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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0582.06 Jery Payne x2157 SENATE BILL 26-161
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING CANNABIS -RELATED PRODUCTS , AND , IN CONNECTION101
THEREWITH, CHANGING THE BASIS FOR MARIJUANA EXCISE AND102
SALES TAX, MOVING THE TESTING AND SAFETY ELEMENTS OF103
INTOXICATING CANNABIS REGULATION FROM THE DEPARTMENT104
OF REVENUE TO THE DEPARTMENT OF PUBLIC HEALTH AND105
ENVIRONMENT , REQUIRING INTOXICATING CANNABIS106
PRODUCERS TO BE REGISTERED WITH THE DEPARTMENT OF107
PUBLIC HEALTH AND ENVIRONMENT , AND CHANGING THE108
TESTING OF MARIJUANA.109
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
SENATE SPONSORSHIP
Snyder and Mullica,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
applies to the reengrossed version of this bill wi ll be available at
http://leg.colorado.gov.)
Under current law, an excise tax of 15% is levied and collected on
the first sale or transfer of unprocessed retail marijuana by a retail
marijuana cultivation facility, and a sales tax of 15% is imposed on sales
of retail marijuana and retail marijuana products by a retailer. The bill
lowers the excise tax to $1 per pound of unprocessed retail marijuana and
replaces the 15% sales tax with a sales tax structure that is based on the
content of intoxicating cannabinoids in retail cannabis products. The sales
tax may be changed by an act of the general assembly but may not exceed
2 cents per milligram of total intoxicating cannabinoids until January 1,
2030, and 5 cents thereafter.
The legislative council staff shall make projections based on the
tax changes and propose adjustments to the joint budget committee in
order to stabilize intoxicating cannabinoid tax revenue. If such a proposal
is made, the joint budget committee may propose legislation to stabilize
the tax revenue.
Current law creates a bifurcated regulatory structure for marijuana
and intoxicating hemp. The bill moves the testing and safety elements
from the department of revenue to the department of public health and
environment (department). The state licensing authority (authority) in the
department of revenue is currently directed to adopt rules to, among other
things, establish testing standards. The bill transfers these responsibilities
from the authority to the department. Mandatory compliance testing
requirements are shifted from throughout the supply chain to the point at
which products are packaged for sale to or use by consumers. Mandatory
compliance testing standards are set by a new reference laboratory, which
will also conduct statewide off-shelf surveillance testing of intoxicating
cannabis products. This means that the products are tested at the retail
level where consumers may purchase them.
The bill requires the following be made available for public
inspection via an online portal:
! Adverse health reports, including the product manufacturer
and basis for the report, with personally identifiable
information related to the affected customers redacted; and
! Traceability information and testing results for intoxicating
cannabis products transferred to a consumer, so that
consumers may access and view product batches,
manufacturers, cultivators, or retailers and the associated
traceability or testing data.
The bill requires marijuana product producers to be registered with
the department and regulated in a like manner as other food
manufacturers. The department may enforce labeling and content claim
requirements and impose penalties for health- and labeling-related
SB26-161-2-
violations or refer violations to the authority for license discipline.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Cannabis Consumer Protection Act".3
SECTION 2. Legislative declaration.4
(1) The general assembly finds and declares that:5
(a) Marijuana products intended for human consumption present6
public health and consumer safety considerations that warrant clear,7
consistent, and effective state oversight;8
(b) Regulation and taxation of marijuana products should reflect9
public health risk and promote informed consumer choice;10
(c) Since the legalization of marijuana, the marketplace has11
evolved to include higher-potency products and more complex methods12
of production and consumption, requiring updates to the state's regulatory13
framework;14
(d) Health and safety oversight of consumable products in15
Colorado is appropriately placed within the agency possessing public16
health, laboratory, and scientific expertise, which agency is the Colorado17
department of public health and environment that currently oversees18
similar functions for hemp and natural medicine;19
(e) The marijuana enforcement division within the department of20
revenue has, in recent years, faced fiscal and operational constraints while21
administering an expanding scope of responsibilities; and22
(f) It is appropriate to place responsibility for testing, product23
safety standards, and oversight of the manufacturing of marijuana24
products intended for human consumption within the Colorado25
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department of public health and environment, while allowing the1
marijuana enforcement division to focus on licensing, tax compliance,2
and enforcement.3
(2) In anticipation of future federal regulation of marijuana, the4
general assembly intends to align Colorado's marijuana regulatory5
structure with established regulatory models used for other agricultural6
and consumer products, and this structure includes the separation of7
licensing and enforcement functions from health and safety oversight.8
(3) The general assembly further intends that this act enhance9
consumer protection, ensure that marijuana products offered for sale in10
Colorado meet applicable safety and labeling standards, disincentivize the11
abuse of intoxicating cannabinoids by directly taxing intoxicating12
cannabinoid content, and establish a regulatory framework that prioritizes13
public health and safety.14
SECTION 3. In Colorado Revised Statutes, add 2-3-211 as15
follows:16
2-3-211. Marijuana tax revenue stabilization - legislative17
council staff - definition - repeal.18
(1) (a) A S PART OF THE QUARTERLY 2026 DECEMBER REVENUE19
FORECAST, LEGISLATIVE COUNCIL STAFF SHALL PROJECT:20
(I) THE AMOUNT OF TAX REVENUE THAT WILL BE RAISED IF TAXES21
ARE IMPOSED IN THE NEXT CALENDAR YEAR AT THE RATES DESCRIBED IN22
SECTIONS 39-28.8-202 (4)(b) AND 39-28.8-302 (1)(d); AND23
(II) T HE AMOUNT OF TAX REVENUE THAT WOULD HAVE BEEN24
GENERATED AS A RESULT OF THE TAXES DESCRIBED IN SECTIONS25
39-28.8-202 (1) AND 39-28.8-302 (1)(a) IF THE TAXES WERE IMPOSED AT26
THE SAME RATE AND IN THE SAME MANNER AS THEY WERE IMPOSED ON27
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DECEMBER 31, 2025.1
(b) IF THE AMOUNT OF TAX REVENUE DESCRIBED IN SUBSECTION2
(1)(a)(I) OF THIS SECTION IS SUBSTANTIALLY DIFFERENT THAN THE3
AMOUNT OF TAX REVENUE DESCRIBED IN SUBSECTION (1)(a)(II) OF THIS4
SECTION, LEGISLATIVE COUNCIL STAFF SHALL PROPOSE ADJUSTMENTS TO5
THE TAX RATES OF THE TAXES IMPOSED IN SECTION 39-28.8-202 (4)(b) TO6
STABILIZE THE REVENUE FROM THE TAXES IMPOSED IN SECTIONS7
39-28.8-202 AND 39-28.8-302. THE PROPOSED RATES MUST:8
(I) E ACH BE LESS THAN THE MAXIMUM RATES DESCRIBED IN9
SECTION 39-28.8-202 (4)(a);10
(II) FOR EACH TYPE OF RETAIL MARIJUANA OR RETAIL MARIJUANA11
PRODUCT, BE IN SUBSTANTIALLY THE SAME PROPORTIONS AS THE RATES12
DESCRIBED IN SECTION 39-28.8-202 (4)(b); AND13
(III) BE PROJECTED BY LEGISLATIVE COUNCIL STAFF TO RESULT IN14
THE AMOUNT OF TAX REVENUE DESCRIBED IN SUBSECTION (1)(a)(I) OF15
THIS SECTION EQUALING THE AMOUNT OF TAX REVENUE DESCRIBED IN16
SUBSECTION (1)(a)(II) OF THIS SECTION; AND17
(IV) B E ADJUSTED TO ACCOUNT FOR INFLATION OR DEFLATION18
AND POPULATION GROWTH OR SHRINKAGE.19
(c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2027.20
(2) (a) A S PART OF THE QUARTERLY DECEMBER REVENUE21
FORECAST, BEGINNING WITH THE 2027 QUARTERLY DECEMBER REVENUE22
FORECAST, LEGISLATIVE COUNCIL STAFF SHALL PROJECT THE AMOUNT OF23
TAX REVENUE THAT WILL BE RAISED IF TAXES ARE IMPOSED IN THE NEXT24
CALENDAR YEAR AT THE RATES DESCRIBED IN SECTIONS 39-28.8-20225
(4)(b) AND 39-28.8-302 (1)(d).26
(b) TO ENSURE THAT THE TAX REVENUE FROM THE TAXES IMPOSED27
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IN SECTIONS 39-28.8-202 (4)(b) AND 39-28.8-302 (1)(d) IS NOT1
SIGNIFICANTLY HIGHER OR LOWER THAN THE AVERAGE TAX REVENUE2
OVER THE PREVIOUS THREE YEARS , LEGISLATIVE COUNCIL STAFF MAY3
PROPOSE, TO THE JOINT BUDGET COMMITTEE, ADJUSTMENTS TO THE TAX4
RATES OF THE TAXES IMPOSED IN SECTION 39-28.8-202 (4)(b) TO5
STABILIZE THE REVENUE FROM THE TAXES IMPOSED IN SECTIONS6
39-28.8-202 AND 39-28.8-302. THE PROPOSED RATES MUST:7
(I) E ACH BE LESS THAN THE MAXIMUM RATES DESCRIBED IN8
SECTION 39-28.8-202 (4)(a); AND9
(II) BE ADJUSTED TO ACCOUNT FOR INFLATION OR DEFLATION AND10
POPULATION GROWTH OR SHRINKAGE.11
(3) (a) IF LEGISLATIVE COUNCIL STAFF PROPOSES RATES PURSUANT12
TO SUBSECTION (1)(b) OR (2)(b) OF THIS SECTION, LEGISLATIVE COUNCIL13
STAFF SHALL PRESENT THOSE PROPOSED RATES TO THE JOINT BUDGET14
COMMITTEE ALONG WITH THE QUARTERLY DECEMBER REVENUE15
FORECAST. THE JOINT BUDGET COMMITTEE MAY INTRODUCE LEGISLATION16
TO ADJUST THE TAX RATES IN SECTION 39-28.8-202 (4)(b) TO STABILIZE17
THE REVENUE FROM THE TAXES IMPOSED IN SECTIONS 39-28.8-202 AND18
39-28.8-302.19
(b) L EGISLATION INTRODUCED PURSUANT TO THIS SECTION IS20
GOVERNED BY THE RULES REGARDING LEGISLATION RECOMMENDED BY AN21
INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF INTRODUCTION22
DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE23
GENERAL ASSEMBLY.24
(4) AS USED IN THIS SECTION, "INFLATION OR DEFLATION" MEANS25
THE ANNUAL PERCENTAGE INCREASE OR DECREASE IN THE UNITED STATES26
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE27
SB26-161-6-
INDEX, OR A SUCCESSOR INDEX , FOR DENVER-AURORA-LAKEWOOD FOR1
ALL ITEMS PAID FOR BY URBAN CONSUMERS.2
(5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.3
SECTION 4. In Colorado Revised Statutes, 39-28.8-101, amend4
(1.5); and add (4.4), (4.5), and (4.6) as follows:5
39-28.8-101. Definitions - repeal.6
Unless the context otherwise requires, any terms not defined in this7
article 28.8 have the meanings set forth in article 26 of this title 39. As8
used in this article 28.8, unless the context otherwise requires:9
(1.5) (a) "Average market rate" means the average price, as10
determined by the department on a quarterly basis, of all unprocessed11
retail marijuana that is sold or transferred from retail marijuana12
cultivation facilities in the state to retail marijuana product manufacturing13
facilities or retail marijuana stores, less taxes paid on the sales or14
transfers. An "average market rate" may be based on the purchaser or15
transferee of unprocessed retail marijuana or on the nature of the16
unprocessed retail marijuana that is sold or transferred. The "average17
market rate" must include one or more rates that cover unprocessed18
marijuana that is allocated to extractions, and the initial rates for these19
product types must be lower than the rate for unprocessed marijuana that20
is allocated for direct sale to consumers.21
(b) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JANUARY 1,22
2027.23
(4.4) "INFLATION" MEANS THE ANNUAL PERCENTAGE INCREASE IN24
THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR25
STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX , FOR26
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN27
SB26-161-7-
CONSUMERS.1
(4.5) "INTOXICATING CANNABINOID" MEANS:2
(a) TETRAHYDROCANNABINOL; OR3
(b) THE CHEMICALS DESCRIBED IN SECTION 25-5-427 (4)(d)(I)(A)4
TO (4)(d)(I)(M).5
(4.6) "I NTOXICATING CANNABIS" MEANS A PRODUCT OR PLANT6
MATERIAL THAT CONTAINS AN INTOXICATING CANNABINOID.7
SECTION 5. In Colorado Revised Statutes, 39-28.8-202, amend8
(1)(a)(I); repeal (1)(b); and add (4) as follows:9
39-28.8-202. Retail marijuana sales tax - rules - definition.10
(1) (a) (I) In addition to the tax imposed pursuant to part 1 of11
article 26 of this title 39 and the sales tax imposed by a local government12
pursuant to title 29, 30, 31, or 32, but except as otherwise set forth in13
subsections (1)(a)(II) and (1)(a)(III) of this section, beginning January 1,14
2014, and through June 30, 2017, there is imposed upon all sales of retail15
marijuana and retail marijuana products by a retailer a tax at the rate of16
ten percent of the amount of the sale. Beginning July 1, 2017, AND PRIOR17
TO JANUARY 1, 2027, there is imposed upon all sales of retail marijuana18
and retail marijuana products by a retailer a tax at the rate of fifteen19
percent of the amount of the sale. The tax imposed by this section is20
computed in accordance with schedules or forms prescribed by the21
executive director of the department; except that a retail marijuana store22
is not allowed to retain any portion of the retail marijuana sales tax23
collected pursuant to this part 2 to cover the expenses of collecting and24
remitting the tax. The executive director OF THE DEPARTMENT may25
promulgate ADOPT rules to implement this section.26
(b) The maximum tax rate that may be imposed pursuant to this27
SB26-161-8-
section is fifteen percent. At any time on or after January 1, 2014, the1
general assembly may, by a bill enacted by the general assembly and that2
becomes law:3
(I) Establish a tax rate to be imposed pursuant to this subsection4
(1) that is lower than fifteen percent of the sale of retail marijuana or5
retail marijuana products; or6
(II) After establishing a tax rate that is lower than fifteen percent7
pursuant to subparagraph (I) of this paragraph (b), increase the tax rate to8
be imposed pursuant to this subsection (1); except that, in no event shall9
the general assembly increase the tax rate above fifteen percent of the sale10
of retail marijuana or retail marijuana products. Notwithstanding any11
other provision of law, an increase in the tax rate pursuant to this12
subparagraph (II) shall not require voter approval subsequent to the voter13
approval required pursuant to part 4 of this article.14
(4) (a) (I) T HE MAXIMUM SALES TAX THAT MAY BE IMPOSED15
PURSUANT TO THIS SUBSECTION (4) IS:16
(A) B EFORE JANUARY 1, 2030, TWO CENTS PER MILLIGRAM OF17
TOTAL INTOXICATING CANNABINOIDS IN RETAIL CANNABIS PRODUCTS; OR18
(B) ON OR AFTER JANUARY 1, 2030, FIVE CENTS PER MILLIGRAM19
OF TOTAL INTOXICATING CANNABINOIDS IN RETAIL CANNABIS PRODUCTS.20
(II) AT ANY TIME ON OR AFTER JANUARY 1, 2027, THE GENERAL21
ASSEMBLY MAY, BY A BILL ENACTED BY THE GENERAL ASSEMBLY AND22
THAT BECOMES LAW:23
(A) ESTABLISH A SALES TAX RATE TO BE IMPOSED PURSUANT TO24
THIS SUBSECTION (4) THAT IS LOWER THAN THE SALES TAX RATE25
DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS SECTION; OR26
(B) AFTER ESTABLISHING A SALES TAX RATE THAT IS LOWER THAN27
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THE SALES TAX RATE DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS SECTION,1
INCREASE THE SALES TAX RATE TO BE IMPOSED PURSUANT TO THIS2
SUBSECTION (4); EXCEPT THAT THE GENERAL ASSEMBLY SHALL NOT3
INCREASE THE SALES TAX RATE ABOVE THE SALES TAX RATE DESCRIBED4
IN SUBSECTION (4)(a)(I) OF THIS SECTION. AN INCREASE IN THE SALES TAX5
RATE PURSUANT TO THIS SUBSECTION (4)(a)(II)(B) DOES NOT REQUIRE6
VOTER APPROVAL SUBSEQUENT TO THE VOTER APPROVAL REQUIRED TO7
ADOPT THIS SUBSECTION (4).8
(b) A SALES TAX IS IMPOSED UPON THE SALE OF RETAIL9
INTOXICATING CANNABIS PRODUCTS BY A RETAILER AT THE FOLLOWING10
RATES ON AND AFTER JANUARY 1, 2027:11
(I) F OR EDIBLE RETAIL MARIJUANA PRODUCTS , ONE AND12
TWO-TENTHS OF ONE CENT PER MILLIGRAM OF TOTAL INTOXICATING13
CANNABINOIDS; AND14
(II) FOR INHALED MARIJUANA PRODUCTS MADE WITH MARIJUANA15
CONCENTRATE, FOUR -TENTHS OF ONE CENT PER MILLIGRAM OF TOTAL16
INTOXICATING CANNABINOIDS;17
(III) FOR MARIJUANA PRODUCTS MADE WITH MARIJUANA FLOWER,18
FOUR-TENTHS OF ONE CENT PER MILLIGRAM OF TOTAL INTOXICATING19
CANNABINOIDS; AND20
(IV) FOR INTOXICATING CANNABIS PRODUCTS NOT DESCRIBED IN21
SUBSECTIONS (4)(b)(I) TO (4)(b)(III) OF THIS SECTION, FOUR-TENTHS OF22
ONE CENT PER MILLIGRAM OF TOTAL INTOXICATING CANNABINOIDS.23
SECTION 6. In Colorado Revised Statutes, 39-28.8-203, amend24
(1) introductory portion as follows:25
39-28.8-203. Disposition of collections - definitions.26
(1) The proceeds of all money collected from the retail marijuana27
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sales tax are initially credited to the old age pension fund created in1
section 1 of article XXIV of the state constitution in accordance with2
sections 2 (a) and 2 (f) of article XXIV of the state constitution and3
thereafter are transferred to the general fund in accordance with section4
7 of article XXIV of the state constitution. For each STATE fiscal year in5
which a tax is collected pursuant to this part 2, an amount shall be FORTY6
PERCENT OF THE TAX REVENUE IS DISTRIBUTED IN ACCORDANCE WITH7
SECTION 39-28.8-305 AND SIXTY PERCENT OF THE TAX REVENUE IS8
appropriated or distributed from the general fund as follows:9
SECTION 7. In Colorado Revised Statutes, 39-28.8-302, amend10
(1)(a); and add (1)(d) and (1)(e) as follows:11
39-28.8-302. Retail marijuana - excise tax levied at first12
transfer from retail marijuana cultivation facility - tax rate.13
(1) (a) (I) Except as otherwise provided in subsection (1)(b) or14
(1)(c) of this section AND PRIOR TO JANUARY 1, 2027, there is levied and15
shall be collected, in addition to the sales tax imposed pursuant to part 116
of article 26 of this title 39 and part 2 of this article 28.8, a tax on the first17
sale or transfer of unprocessed retail marijuana by a retail marijuana18
cultivation facility, at a rate of fifteen percent of the average market rate19
of the unprocessed retail marijuana if the transaction is between affiliated20
retail marijuana business licensees. Except as otherwise provided in21
subsection (1)(b) or (1)(c) of this section AND PRIOR TO JANUARY 1, 2027,22
there is levied and shall be collected, in addition to the sales tax imposed23
pursuant to part 1 of article 26 of this title 39 and part 2 of this article24
28.8, a tax on the first sale or transfer of unprocessed retail marijuana by25
a retail marijuana cultivation facility, at a rate of fifteen percent of the26
contract price for unprocessed retail marijuana if the transaction is27
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between unaffiliated retail marijuana business licensees. Retail marijuana1
excise tax shall also be calculated as fifteen percent of the contract price2
when the first transfer of retail marijuana that has been harvested for sale3
at a retail marijuana store or extraction by a retail marijuana product4
manufacturing facility is between unaffiliated retail marijuana cultivation5
facilities. The tax shall be imposed at the time when the retail marijuana6
cultivation facility first sells or transfers unprocessed retail marijuana7
from the retail marijuana cultivation facility to a retail marijuana product8
manufacturing facility or a retail marijuana store.9
(II) If, for the fiscal year 2014-15, fiscal year spending is greater10
than twelve billion eighty million dollars or if the revenue from retail11
marijuana taxes is greater than sixty-seven million dollars, then on12
September 16, 2015, the rate of the tax imposed under subparagraph (I)13
of this paragraph (a) is reduced as specified in section 20 (3)(c) of article14
X of the state constitution. On September 17, 2015, in accordance with15
paragraph (b) of this subsection (1) and the authority that the voters16
conferred through their approval of proposition AA at the November17
2013 election, the rate is increased back to fifteen percent.18
(d) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(b) OR19
(1)(c) OF THIS SECTION , A TAX ON THE FIRST SALE OR TRANSFER OF20
UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA CULTIVATION21
FACILITY IS LEVIED, AND THE DEPARTMENT SHALL COLLECT THE TAX AT22
A RATE OF ONE DOLLAR PER POUND OF UNPROCESSED RETAIL MARIJUANA.23
THE TAX IS IN ADDITION TO THE SALES TAX IMPOSED PURSUANT TO PART24
1 OF ARTICLE 26 OF THIS TITLE 39 AND PART 2 OF THIS ARTICLE 28.8.25
RETAIL MARIJUANA EXCISE TAX IS CALCULATED AS ONE DOLLAR PER26
POUND OF UNPROCESSED RETAIL MARIJUANA WHEN THE FIRST TRANSFER27
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OF RETAIL MARIJUANA THAT HAS BEEN HARVESTED FOR SALE AT A RETAIL1
MARIJUANA STORE OR EXTRACTION BY A RETAIL MARIJUANA PRODUCT2
MANUFACTURING FACILITY IS BETWEEN UNAFFILIATED RETAIL MARIJUANA3
CULTIVATION FACILITIES . THE TAX IS IMPOSED WHEN THE RETAIL4
MARIJUANA CULTIVATION FACILITY FIRST SELLS OR TRANSFERS5
UNPROCESSED RETAIL MARIJUANA FROM THE RETAIL MARIJUANA6
CULTIVATION FACILITY TO A RETAIL MARIJUANA PRODUCT7
MANUFACTURING FACILITY OR A RETAIL MARIJUANA STORE.8
(e) THE DEPARTMENT SHALL ANNUALLY ADJUST FOR INFLATION9
THE TAX IMPOSED IN SUBSECTION (1)(d) OF THIS SECTION . THE10
DEPARTMENT MAY ROUND THE ADJUSTED AMOUNT UPWARD TO THE11
NEAREST CENT.12
SECTION 8. In Colorado Revised Statutes, 44-10-103, amend13
the introductory portion; and add (8.5), (22.7), and (68.3) as follows:14
44-10-103. Definitions - rules.15
As used in this article 10 AND IN SECTION 25-5-429, unless the16
context otherwise requires:17
(8.5) "AUTHORIZED SAMPLER" HAS THE MEANING SET FORTH IN18
SECTION 25-5-429 (1)(a).19
(22.7) "INTOXICATING CANNABIS PRODUCT" HAS THE MEANING SET20
FORTH IN SECTION 25-5-429 (1)(c).21
(68.3) "S EED-TO-SALE INVENTORY TRACKING SYSTEM " OR22
"SEED-TO-SALE TRACKING SYSTEM " MEANS THE TRACKING SYSTEM23
DEVELOPED AND MAINTAINED BY THE STATE LICENSING AUTHORITY24
PURSUANT TO SECTION 44-10-202 (1)(a).25
SECTION 9. In Colorado Revised Statutes, 44-10-202, amend26
(1)(b), (1)(c), (1)(f), and (6); repeal (4); and add (1)(i), (1)(j), and (1)(k)27
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as follows:1
44-10-202. Powers and duties of state licensing authority -2
stakeholder work group - rules - report - legislative declaration.3
(1) Powers and duties. The state licensing authority shall:4
(b) Grant or refuse state licenses for the cultivation, manufacture,5
distribution, sale, hospita lity, and tes ting of regulated marijuana and6
regulated marijuana INTOXICATING CANNABIS products as provided by7
law; suspend, fine, restrict, or revoke such licenses, whether active,8
expired, or surrendered, upon a violation of this article 10 or any rule9
promulgated ADOPTED pursuant to this article 10; and impose any penalty10
authorized by this article 10 or any rule promulgated ADOPTED pursuant11
to this article 10. The state licensing authority may take any action with12
respect to a registration or permit ISSUED pursuant to this article 10 as it13
may with respect to a license ISSUED pursuant to this article 10, in14
accordance with the procedures established pursuant to this article 10.15
(c) Promulgate ADOPT rules for the proper regulation and control16
of the cultivation, manufacture, distribution, AND sale and testing of17
regulated marijuana and regulated marijuana OF INTOXICATING CANNABIS18
products and for the enforcement of this article 10 and promulgate ADOPT19
amended rules and such special rulings and findings as necessary;20
(f) Prepare and transmit annually, in the form and manner21
prescribed by the heads of the principal departments pursuant to section22
24-1-136, a report accounting to the governor for the efficient discharge23
of all responsibilities assigned by law or directive to the state licensing24
authority; and25
(i) PROVIDE FULL READ AND WRITE ACCESS TO THE SEED-TO-SALE26
TRACKING SYSTEM TO THE DEPARTMENT OF PUBLIC HEALTH AND27
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ENVIRONMENT FOR THE PURPOSE OF IMPLEMENTING SECTION 25-5-429;1
(j) IN THE SEED-TO-SALE TRACKING SYSTEM, PROVIDE ACCESS TO2
THE PUBLIC TRACEABILITY INFORMATION AND TESTING RESULTS FOR3
INTOXICATING CANNABIS PRODUCTS OFFERED FOR SALE TO CONSUMERS,4
SO THAT A CONSUMER MAY ACCESS AND VIEW PRODUCT BATCHES ,5
MANUFACTURERS, CULTIVATORS , OR RETAILERS AND THE ASSOCIATED6
TRACEABILITY AND TESTING DATA FOR PRODUCTS OFFERED FOR SALE OR7
DISTRIBUTION TO THE CONSUMER; AND8
(k) E NSURE THAT CONSUMERS CAN USE THE ONLINE PORTAL9
ACCESS DESCRIBED IN SUBSECTION (1)(j) OF THIS SECTION TO SEARCH FOR10
TRACEABILITY AND TESTING INFORMATION BY PRODUCT BATCHES ,11
MANUFACTURERS, OR CULTIVATORS.12
(4) The executive director of the department of public health and13
environment shall provide to the state licensing authority standards for14
licensing laboratories pursuant to the requirements as outlined in section15
44-10-203 (2)(d)(II) for regulated marijuana and regulated marijuana16
products.17
(6) The general assembly finds and declares that matters related18
to labeling as regulated pursuant to this section and section 44-10-20319
(2)(f), packaging as regulated pursuant to this section and section20
44-10-203 (3)(b), and testing as regulated pursuant to this section and21
section 44-10-203 (2)(d) SECTION 25-5-429 (3)(a) are matters of statewide22
concern and the sole regulatory authority for labeling, packaging, and23
testing is section 44-10-203 SECTIONS 25-5-429 AND 44-10-203.24
SECTION 10. In Colorado Revised Statutes, 44-10-203, amend25
(2)(f), (3) introductory por tion, (3)(c), a nd (8); and add (2)(d)(X) and26
(10)(d) as follows:27
SB26-161-15-
44-10-203. State licensing authority - rules - repeal.1
(2) Mandatory rule-making. Rules adopted pursuant to section2
44-10-202 (1)(c) must include the following subjects:3
(d) (X) THIS SUBSECTION (2)(d) IS REPEALED, EFFECTIVE MARCH4
1, 2027.5
(f) (I) Labeling requirements for regulated marijuana and6
regulated marijuana INTOXICATING CANNABIS products sold by a medical7
marijuana business or retail marijuana business that are at least as8
stringent as those imposed by section 25-4-1614 (3)(a) and include: but9
are not limited to:10
(I) (A) Warning labels;11
(II) (B) Amount of THC per serving and the number of servings12
per package for regulated marijuana INTOXICATING CANNABIS products;13
(III) (C) A universal symbol indicating that the package contains14
marijuana; and15
(IV) (D) Potency of the regulated marijuana and regulated16
marijuana INTOXICATING CANNABIS products.17
(II) THE STATE LICENSING AUTHORITY SHALL, IN CONSULTATION18
WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, REQUIRE19
THAT ALL INTOXICATING CANNABIS PRODUCTS OFFERED FOR SALE20
INCLUDE THE FOLLOWING CONTENT CLAIMS ON PRODUCT LABELS:21
(A) INTENDED USE OF THE PRODUCT;22
(B) TOTAL MILLIGRAMS OF THC PER PACKAGE;23
(C) TOTAL MILLIGRAMS OF THC PER SERVING;24
(D) TOTAL MILLIGRAMS OF OTHER INTOXICATING CANNABINOIDS;25
(E) T OTAL MILLIGRAMS OF NONINTOXICATING CANNABINOIDS ;26
AND27
SB26-161-16-
(F) S TATEMENTS VERIFYING THE ABSENCE OF MICROBIAL1
CONTAMINANTS, AEROBIC CONTAMINANTS, AND RESIDUAL PESTICIDES AT2
REGULATED THRESHOLDS.3
(3) In promulgating ADOPTING rules pursuant to this section, the4
state licensing authority may seek the assistance of the department of5
public health and environment when necessary before promulgating6
ADOPTING rules on the following subjects:7
(c) (I) The safe and lawful transport of regulated marijuana and8
regulated marijuana products between the licensed business and testing9
laboratories.10
(II) THIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE MARCH 1,11
2027.12
(8) The state licensing authority shall treat a metered-dose inhaler13
the same as a vaporized delivery device for purposes of regulation. and14
testing.15
(10) (d) THIS SUBSECTION (10) IS REPEALED, EFFECTIVE MARCH 1,16
2027.17
SECTION 11. In Colorado Revised Statutes, 44-10-204, amend18
(2)(a), (2)(c), and (2)(d); and add (2)(e) as follows:19
44-10-204. Confidentiality.20
(2) The state licensing authority shall make available for public21
inspection:22
(a) Documents related to final agency actions and orders,23
INCLUDING ORDERS TO SHOW CAUSE AND EXHIBITS REFERENCED IN THE24
ORDERS, WITH PERSONALLY IDENTIFIABLE INFORMATION RELATED TO THE25
AFFECTED CUSTOMER REDACTED;26
(c) Demographic information related to applicants and licensees27
SB26-161-17-
available on an aggregated and de-identified basis; and1
(d) Enforcement forms and compliance checklists; AND2
(e) ADVERSE HEALTH REPORTS, INCLUDING INFORMATION RELATED3
TO THE PRODUCT MANUFACTURER AND BASIS FOR THE REPORT , WITH4
PERSONALLY IDENTIFIABLE INFORMATION RELATED TO THE AFFECTED5
CUSTOMER REDACTED.6
SECTION 12. In Colorado Revised Statutes, 44-10-501, amend7
(3)(e) and (6) as follows:8
44-10-501. Medical marijuana store license.9
(3) (e) (I) A me dical marijuana store that sells a hemp product10
shall ensure that the hemp product has passed all testing required by rules11
adopted by the state licensing authority pursuant to section 44-10-20312
(2)(d). Prior to taking possession of the A hemp product, a medical13
marijuana store shall verify the hemp product passed all testing required14
for medical marijuana products at a licensed medical marijuana testing15
facility and that the person transferring the hemp product has received a16
registration from the department of public health and environment17
pursuant to section 25-5-427 OR 25-5-429.18
(II) Absent sampling and testing standards established by the19
department of public health and environment for the sampling and testing20
of a hemp product, a person transferring a hemp product to a medical21
marijuana store pursuant to this section shall comply with sampling and22
testing standards consistent with those established by the state licensing23
authority pursuant to this article 10. The state licensing authority shall24
report to the department of public health and environment any25
investigations or findings of violations of this section by a person26
registered pursuant to section 25-5-427.27
SB26-161-18-
(6) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN1
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING2
CANNABIS PRODUCT FROM A MEDICAL MARIJUANA STORE AND SUBMIT THE3
COLLECTED SAMPLE TO A LICENSED MEDICAL MARIJUANA TESTING4
FACILITY IN ACCORDANCE WITH THE RULES ADOPTED PURSUANT TO5
SECTION 25-5-429 (6).6
(b) A medical marijuana store may provide except as required by7
section 44-10-203 (2)(d), a sample of its products to a LICENSED MEDICAL8
MARIJUANA TESTING facility that has a medical marijuana testing facility9
license from the state licensing authority for testing and research10
purposes. A medical marijuana store shall maintain a record of what was11
provided to the testing facility, the identity of the testing facility, and the12
results of the testing.13
SECTION 13. In Colorado Revised Statutes, 44-10-502, amend14
(3); and repeal (5)(d)(III) as follows:15
44-10-502. Medical marijuana cultivation facility license -16
centralized distribution permit - obtaining genetic material - transfer17
and change of designation of retail marijuana to medical marijuana18
- contingency plan - rules - definitions.19
(3) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN20
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING21
CANNABIS PRODUCT FROM A MEDICAL MARIJUANA CULTIVATION FACILITY22
AND SUBMIT THE COLLECTED SAMPLE TO A LICENSED MEDICAL MARIJUANA23
TESTING FACILITY IN ACCORDANCE WITH THE RULES ADOPTED PURSUANT24
TO SECTION 25-5-429 (6).25
(b) A medical marijuana cultivation facility may provide except26
as required by section 44-10-203 (2)(d), a sample of its products to a27
SB26-161-19-
facility that has a LICENSED medical marijuana testing facility license1
from the state licensing authority for testing and research purposes. A2
medical marijuana cultivation facility shall maintain a record of what was3
provided to the testing facility, the identity of the testing facility, and the4
testing results.5
(5) (d) To provide an R-and-D unit, the R-and-D unit must be:6
(III) Tested in accordance with the rules adopted under section7
44-10-203 (2)(d);8
SECTION 14. In Colorado Revised Statutes, 44-10-503, amend9
(5)(b) and (8); and repeal (10)(d)(III) as follows:10
44-10-503. Medical marijuana products manufacturer license11
- hemp products - R-and-D units - transfer and change of designation12
of retail marijuana to medical marijuana - rules - definition.13
(5) (b) (I) A medical marijuana products manufacturer that uses14
a hemp product as an ingredient in a medical marijuana product shall15
ensure that the hemp product has passed all testing required by rules16
adopted by the state licensing authority pursuant to section 44-10-20317
(2)(d). Prior to taking possession of the A hemp product, a medical18
marijuana products manufacturer shall verify the hemp product passed all19
testing required for medical marijuana products at a licensed medical20
marijuana testing facility and that the person transferring the hemp21
product has received a registration from the department of public health22
and environment pursuant to section 25-5-427 OR 25-5-429.23
(II) Absent sampling and testing standards established by the24
department of public health and environment for the sampling and testing25
of a hemp product, a person transferring a hemp product to a medical26
marijuana products manufacturer pursuant to this section shall comply27
SB26-161-20-
with sampling and testing standards consistent with those established by1
the state licensing authority pursuant to this article 10. The state licensing2
authority shall report to the department of public health and environment3
any investigations or findings of violations of this section by a person4
registered pursuant to section 25-5-427.5
(8) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN6
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING7
CANNABIS PRODUCT FROM A MEDICAL MARIJ UANA PRODUCTS8
MANUFACTURER AND SUBMIT THE COLLECTED SAMPLE TO A LICENSED9
MEDICAL MARIJUANA TESTING FACILITY IN ACCORDANCE WITH THE RULES10
ADOPTED PURSUANT TO SECTION 25-5-429 (6).11
(b) A medical marijuana products manufacturer may provide12
except as required by section 44-10-203 (2)(d), a sample of its products13
to a facility that has a LICENSED medical marijuana testing facility license14
from the state licensing authority for testing and research purposes. A15
medical marijuana products manufacturer shall maintain a record of what16
was provided to the testing facility, the identity of the testing facility, and17
the results of the testing.18
(10) (d) To provide an R-and-D unit, the R-and-D unit must be:19
(III) Tested in accordance with the rules adopted under section20
44-10-203 (2)(d);21
SECTION 15. In Colorado Revised Statutes, 44-10-505, amend22
(3) as follows:23
44-10-505. Medical marijuana transporter license - definition.24
(3) A medical marijuana transporter licensee shall use the25
seed-to-sale tracking system developed pursuant to section 44-10-20226
(1)(a) to create shipping manifests documenting the transport of medical27
SB26-161-21-
marijuana and medical marijuana products throughout the state.1
SECTION 16. In Colorado Revised Statutes, 44-10-601, amend2
(3)(c) and (4) as follows:3
44-10-601. Retail marijuana store license - rules - definitions.4
(3) (c) (I) A retail marijuana store that sells a hemp product shall5
ensure that the hemp product has passed all testing required by rules6
adopted by the state licensing authority pursuant to section 44-10-2037
(2)(d). Prior to taking possession of the A hemp product, a retail8
marijuana store shall verify the hemp product passed all testing required9
for retail marijuana products at a licensed retail marijuana testing facility10
and that the person transferring the hemp product has received a11
registration from the department of public health and environment12
pursuant to section 25-5-427 OR 25-5-429.13
(II) Absent sampling and testing standards established by the14
department of public health and environment for the sampling and testing15
of a hemp product, a person transferring a hemp product to a retail16
marijuana store pursuant to this section shall comply with sampling and17
testing standards consistent with those established by the state licensing18
authority pursuant to this article 10. The state licensing authority shall19
report to the department of public health and environment any20
investigations or findings of violations of this section by a person21
registered pursuant to section 25-5-427.22
(4) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN23
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING24
CANNABIS PRODUCT FROM A RETAIL MARIJUANA STORE AND SUBMIT EACH25
COLLECTED SAMPLE TO A LICENSED RETAIL MARIJUANA TESTING FACILITY.26
(b) A retail marijuana store may provide except as required by27
SB26-161-22-
section 44-10-203 (2)(d), a sample of its products to a facility that has a1
LICENSED RETAIL marijuana testing facility license from the state licensing2
authority for testing and research purposes. A retail marijuana store shall3
maintain a record of what was provided to the testing facility, the identity4
of the testing facility, and the results of the testing.5
SECTION 17. In Colorado Revised Statutes, 44-10-602, amend6
(4); and repeal (6)(d)(III) as follows:7
44-10-602. Retail marijuana cultivation facility license -8
R-and-D units - centralized distribution permit - genetic material -9
transfer and change of designation of retail marijuana to medical10
marijuana - contingency plan - rules - definitions.11
(4) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN12
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING13
CANNABIS PRODUCT FROM A RETAIL MARIJUANA CULTIVATION FACILITY14
AND SUBMIT THE COLLECTED SAMPLE TO A LICENSED RETAIL MARIJUANA15
TESTING FACILITY IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO16
SECTION 25-5-429 (6).17
(b) A retail marijuana cultivation facility may provide except as18
required by section 44-10-203 (2)(d), a sample of its products to a facility19
that has a LICENSED retail marijuana testing facility license from the state20
licensing authority for testing and research purposes. A retail marijuana21
cultivation facility shall maintain a record of what was provided to the22
testing facility, the identity of the testing facility, and the testing results.23
(6) (d) To provide an R-and-D unit, the R-and-D unit must be:24
(III) Tested in accordance with the rules adopted under section25
44-10-203 (2)(d);26
SECTION 18. In Colorado Revised Statutes, 44-10-603, amend27
SB26-161-23-
(6) and (11)(a); and repeal (10)(c)(III) as follows:1
44-10-603. Retail marijuana products manufacturer license -2
rules - definition.3
(6) (a) F OR FINISHED PRODUCT TESTING PURPOSES , AN4
AUTHORIZED SAMPLER SHALL COLLECT A SAMPLE OF AN INTOXICATING5
CANNABIS PRODUCT FROM A RETAIL MARIJ UANA PRODUCTS6
MANUFACTURER AND SUBMIT THE COLLECTED SAMPLE TO A LICENSED7
RETAIL MARIJUANA TESTING FACILITY IN ACCORDANCE WITH RULES8
ADOPTED PURSUANT TO SECTION 25-5-429 (6).9
(b) A retail marijuana products manufacturer may provide except10
as required by section 44-10-203 (2)(d), a sample of its products to a11
facility that has a LICENSED retail marijuana testing facility license from12
the state licensing authority for testing and research purposes. A retail13
marijuana products manufacturer shall maintain a record of what was14
provided to the testing facility, the identity of the testing facility, and the15
results of the testing.16
(10) (c) To provide an R-and-D unit, the R-and-D unit must be:17
(III) Tested in accordance with the rules adopted under section18
44-10-203 (2)(d);19
(11) (a) A retail marijuana products manufacturer that uses a20
hemp product as an ingredient in a retail marijuana product shall ensure21
that the hemp product has passed all testing required by rules adopted by22
the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to23
taking possession of the A hemp product, a retail marijuana products24
manufacturer shall verify that the hemp product passed all testing25
required for retail marijuana products at a licensed retail marijuana testing26
facility and that the person transferring the hemp product has received a27
SB26-161-24-
registration from the department of public h ealth and environment1
pursuant to section 25-5-427 OR 25-5-429.2
SECTION 19. In Colorado Revised Statutes, 44-10-604, repeal3
(2) as follows:4
44-10-604. Retail marijuana testing facility license.5
(2) The state licensing authority shall promulgate rules pursuant6
to its authority in section 44-10-202 (1)(c) related to acceptable testing7
and research practices, including but not limited to testing, standards,8
quality control analysis, equipment certification and calibration, and9
chemical identification and other substances used in bona fide research10
methods.11
SECTION 20. In Colorado Revised Statutes, 44-10-605, amend12
(3) as follows:13
44-10-605. Retail marijuana transporter license - definition.14
(3) A retail marijuana transporter licensee shall use the15
seed-to-sale tracking system developed pursuant to section 44-10-20216
(1)(a) to create shipping manifests documenting the transport of retail17
marijuana and retail marijuana products throughout the state.18
SECTION 21. In Colorado Revised Statutes, 44-10-901, add (8)19
as follows:20
44-10-901. Suspension - corrective action plans.21
(8) (a) THE STATE LICENSING AUTHORITY, UPON REFERRAL BY THE22
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO23
SECTION 25-5-429 (7):24
(I) M AY REQUIRE A CORRECTIVE ACTION PLAN AND IMPOSE A25
MINIMUM THIRTY-DAY PROBATIONARY OPERATION PERIOD; OR26
(II) MAY IMPOSE A LICENSE SUSPENSION OF AT LEAST THIRTY DAYS27
SB26-161-25-
BUT NO MORE THAN THREE HUNDRED SIXTY-FIVE DAYS.1
(b) T HE STATE LICENSING AUTHORITY SHALL IMPOSE THE2
DISCIPLINE IN THIS SECTION IN ACCORDANCE WITH PART 1 OF ARTICLE 4 OF3
TITLE 24.4
SECTION 22. In Colorado Revised Statutes, 25-5-427, amend5
(5)(a) and (8)(c) as follows:6
25-5-427. Classes of hemp-derived compounds and7
cannabinoids - definitions - registration required - prohibitions - safe8
harbor - rules.9
(5) Registration required - regulated hemp facilities -10
application - fees - repeal.11
(a) Beginning July 1, 2023, and on or before July 1 of each year12
thereafter, the owner of a regulated hemp facility shall submit a13
registration application to the department UNDER THIS SECTION OR UNDER14
SECTION 25-5-429. To submit an application, each hemp manufacturer or15
storage facility and each safe harbor manufacturer or storage facility must16
pay an annual application fee of one hundred dollars plus any additional17
registration fee specified in subsection (5)(b) of this section. Each18
registration expires on June 30 of the year for which the registration is19
issued, regardless of whether the registration was issued after July 1 for20
the year. Notwithstanding that a registration is valid for only a portion of21
a fiscal year, the application and registration fee do not change.22
(8) Offenses. It is unlawful to engage in or knowingly cause a23
person to engage in any of the following acts:24
(c) Manufacturing, producing, selling, distributing, or holding for25
sale or distribution a hemp product without registering with the26
department under this section OR SECTION 25-5-429;27
SB26-161-26-
SECTION 23. In Colorado Revised Statutes, add 25-5-429 as1
follows:2
25-5-429. Intoxicating cannabis products - testing - tracking3
- sampling - enforcement - study - legislative declaration - definitions4
- rules - repeal.5
(1) Definitions. T HE DEFINITIONS SET FORTH IN SECTION6
44-10-103 APPLY TO THIS SECTION. AS USED IN THIS SECTION, UNLESS THE7
CONTEXT OTHERWISE REQUIRES:8
(a) "AUTHORIZED SAMPLER" MEANS A PERSON EMPLOYED BY, OR9
UNDER CONTRACT WITH , THE DEPARTMENT OR A LICENSED TESTING10
FACILITY TO COLLECT COMPLIANCE SAMPLES OF INTOXICATING CANNABIS11
PRODUCTS, CONSISTENT WITH THE SAMPLING PROTOCOLS ESTABLISHED BY12
THE DEPARTMENT IN ACCORDANCE WITH SUBSECTION (6) OF THIS SECTION.13
(b) "C ONTENT DISCREPANCY " MEANS THAT A LABORATORY14
ANALYSIS, CONDUCTED THROUGH THE STATE REFERENCE LABORATORY OR15
OFF-SHELF SURVEILLANCE TESTING SYSTEM , DEMONSTRATES THAT THE16
VERIFIED CANNABINOID CONTENT OR CONTAMINANT CONTENT IN A17
SAMPLE EXCEEDS THE ALLOWABLE VARIANCE FROM LABELED CLAIMS18
ESTABLISHED BY THE DEPARTMENT.19
(c) (I) "I NTOXICATING CANNABIS PRODUCT " MEANS A PRODUCT20
INTENDED FOR HUMAN CONSUMPTION THAT CONTAINS AN INTOXICATING21
CANNABINOID.22
(II) "INTOXICATING CANNABIS PRODUCT" INCLUDES:23
(A) REGULATED MARIJUANA PRODUCTS; AND24
(B) A HEMP PRODUCT DESCRIBED IN SECTION 25-5-427 (8)(e)(I)(A)25
OR (8)(e)(I)(B).26
(III) "INTOXICATING CANNABIS PRODUCT" DOES NOT INCLUDE:27
SB26-161-27-
(A) AN INDUSTRIAL HEMP FIBER, GRAIN, OR SEED PRODUCT THAT1
IS NOT INTENDED FOR HUMAN CONSUMPTION; OR2
(B) A PRODUCT THAT CONTAINS A NONINTOXICATING3
CANNABINOID BUT DOES NOT CONTAIN AN INTOXICATING CANNABINOID.4
(d) "LICENSED TESTING FACILITY" MEANS A TESTING FACILITY OR5
LABORATORY THAT IS LICENSED PURSUANT TO ARTICLE 10 OF TITLE 44.6
(e) "LICENSEE" MEANS A PERSON LICENSED PURSUANT TO ARTICLE7
10 OF TITLE 44.8
(f) "O FF-SHELF SURVEILLANCE TESTING SYSTEM " MEANS THE9
OFF-SHELF SURVEILLANCE TESTING SYSTEM ESTABLISHED PURSUANT TO10
SUBSECTION (4) OF THIS SECTION.11
(g) "S TATE REFERENCE LABORATORY " MEANS THE REFERENCE12
LABORATORY ESTABLISHED PURSUANT TO SUBSECTION (5) OF THIS13
SECTION.14
(h) "TAXES AVOIDED" MEANS THE GREATER OF:15
(I) NOTHING; OR16
(II) THE DIFFERENCE BETWEEN TAXES THAT SHOULD HAVE BEEN17
ASSESSED AT PURCHASE BASED ON VERIFIED CANNABINOID CONTENT AND18
THE TAXES THAT WERE ACTUALLY ASSESSED AT PURCHASE BASED ON19
LABELED CANNABINOID CONTENT.20
(2) Registration required - intoxicating cannabis21
manufacturers - application - fees - rules.22
(a) THE DEPARTMENT HAS THE POWERS AND DUTIES TO:23
(I) GRANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION24
(2)(b) OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF25
A REGISTRATION;26
(II) S USPEND, DENY , OR REVOKE A REGISTRATION UNDER27
SB26-161-28-
CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES ADOPTED1
UNDER THIS SECTION;2
(III) R EVIEW THE RECORDS OF A REGISTRANT THAT3
MANUFACTURES FOR DISTRIBUTION , PRODUCES FOR DISTRIBUTION ,4
PACKAGES FOR DISTRIBUTION, PROCESSES FOR DISTRIBUTION, PREPARES5
FOR DISTRIBUTION , TREATS FOR DISTRIBUTION , TRANSPORTS FOR6
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION PRODUCTS SUBJECT TO THIS7
SECTION AS NECESSARY TO VERIFY COMPLIANCE WITH THIS SECTION OR8
RULES ADOPTED UNDER THIS SECTION;9
(IV) A DOPT RULES THAT ARE NECESSARY FOR THE FAIR ,10
IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS PART 4 WITH11
RESPECT TO INTOXICATING CANNABIS PRODUCTS;12
(V) ISSUE A CEASE -AND-DESIST ORDER OR CLEAN -UP ORDER TO13
ADDRESS VIOLATIONS OF THIS SECTION;14
(VI) CONDUCT INSPECTIONS OF INTOXICATING CANNABIS PRODUCT15
FACILITIES IN ACCORDANCE WITH SECTION 25-5-421 TO ENSURE16
COMPLIANCE WITH THIS SECTION; AND17
(VII) CONDUCT TESTING OF INTOXICATING CANNABIS PRODUCTS18
AT ANY POINT OF THE SUPPLY CHAIN TO:19
(A) ENSURE THAT INTOXICATING CANNABIS PRODUCTS COMPLY20
WITH THIS SECTION OR RULES ADOPTED UNDER THIS SECTION OR ARTICLE21
10 OF TITLE 44 OR RULES ADOPTED UNDER ARTICLE 10 OF TITLE 44;22
(B) ENSURE THE SAFETY OF INTOXICATING CANNABIS PRODUCTS;23
(C) DETERMINE THE SOURCE OF CONTAMINANTS; OR24
(D) MAKE ANY FINDINGS NECESSARY TO ENFORCE THIS SECTION25
OR RULES ADOPTED UNDER THIS SECTION OR ARTICLE 10 OF TITLE 44 OR26
RULES ADOPTED UNDER ARTICLE 10 OF TITLE 44.27
SB26-161-29-
(b) (I) B EGINNING JULY 1, 2027, AND ON OR BEFORE JULY 1 OF1
EACH YEAR THEREAFTER, THE OWNER OF A BUSINESS THAT PRODUCES OR2
INTENDS TO PRODUCE AN INTOXICATING CANNABIS PRODUCT SHALL3
SUBMIT A REGISTRATION APPLICATION TO THE DEPARTMENT. TO SUBMIT4
AN APPLICATION, THE OWNER MUST PAY AN APPLICATION FEE SPECIFIED IN5
SUBSECTION (2)(b)(II) OF THIS SECTION PLUS AN ANNUAL REGISTRATION6
FEE SPECIFIED IN SUBSECTION (2)(b)(III) OF THIS SECTION . EACH7
REGISTRATION EXPIRES ON JUNE 30 OF THE YEAR FOR WHICH THE8
REGISTRATION IS ISSUED, REGARDLESS OF WHETHER THE REGISTRATION9
WAS ISSUED AFTER JULY 1 FOR THE STATE FISCAL YEAR .10
NOTWITHSTANDING THAT A REGISTRATION IS VALID FOR ONLY A PORTION11
OF A FISCAL YEAR , THE APPLICATION AND REGISTRATION FEE DO NOT12
CHANGE.13
(II) THE DEPARTMENT SHALL SET THE APPLICATION FEE TO OFFSET14
THE DIRECT AND INDIRECT COST OF PROCESSING THE APPLICATIONS FOR15
REGISTRATION ISSUED UNDER THIS SUBSECTION (2).16
(III) THE DEPARTMENT SHALL SET THE ANNUAL REGISTRATION FEE17
TO OFFSET THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THIS18
SECTION, EXCLUDING PROCESSING THE APPLICATIONS FOR REGISTRATION19
ISSUED UNDER THIS SUBSECTION (2).20
(c) A REGISTRATION ISSUED UNDER THIS SUBSECTION (2) IS21
SUBJECT TO SUSPENSION OR REVOCATION, IN ACCORDANCE WITH ARTICLE22
4 OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES23
ADOPTED UNDER THIS PART 4.24
(d) A REGISTRANT THAT VIOLATES THIS SECTION OR RULES25
ADOPTED UNDER THIS SECTION IS SUBJECT TO THE PENALTIES ESTABLISHED26
IN SUBSECTION (7) OF THIS SECTION.27
SB26-161-30-
(e) A N INTOXICATING CANNABIS PRODUCT PRODUCED BY A1
REGISTRANT IS DEEMED NOT ADULTERATED , AS DEFINED IN SECTIONS2
25-5-410 AND 25-5-416, UNLESS THE PRODUCT MEETS ONE OR MORE OF3
THE CRITERIA FOR ADULTERATION SET FORTH IN SECTION 25-5-410 OR4
25-5-416.5
(f) THE STATE TREASURER SHALL CREDIT THE FEES COLLECTED IN6
ACCORDANCE WITH SUBSECTION (2)(b) OF THIS SECTION TO THE7
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH8
FUND ESTABLISHED IN SECTION 25-5-426 (5).9
(3) Testing - tracking - research and development - rules -10
repeal. THE DEPARTMENT SHALL:11
(a) [Similar to 44-10-203 (2)(d)(I)] ADOPT RULES ESTABLISHING12
AN INTOXICATING CANNABIS PRODUCTS INDEPENDENT TESTING AND13
CERTIFICATION PROGRAM FOR MARIJUANA BUSINESS LICENSEES REQUIRING14
INTOXICATING CANNABIS PRODUCTS BE TESTED TO ENSURE , AT A15
MINIMUM, THAT PRODUCTS SOLD FOR HUMAN CONSUMPTION DO NOT16
CONTAIN CONTAMINANTS , INCLUDING MICROBIAL AND RESIDUAL17
SOLVENTS AND CHEMICAL AND BIOLOGICAL CONTAMINANTS , IN AN18
AMOUNT THAT IS INJURIOUS TO HEALTH AND TO ENSURE CORRECT19
LABELING. THE FOLLOWING PROVISIONS APPLY TO TESTING UNDER THE20
RULES:21
(I) (A) IF TEST RESULTS INDICATE THE PRESENCE OF A SUBSTANCE22
IN AN AMOUNT DETERMINED TO BE INJURIOUS TO HEALTH , THE RULES23
MUST REQUIRE THE MEDICAL MARIJUANA OR RETAIL MARIJUANA TESTING24
FACILITY LICENSEE TO IMMEDIATELY NOTIFY THE DEPARTMENT AND THE25
STATE LICENSING AUTHORITY.26
(B) [Similar to 44-10-203 (2)(d)(IV)(A)] TESTING MUST ALSO27
SB26-161-31-
VERIFY INTOXICATING CANNABINOID POTENCY REPRESENTATIONS AND1
HOMOGENEITY FOR CORRECT LABELING AND PROVIDE A CANNABINOID2
PROFILE FOR THE INTOXICATING CANNABIS PRODUCT.3
(C) [Similar to 44-10-203 (2)(d)(VI)] THE RULES MUST INCLUDE4
THE PROTOCOLS AND FREQUENCY OF INTOXICATING CANNABIS PRODUCT5
TESTING BY AUTHORIZED SAMPLERS.6
(D) [Similar to 44-10-203 (2)(d)(VII)] A STATE , LOCAL , OR7
MUNICIPAL AGENCY SHALL NOT EMPLOY OR USE THE RESULTS OF A TEST8
OF INTOXICATING CANNABIS PRODUCTS CONDUCTED BY AN ANALYTICAL9
LABORATORY THAT IS NOT ACCREDITED TO THE INTERNATIONAL10
ORGANIZATION FOR STANDARDIZATION /I NTERNATIONAL11
ELECTROTECHNICAL COMMISSION 17025:2005 STANDARD , OR ANY12
SUBSEQUENT SUPERSEDING STANDARD, IN THAT FIELD OF TESTING.13
(II) (A) IN ADOPTING THE RULES REQUIRED IN THIS SUBSECTION14
(3)(a), THE DEPARTMENT SHALL NOT REQUIRE A LICENSEE TO TEST AN15
INTOXICATING CANNABIS PRODUCT UNTIL THE PRODUCT IS PACKAGED FOR16
RETAIL SALE OR DISTRIBUTION TO CONSUMERS . THIS SUBSECTION17
(3)(a)(II)(A) DOES NOT SUPERSEDE THE AUTHORITY GRANTED IN18
SUBSECTION (2)(a)(VII) OF THIS SECTION.19
(B) A LICENSEE MUST OBTAIN TESTING OF ITS INTOXICATING20
CANNABIS PRODUCTS AT A LICENSED TESTING FACILITY . THE LICENSED21
TESTING FACILITY MAY CHARGE THE LICENSEE TO CONDUCT THE TESTING.22
(C) ON OR AFTER JULY 1, 2027, A MEMBER OF THE PUBLIC WHO23
MAY LEGALLY PURCHASE AN INTOXICATING CANNABIS PRODUCT MAY24
OBTAIN TESTING OF AN INTOXICATING CANNABIS PRODUCT AT THE STATE25
REFERENCE LABORATORY OR A LICENSED TESTING FACILITY. THE STATE26
REFERENCE LABORATORY OR LICENSED TESTING FACILITY MAY CHARGE27
SB26-161-32-
THE PURCHASER TO CONDUCT THE TESTING.1
(b) USE THE SEED-TO-SALE TRACKING SYSTEM TO IMPLEMENT THIS2
SECTION;3
(c) [Similar to 44-10-203 (10)(a)] ADOPT RULES TO ENABLE A4
LICENSEE TO CONDUCT RESEARCH AND DEVELOPMENT USING R-AND-D5
UNITS WHEN EVALUATING DIFFERENT FLAVORS AND NONMARIJUANA6
INGREDIENTS, BUT A LICENSEE SHALL NOT TRANSFER R-AND-D UNITS TO7
A REGULATED MARIJUANA STORE;8
(d) ADOPT RULES MAKING THE FOLLOWING AVAILABLE FOR PUBLIC9
INSPECTION VIA AN ONLINE PORTAL:10
(I) ADVERSE HEALTH REPORTS, INCLUDING INFORMATION RELATED11
TO THE PRODUCT MANUFACTURER AND BASIS FOR THE REPORT , WITH12
PERSONALLY IDENTIFIABLE INFORMATION RELATED TO AN AFFECTED13
CUSTOMER REDACTED;14
(II) TEST RESULTS OF ALL PRODUCTS SOLD TO THE PUBLIC; AND15
(III) DATA CONTAINED IN THE SEED-TO-SALE TRACKING SYSTEM;16
EXCEPT THAT THE DATA MUST BE PROVIDED IN AN AGGREGATE FORM WITH17
NO PERSONALLY IDENTIFIABLE INFORMATION OR WITH PERSONALLY18
IDENTIFIABLE INFORMATION RELATED TO AN AFFECTED CUSTOMER19
REDACTED; AND20
(e) (I) ADOPT THE RULES DESCRIBED IN THIS SUBSECTION (3) ON OR21
BEFORE JULY 1, 2027. UNTIL THE DEPARTMENT ADOPTS THE RULES22
DESCRIBED IN THIS SUBSECTION (3), ALL RULES AND ORDERS OF THE STATE23
LICENSING AUTHORITY CONTINUE TO BE EFFECTIVE AND SHALL BE24
ENFORCED BY THE DEPARTMENT UNTIL SUPERSEDED , AMENDED ,25
REPEALED, OR NULLIFIED PURSUANT TO LAW.26
(II) THIS SUBSECTION (3)(e) IS REPEALED, EFFECTIVE JULY 1, 2028.27
SB26-161-33-
(4) Off-shelf surveillance testing system.1
(a) T HE DEPARTMENT , IN CONSULTATION WITH THE STATE2
LICENSING AUTHORITY, SHALL ESTABLISH AND OPERATE A STATEWIDE3
OFF-SHELF SURVEILLANCE TESTING SYSTEM FOR INTOXICATING CANNABIS4
PRODUCTS THAT INCLUDES:5
(I) SAMPLING OF PRODUCTS PACKAGED FOR SALE OR DISTRIBUTION6
TO CONSUMERS;7
(II) V ALIDATING CONTENT CLAIMS TO PROTECT CONSUMER8
HEALTH AND SAFETY;9
(III) DETECTION OF CONTAMINANTS IN AMOUNTS DETERMINED TO10
BE INJURIOUS TO HEALTH;11
(IV) P UBLISHING PRODUCT-LEVEL TRACEABILITY AND TESTING12
DATA; AND13
(V) MANDATING IMMEDIATE CORRECTIVE ACTION.14
(b) T HE DEPARTMENT SHALL MAKE THE TESTING SYSTEM FOR15
CONTENT CLAIMS REQUIRED BY SUBSECTION (4)(a)(II) OF THIS SECTION16
OPERATIONAL ON OR BEFORE JULY 1, 2027. THE DEPARTMENT SHALL17
ESTABLISH THE IMPLEMENTATION TIME FRAME FOR THE CONTAMINANT18
TESTING REQUIRED BY SUBSECTION (4)(a)(III) OF THIS SECTION, BUT THE19
DEPARTMENT SHALL IMPLEMENT CONTAMINANT TESTING BY JANUARY 1,20
2030. CONTAMINANT TESTING MAY BE PHASED IN OVER THE COURSE OF21
TWELVE TO EIGHTEEN MONTHS TO ACCOMMODATE LABORATORY22
CAPACITY AND REGULATORY ALIGNMENT.23
(5) State reference laboratory. ON OR BEFORE JANUARY 1, 2027,24
THE DEPARTMENT , IN CONSULTATION WITH THE STATE LICENSING25
AUTHORITY, SHALL ESTABLISH A REFERENCE LABORATORY FOR26
INTOXICATING CANNABIS PRODUCTS THAT:27
SB26-161-34-
(a) MAINTAINS VALIDATED METHODS AND BENCHMARKS;1
(b) P ROVIDES OR VALIDATES REFERENCE MATERIALS OR2
PROFICIENCY SAMPLES;3
(c) SUPPORTS ALIGNMENT CHECKS BETWEEN LICENSED TESTING4
FACILITIES AND THE STATE REFERENCE LABORATORY;5
(d) P ROVIDES SURVEILLANCE TESTING SERVICES TO THE6
DEPARTMENT AND THE STATE LICENSING AUTHORITY; AND7
(e) OFFERS, FOR A FEE, TESTING SERVICES TO THE PUBLIC.8
(6) Authorized sampling - rules. THE DEPARTMENT SHALL ADOPT9
RULES REGARDING THE SAMPLING OF INTOXICATING CANNABIS PRODUCTS10
AT RETAIL. THE RULES MUST INCLUDE:11
(a) MINIMUM TRAINING AND DOCUMENTATION REQUIREMENTS FOR12
AN AUTHORIZED SAMPLER;13
(b) R EQUIREMENTS FOR CHAIN OF CUSTODY AND SAMPLE14
HANDLING;15
(c) METHODS FOR ENSURING REPRESENTATIVENESS OF SAMPLES;16
(d) E NFORCEMENT MECHANISMS FOR NONCOMPLIANCE WITH17
SAMPLING REQUIREMENTS; AND18
(e) T HE SAFE AND LAWFUL TRANSPORT OF INTOXICATING19
CANNABIS PRODUCTS BETWEEN A LICENSED BUSINESS AND A TESTING20
LABORATORY.21
(7) Labeling and content claim requirements - enforcement -22
penalties.23
(a) THE DEPARTMENT SHALL ENFORCE LABELING REQUIREMENTS24
ESTABLISHED BY THE STATE LICENSING AUTHORITY PURSUANT TO SECTION25
44-10-203 (2)(f) AND ANY ADDITIONAL CONTENT CLAIM REQUIREMENTS26
ESTABLISHED BY RULE PURSUANT TO SUBSECTION (3) OF THIS SECTION.27
SB26-161-35-
(b) THE DEPARTMENT SHALL TEST FOR:1
(I) L ABELING DISCREPANCIES INVOLVING AN INTOXICATING2
CANNABINOID OR A NONINTOXICATING CANNABINOID; OR3
(II) C ONTAMINANT LEVELS IN AN INTOXICATING CANNABIS4
PRODUCT THAT EXCEED ALLOWABLE THRESHOLDS FOR AN INTOXICATING5
CANNABIS PRODUCT.6
(c) I F TESTING DEMONSTRATES A DISCREPANCY OR7
CONTAMINATION DESCRIBED IN SUBSECTION (7)(b) OF THIS SECTION OR A8
FAILURE TO COMPLY WITH THE RULES ADOPTED UNDER SUBSECTION (3) OF9
THIS SECTION, THE DEPARTMENT MAY:10
(I) ORDER AN IMMEDIATE QUARANTINE OF THE UNSOLD PRODUCTS11
FROM THE PRODUCTION BATCH;12
(II) A UTHORIZE THE LICENSEE TO RELABEL A QUARANTINED13
PRODUCT TO REFLECT THE ACTUAL CONTENT , AND THE DEPARTMENT14
SHALL REMOVE THE QUARANTINE ON APPROPRIATELY RELABELED15
PRODUCTS;16
(III) O RDER THE DESTRUCTION OF PRODUCTS THAT CONTAIN17
CONTAMINANT LEVELS EXCEEDING ALLOWABLE THRESHOLDS FOR18
INTOXICATING CANNABIS PRODUCTS;19
(IV) ISSUE A PUBLIC RECALL NOTICE AND ORDER AFFECTED RETAIL20
LOCATIONS TO POST SIGNAGE AT THE AFFECTED RETAIL LOCATIONS;21
(V) IMPOSE A CIVIL PENALTY ON THE LICENSEE IN AN AMOUNT:22
(A) AT LEAST EQUAL TO THE GREATER OF ONE HUNDRED PERCENT23
OF TAXES AVOIDED DUE TO INACCURATE LABELING OR TEN PERCENT OF24
THE TOTAL RETAIL VALUE OF THE PRODUCTS SOLD TO CONSUMERS; AND25
(B) NOT MORE THAN EQUAL TO THE GREATER OF TWENTY -FIVE26
THOUSAND DOLLARS OR THE TOTAL RETAIL VALUE OF THE PRODUCTS SOLD27
SB26-161-36-
TO CONSUMERS; AND1
(VI) (A) R EFER THE VIOLATION TO THE STATE LICENSING2
AUTHORITY FOR A CORRECTIVE ACTION PLAN AND PROBATIONARY3
OPERATION PERIOD ORDERED PURSUANT TO SECTION 44-10-901 (8); OR4
(B) REFER THE VIOLATION TO THE STATE LICENSING AUTHORITY5
FOR A LICENSE SUSPENSION ORDERED PURSUANT TO SECTION 44-10-9016
(8).7
(d) THE DEPARTMENT SHALL ADOPT RULES THAT:8
(I) CLASSIFY THE DISCREPANCIES OR CONTAMINATIONS DESCRIBED9
IN SUBSECTION (7)(b) OF THIS SECTION OR FAILURES TO COMPLY WITH THE10
RULES ADOPTED UNDER SUBSECTION (3) OF THIS SECTION; AND11
(II) SETS THE APPROPRIATE ORDERS AND PENALTIES AUTHORIZED12
IN SUBSECTION (7)(c) OF THIS SECTION FOR EACH CLASSIFICATION13
CREATED IN ACCORDANCE WITH SUBSECTION (7)(d)(I) OF THIS SECTION IN14
ORDER TO PROTECT THE PUBLIC HEALTH AND SAFETY.15
(e) EXCEPT FOR A REFERRAL TO THE STATE LICENSING AUTHORITY16
MADE UNDER SUBSECTION (7)(c)(VI) OF THIS SECTION , DISCIPLINARY17
PROCEEDINGS, HEARINGS , AND OPPORTUNITY FOR REVIEW MUST BE18
CONDUCTED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24. TO PROTECT19
CONSUMER SAFETY , THE FILING OF AN APPEAL DOES NOT STAY A20
QUARANTINE OR RECALL ORDER ISSUED BY THE DEPARTMENT.21
(8) Enforcement - violations.22
(a) UNLESS THE DEPARTMENT APPROVES, A COUNTY, A DISTRICT23
CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND24
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES25
REGISTERED IN ACCORDANCE WITH THIS SECTION.26
(b) EXCEPT AS PROVIDED IN SUBSECTION (7) OF THIS SECTION, A27
SB26-161-37-
PERSON THAT VIOLATES THIS SECTION, THE RULES ADOPTED UNDER THIS1
SECTION, OR A FINAL CEASE -AND-DESIST ORDER OR CLEAN -UP ORDER IS2
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT UP TO TEN THOUSAND3
DOLLARS PER DAY PER VIOLATION.4
(c) T HE STATE TREASURER SHALL CREDIT CIVIL PENALTIES5
IMPOSED UNDER THIS SECTION TO THE WHOLESALE FOOD MANUFACTURING6
AND STORAGE PROTECTION CASH FUND ESTABLISHED IN SECTION 25-5-4267
(5).8
SECTION 24. Applicability. This act applies to conduct9
occurring on or after the effective date of this act.10
SECTION 25. Refer to people under referendum. At the11
election held on November 3, 2026, the secretary of state shall submit this12
act by its ballot title to the registered electors of the state for their13
approval or rejection. Each elector voting at the election may cast a vote14
either "Yes/For" or "No/Against" on the following ballot title: " SHALL15
STATE TAXES BE INCREASED $___ ANNUALLY BY A CHANGE TO THE16
COLORADO REVISED STATUTES AMENDING EXISTING LAW17
CONCERNING CANNABIS -RELATED PRODUCTS , AND , IN CONNECTION18
THEREWITH, CHANGING THE BASIS FOR MARIJUANA EXCISE AND SALES19
TAXES FROM A PERCENTAGE OF PRICE TO THE AMOUNT OF20
INTOXICATING CANNABIS CONTENT, MOVING THE TESTING AND SAFETY21
ELEMENTS OF INTOXICATING CANNABIS REGULATION FROM THE22
DEPARTMENT OF REVENUE TO TH E DEPARTMENT OF PUBLIC HEALTH23
AND ENVIRONMENT, REQUIRING INTOXICATING CANNABIS PRODUCERS24
TO BE REGISTERED WITH THE DEPARTMENT OF PUBLIC HEALTH AND25
ENVIRONMENT, AND CHANGING THE TESTING OF MARIJUANA." Except26
as otherwise provided in section 1-40-123, Colorado Revised Statutes, if27
SB26-161-38-
a majority of the electors voting on the ballot title vote "Yes/For", then1
the act will become part of the Colorado Revised Statutes.2
SB26-161-39-