Amendment 64 - Use and Regulation of Marijuana

Amendment 64
Use and Regulation of Marijuana

Ballot Title: Shall there be an amendment to the Colorado constitution

concerning marijuana, and, in connection therewith, providing for the regulation of marijuana; permitting a person twenty-one years of age or older to consume or possess limited amounts of marijuana; providing for the licensing of cultivation

facilities, product manufacturing facilities, testing facilities, and retail stores;

permitting local governments to regulate or prohibit such facilities; requiring the

general assembly to enact an excise tax to be levied upon wholesale sales of

marijuana; requiring that the first $40 million in revenue raised annually by such

tax be credited to the public school capital construction assistance fund; and

requiring the general assembly to enact legislation governing the cultivation,

processing, and sale of industrial hemp?

Text of Measure:

Be it Enacted by the People of the State of Colorado:

Article XVIII of the constitution of the state of Colorado is amended BY THE

ADDITION OF A NEW SECTION to read:

Section 16. Personal use and regulation of marijuana

(1) Purpose and findings.

(a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT

RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL

FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE

USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE

OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.

(b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR

CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE

THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO

THAT:

(I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING

MARIJUANA;

(II) SELLING, DISTRIBUTING, OR TRANSFERRING MARIJUANA TO MINORS

AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REMAIN

ILLEGAL;

(III) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN

ILLEGAL;

(IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL

ACTORS, WILL CONDUCT SALES OF MARIJUANA; AND

(V) MARIJUANA SOLD IN THIS STATE WILL BE LABELED AND SUBJECT TO

ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND

PROTECTED.

(c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE

TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF

COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE

REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9

TETRAHYDROCANNABINOL (THC) CONCENTRATIONS.

(d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE

THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE

APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE,

THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIED HEREIN,

MATTERS OF STATEWIDE CONCERN.

(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE

REQUIRES,

(a) "COLORADO MEDICAL MARIJUANA CODE" MEANS ARTICLE 43.3 OF

TITLE 12, COLORADO REVISED STATUTES.

(b) "CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER

WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY

PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.

(c) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE OR ITS

SUCCESSOR AGENCY.

(d) "INDUSTRIAL HEMP" MEANS THE PLANT OF THE GENUS CANNABIS AND

ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9

TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE-

TENTHS PERCENT ON A DRY WEIGHT BASIS.

(e) "LOCALITY" MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY.

(f) "MARIJUANA" OR "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF

THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN

EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY COMPOUND,

MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS

SEEDS, OR ITS RESIN, INCLUDING MARIHUANA CONCENTRATE. "MARIJUANA" OR

"MARIHUANA" DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER

PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT,

STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE

WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE

TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT.

(g) "MARIJUANA ACCESSORIES" MEANS ANY EQUIPMENT, PRODUCTS, OR

MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR

USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING,

COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING,

PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING,

STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING,

OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY.

(h) "MARIJUANA CULTIVATION FACILITY" MEANS AN ENTITY LICENSED TO

CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL

MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.

(i) "MARIJUANA ESTABLISHMENT" MEANS A MARIJUANA CULTIVATION

FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT

MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.

(j) "MARIJUANA PRODUCT MANUFACTURING FACILITY" MEANS AN ENTITY

LICENSED TO PURCHASE MARIJUANA; MANUFACTURE, PREPARE, AND PACKAGE

MARIJUANA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO

OTHER MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL

MARIJUANA STORES, BUT NOT TO CONSUMERS.

(k) "MARIJUANA PRODUCTS" MEANS CONCENTRATED MARIJUANA

PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND

OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT

NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.

(l) "MARIJUANA TESTING FACILITY" MEANS AN ENTITY LICENSED TO

ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA.

(m) "MEDICAL MARIJUANA CENTER" MEANS AN ENTITY LICENSED BY A

STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO

SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.

(n) "RETAIL MARIJUANA STORE" MEANS AN ENTITY LICENSED TO

PURCHASE MARIJUANA FROM MARIJUANA CULTIVATION FACILITIES AND

MARIJUANA AND MARIJUANA PRODUCTS FROM MARIJUANA PRODUCT

MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS

TO CONSUMERS.

(o) "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES

NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH

INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT THE

OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED

OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.

(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF

LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE

UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE

A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR

PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:

(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING

MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE

THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING

PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE

PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES

PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY,

AND IS NOT MADE AVAILABLE FOR SALE.

(c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT

REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

(d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS

SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY

OR IN A MANNER THAT ENDANGERS OTHERS.

(e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR

OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS

SUBSECTION.

(4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING ANY

OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL

NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE OR

FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS

OF AGE OR OLDER:

(a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA

ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS

TWENTY-ONE YEARS OF AGE OR OLDER.

(b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR

MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA

CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM

A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR

MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE

ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID

LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER

CAPACITY AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA

STORE.

(c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING,

DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA

TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA TO A MARIJUANA

CULTIVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR

A RETAIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A

MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES

DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VAILD LICENSE TO

OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN HIS OR HER

CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA

CULTIVATION FACILITY.

(d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING,

DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING

FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TO A RETAIL MARIJUANA

STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF

MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF

MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT

MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES

DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO

OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS

OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA

PRODUCT MANUFACTURING FACILITY.

(e) POSSESSING, CULTIVATING, PROCESSING, REPACKAGING, STORING,

TRANSPORTING, DISPLAYING, TRANSFERRING OR DELIVERING MARIJUANA OR

MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID LICENSE

TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER

CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA

TESTING FACILITY.

(f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED,

OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR

ANY OF THE ACTIVITES CONDUCTED LAWFULLY IN ACCORDANCE WITH

PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION.

(5) Regulation of marijuana.

(a) NOT LATER THAN JULY 1, 2013, THE DEPARTMENT SHALL ADOPT

REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJUANA

ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE

THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL

INCLUDE:

(I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND

REVOCATION OF A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH

SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF

THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR

PROVISION;

(II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES,

PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH

THIS UPPER LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT

1 DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES

UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED

UNDER THE COLORADO MEDICAL MARIJUANA CODE TO CULTIVATE OR SELL

MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS

SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE

MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN

APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A

LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT IN ACCORDANCE WITH THE

PROVISIONS OF THIS SECTION;

(III) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND

DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT;

(IV) SECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS;

(V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJUANA

AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE;

(VI) LABELING REQUIREMENTS FOR MARIJUANA AND MARIJUANA

PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT;

(VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR THE

MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA;

(VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA

AND MARIJUANA PRODUCTS; AND

(IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS

MADE PURSUANT TO THIS SECTION.

(b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE

SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA

PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE

APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY

CONSIDERATION WHETHER AN APPLICANT:

(I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR

MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE

COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE

APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND

(II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (I),

COMPLIED CONSISTANTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF

THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS.

(c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED,

NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A

CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WITH PERSONAL

INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE

THE CONSUMER’S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED

TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER

THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION

CONDUCTED AT A RETAIL LIQUOR STORE.

(d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA

CULTIVATION FACILITY TO A MARIJUANA PRODUCT MANUFACTURING FACILITY OR

TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT

PRIOR TO JANUARY 1, 2017 AND AT A RATE TO BE DETERMINED BY THE GENERAL

ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH

PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. PROVIDED, THE FIRST

FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE

TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION

ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF TITLE 22, C.R.S., OR ANY

SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. PROVIDED FURTHER, NO

SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTENDED FOR SALE AT

MEDICAL MARIJUANA CENTERS PURSUANT TO SECTION 14 OF THIS ARTICLE AND

THE COLORADO MEDICAL MARIJUANA CODE.

(e) NOT LATER THAN OCTOBER 1, 2013, EACH LOCALITY SHALL ENACT AN

ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT

IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO

OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE

LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY

THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT

TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE

BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY

PARAGRAPH (g).

(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN

CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED

PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER

OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE

ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY

IN ACCORDANCE WITH PARAGRAPH (h) OR (i), SUCH PROCEDURES TO BE SUBJECT

TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO

ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION; ESTABLISHING

A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR

MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE

DUE IF AN APPLICATION IS SUBMITTED TO A LOCALITY IN ACCORDANCE WITH

PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED

BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING

CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING

THE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY

OPERATE IN SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF

MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING

FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES

THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR

REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO

PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA

PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR

RETAIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT

DURING AN EVEN NUMBERED YEAR.

(g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A

MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE

DEPARTMENT SHALL:

(I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER 1, 2013;

(II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF

THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES

TO OPERATE THE MARIJUANA ESTABLISHMENT;

(III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE

AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT

FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED

PURSUANT TO PARAGRAPH (a) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT

LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND

REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME OF

APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT

ON THE NUMBER OF MARIJUANA ESTABLISHMENTS AND A GREATER NUMBER OF

APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER

INPUT FROM THE LOCALITY AS TO THE LOCALITY’S PREFERENCE OR PREFERENCES

FOR LICENSURE; AND

(IV) UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING

OF THE SPECIFIC REASON FOR ITS DENIAL.

(h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT

WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH

PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON

FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE

DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) AND HAS

ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT ISSUED ANY

LICENSES BY JANUARY 1, 2014, THE APPLICANT MAY RESUBMIT ITS APPLICATION

DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND THE LOCALITY

MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A

LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE

RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND NOTIFIES THE

APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND

REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE

APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT

IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION

IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL

FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE

DEPARTMENT UPON REQUEST BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY

IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT

AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g)

AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR

ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE.

A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON

AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW

APPLICATION SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g).

NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO

AN AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO

ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.

(i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY

PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A

LOCALITY AFTER OCTOBER 1, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL

LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT

SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT

FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE

WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN

EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN

ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED BY A

LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE

AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH

PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO

REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT

LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS

PARAGRAPH ON AN ANNUAL BASIS IF THE DEPARTMENT HAS NOT ADOPTED

REGULATIONS REQUIRED BY PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE

DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE

OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH

(a) BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH

REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g).

(j) NOT LATER THAN JULY 1, 2014, THE GENERAL ASSEMBLY SHALL ENACT

LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF

INDUSTRIAL HEMP.

(6) Employers, driving, minors and control of property.

(a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO

PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER,

DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE

OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE

USE OF MARIJUANA BY EMPLOYEES.

(b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE

INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO

SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF

MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION

PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING

UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.

(c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF

MARIJUANA, WITH OR WITHOUT REMUNERATION, TO A PERSON UNDER THE AGE OF

TWENTY-ONE OR TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE TO

PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARIJUANA.

(d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER,

SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY

WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR

OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY,

TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA

ON OR IN THAT PROPERTY.

(7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION SHALL

BE CONSTRUED:

(a) TO LIMIT ANY PRIVILEGES OR RIGHTS OF A MEDICAL MARIJUANA

PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION 14

OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE;

(b) TO PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA

TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIENT;

(c) TO PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA

OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED

UNDER THE COLORADO MEDICAL MARIJUANA CODE;

(d) TO PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO

SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE TO

OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE; OR

(e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH,

OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM

THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL

MARIJUANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO

MEDICAL MARIJUANA CODE.

(8) Self-executing, severability, conflicting provisions. ALL PROVISIONS OF

THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE,

AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL SUPERSEDE

CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION,

AND OTHER STATE AND LOCAL PROVISIONS.

(9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL

PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL

DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR,

PURSUANT TO SECTION 1(4) OF ARTICLE V.