Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the on-site consumption of marijuana for retail hospitality spaces and sales establishments.

Highlights:

• Defines “marijuana hospitality establishment” as a facility, which may be mobile, licensed to permit the consumption of marijuana pursuant to this article 12; rules promulgated pursuant to this article 12; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates (Sec. 1).

• Defines “retail marijuana hospitality and sales establishment” as a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates (Sec. 1).

• Expands the state licensing authority to execute power over (Sec. 2):

• The granting or refusal of state licenses for the hospitality of retail marijuana and retail marijuana products as provided by law;

• The implementation of marijuana hospitality and retail marijuana hospitality and sales establishment licenses; and

• The regulations for marijuana hospitality establishments that are mobile.

• Authorizes the state licensing authority, beginning January 1, 2020, to issue marijuana hospitality establishment licenses which will in turn authorize licensees to operate licensed premises where marijuana can be consumed, pursuant to the provisions of the relevant ordinance or resolution of the local jurisdiction where the licensee is located (Sec. 7).

• Authorizes the state licensing authority, beginning January 1, 2020, to issue retail marijuana hospitality and sales establishment licenses which will in turn authorize licensees to operate licensed premises where marijuana can be sold and consumed, pursuant to the provisions of the relevant ordinance or resolution of the local jurisdiction where the licensee is located (Sec. 7).

• Authorizes a retail food establishment to apply for a license to operate a marijuana hospitality establishment or a retail marijuana hospitality and sales establishment in an isolated area on the premises of the retail food establishment (Sec. 7).

• Authorizes the state licensing authority to deny a license renewal or reinstatement or an initial endorsement for good cause (Sec. 7).

• Establishes “good cause” as (Sec. 7):

• The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article 12, or any supplemental local law, rules, or regulations;

• The licensee or applicant has failed to comply with any special terms or conditions placed on its license pursuant to an order of the state or local licensing authority; or

• The licensed premises has been operated in a manner that adversely affects the public health or the safety of the immediate neighborhood in which the establishment is located. 

• Prohibits marijuana hospitality establishments from (Sec. 7):

• Engaging in or allowing for the sale or exchange for remuneration of retail or medical marijuana, retail marijuana products, or medical marijuana-infused products on the licensed premises;

• Permitting employees to consume marijuana while working;

• Permitting alcohol consumption on the licensed premises;

• Permitting tobacco smoking on the licensed premises; or

• Permit any activity requiring an additional license on the licensed premises, including sales, manufacturing, or cultivation.

• Prohibits retail marijuana hospitality and sales establishments from (Sec. 7):

• Engaging in multiple sales transactions with the same customer during the same business day if this could possibly lead to the customer having more marijuana than the sales limit allows for;

• Permitting employees to consume marijuana while working;

• Selling any retail marijuana or retail marijuana products containing nicotine, or alcohol if an additional license or permit is necessary;

• Permitting alcohol consumption on the licensed premises;

• Permitting tobacco smoking on the licensed premises; or

• Permit any activity requiring an additional license on the licensed premises, including manufacturing or cultivation.

• Defines “marijuana hospitality business” as a facility, which may be mobile licensed to permit the consumption of marijuana pursuant to this article 10; rules promulgated pursuant to this article 10; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction (Sec. 12).

• Defines “retail marijuana hospitality and sales business” as a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the relevant provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction (Sec. 12).

• Expands the state licensing authority to execute power over (Sec. 14 & 16):

• The granting or issuance of marijuana hospitality business licenses and retail mairjunana hospitality and sales business licenses;

• The implementation of marijuana hospitality and retail marijuana hospitality and sales business licenses; and

• The regulations for marijuana hospitality businesses that are mobile.

• Authorizes a retail food business to apply for a license to operate a marijuana hospitality business or a retail marijuana hospitality and sales business in an isolated area on the premises of the retail food business (Sec. 20).

• Establishes the same prohibitions listed in section 7 for marijuana hospitality businesses set forth for marijuana hospitality establishments, and retail marijuana hospitality and sales businesses set forth for retail marijuana hospitality and sales establishments (Sec. 20).

• Requires marijuana hospitality establishments, retail marijuana hospitality and sales establishments, marijuana hospitality businesses, and retail marijuana hospitality and sales businesses to have employees complete an annual responsible vendor training program, as well as educate consumers of marijuana by providing informational materials on the safe consumption of marijuana (Sec. 7 & 20).

• Requires the state licensing authority to maintain a list of every marijuana hospitality establishment, retail marijuana hospitality and sales establishment, marijuana hospitality business, and retail marijuana hospitality and sales business in the state and to post this list on its website (Sec. 7 & 20).

• Expands the curriculum of the responsible vendor training program to include information on serving size, THC and cannabinoid potency, and impairment (Sec. 11 & 22).

• Appropriates $399,479 to the department of revenue from the marijuana cash fund for the 2019-2020 fiscal year, in order to implement this act (Sec. 25).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the on-site consumption of marijuana for retail hospitality spaces and sales establishments.

Highlights:

• Defines “marijuana hospitality establishment” as a facility, which may be mobile, licensed to permit the consumption of marijuana pursuant to this article 12; rules promulgated pursuant to this article 12; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates (Sec. 1).

• Defines “retail marijuana hospitality and sales establishment” as a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates (Sec. 1).

• Expands the state licensing authority to execute power over (Sec. 2):

• The granting or refusal of state licenses for the hospitality of retail marijuana and retail marijuana products as provided by law;

• The implementation of marijuana hospitality and retail marijuana hospitality and sales establishment licenses; and

• The regulations for marijuana hospitality establishments that are mobile.

• Authorizes the state licensing authority, beginning January 1, 2020, to issue marijuana hospitality establishment licenses which will in turn authorize licensees to operate licensed premises where marijuana can be consumed, pursuant to the provisions of the relevant ordinance or resolution of the local jurisdiction where the licensee is located (Sec. 7).

• Authorizes the state licensing authority, beginning January 1, 2020, to issue retail marijuana hospitality and sales establishment licenses which will in turn authorize licensees to operate licensed premises where marijuana can be sold and consumed, pursuant to the provisions of the relevant ordinance or resolution of the local jurisdiction where the licensee is located (Sec. 7).

• Authorizes a retail food establishment to apply for a license to operate a marijuana hospitality establishment or a retail marijuana hospitality and sales establishment in an isolated area on the premises of the retail food establishment (Sec. 7).

• Authorizes the state licensing authority to deny a license renewal or reinstatement or an initial endorsement for good cause (Sec. 7).

• Establishes “good cause” as (Sec. 7):

• The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article 12, or any supplemental local law, rules, or regulations;

• The licensee or applicant has failed to comply with any special terms or conditions placed on its license pursuant to an order of the state or local licensing authority; or

• The licensed premises has been operated in a manner that adversely affects the public health or the safety of the immediate neighborhood in which the establishment is located. 

• Prohibits marijuana hospitality establishments from (Sec. 7):

• Engaging in or allowing for the sale or exchange for remuneration of retail or medical marijuana, retail marijuana products, or medical marijuana-infused products on the licensed premises;

• Permitting employees to consume marijuana while working;

• Permitting alcohol consumption on the licensed premises;

• Permitting tobacco smoking on the licensed premises; or

• Permit any activity requiring an additional license on the licensed premises, including sales, manufacturing, or cultivation.

• Prohibits retail marijuana hospitality and sales establishments from (Sec. 7):

• Engaging in multiple sales transactions with the same customer during the same business day if this could possibly lead to the customer having more marijuana than the sales limit allows for;

• Permitting employees to consume marijuana while working;

• Selling any retail marijuana or retail marijuana products containing nicotine, or alcohol if an additional license or permit is necessary;

• Permitting alcohol consumption on the licensed premises;

• Permitting tobacco smoking on the licensed premises; or

• Permit any activity requiring an additional license on the licensed premises, including manufacturing or cultivation.

• Defines “marijuana hospitality business” as a facility, which may be mobile licensed to permit the consumption of marijuana pursuant to this article 10; rules promulgated pursuant to this article 10; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction (Sec. 12).

• Defines “retail marijuana hospitality and sales business” as a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the relevant provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction (Sec. 12).

• Expands the state licensing authority to execute power over (Sec. 14 & 16):

• The granting or issuance of marijuana hospitality business licenses and retail mairjunana hospitality and sales business licenses;

• The implementation of marijuana hospitality and retail marijuana hospitality and sales business licenses; and

• The regulations for marijuana hospitality businesses that are mobile.

• Authorizes a retail food business to apply for a license to operate a marijuana hospitality business or a retail marijuana hospitality and sales business in an isolated area on the premises of the retail food business (Sec. 20).

• Establishes the same prohibitions listed in section 7 for marijuana hospitality businesses set forth for marijuana hospitality establishments, and retail marijuana hospitality and sales businesses set forth for retail marijuana hospitality and sales establishments (Sec. 20).

• Requires marijuana hospitality establishments, retail marijuana hospitality and sales establishments, marijuana hospitality businesses, and retail marijuana hospitality and sales businesses to have employees complete an annual responsible vendor training program, as well as educate consumers of marijuana by providing informational materials on the safe consumption of marijuana (Sec. 7 & 20).

• Requires the state licensing authority to maintain a list of every marijuana hospitality establishment, retail marijuana hospitality and sales establishment, marijuana hospitality business, and retail marijuana hospitality and sales business in the state and to post this list on its website (Sec. 7 & 20).

• Expands the curriculum of the responsible vendor training program to include information on serving size, THC and cannabinoid potency, and impairment (Sec. 11 & 22).

• Appropriates $399,479 to the department of revenue from the marijuana cash fund for the 2019-2020 fiscal year, in order to implement this act (Sec. 25).

Full Bill Text