(1) Medical marijuana business licenses. (a) Upon receipt of an application for a local license for a medical marijuana business, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application to be held not less than thirty days after the date of the application. If the local licensing authority schedules a hearing for a medical marijuana business license application, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local licensing authority shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
(b) Public notice given by posting must include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign must contain the names and addresses of the officers, directors, or manager of the facility to be licensed.
(c) Public notice given by publication must contain the same information as that required for signs.
(d) If the building in which medical marijuana is to be cultivated, manufactured, or distributed is in existence at the time of the application, a sign posted as required in subsections (1) and (2) of this section must be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice is conspicuous and plainly visible to the general public.
(2) Medical marijuana application review. (a) When conducting its application review, the state licensing authority may advise the local licensing authority of any items that it finds that could result in the denial of the license application. Upon correction of the noted discrepancies, if the correction is permitted by the state licensing authority, the state licensing authority shall notify the local licensing authority of its conditional approval of the license application amendments. The state licensing authority shall then issue the applicant's state license, which is conditioned upon local authority approval.
(b) All applications submitted for review must be accompanied by all applicable state and local license and application fees. All application fees provided by an applicant must be retained by the state licensing authority, and a local licensing authority may retain the applicant's application fees.
(3) Retail marijuana business licenses. (a) If a local jurisdiction issues local licenses for a retail marijuana business, a local jurisdiction may schedule a public hearing on the application. If the local jurisdiction schedules a hearing, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local jurisdiction shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which a local license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
(b) If a local jurisdiction does not issue local retail marijuana business licenses, the local jurisdiction may give public notice of the state license application by posting a sign in a conspicuous place on the state license applicant's premises for which a state license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2859, � 5, effective January 1, 2020. L. 2023: (2)(b) amended, (SB 23-199), ch. 353, p. 2120, � 2, effective August 7.
Editor's note: This section is similar to former �� 44-11-302 and 44-12-302 as they existed prior to 2020.
44-10-304. Results of investigation - decision of authorities - medical marijuana. (1) Not less than five days prior to the date of the public hearing authorized in section 44-10-303, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause, subject to judicial review.
(2) Before entering a decision approving or denying the application for a local medical marijuana business license, the local licensing authority may consider, except where this article 10 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana stores, medical marijuana cultivation facilities, or medical marijuana products manufacturers located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.
(3) Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision must be in writing and must state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application.
(4) After approval of an application, the local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this article 10, and then only after the state or local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application pursuant to section 44-10-301 (4).
(5) After approval of an application for conditional state licensure, the state licensing authority shall notify the local licensing authority of such approval. After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval, and the state licensing authority shall investigate and either approve or disapprove the application for state licensure.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2860, � 5, effective January 1, 2020.
Editor's note: This section is similar to former � 44-11-303 as it existed prior to 2020.
44-10-305. State licensing authority - application and issuance procedures. (1) Applications for a state medical marijuana business or retail marijuana business license under the provisions of this article 10 must be made to the state licensing authority on forms prepared and furnished by the state licensing authority and must set forth such information as the state licensing authority may require to enable the state licensing authority to determine whether a state medical marijuana business or retail marijuana business license should be granted. The information must include the name and address of the applicant, disclosures required by section 44-10-309, and all other information deemed necessary by the state licensing authority. Each application must be verified by the oath or affirmation of such person or persons as the state licensing authority may prescribe.
(2) (a) The state licensing authority shall issue a state license to a medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a medical marijuana transporter, a medical marijuana business operator, or a marijuana research and development facility pursuant to this section upon satisfactory completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local licensing authority approval. A license applicant is prohibited from operating a licensed medical marijuana business without both state and local licensing authority approval. The denial of an application by the local licensing authority is considered as a basis for the state licensing authority to revoke the state-issued license.
(b) (I) (A) The state licensing authority may issue a state license to an applicant pursuant to this section for a retail marijuana business upon completion of the applicable criminal history background check associated with the application, and the state license is conditioned upon local jurisdiction approval.
(B) A license applicant is prohibited from operating a licensed retail marijuana business without state and local jurisdiction approval. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued license.
(C) If the applicant does not receive local jurisdiction approval within one year from the date of state licensing authority approval, the state license expires. The state licensing authority may renew a license that has not yet received local jurisdiction approval prior to the expiration of that license if an applicant submits a renewal application pursuant to section 44-10-314 and demonstrates to the state licensing authority, in a manner determined by the state licensing authority, why local jurisdiction approval has not yet been obtained or a local license has not yet been issued. The state licensing authority may renew a license for up to one year, and the renewed state license is conditioned upon local jurisdiction approval.
(II) Repealed.
(3) Nothing in this article 10 preempts or otherwise impairs the power of a local government to enact ordinances or resolutions concerning matters authorized to local governments.
(4) 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.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2861, � 5, effective January 1, 2020; (2)(b) amended, (HB 19-1230), ch. 340, p. 3119, � 15, effective January 1, 2020. L. 2023: (2)(b)(I) amended, (SB 23-199), ch. 353, p. 2121, � 3, effective August 7.
Editor's note: (1) This section is similar to former �� 44-11-304 and 44-12-303 (1) as they existed prior to 2020.
(2) Subsection (2)(b)(II)(B) provided for the repeal of subsection (2)(b)(II), effective July 1, 2021. (See L. 2019, p. 3119.)