) USE AN EMPLOYEE TO CONDUCT DELIVERIEORDELIVERIE,OR CONTRACT WITH A RETAIL MARIJUANA TRANSPORTER THAT HAS A VALID RETAIL MARIJUANA DELIVERY PERMIT TO CONDUCT DELIVERIES ON ITS BEHAL, FROMITSRETAILMARIJUANASTOREORITSASSOCIATEDSTATELICENSING AUTHORITY -AUTHORIZED STORAGE FACILITY AS DEFINED BY RU.ERUL. (g)(I) TTHETIMEOFTHEORDER ,THERETAILMARIJUANASTORE SHALLREQUIRETHEINDIVIDUALTOPROVIDEINFORMATIONNECESSARYTO VERIFY THE INDIVIDUAL IS AT LEAST TWENTONE YEARS OF AGE .

HE(g)(I) PROVIDEDINFORMATIONMUSTT ,ATAMINIMUMTHE ,INCLUDETHEFOLLOWINGTIME :OFTHE ORDE,THE RETAILMARIJUANASTORE SHALLREQUIRETHEINDIVIDUALTOPROVIDEINFORMATIONNECESSARYTO VERIFY THE INDIVIDUAL IS AT LEAST TWENT-ONE YEARS OF AGE.

(A) THE PATIENTSPROVIDEDINFORMATIONMUST NAMEATAMINIMUM AND,INCLUDETHEFOLLOWING DATE: OF BIRT;

(A) THE PATIENTS NAME AND DATE OF BIRTH;

(j) AALOCAL LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST STATE -20- 1234 LICENSINGAUTHORITYREPORTS ,INCLUDINGCOMPLAINTS ,INVESTIGATIVE ACTION ,AND FINAL AGENCY ACTION ORDERS ,RELATED TO CRIMINAL ACTIVITYMATERIALLYRELATEDTORETAILMARIJUANADELIVERYINTHE LAW ENFORCEMENT AGENCY 'S JURISDICTIOAND THE STATE LICENSING AUTHORITY SHALL PROMPTLY PROVIDE ANY REPORTS IN ITS POSSESSION FOR THE LAW ENFORCEMENT AGENCY S JURISDICTIO.

(5)(a)(I)(5)(a)(I)HEREISAUTHORIZEDAMEDICALMARIJUANADELIVERY HEREISAUTHORIZEDAMEDICALMARIJUANADELIVERY PERMIT TO A MEDICAL MARIJUANA TRANSPORTER LICENSE AUTHORIZING THE PERMIT HOLDER TO DELIVER MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS.

(III) MEDICALMARIJUANADELIVERYPERMITISSUEDPURSUANTMEDICALMARIJUANA DELIVERYPERMIT ISSUEDPURSUANT TO THIS SECTION APPLIES TO ONLY ONE MEDICAL MARIJUANA TRANSPORTER ;EXCEPT THAT ,A SINGLE MEDICAL MARIJUANA DELIVERY PERMIT MAY APPLY TO MULTIPLE MEDICAL MARIJUANA TRANSPORTERS -22- 1234 PROVIDED THAT THE MEDICAL MARIJUANA TRANSPORTERS ARE IN THE SAMELOCALJURISDICTIONANDAREIDENTICALLYOWNED ,ASDEFINEDBY THE STATE LICENSING AUTHORITY FOR PURPOSES OF THIS SECT.ON (IV) THE STATE LICENSING AUTHORITY MAY ISSUE A MEDICAL MARIJUANA DELIVERY PERMIT TO A QUALIFIED APPLICANT , AS DETERMINED BY THE STATE LICENSING AUTHORITY , THAT HOLDS A MEDICAL MARIJUANA TRANSPORTER LICENSE ISSUED PURSUANT TO THIS ARTICLE 11.

(II) ECEIVESTHEDELIVERYOFMEDICALMARIJUANAORMEDICAL MARIJUANA -INFUSED PRODUCTS PURSUANT TO RULE;AND (III) OSSESSES AN ACCEPTABLE FORM OF IDENTIFICATI.N (d) NIN ACCORDANCE WITH THIS SUBSECTION (5)AND RULES ADOPTED TO IMPLEMENT THIS SUBSECTION (5),A LICENSED MEDICAL MARIJUANATRANSPORTERWITHAVALIDMEDICALMARIJUANADELIVERY PERMIT MAY :

(II) DELIVERD ELIVER MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS NOT IN EXCESS OF THE AMOUNTS ESTABLISHED BY THE STATE LICENSING AUTHORIT;

(IV) DDELIVERNOMORETHANONCEPERDAYTOTHESAMEPATIENT ELIVER NO MORE THAN ONCE PER DAY TO THE SAME PATIENT OR RESIDENC;RESIDENCE;

(VI) DELIVERD ELIVER MEDICAL MARIJUANA OR MEDICAL MARIJUANA -INFUSED PRODUCTS ONLY BY A MOTOR VEHICLE THAT COMPLIES WITH THIS SECTION AND THE RULES PROMULGATED PURSUANT TO THIS SECTION AND SECTIO44-11-202 (2)(a)(XXX)AND (VII) USE AN EMPLOYEE TO CONDUCT DELIVERIES ON BEHALF ,F AND PURSUANT TO A CONTRACT WITH ,A MEDICAL MARIJUANA CENTER THAT HAS A VALID MEDICAL MARIJUANA DELIVERY PERMIT FROM ITS MEDICAL MARIJUANA CENTER OR ITS ASSOCIATED STATE LICENSING AUTHORITY -AUTHORIZED STORAGE FACILITY AS DEFINED BY RU.E (e) PRIOR TO TRANSFERRING POSSESSION OF THE ORDER TO A PATIENTORAPARENTORGUARDIAN THEPERSONDELIVERINGTHEORDER SHALL INSPECT THE PATIENT'S OR PARENT'S OR GUARDIAN S IDENTIFICATION AND REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 25-1.5-106VERIFY THE POSSESSION OF A VALID REGISTRY IDENTIFICATION CARD ISSUED PURSUANT TO SECTION25-1.5-106,AND VERIFY THAT THE INFORMATION PROVIDED AT THE TIME OF THE ORDER MATCH THE NAME AND AGE ON THE PATIENT S OR PARENT 'S OR GUARDIAN S IDENTIFICATIO.

(i) (I) OTWITHSTANDING ANY PROVISIONS OF THIS SECTION , DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA -INFUSED PRODUCTS IS NOT PERMITTED IN ANY MUNICIPALIT,COUNTY ,OR CITY ANDCOUNTYUNLESSTHEMUNICIPALITY ,COUNTY ,ORCITYANDCOUNTY , -26- 1234 BY EITHER A MAJORITY OF THE REGISTERED ELECTORS OF THE MUNICIPALITYMUNICIPALITY,COUNTY ,COUNTY ,OR CITY AND COUNTY VOTING AT A REGULAR ELECTION OR SPECIAL ELECTION CALLED IN ACCORDANCE WITH THE "C OLORADO M UNICIPALEUNICIPALELECTION LECTIONCCODE ODEOF OF1965",ARTICLE1965",ARTICLE10 10OFOF TITLE 31,31,OR ORTHE THE"U"U NIFORM ELECTION CCODE ODEOF OF1992",1992",ARTICLES ARTICLES11TO TO13 13OFOF TITLE 1,1,AS ASAPPLICABLE APPLICABLE,OR,OR A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD FOR THE MUNICIPALITY ,COUNTY , COUNTYOR ,OR CITY AND COUNTY , VOTE TO ALLOW THE DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA -INFUSED PRODUCTS PURSUANT TO THIS SECTION.SECTIO.

(II) ANN ORDINANCE ADOPTED PURSUANT TO SUBSECTION (5)(i)(I) OF THIS SECTION MAY PROHIBIT DELIVERY OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA -INFUSED PRODUCTS FROM A MEDICAL MARIJUANA CENTER THAT IS OUTSIDE A MUNICIPALIT'S,COUNTYMUNICIPALITS,COUNTY S,CITY'S,OR'S,CITYS,OR CITY AND COUNTY 'S JURISDICTIONAL BOUNDARIES TO AN ADDRESS WITHIN ITS JURISDICTIONAL BOUNDARIES.

(j) TTHE HE STATE LICENSING AUTHORITY SHALL BEGIN ISSUING MEDICAL MARIJUANA DELIVERY PERMITS TO QUALIFIED MEDICAL MARIJUANA TRANSPORTER APPLICANTS ON ,BUT NOT EARLIER THAN , JANUARY 2, 2021.

(c) ALICENSED RETAILMARIJUANATRANSPORTERWITHARETAILRETAIL MARIJUANA TRANSPORTER WITH A RETAIL MARIJUANA DELIVERY PERMIT MAY DELIVER RETAIL MARIJUANA AND RETAILMARIJUANAPRODUCTSONBEHALFOFARETAILMARIJUANASTORE ONLY TO THE INDIVIDUAL WHO PLACED THE ORDER WITH A RETAIL MARIJUANA STORE AND WHO :

(II) RECEIVESECEIVES THE DELIVERY OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS PURSUANT TO RULES ;AND (III) OSSESSES AN ACCEPTABLE FORM OF IDENTIFICATI.N (d) IN ACCORDANCE WITH THIS SUBSECTION (5)AND RULES ADOPTED TO IMPLEMENT THIS SUBSECTION (5),A LICENSED RETAIL MARIJUANA TRANSPORTER WITH A VALID RETAIL MARIJUANA DELIVERY PERMIT MAY :

Responsible vendor program - standards - designation.designation.(2) An approved training program MUSTl contain, at a minimum, the following standards and shallMUST be taught in a classroom setting in a minimum of a two-hour period:

(2) An approved training programMUSTllcontain, at a minimum, the following standards and shallMUST be taught in a classroom setting in a minimum of a two-hour period: