(1) (a) A retail marijuana store license may be issued only to a person selling retail marijuana or retail marijuana products pursuant to the terms and conditions of this article 10.
(b) A retail marijuana store may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility.
(c) A retail marijuana store shall not accept any retail marijuana purchased from a retail marijuana cultivation facility unless the retail marijuana store is provided with evidence that any applicable excise tax due, pursuant to article 28.8 of title 39, was paid.
(d) The retail marijuana store shall track all of its retail marijuana and retail marijuana products from the point that they are transferred from a retail marijuana cultivation facility or retail marijuana products manufacturer to the point of sale.
(2) (a) Notwithstanding the provisions of this section, a retail marijuana store licensee may also sell retail marijuana products that are prepackaged and labeled as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(b) A retail marijuana store licensee may transact with a retail marijuana products manufacturer licensee for the purchase of retail marijuana products upon a retail marijuana products manufacturer licensee's licensed premises or a retail marijuana store's licensed premises.
(c) A retail marijuana store may sell retail marijuana and retail marijuana products to a retail marijuana hospitality and sales business licensee.
(3) (a) (I) A retail marijuana store may not sell more than one ounce of retail marijuana or its equivalent in retail marijuana products, including retail marijuana concentrate, except for nonedible, nonpsychoactive retail marijuana products, including ointments, lotions, balms, and other nontransdermal topical products, during a single transaction to a person.
(II) As used in this subsection (3)(a), equivalent in retail marijuana products has the same meaning as established by the state licensing authority by rule pursuant to section 44-10-203 (4).
(b) (I) Prior to initiating a sale, the employee of the retail marijuana store making the sale shall verify that the purchaser has a valid identification card showing the purchaser is twenty-one years of age or older. If a person under twenty-one years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age shall not be grounds for the revocation or suspension of any license issued under this article 10.
(II) (A) If a retail marijuana store licensee or employee has reasonable cause to believe that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or marijuana product, the licensee or employee is authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two hours after the confiscation, remit to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit to a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense.
(B) If a retail marijuana store licensee or employee believes that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or retail marijuana product, the licensee or employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of any unlawful act regarding the purchase of retail marijuana. The questioning of a person by an employee or a peace or police officer does not render the licensee, the employee, or the peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
(c) [Editor's note: This version of subsection (3)(c) is effective until January 5, 2026.]
(I) A retail marijuana store that sells a hemp product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana store shall verify the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana store pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426.
(c) [Editor's note: This version of subsection (3)(c) is effective January 5, 2026.]
(I) A retail marijuana store that sells a hemp product shall ensure that the hemp product has passed all testing required by rules adopted by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana store shall verify the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-427.
(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana store pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-427.
(d) When completing a sale of retail marijuana concentrate, the retail marijuana store shall physically attach to the customer's receipt of sale, product container, or exit packaging the tangible educational resource created by the state licensing authority regarding the use of medical marijuana concentrate.
(4) A retail marijuana store may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana store shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(5) All retail marijuana and retail marijuana products sold at a licensed retail marijuana store shall be packaged and labeled as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(6) A licensed retail marijuana store shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities.
(7) (a) A licensed retail marijuana store may only sell retail marijuana, retail marijuana products, marijuana accessories, nonconsumable products such as apparel, marijuana-related products such as childproof packaging containers, hemp products, and food, including food that is not infused with marijuana or hemp products or extracts, but a licensed retail marijuana store shall not give away or sell cigarettes or alcohol. The licensed retail marijuana store shall not sell food in excess of twenty percent of the store's annual gross revenues.
(b) A licensed retail marijuana store may not sell any retail marijuana or retail marijuana products that contain nicotine or alcohol, if the sale of the alcohol would require a license pursuant to article 3 or 4 of this title 44.
(c) (I) A licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products.
(II) Unless otherwise authorized by this article 10, an individual must be physically present on the retail marijuana store's licensed premises to take possession of the purchased retail marijuana or retail marijuana product.
(III) At the time of an online order, the retail marijuana store shall require the purchasing individual to provide information necessary to verify that the individual is at least twenty-one years of age. At a minimum, the store shall require the individual's name, the individual's date of birth, and any other information required by the state licensing authority by rule. When the individual arrives to pick up the online order, the store shall inspect the individual's identification. The store shall not transfer possession of the order unless the name and date of birth provided at the time of the order matches the name and date of birth on the individual's identification.
(IV) A retail marijuana store shall ensure that an individual purchasing retail marijuana or retail marijuana products online is provided with digital versions of all warnings or educational materials that the retail marijuana store is required to post and provide on its licensed premises, including the warning required pursuant to section 44-10-203 (3)(h), the educational material required in subsection (3)(d) of this section, and any additional relevant warnings or educational materials, as applicable. The individual must acknowledge receipt of the warnings and educational materials before completing the purchase.
(8) The premises of a licensed retail marijuana store is the only place where an automatic dispensing machine that contains retail marijuana or retail marijuana products may be located. If a licensed retail marijuana store uses an automatic dispensing machine that contains retail marijuana and retail marijuana products, it must comply with the regulations promulgated by the state licensing authority for its use.
(9) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana store.
(10) Notwithstanding any other provision of state law, sales of retail marijuana and retail marijuana products are not exempt from state or local sales tax.
(11) A display case containing marijuana concentrate must include the potency of the marijuana concentrate next to the name of the product.
(12) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana store may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(13) (a) (I) There is authorized a retail marijuana delivery permit to a retail marijuana store license authorizing the permit holder to deliver retail marijuana and retail marijuana products.
(II) A retail marijuana delivery permit is valid for two years and may be renewed upon renewal of the retail marijuana store license or retail marijuana transporter license.
(III) A retail marijuana delivery permit issued pursuant to this section applies to only one retail marijuana store; except that a single retail marijuana delivery permit may apply to multiple retail marijuana stores if the retail marijuana stores are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.
(IV) The state licensing authority may issue a retail marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a retail marijuana store license issued pursuant to this article 10. A permit applicant is prohibited from delivering retail marijuana and retail marijuana products without state and local jurisdiction approval. If the applicant does not receive local jurisdiction approval within one year from the date of the state licensing authority approval, the state permit expires and may not be renewed. If an application is denied by the local licensing authority, the state licensing authority shall revoke the state-issued permit. The state licensing authority has discretion in determining whether an applicant is qualified to receive a retail marijuana delivery permit. A retail marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed retail marijuana store or retail marijuana transporter licensee. A violation related to a retail marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or retail marijuana store license.
(b) A retail marijuana store licensee shall not make deliveries of retail marijuana or retail marijuana products to individuals while also transporting retail marijuana or retail marijuana products between licensed premises in the same vehicle.
(c) The licensed retail marijuana store shall charge a one-dollar surcharge on each delivery. The licensed retail marijuana store shall remit the surcharges collected on a monthly basis to the municipality where the licensed retail marijuana store is located, or to the county if the licensed retail marijuana store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Failure to comply with this subsection (13)(c) may result in nonrenewal of the retail marijuana delivery permit.
(d) A licensed retail marijuana store with a retail marijuana delivery permit may deliver retail marijuana and retail marijuana products only to the individual who placed the order and who:
(I) Is twenty-one years of age or older;
(II) Receives the delivery of retail marijuana or retail marijuana products pursuant to rules; and
(III) Possesses an acceptable form of identification.
(e) Any person delivering retail marijuana or retail marijuana products must possess a valid occupational license and be a current employee of the licensed retail marijuana store or retail marijuana transporter licensee with a valid retail marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.
(f) In accordance with this subsection (13) and rules adopted to implement this subsection (13), a licensed retail marijuana store with a valid retail marijuana delivery permit may:
(I) Receive an order through electronic or other means for the purchase and delivery of retail marijuana or retail marijuana products. When using an online platform for marijuana delivery, the platform must require the individual to choose a retail marijuana store before viewing the price.
(II) Deliver retail marijuana or retail marijuana products not in excess of the amounts established by the state licensing authority;
(III) Deliver only to an individual at the address provided in the order;
(IV) Deliver no more than once per day to the same individual or residence;
(V) (A) Deliver only to private residences.
(B) For purposes of this section, private residences means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.
(VI) Deliver retail marijuana or retail marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and
(VII) Use an employee to conduct deliveries, or contract with a retail marijuana transporter that has a valid retail marijuana delivery permit to conduct deliveries on its behalf, from its retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.
(g) (I) At the time of the order, the retail marijuana store shall require the individual to provide information necessary to verify the individual is at least twenty-one years of age. The provided information must, at a minimum, include the following:
(A) The individual's name and date of birth;
(B) The address of the residence where the order will be delivered; and
(C) Any other information required by state licensing authority rule.
(II) Prior to transferring possession of the order to an individual, the person delivering the order shall inspect the individual's identification and verify that the information provided at the time of the order matches the name and age on the individual's identification.
(h) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of retail marijuana and retail marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.
(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to retail marijuana delivery operations pursuant to this subsection (13).
(i) It is not a violation of any provision of state, civil, or criminal law for a licensed retail marijuana store or retail marijuana transporter licensee with a valid retail marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver retail marijuana or retail marijuana products pursuant to a retail marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.
(j) A local law enforcement agency may request state licensing authority reports, including complaints, investigative action, and final agency action orders, related to criminal activity materially related to retail marijuana delivery in the law enforcement agency's jurisdiction, and the state licensing authority shall promptly provide any reports in its possession for the law enforcement agency's jurisdiction.
(k) (I) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the Colorado Municipal Election Code of 1965, article 10 of title 31, or the Uniform Election Code of 1992, articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county, vote to allow the delivery of retail marijuana or retail marijuana products pursuant to this section.
(II) An ordinance adopted pursuant to subsection (13)(k)(I) of this section may prohibit delivery of retail marijuana and retail marijuana products from a retail marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.
(l) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted at any school or on the campus of any institution of higher education.
(m) The state licensing authority shall begin issuing retail marijuana delivery permits to qualified retail marijuana store applicants on, but not earlier than, January 2, 2021.
(14) An accelerator store licensee may operate on the premises of a retail marijuana store licensee if before each accelerator store licensee operates, the retail marijuana store licensee has its premises endorsed pursuant to rule and each accelerator store licensee is approved to operate on that premises.
(15) A retail marijuana store licensee that hosts an accelerator store licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator store licensee operating on its premises. A retail marijuana store licensee that hosts an accelerator store licensee may, pursuant to rule, provide capital assistance to an accelerator store licensee operating on its premises.
(16) A retail marijuana store, pursuant to rule and the state licensing authority discretion, may be eligible for incentives available through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(17) A retail marijuana store or retail marijuana stores shall not sell any more than eight grams of retail marijuana concentrate to a person in a single day.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2903, � 5, effective January 1, 2020 (see editor's note); (2)(c) added, (HB 19-1230), ch. 340, p. 3120, � 17, effective January 1, 2020. L. 2020: (14), (15), and (16) added, (HB 20-1424), ch. 184, p. 846, � 7, effective September 14. L. 2021: (3)(d) and (17) added, (HB 21-1317), ch. 313, p. 1919, � 9, effective January 1, 2022. L. 2023: (7)(c) amended, (HB 23-1279), ch. 292, p. 1760, � 1, effective August 7. L. 2024: (3)(c) and (7)(a) amended, (SB 24-172), ch. 151, p. 612, � 5, effective August 7; (3)(d) amended, (HB 24-1450), ch. 490, p. 3429, � 90, effective August 7; (3)(d), (7)(a), and (13)(a)(II) amended, (SB 24-076), ch. 410, p. 2832, � 9, effective August 7. L. 2025: (3)(c) amended, (HB 25-1209), ch. 398, p. 2250, � 11, effective January 5, 2026.
Editor's note: (1) This section is similar to former � 44-12-402 as it existed prior to 2020.
(2) Section 38 of chapter 315 (SB 19-224), Session Laws of Colorado 2019, provides that the effective date of subsection (3)(c) is July 1, 2020.
(3) Amendments to subsection (3)(d) by HB 24-1450 and SB 24-076 were harmonized.
(4) Amendments to subsection (7)(a) by SB 24-172 were superseded by SB 24-076.
(5) Section 21(1) of chapter 398 (HB 25-1209), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after January 5, 2026.
44-10-602. Retail marijuana cultivation facility license - R-and-D units - centralized distribution permit - genetic material - transfer and change of designation of retail marijuana to medical marijuana - contingency plan - rules - definitions - repeal. (1) A retail marijuana cultivation facility license may be issued only to a person who cultivates retail marijuana for sale and distribution to licensed retail marijuana stores, retail marijuana products manufacturer licensees, retail marijuana hospitality and sales business, or other retail marijuana cultivation facilities.
(2) A retail marijuana cultivation facility shall remit any applicable excise tax due in accordance with article 28.8 of title 39, based on the average wholesale prices set by the state licensing authority.
(3) A retail marijuana cultivation facility shall track the marijuana it cultivates from seed or immature plant to wholesale purchase. Prior to delivery of any sold retail marijuana, the retail marijuana cultivation facility shall provide evidence that it paid any applicable excise tax on the retail marijuana due pursuant to article 28.8 of title 39.
(4) A retail marijuana cultivation facility may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a retail marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana cultivation facility shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the testing results.
(5) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana cultivation facility.
(6) (a) [Editor's note: This version of subsection (6)(a) is effective until January 5, 2026.] A retail marijuana cultivation facility licensee may provide a retail marijuana sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana cultivation facility licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (6)(a).
(6) (a) [Editor's note: This version of subsection (6)(a) is effective January 5, 2026.] A retail marijuana cultivation facility may provide an R-and-D unit to an occupational licensee.
(b) An excise tax shall be levied and collected on the sample of unprocessed retail marijuana by a retail marijuana cultivation facility. The excise tax must be calculated based on the average market rate of the unprocessed retail marijuana.
(c) (I) A sample authorized pursuant to subsection (6)(a) of this section is limited to one gram of retail marijuana per batch as defined in rules promulgated by the state licensing authority, and one-quarter gram of a retail marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of retail marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.
(II) This subsection (6)(c) is repealed, effective January 5, 2026.
(d) [Editor's note: This version of subsection (6)(d) is effective until January 5, 2026.] A sample authorized pursuant to subsection (6)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) [Editor's note: This version of subsection (6)(d) is effective January 5, 2026.] To provide an R-and-D unit, the R-and-D unit must be:
(I) Labeled with the universal symbol indicating that the package contains marijuana, the license number of the facility that produced the R-and-D unit, the batch number, and any required warning statements;
(II) Labeled to indicate that the R-and-D unit must not be sold or resold;
(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
(IV) Packaged in a child-resistant container;
(V) Tracked with the seed-to-sale inventory tracking system; and
(VI) Provided for product development or quality control.
(e) (I) A sample provided pursuant to subsection (6)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana cultivation facility licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(II) This subsection (6)(e) is repealed, effective January 5, 2026.
(f) (I) Prior to a manager receiving a sample pursuant to subsection (6)(a) of this section, a retail marijuana cultivation facility licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(II) This subsection (6)(f) is repealed, effective January 5, 2026.
(g) A manager shall not:
(I) Receive more than one ounce total of retail marijuana or eight grams of retail marijuana concentrate samples per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(III) This subsection (6)(g) is repealed, effective January 5, 2026.
(h) [Editor's note: This version of subsection (6)(h) is effective until January 5, 2026.] A retail marijuana cultivation facility licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(h) [Editor's note: This version of subsection (6)(h) is effective January 5, 2026.] A retail marijuana cultivation facility licensee shall not:
(I) Allow an R-and-D unit to be consumed on the licensed premises;
(II) Use an R-and-D unit as a means of compensation;
(III) Provide R-and-D units in a manner that would violate section 18-18-406;
(IV) Require an employee to accept or consume an R-and-D unit;
(V) Receive compensation for an R-and-D unit; or
(VI) Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.
(i) (I) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana cultivation facility licensee shall maintain the information required by this subsection (6)(i) on the licensed premises for inspection by the state and local licensing authorities.
(II) This subsection (6)(i) is repealed, effective January 5, 2026.
(j) (I) For purposes of this subsection (6) only, manager means an employee of the retail marijuana cultivation facility who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the retail marijuana cultivation facility.
(II) This subsection (6)(j) is repealed, effective January 5, 2026.
(7) (a) The state licensing authority may issue a centralized distribution permit to a retail marijuana cultivation facility authorizing temporary storage on its licensed premises of retail marijuana concentrate and retail marijuana products received from a retail marijuana business for the sole purpose of transfer to the permit holder's commonly owned retail marijuana stores. Prior to exercising the privileges of a centralized distribution permit, a retail marijuana cultivation facility licensed pursuant to this section shall, at the time of application to the state licensing authority, send a copy of the application or supplemental application for a centralized distribution permit to the local jurisdiction in which the centralized distribution permit is proposed. The state licensing authority shall notify the local jurisdiction of its decision regarding the centralized distribution permit.
(b) A retail marijuana cultivation facility shall not store retail marijuana concentrate or retail marijuana products pursuant to a centralized distribution permit for more than ninety days.
(c) A retail marijuana cultivation facility shall not accept any retail marijuana concentrate or retail marijuana products pursuant to a centralized distribution permit unless the retail marijuana concentrate and retail marijuana products are packaged and labeled for sale to a consumer as required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) All retail marijuana concentrate and retail marijuana products stored and prepared for transport on a retail marijuana cultivation facility's licensed premises pursuant to a centralized distribution permit must only be transferred to a retail marijuana cultivation facility licensee's commonly owned retail marijuana stores. All transfers of retail marijuana concentrate and retail marijuana products by a retail marijuana cultivation facility pursuant to a centralized distribution permit are without consideration.
(e) [Editor's note: This version of subsection (7)(e) is effective until January 5, 2026.] All security and surveillance requirements that apply to a retail marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
(e) [Editor's note: This version of subsection (7)(e) is effective January 5, 2026.] All security requirements that apply to a retail marijuana cultivation facility apply to activities conducted pursuant to the privileges of a centralized distribution permit.
(f) A retail marijuana cultivation facility shall track all retail marijuana concentrate and retail marijuana products possessed pursuant to a centralized distribution permit in the seed-to-sale tracking system from the point it is received from a retail marijuana business to the point of transfer to a retail marijuana cultivation facility licensee's commonly owned retail marijuana stores.
(g) For purposes of this section only, commonly owned means licenses that have an ownership structure with at least one natural person with a minimum of five percent ownership in each license.
(8) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana cultivation facility may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(9) An accelerator cultivator licensee may operate on the premises of a retail marijuana cultivation facility licensee if before each accelerator cultivator licensee operates, the retail marijuana cultivation facility licensee has its premises endorsed pursuant to rule and each accelerator cultivator licensee is approved to operate on that premises.
(10) A retail marijuana cultivation facility licensee that hosts an accelerator cultivator licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator cultivator licensee operating on its premises. A retail marijuana products manufacturer licensee that hosts an accelerator cultivator licensee may, pursuant to rule, provide capital assistance to an accelerator cultivator licensee operating on its premises.
(11) A retail marijuana cultivation facility licensee that hosts an accelerator cultivator licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives available through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(12) (a) In accordance with the rules promulgated by the state licensing authority, a retail marijuana cultivation facility may obtain genetic material from:
(I) Another medical or retail marijuana cultivation facility;
(II) A medical or retail marijuana testing facility;
(III) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(IV) Any other source permitted by rule of the state licensing authority.
(b) (I) A retail marijuana cultivation facility may sell, transfer, or ship genetic material to:
(A) Another medical or retail marijuana cultivation facility;
(B) A medical or retail marijuana testing facility;
(C) A person licensed by, approved by, or permitted by another jurisdiction to possess or cultivate plants of the genus cannabis; or
(D) Any other person permitted by rule of the state licensing authority.
(II) Repealed.
(III) For sales, transfers, or shipments to an individual, a retail marijuana cultivation facility shall establish processes and procedures to confirm that the purchasing or receiving individual is twenty-one years of age or older using an age verification process, such as authentication verification, biometric verification, or document verification.
(IV) A licensed retail marijuana cultivation facility may accept payment online for the sale, transfer, or shipment of genetic material.
(V) A licensed retail marijuana cultivation facility shall not transfer genetic material directly to consumers who are present on the licensed premises.
(c) The state licensing authority may promulgate rules to implement this subsection (12) to set requirements for inventory tracking, reporting, and record keeping. In promulgating the rules and conducting enforcement actions under this subsection (12), the state licensing authority may:
(I) Require inventory tracking of genetic material only when the genetic material is:
(A) On the licensed premises of a medical marijuana or retail marijuana business; or
(B) Being transferred between regulated marijuana businesses licensed pursuant to this article 10;
(II) Only confirm the licensee has established processes and procedures to verify compliance with subsection (12)(b)(III) of this section; or
(III) Monitor or take enforcement action associated with a licensee's genetic material activities that occur only on the licensed premises.
(d) This subsection (12) does not limit the applicability of another state's law, the applicability of federal law, or enforcement by federal agencies.
(13) (a) After obtaining passing test results required by subsection (4) of this section, a retail marijuana cultivation facility may transfer retail marijuana to a co-located medical marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the retail marijuana to medical marijuana. Pursuant to section 44-10-502 (9)(a), after the medical marijuana cultivation facility enters the designation change into the seed-to-sale tracking system, the marijuana is medical marijuana and is the property of the medical marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (13)(a) shall not be transferred to the originating retail marijuana cultivation facility or any retail marijuana licensee, have its designation changed from medical marijuana to retail marijuana, or otherwise be treated as retail marijuana.
(b) Both the medical marijuana cultivation facility and retail marijuana cultivation facility must remain at or under their respective regulated inventory limits before and after the designation is conducted pursuant to subsection (13)(a) of this section.
(c) A transfer and change of designation of retail marijuana to medical marijuana pursuant to this subsection (13) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
(13.5) (a) Starting January 1, 2023, after obtaining passing testing results, a retail marijuana cultivation facility may receive a transfer of medical marijuana from a co-located medical marijuana cultivation facility with at least one identical controlling beneficial owner and change the designation of the medical marijuana to retail marijuana. The retail marijuana cultivation facility shall enter the designation change into the seed-to-sale tracking system and, after the change is entered into the system, the marijuana is retail marijuana and is the property of the retail marijuana cultivation facility. The marijuana that changed designation pursuant to this subsection (13.5)(a) must not be transferred to the originating medical marijuana cultivation facility or any medical marijuana licensee, have its designation changed from retail marijuana back to medical marijuana, or otherwise be treated as medical marijuana.
(b) (I) Notwithstanding subsection (13.5)(a) of this section to the contrary, a retail marijuana cultivation facility may receive a transfer of medical marijuana from a medical marijuana cultivation facility that is not co-located with the retail marijuana cultivation facility to change the designation of the medical marijuana to retail marijuana if:
(A) The retail marijuana cultivation facility and medical marijuana cultivation facility have at least one identical controlling beneficial owner; and
(B) The retail marijuana cultivation facility and medical marijuana cultivation facility cannot be co-located because the local jurisdiction prohibits the operation of either a medical marijuana cultivation facility or a retail marijuana cultivation facility.
(II) Prior to receiving a transfer pursuant to this subsection (13.5)(b), the retail marijuana cultivation facility shall ensure that the medical marijuana passed all tests required by the state licensing authority in rule.
(c) Both the retail marijuana cultivation facility and the medical marijuana cultivation facility shall remain at or under their respective regulated inventory limits before and after the transfer is conducted pursuant to this subsection (13.5).
(d) The retail marijuana cultivation facility shall pay any retail marijuana excise tax pursuant to section 39-28.8-302. The retail marijuana cultivation facility shall notify the local licensing authority in the local jurisdiction where the transferor and transferee operate and pay any applicable excise tax on the transferred retail marijuana.
(e) Pursuant to the requirements of this subsection (13.5), a retail marijuana cultivation facility may receive a virtual transfer of marijuana that is reflected in the seed-to-sale tracking system even if the marijuana is not physically moved or transferred.
(14) (a) Beginning January 1, 2022, a retail marijuana cultivation facility licensee that cultivates retail marijuana outdoors may file a contingency plan for its outdoor cultivation operation to address how the licensee will respond when there is an adverse weather event. If the licensee files a contingency plan, the licensee shall also submit a copy of the plan to the local licensing authority in the local jurisdiction where the licensee operates. If the contingency plan is approved by the state licensing authority, the retail marijuana cultivation facility licensee may follow the contingency plan in the case of an adverse weather event.
(b) After the state licensing authority approves a contingency plan, it shall notify the local licensing authority of the approval. The local licensing authority may enforce local land use and zoning laws and regulations regarding the contingency plan and may develop internal regulatory processes to evaluate contingency plans.
(c) On and after January 1, 2023, a local licensing authority may require that an applicant for a retail marijuana cultivation facility license include a contingency plan with the application for the local licensing authority's review and approval.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2909, � 5, effective January 1, 2020; (1) amended, (HB 19-1230), ch. 340, p. 3121, � 18, effective January 1, 2020. L. 2020: (9), (10), and (11) amended, (HB 20-1424), ch. 184, p. 846, � 8, effective September 14. L. 2021: (14) added, (HB 21-1301), ch. 304, p. 1827, � 7, effective September 7; (13) added, (HB 21-1216), ch. 306, p. 1833, � 3, effective July 1, 2022. L. 2022: (13.5) added, (SB 22-178), ch. 247, p. 1830, � 2, effective July 1. L. 2023: (12) amended, (SB 23-271), ch. 444, p. 2616, � 7, effective June 7. L. 2024: IP(12)(a), (12)(a)(II), (12)(a)(III), IP(12)(b)(I), (12)(b)(I)(B), (12)(b)(I)(C), and (12)(b)(I)(D) amended, (12)(b)(II) repealed, and (12)(b)(III), (12)(b)(IV), (12)(b)(V), (12)(c), and (12)(d) added, (SB 24-076), ch. 410, p. 2833, � 10, effective August 7. L. 2025: (6)(a), (6)(d), (6)(h), and (7)(e) amended, (HB 25-1209), ch. 398, p. 2250, � 12, effective January 5, 2026; (6)(c)(II), (6)(e)(II), (6)(f)(II), (6)(g)(III), (6)(i)(II), and (6)(j)(II) added by revision, (HB 25-1209), ch. 398, pp. 2250, 2258, �� 12, 21.
Editor's note: (1) This section is similar to former � 44-12-403 as it existed prior to 2020.
(2) Section 21(1) of chapter 398 (HB 25-1209), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after January 5, 2026.
44-10-603. Retail marijuana products manufacturer license - rules - definition. (1) (a) A retail marijuana products manufacturer license may be issued to a person who manufactures retail marijuana products pursuant to the terms and conditions of this article 10.
(b) A retail marijuana products manufacturer may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license, or it may purchase retail marijuana from a licensed retail marijuana cultivation facility. A retail marijuana products manufacturer shall track all of its retail marijuana from the point it is either transferred from its retail marijuana cultivation facility or the point when it is delivered to the retail marijuana products manufacturer from a licensed retail marijuana cultivation facility to the point of transfer to a licensed retail marijuana store, a licensed retail marijuana products manufacturer, a retail marijuana testing facility, or a licensed retail marijuana cultivation facility with a centralized distribution permit pursuant to section 44-10-602 (7).
(c) A retail marijuana products manufacturer shall not accept any retail marijuana purchased from a retail marijuana cultivation facility unless the retail marijuana products manufacturer is provided with evidence that any applicable excise tax due pursuant to article 28.8 of title 39 was paid.
(d) A retail marijuana products manufacturer shall not:
(I) Add any marijuana to a food product where the manufacturer of the food product holds a trademark to the food product's name; except that a retail marijuana products manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and where the retail marijuana products manufacturer does not state or advertise to the consumer that the final retail marijuana product contains a trademarked food product;
(II) Intentionally or knowingly label or package a retail marijuana product in a manner that would cause a reasonable consumer confusion as to whether the retail marijuana product was a trademarked food product; or
(III) Label or package a product in a manner that violates any federal trademark law or regulation.
(e) A retail marijuana products manufacturer may sell retail marijuana and retail marijuana products to a retail marijuana hospitality and sales business.
(f) A person must be licensed as a retail marijuana products manufacturer, including paying the license and application fees, to manufacture potentially intoxicating cannabinoids or intoxicating cannabinoids from retail marijuana to be used as an ingredient or as finished retail marijuana products in accordance with this article 10.
(2) [Editor's note: This version of the introductory portion to subsection (2) is effective until January 5, 2026.] Retail marijuana products must be prepared on a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products; except that, if permitted by the local jurisdiction and subject to rules of the state licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
(2) [Editor's note: This version of the introductory portion to subsection (2) is effective January 5, 2026.] Retail marijuana products must be prepared on a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products unless permitted by rule adopted by the state licensing authority under section 44-10-203 (1)(m); except that, if permitted by the local jurisdiction and subject to rules of the state licensing authority, a retail marijuana products manufacturer licensee may share the same premises as:
(a) A medical marijuana products manufacturer licensee so long as a virtual or physical separation of inventory is maintained;
(b) A commonly owned marijuana research and development licensee so long as virtual or physical separation of inventory and research activity is maintained; or
(c) An accelerator manufacturer licensee if the retail marijuana products manufacturer has its premises endorsed pursuant to rule before each accelerator manufacturer licensee operates and each accelerator manufacturer licensee is approved to operate on that premises.
(3) All licensed premises on which retail marijuana products are manufactured must meet the sanitary standards for retail marijuana product preparation promulgated pursuant to section 44-10-203 (2)(i).
(4) (a) The retail marijuana product must be sealed and conspicuously labeled in compliance with this article 10 and any rules promulgated pursuant to this article 10. The labeling of retail marijuana products is a matter of statewide concern.
(b) The standard symbol requirements as promulgated pursuant to section 44-10-203 (2)(y) do not apply to a multi-serving liquid retail marijuana product, which is impracticable to mark, if the product complies with all statutory and rule packaging requirements for multi-serving edibles and complies with the following enhanced requirements to reduce the risk of accidental ingestion. A multi-serving liquid must:
(I) Be packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring measurement of each liquid serving in increments equal to or less than ten milligrams of active THC per serving, with no more than one hundred milligrams of active THC total per package; and
(II) The measurement component is within the child-resistant cap or closure of the bottle and is not a separate component.
(5) Retail marijuana or retail marijuana products may not be consumed on the premises of a retail marijuana products manufacturer.
(6) A retail marijuana products manufacturer may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a retail marijuana testing facility license from the state licensing authority for testing and research purposes. A retail marijuana products manufacturer shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.
(7) An edible retail marijuana product may list its ingredients and compatibility with dietary practices.
(8) A licensed retail marijuana products manufacturer shall package and label each product manufactured as required by rules of the state licensing authority pursuant to section 44-10-203 (2)(f) and (3)(b).
(9) All retail marijuana products that require refrigeration to prevent spoilage must be stored and transported in a refrigerated environment.
(10) [Editor's note: This version of subsection (10) is effective until January 5, 2026.]
(a) A retail marijuana products manufacturer licensee may provide a retail marijuana product sample and a retail marijuana concentrate sample to no more than five managers employed by the licensee for purposes of quality control and product development. A retail marijuana products manufacturer licensee may designate no more than five managers per calendar month as recipients of quality control and product development samples authorized pursuant to this subsection (10)(a).
(b) A sample authorized pursuant to subsection (10)(a) of this section is limited to one serving size of an edible retail marijuana product not exceeding ten milligrams of THC and its applicable equivalent serving size of nonedible retail marijuana product per batch as defined in rules promulgated by the state licensing authority and one-quarter gram of retail marijuana concentrate per batch as defined in rules promulgated by the state licensing authority; except that the limit is one-half gram of retail marijuana concentrate if the intended use of the final product is to be used in a device that can be used to deliver retail marijuana concentrate in a vaporized form to the person inhaling from the device.
(c) A sample authorized pursuant to subsection (10)(a) of this section must be labeled and packaged pursuant to the rules promulgated pursuant to section 44-10-203 (2)(f) and (3)(b).
(d) A sample provided pursuant to subsection (10)(a) of this section must be tracked with the seed-to-sale tracking system. Prior to a manager receiving a sample, a manager must be designated in the seed-to-sale tracking system as a recipient of quality control and product development samples. A manager receiving a sample must make a voluntary decision to be tracked in the seed-to-sale tracking system and is not a consumer pursuant to section 16 (5)(c) of article XVIII of the state constitution. The retail marijuana products manufacturer licensee shall maintain documentation of all samples and shall make the documentation available to the state licensing authority.
(e) Prior to a manager receiving a sample pursuant to subsection (10)(a) of this section, a retail marijuana products manufacturer licensee shall provide a standard operating procedure to the manager explaining requirements pursuant to this section and personal possession limits pursuant to section 18-18-406.
(f) A manager shall not:
(I) Receive more than a total of eight grams of retail marijuana concentrate or fourteen individual serving-size edibles or its applicable equivalent in nonedible retail marijuana products per calendar month, regardless of the number of licenses that the manager is associated with; or
(II) Provide to or resell the sample to another licensed employee, a customer, or any other individual.
(g) A retail marijuana products manufacturing licensee shall not:
(I) Allow a manager to consume the sample on the licensed premises; or
(II) Use the sample as a means of compensation to a manager.
(h) The state licensing authority may establish additional inventory tracking and record keeping, including additional reporting required for implementation. The retail marijuana products manufacturer licensee shall maintain the information required by this subsection (10)(h) on the licensed premises for inspection by the state and local licensing authorities.
(i) For purposes of this subsection (10) only, manager means an employee of the retail marijuana products manufacturer who holds a valid key license or associated key license and is currently designated pursuant to state licensing authority rules as the manager of the retail marijuana products manufacturer.
(10) [Editor's note: This version of subsection (10) is effective January 5, 2026.]
(a) A retail marijuana products manufacturer may provide an R-and-D unit to an occupational licensee.
(b) (Deleted by amendment, L. 2025).
(c) To provide an R-and-D unit, the R-and-D unit must be:
(I) Labeled with the universal symbol indicating that the package contains marijuana, the license number of the facility that produced the R-and-D unit, the batch number, and any required warning statements;
(II) Labeled to indicate that the R-and-D unit must not be sold or resold;
(III) Tested in accordance with the rules adopted under section 44-10-203 (2)(d);
(IV) Packaged in a child-resistant container;
(V) Tracked with the seed-to-sale inventory tracking system; and
(VI) Provided for product development or quality control.
(d) to (f) (Deleted by amendment, L. 2025).
(g) A retail marijuana products manufacturer licensee shall not:
(I) Allow an R-and-D unit to be consumed on the licensed premises;
(II) Use an R-and-D unit as a means of compensation;
(III) Provide R-and-D units in a manner that would violate section 18-18-406;
(IV) Require an employee to accept or consume an R-and-D unit;
(V) Receive compensation for an R-and-D unit; or
(VI) Provide R-and-D units to an occupational licensee for more than twenty days in any calendar month.
(h) and (i) (Deleted by amendment, L. 2025).
(11) [Editor's note: This version of subsection (11) is effective until January 5, 2026.]
(a) A retail marijuana products manufacturer that uses a hemp product as an ingredient in a retail marijuana product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana products manufacturer shall verify that the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.
(b) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana products manufacturer pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings in violation of this section by a person registered pursuant to section 25-5-426.
(11) [Editor's note: This version of subsection (11) is effective January 5, 2026.]
(a) A retail marijuana products manufacturer that uses a hemp product as an ingredient in a retail marijuana product shall ensure that the hemp product has passed all testing required by rules adopted by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a retail marijuana products manufacturer shall verify that the hemp product passed all testing required for retail marijuana products at a licensed retail marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-427.
(b) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a retail marijuana products manufacturer pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings in violation of this section by a person registered pursuant to section 25-5-427.
(12) Notwithstanding any other provision of law to the contrary, a licensed retail marijuana products manufacturer may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
(13) A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide technical and compliance assistance to an accelerator manufacturer licensee operating on its premises. A retail marijuana products manufacturer licensee that hosts an accelerator manufacturer licensee may, pursuant to rule, provide capital assistance to an accelerator manufacturer licensee operating on its premises.
(14) A retail marijuana products manufacturer licensee, pursuant to rule and the state licensing authority discretion, may be eligible for incentives through the department of revenue or the office of economic development and international trade, including but not limited to a reduction in application or license fees.
(15) (a) After obtaining passing test results required by subsection (6) of this section, a retail marijuana products manufacturer may transfer retail marijuana that has been extracted and is in a concentrated form to a co-located medical marijuana products manufacturer with at least one identical controlling beneficial owner and change the designation of the retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form. Pursuant to section 44-10-503 (12)(a), after the medical marijuana products manufacturer enters the designation change into the seed-to-sale tracking system, the product is a medical marijuana product and is the property of the medical marijuana products manufacturer. A product that changed designation pursuant to this subsection (15)(a) shall not be transferred to the originating retail marijuana products manufacturer or any retail marijuana licensee, have its designation changed from a medical marijuana product, or otherwise be treated as a retail marijuana product.
(b) A transfer and change of designation of retail marijuana that has been extracted and is in a concentrated form to medical marijuana that has been extracted and is in a concentrated form pursuant to this subsection (15) is not a transaction that results in a right to refund of any retail marijuana excise tax incurred or paid prior to that transfer and change of designation.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2913, � 5, effective January 1, 2020 (see editor's note); (1)(e) added, (HB 19-1230), ch. 340, p. 3121, � 19, effective January 1, 2020. L. 2020: (2)(c), (13), and (14) amended, (HB 20-1424), ch. 184, p. 847, � 9, effective September 14. L. 2021: (2) amended, (HB 21-1178), ch. 130, p. 525, � 7, effective September 7; (15) added, (HB 21-1216), ch. 306, p. 1834, � 4, effective July 1, 2022. L. 2023: (1)(f) added, (SB 23-271), ch. 444, p. 2617, � 8, effective June 7. L. 2024: (11) amended, (SB 24-172), ch. 151, p. 613, � 6, effective August 7. L. 2025: IP(2), (10), and (11) amended, (HB 25-1209), ch. 398, p. 2252, � 13, effective January 5, 2026.
Editor's note: (1) This section is similar to former � 44-12-404 as it existed prior to 2020.
(2) Section 38 of chapter 315 (SB 19-224), Session Laws of Colorado 2019, provides that the effective date of subsection (11) is July 1, 2020.
(3) Section 21(1) of chapter 398 (HB 25-1209), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after January 5, 2026.