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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0146.02 Christopher McMichael x4775 SENATE BILL 26-164
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING THE REGULATION OF LAWFUL THC BEVERAGES.101
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
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill regulates the manufacture, distribution, sale, and
consumption of lawful tetrahydrocannabinol (THC) beverages. A "lawful
THC beverage" is defined as a nonalcoholic beverage product that is
infused with THC derived from a legal source of hemp that contains no
more than 10 milligrams of total THC per serving.
The bill permits a person that is registered (registrant) with the
department of public health and environment (CDPHE) as a hemp
products manufacturer to manufacture lawful THC beverages if the
SENATE SPONSORSHIP
Gonzales J.,
HOUSE SPONSORSHIP
Martinez and Woodrow,
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.
registrant uses an approved source of hemp, complies with rules adopted
by the CDPHE related to product labeling, production, and transportation,
and sells the lawful THC beverages under certain circumstances.
A registrant that manufactures a lawful THC beverage shall only
sell the lawful THC beverage to a wholesaler that is licensed by the state
licensing authority in the department of revenue (DOR). The bill prohibits
manufacturers from selling lawful THC beverages directly to a retail
licensee or directly to a consumer.
The bill directs the CDPHE to adopt rules related to the labeling,
packaging, and consumer notice requirements for lawful THC beverages
on or before January 1, 2028. A manufacturer of a lawful THC beverage
shall also adhere to the testing standards and requirements adopted by the
CDPHE for hemp products.
A person licensed by the state licensing authority in the DOR
(licensee) may sell a lawful THC beverage to a consumer if the licensee
obtains a lawful THC beverage permit. A licensee must apply to the state
licensing authority for the lawful THC beverage permit, and, if the lawful
THC beverage permit is granted, the licensee may sell a lawful THC
beverage under the rules of their existing license and additional rules
adopted by the DOR specific to the sale of a lawful THC beverage. A
licensee shall not:
! Sell a lawful THC beverage to an individual under 21 years
old;
! Sell a lawful THC beverage to an individual who is visibly
intoxicated;
! Allow a lawful THC beverage to be removed from the
premises if the beverage is sold for on-site consumption;
! Permit the use of marijuana or marijuana products on the
premises; or
! Mix a lawful THC beverage and an alcohol beverage in the
same container.
The bill prohibits the manufacture or sale of lawful THC
beverages that are made from synthetic or semi-synthetic cannabinoids.
The bill directs the DOR, in consultation with the CDPHE, to
adopt rule s related to the sale, transportation, inventory, recall, and
seizure of lawful THC beverages.
The bill permits a local government to prohibit the sale of lawful
THC beverages within the local government's jurisdiction.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 25-5-427.5 as2
follows:3
SB26-164-2-
25-5-427.5. Regulation of lawful THC beverages -1
manufacture of lawful THC beverages - registration - permit -2
labeling requirements - definitions - rules.3
(1) Definitions. A S USED IN THIS SECTION , UNLESS CONTEXT4
OTHERWISE REQUIRES:5
(a) "APPROVED SOURCE" MEANS:6
(I) C ULTIVATED HEMP FROM A STATE THAT HAS AN APPROVED7
UNITED STATES DEPARTMENT OF AGRICULTURE HEMP PROGRAM;8
(II) A PRODUCT FROM A WHOLESALE FOOD MANUFACTURER, HEMP9
PRODUCT MANUFACTURER, OR STORAGE FACILITY REGISTERED WITH THE10
DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-426;11
(III) A SUBSTANCE THAT IS DESIGNATED BY THE UNITED STATES12
FOOD AND DRUG ADMINISTRATION AS "GENERALLY RECOGNIZED AS SAFE"13
OR"GRAS";14
(IV) H EMP PRODUCTS OR INGREDIENTS FROM ANOTHER STATE15
THAT INSPECTS OR REGULATES HEMP PRODUCTS UNDER A FOOD SAFETY16
PROGRAM OR EQUIVALENT CRITERIA TO ENSURE SAFETY FOR HUMAN17
CONSUMPTION; OR18
(V) I F ANOTHER STATE DOES NOT INSPECT OR REGULATE HEMP19
PRODUCTS OR INGREDIENTS , THE OUT -OF-STATE HEMP SOURCE CAN20
DEMONSTRATE EQUIVALENCY BY:21
(A) MAINTAINING AN ANNUAL 21 CFR 111 OR 117 CERTIFICATION22
CONDUCTED BY A QUALIFIED AUDITOR;23
(B) P ROVIDING EVIDENCE OF THE CERTIFICATION REQUIRED BY24
SUBSECTION (1)(a)(V)(A) OF THIS SECTION TO THE REGISTERED HEMP25
FACILITY IN COLORADO; AND26
(C) PROVIDING DOCUMENTATION TO THE PURCHASER THAT ALL27
SB26-164-3-
SUPPLIED HEMP PRODUCTS OR INGREDIENTS HAVE PASSED TESTING1
REQUIREMENTS FOR POTENCY , MICROBIALS , MYCOTOXINS , PESTICIDES ,2
HEAVY METALS , AND RESIDUAL SOLVENTS IN ACCORDANCE WITH3
DEPARTMENT RULES.4
(b) "FEDERAL CONFORMITY TRIGGER" MEANS THE EFFECTIVE DATE5
OF ANY FEDERAL LAW THAT RESTRICTS OR PROHIBITS THE INTRODUCTION6
OF A HEMP PRODUCT , INCLUDING A LAWFUL THC BEVERAGE , INTO7
INTERSTATE COMMERCE.8
(c) "HEMP" HAS THE MEANING SET FORTH IN SECTION 25-5-4279
(2)(b).10
(d) "HEMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION11
25-5-427 (2)(d).12
(e) (I) "L AWFUL THC BEVERAGE " MEANS A NONALC OHOLIC13
BEVERAGE PRODUCT FORMULATED FOR HUMAN CONSUMPTION THAT IS14
INFUSED WITH TETRAHYDROCANNABINOL (THC) DERIVED FROM A LEGAL15
SOURCE OF HEMP IN COLORADO OR AN APPROVED SOURCE OF HEMP IN16
ANOTHER STATE AND THAT CONTAINS NO MORE THAN TEN MILLIGRAMS OF17
TOTAL TETRAHYDROCANNABINOL (THC) PER SERVING.18
(II) "LAWFUL THC BEVERAGE" DOES NOT INCLUDE A BEVERAGE19
PRODUCT THAT IS INFUSED WITH THC THAT IS DERIVED FROM:20
(A) REGULATED MARIJUANA;21
(B) A SEMI -SYNTHETIC CANNABINOID, AS DEFINED IN SECTION22
44-10-209 (2)(b); OR23
(C) A SYNTHETIC CANNABINOID , AS DEFINED IN SECTION24
44-10-209 (2)(c).25
(III) IN THE EVENT OF A FEDERAL CONFORMITY TRIGGER, "LAWFUL26
THC BEVERAGE" HAS THE MEANING SET FORTH IN SUBSECTIONS (1)(e)(I)27
SB26-164-4-
AND (1)(e)(II) OF THIS SECTION ; EXCEPT THAT THE LAWFUL THC1
BEVERAGE MUST BE:2
(A) INFUSED WITH THC DERIVED FROM A LEGAL SOURCE OF HEMP3
IN COLORADO;4
(B) MANUFACTURED OR PRODUCED IN COLORADO;5
(C) D ISTRIBUTED, OFFERED FOR SALE , AND SOLD SOLELY AT6
RETAIL STORES IN COLORADO THAT HAVE A LAWFUL THC BEVERAGE7
PERMIT ISSUED IN ACCORDANCE WITH SECTION 44-8-103; AND8
(D) NOT OFFERED FOR SALE OR DELIVERY OUTSIDE OF THE STATE.9
(f) "REGISTRANT" MEANS A PERSON THAT IS REGISTERED WITH THE10
DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-427 (5) FOR THE11
MANUFACTURE OR PRODUCTION OF A HEMP PRODUCT.12
(g) "R EGULATED MARIJUANA" HAS THE MEANING SET FORTH IN13
SECTION 44-10-103 (54).14
(h) "TETRAHYDROCANNABINOL" OR "THC" HAS THE MEANING SET15
FORTH IN SECTION 44-10-209 (2)(d).16
(2) Manufacture of lawful THC beverages.17
(a) A REGISTRANT MAY MANUFACTURE AND SELL LAWFUL THC18
BEVERAGES IF THE REGISTRANT:19
(I) IS REGISTERED WITH THE DEPARTMENT TO MANUFACTURE HEMP20
PRODUCTS IN ACCORDANCE WITH SECTION 25-5-427 (5);21
(II) USES AN APPROVED SOURCE OF HEMP TO MANUFACTURE THE22
LAWFUL THC BEVERAGES;23
(III) COMPLIES WITH THE RULES ADOPTED BY THE DEPARTMENT24
FOR THE MANUFACTURE, PRODUCTION, LABELING, AND TRANSPORTATION25
OF LAWFUL THC BEVERAGES; AND26
(IV) SELLS THE LAWFUL THC BEVERAGES IN ACCORDANCE WITH27
SB26-164-5-
SUBSECTION (3) OF THIS SECTION.1
(b) (I) A REGISTRANT THAT MANUFACTURES A LAWFUL THC2
BEVERAGE MAY PRODUCE A LAWFUL THC BEVERAGE IN EITHER A3
SINGLE-SERVING CONTAINER, A MULTI-SERVING CONTAINER, OR BOTH.4
(II) A SINGLE-SERVING LAWFUL THC BEVERAGE MUST:5
(A) BE BOTTLED, CANNED, OR PLACED IN A CONTAINER OF NO LESS6
THAN FIFTY MILLILITERS AND NO MORE THAN NINETEEN AND TWO-TENTHS7
OUNCES;8
(B) B E BOTTLED , CANNED , OR PLACED IN A CONTAINER THAT9
UTILIZES A TRADITIONAL PULL TAB OR BOTTLE CAP, UNLESS THE PRODUCT10
IS LESS THAN TWO FLUID OUNCES IN TOTAL;11
(C) C ONTAIN NO MORE THAN TEN MILLIGRAMS OF THC PER12
CONTAINER AND NO MORE THAN ONE SERVING PER CONTAINER; AND13
(D) B E SOLD IN A PACK OF TWENTY -FOUR CANS , BOTTLES , OR14
CONTAINERS OR FEWER.15
(III) A MULTI-SERVING LAWFUL THC BEVERAGE MUST:16
(A) B E BOTTLED OR PLACED IN A CONTAINER OF NO LESS THAN17
THREE HUNDRED SEVENTY MILLILITERS AND NO MORE THAN ONE AND18
THREE-QUARTERS LITERS;19
(B) BE BOTTLED OR PLACED IN A RESEALABLE CONTAINER THAT20
USES A SCREW-TOP OR CORK-STYLE CAP; AND21
(C) B E MEASURED IN ONE AND ONE -HALF OUNCE SERVINGS OR22
LESS AND CONTAIN NO MORE THAN TEN MILLIGRAMS OF THC PER23
SERVING.24
(c) A REGISTRANT THAT MANUFACTURES A LAWFUL THC25
BEVERAGE MUST COMPLY WITH ALL APPLICABLE RULES RELATED TO THE26
TESTING, LABELING, PACKAGING, AND CONCENTRATION REQUIREMENTS27
SB26-164-6-
FOR HEMP PRODUCTS ADOPTED BY THE DEPARTMENT IN ACCOR DANCE1
WITH SECTION 25-5-427 (3)(f) AND SUBSECTION (5) OF THIS SECTION.2
(3) Sale and distribution.3
(a) (I) A REGISTRANT THAT MANUFACTURES A LAWFUL THC4
BEVERAGE SHALL ONLY SELL THE LAWFUL THC BEVERAGE TO A5
WHOLESALER THAT IS LICENSED PURSUANT TO SECTION 44-3-407 AND6
THAT HOLDS A LAWFUL THC BEVERAGE PERMIT GRANTED PURSUANT TO7
SECTION 44-8-103.8
(II) A REGISTRANT THAT MANUFACTURES LAWFUL THC9
BEVERAGES AND SELLS THE LAWFUL THC BEVERAGES TO A WHOLESALER10
IN ACCORDANCE WITH SUBSECTION (3)(a)(I) OF THIS SECTION MAY USE OR11
EMPLOY A RETAIL MARIJUANA TRANSPORTER , AS DEFINED IN SECTION12
44-10-103 (65), TO DELIVER AND TRANSPORT THE LAWFUL THC13
BEVERAGES TO THE WHOLESALER'S FACILITY.14
(b) A REGISTRANT THAT MANUFACTURES LAWFUL THC15
BEVERAGES SHALL NOT SELL DIRECTLY TO A PERSON LICENSED PURSUANT16
TO ARTICLE 3 OF TITLE 44 OR ARTICLE 10 OF TITLE 44.17
(c) A REGISTRANT THAT MANUFACTURES LAWFUL THC18
BEVERAGES SHALL NOT SELL LAWFUL THC BEVERAGES DIRECTLY TO A19
CONSUMER.20
(4) Labeling - packaging - testing.21
(a) IN ADDITION TO ALL LABELING, PACKAGING, AND CONSUMER22
NOTICE REQUIREMENTS FOR HEMP PRODUCTS ADOPTED BY THE23
DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-427, A REGISTRANT24
THAT MANUFACTURES A LAWFUL THC BEVERAGE SHALL ENSURE THAT25
THE LABEL AND PACKAGING OF A LAWFUL THC BEVERAGE CONTAIN THE26
FOLLOWING:27
SB26-164-7-
(I) A STATEMENT THAT THE PRODUCT IS NOT APPROVED BY THE1
UNITED STATES FOOD AND DRUG ADMINISTRATION;2
(II) AN EXPIRATION DATE;3
(III) THE TOTAL AMOUNT, IN MILLIGRAMS, OF ANY HEMP-DERIVED4
INTOXICATING CANNABINOID PER SERVING AND THE NUMBER OF SERVINGS5
PER CONTAINER;6
(IV) THE TOTAL AMOUNT, IN MILLIGRAMS, OF ANY HEMP-DERIVED7
INTOXICATING CANNABINOID IN THE ENTIRE CONTAINER OR PACKAGE; AND8
(V) A NUTRITION FACTS PANEL.9
(b) (I) THE LABEL, PACKAGING, ADVERTISEMENT, OR TRADE DRESS10
OF A LAWFUL THC BEVERAGE SHALL NOT INCLUDE IMAGES OR DESIGNS11
THAT ARE INTENDED TO BE ATTRACTIVE TO INDIVIDUALS UNDER12
TWENTY-ONE YEARS OLD.13
(II) A LABEL, PACKAGE, ADVERTISEMENT, OR TRADE DRESS FOR A14
LAWFUL THC BEVERAGE IS CONSIDERED ATTRACTIVE TO INDIVIDUALS15
UNDER TWENTY-ONE YEARS OLD IF:16
(A) I T INCLUDES CARTOONS , DRAWINGS , OR DEPICTIONS OF17
OBJECTS, PERSONS , ANIMALS , OR OTHER CREATURES THAT FEATURE18
COMICALLY EXAGGERATED CHARACTERISTICS ; ATTRIBUTE HUMAN19
CHARACTERISTICS TO ANIMALS, PLANTS, OR OBJECTS; OR PORTRAY ANY20
UNNATURAL OR EXTRA-HUMAN ABILITIES; OR21
(B) I T IS SUBSTANTIALLY SIMILAR TO PRODUCTS COMMONLY22
MARKETED TO OR USED BY INDIVIDUALS UNDER TWENTY -ONE OLD ,23
INCLUDING CANDY, SODA, JUICE BEVERAGES, COOKIES, CEREAL, OR OTHER24
SIMILAR PRODUCTS.25
(III) THE INCLUSION OR DESCRIPTION OF FLAVOR, INGREDIENTS, OR26
OTHER PRODUCT CHARACTERISTICS IS NOT CONSIDERED TO BE ATTRACTIVE27
SB26-164-8-
TO INDIVIDUALS UNDER TWENTY-ONE YEARS OLD FOR THE PURPOSES OF1
THIS SUBSECTION (4)(b).2
(c) (I) P RIOR TO THE SALE OR DISTRIBUTION OF A LAWFUL THC3
BEVERAGE, A REGISTRANT THAT MANUFACTURES A LAWFUL THC4
BEVERAGE SHALL HAVE THE LAWFUL THC BEVERAGE TESTED PURSUANT5
TO THE RULES ADOPTED BY THE DEPARTMENT FOR THE TESTING OF HEMP6
PRODUCTS IN ACCORDANCE WITH THIS SECTION.7
(II) THE DEPARTMENT SHALL DEVELOP TESTING STANDARDS FOR8
LAWFUL THC BEVERAGES, INCLUDING TESTING STANDARDS THAT:9
(A) VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY10
TO ENSURE ACCURATE LABELING AND CANNABINOID PROFILE FOR THE11
LAWFUL THC BEVERAGE;12
(B) E STABLISH AN ACCEPTABLE VARIANCE FOR THC POTENCY13
REPRESENTATIONS, WHICH VARIANCE MUST NOT BE MORE THAN TEN14
PERCENT;15
(C) E STABLISH PROCEDURES TO ADDRESS ANY THC POTENCY16
MISREPRESENTATIONS, INCLUDING CORRECTIVE ACTION, RELABELING, OR17
PRODUCT RECALL; AND18
(D) E NSURE THAT LAWFUL THC BEVERAGES ARE SUBJECT TO19
TESTING, SAMPLING , AND QUALITY -CONTROL STANDARDS THAT ARE20
SUBSTANTIALLY EQUIVALENT TO THE TESTING , SAMPLING , AND21
QUALITY-CONTROL STANDARDS APPLICABLE TO OTHER HEMP PRODUCTS.22
(5) Rules. ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT, IN23
CONSULTATION WITH THE STATE LICENSING AUTHORITY CREATED IN24
SECTION 44-3-201, SHALL ADOPT RULES RELATED TO THE MANUFACTURE25
AND SALE OF LAWFUL THC BEVERAGES CONSISTENT WITH THIS SECTION,26
INCLUDING:27
SB26-164-9-
(a) T HE MANUFACTURE OF LAWFUL THC BEVERAGES BY A1
REGISTRANT IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION;2
(b) THE SALE AND DISTRIBUTION OF LAWFUL THC BEVERAGES BY3
A REGISTRANT IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION;4
(c) T ESTING, LABELING , AND PACKAGING REQUIREMENTS FOR5
LAWFUL THC BEVERAGES CONSISTENT WITH THE TESTING AND LABELING6
REQUIREMENTS FOR HEMP PRODUCTS DEVELOPED IN ACCORDANCE WITH7
SECTION 25-5-427 (3)(f) AND SUBSECTION (4) OF THIS SECTION; AND8
(d) T HE SAFE AND EFFECTIVE REGULATION AND TESTING OF9
LAWFUL THC BEVERAGES MANUFACTURED BY A PERSON FROM ANOTHER10
STATE USING AN APPROVED SOURCE OF HEMP.11
(6) T HIS SECTION DOES NOT PERMIT A REGISTRANT TO12
MANUFACTURE OR SELL A BEVERAGE PRODUCT THAT IS INFUSED WITH13
THC THAT IS A SYNTHETIC CANNABINOID , AS DEFINED IN SECTION14
44-10-209 (2)(c), OR A SEMI -SYNTHETIC CANNABINOID , AS DEFINED IN15
SECTION 44-10-209 (2)(b).16
SECTION 2. In Colorado Revised Statutes, 25-5-427, amend17
(2)(d), (4)(c)(I)(A), (4)(d)(II)(A), (8)(f)(II)(C), (8)(f)(II)(D), (8)(g)(II)(C),18
and (8)(g)(II)(D); and add (2)(e.5), (8)(f)(II)(E), and (8)(g)(II)(E) as19
follows:20
25-5-427. Classes of hemp-derived compounds and21
cannabinoid - definitions - registration required - prohibitions - safe22
harbor - rules.23
(2) Definitions. As used in this section, unless the context24
otherwise requires:25
(d) "Hemp product" means:26
(I) A finished product that contains hemp and that:27
SB26-164-10-
(I) (A) Is a cosmetic, a dietary supplement, a food, a food additive,1
or an herb;2
(II) (B) Is intended for human use or consumption;3
(III) (C) Contains any part of the hemp plant, including naturally4
occurring cannabinoids, compounds, concentrates, extracts, isolates, or5
resins;6
(IV) (D) Is produced from hemp;7
(V) (E) Contains no more than one and three-fourths milligrams8
of THC per serving; and9
(VI) (F) Contains a ratio of cannabidiol to THC of greater than or10
equal to fifteen to one; OR11
(II) A LAWFUL THC BEVERAGE.12
(e.5) "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN13
SECTION 25-5-427.5 (1)(e).14
(4) Classifications of hemp-derived compounds and15
cannabinoids - rules.16
(c) (I) A person shall not:17
(A) Manufacture, produce, or distribute a potentially intoxicating18
cannabinoid within Colorado, as an ingredient in a hemp product or as a19
finished hemp product, unless the potentially intoxicating cannabinoid is20
a safe harbor hemp product that is exported from Colorado OR IS A21
LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH22
SECTION 25-5-427.5; or23
(d) (II) A person shall not:24
(A) Manufacture, produce, or distribute an intoxicating25
cannabinoid within Colorado, as an ingredient in a hemp product or as a26
finished hemp product, unless the intoxicating cannabinoid is a safe27
SB26-164-11-
harbor hemp product that is exported from Colorado OR IS A LAWFUL THC1
BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH SECTION2
25-5-427.5; or3
(8) Offenses. It is unlawful to engage in or knowingly cause a4
person to engage in any of the following acts:5
(f) (II) This subsection (8)(f) does not apply to:6
(C) Cosmetics; or7
(D) A hemp product that the United States food and drug8
administration has determined is generally recognized as safe under the9
"Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.10
FEDERAL ACT; OR11
(E) A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN12
ACCORDANCE WITH SECTION 25-5-427.5.13
(g) (II) This subsection (8)(g) does not apply to:14
(C) Cosmetics; or15
(D) A hemp product that the United States food and drug16
administration has determined is generally recognized as safe under the17
"Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.18
FEDERAL ACT; OR19
(E) A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN20
ACCORDANCE WITH SECTION 25-5-427.5.21
SECTION 3. In Colorado Revised Statutes, add article 8 to title22
44 as follows:23
ARTICLE 824
Regulation of Lawful THC Beverages25
44-8-101. Legislative declaration.26
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE27
SB26-164-12-
REGULATION AND SALE OF LAWFUL THC BEVERAGES IS A MATTER OF1
STATEWIDE CONCERN AND SHOULD BE UNIFORM THROUGHOUT THE STATE.2
44-8-102. Definitions.3
AS USED IN THIS ARTICLE 8, UNLESS CONTEXT OTHERWISE4
REQUIRES:5
(1) "A LCOHOL BEVERAGE " HAS THE MEANING SET FORTH IN6
SECTION 44-3-103 (2).7
(2) "DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT" MEANS8
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CREATED IN9
SECTION 24-1-119.10
(3) "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN11
SECTION 25-5-427.5 (1)(e).12
(4) "LAWFUL THC BEVERAGE PERMIT" MEANS A PERMIT GRANTED13
BY THE STATE LICENSING AUTHORITY THAT PERMITS A LICENSEE TO SELL14
OR DISTRIBUTE LAWFUL THC BEVERAGES.15
(5) "LICENSEE" MEANS:16
(a) A N ESTABLISHMENT LICENSED BY THE STATE LICENSING17
AUTHORITY PURSUANT TO ARTICLE 3 OF THIS TITLE 44 THAT SELLS OR18
DISTRIBUTES ALCOHOL BEVERAGES AND HAS A LAWFUL THC BEVERAGE19
PERMIT;20
(b) A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS21
LICENSED IN ACCORDANCE WITH SECTION 44-10-610 AND THAT HAS A22
LAWFUL THC BEVERAGE PERMIT; OR23
(c) A RETAIL MARIJUANA TRANSPORTER LICENSED IN ACCORDANCE24
WITH 44-10-605 AND THAT HAS A LAWFUL THC BEVERAGE PERMIT.25
(6) "R EGULATED MARIJUANA" HAS THE MEANING SET FORTH IN26
SECTION 44-10-103 (54).27
SB26-164-13-
(7) "RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS" HAS1
THE MEANING SET FORTH IN SECTION 44-10-103 (60.5).2
(8) "RETAIL MARIJUANA TRANSPORTER" HAS THE MEANING SET3
FORTH IN SECTION 44-10-103 (65).4
(9) "S TATE LICENSING AUTHORITY " OR "LIQUOR ENFORCEMENT5
DIVISION" MEANS THE STATE LICENSING AUTHORITY CREATED IN SECTION6
44-3-201.7
(10) "TETRAHYDROCANNABINOL" OR "THC" HAS THE MEANING8
SET FORTH IN 44-10-209 (2)(d).9
44-8-103. Lawful THC beverage permit - application - fees.10
(1) A LICENSEE MAY APPLY TO THE STATE LICENSING AUTHORITY11
TO RECEIVE A LAWFUL THC BEVERAGE PERMIT, WHICH AUTHORIZES THE12
LICENSEE TO SELL OR DISTRIBUTE LAWFUL THC BEVERAGES IN13
ACCORDANCE WITH THIS ARTICLE 8.14
(2) (a) T O APPLY FOR A LAWFUL THC BEVERAGE PERMIT , A15
LICENSEE MUST SUBMIT AN APPLICATION TO THE STATE LICENSING16
AUTHORITY AND PAY ANY APPLICATION OR PERMITTING FEE IN AN AMOUNT17
DETERMINED BY THE STATE LICENSING AUTHORITY IN ACCORDANCE WITH18
SECTION 44-3-501 (3)(a)(XXIV).19
(b) THE STATE LICENSING AUTHORITY SHALL NOT SET THE AMOUNT20
OF THE APPLICATION OR PERMITTING FEE REQUIRED BY SUBSECTION (2)(a)21
OF THIS SECTION IN AN AMOUNT GREATER THAN THE AMOUNT REQUIRED22
TO COVER THE DEPARTMENT 'S DIRECT AND INDIRECT COSTS TO23
ADMINISTER AND ENFORCE THIS ARTICLE 8.24
(c) T HE STATE LICENSING AUTHORITY SHALL TRANSMIT ANY25
APPLICATION AND PERMITTING FEES COLLECTED IN ACCORDANCE WITH26
THIS SUBSECTION (2) TO THE STATE TREASURER, WHO SHALL CREDIT THE27
SB26-164-14-
APPLICATION AND PERMITTING FEES TO THE LIQUOR ENFORCEMENT1
DIVISION AND STATE LICENSING AUTHORITY CASH FUND CREATED IN2
SECTION 44-6-101.3
(3) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND (3)(c) OF4
THIS SECTION , A LICENSEE THAT OBTAINS A LAWFUL THC BEVERAGE5
PERMIT MAY SELL OR DISTRIBUTE LAWFUL THC BEVERAGES IN THE6
MANNER THAT THE LICENSEE IS AUTHORIZED TO SELL OR DISTRIBUTE7
ALCOHOL BEVERAGES UNDER THE LICENSE GRANTED BY THE STATE8
LICENSING AUTHORITY IF THE LICENSEE COMPLIES WITH THIS ARTICLE 89
AND ANY RELEVANT RULES ADOPTED BY THE STATE LICENSING AUTHORITY10
PURSUANT TO THIS ARTICLE 8.11
(b) A LICENSEE THAT IS A RETAIL MARIJUANA HOSPITALITY AND12
SALES BUSINESS AND THAT OBTAINS A LAWFUL THC BEVERAGE PERMIT13
MAY SELL LAWFUL THC BEVERAGES IN THE MANNER THAT THE LICENSEE14
IS AUTHORIZED TO SELL REGULATED MARIJUANA PRODUCTS UNDER THE15
LICENSE GRANTED PURSUANT TO SECTION 44-10-610 IF THE LICENSEE16
COMPLIES WITH THIS ARTICLE 8 AND ANY RELE VANT RULES ADOPTED17
PURSUANT TO THIS ARTICLE 8 OR SECTION 44-10-610 (6).18
(c) A LICENSEE THAT IS A RETAIL MARIJUANA TRANSPORTER THAT19
OBTAINS A LAWFUL THC BEVERAGE PERMIT MAY TRANSPORT LAWFUL20
THC BEVERAGES IN THE MANNER THAT THE LICENSEE IS AUTHORIZED TO21
TRANSPORT AND DISTRIBUTE REGULATED MARIJUANA PRODUCTS UNDER22
THE LICENSE GRANTED PURSUANT TO SECTION 44-10-605 IF THE LICENSEE23
COMPLIES WITH THIS ARTICLE 8 AND ANY RELEVANT RULES ADOPTED24
PURSUANT TO THIS ARTICLE 8 OR SECTION 44-10-605.25
44-8-104. Sale of lawful THC beverages - requirements -26
labeling - prohibitions.27
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(1) (a) A LICENSEE WITH A LAWFUL THC BEVERAGE PERMIT MAY1
SELL OR DISTRIBUTE A LAWFUL THC BEVERAGE.2
(b) A LICENSEE WITH A LAWFUL THC BEVERAGE PERMIT SHALL3
ONLY OFFER A LAWFUL THC BEVERAGE FOR SALE IF THE LICENSEE HAS4
PURCHASED A LAWFUL THC BEVERAGE FROM:5
(I) A WHOLESALER THAT IS LICENSED PURSUANT TO SECTION6
44-3-407 AND THAT HOLDS A LAWFUL THC BEVERAGE PERMIT ISSUED7
PURSUANT TO SECTION 44-8-103; OR8
(II) A LICENSEE WITH A MANUFACTURER 'S LICENSE ISSUED9
PURSUANT TO SECTION 44-3-402, A LAWFUL THC BEVERAGE PERMIT10
ISSUED PURSUANT TO SECTION 44-8-103, AND A WHOLESALER'S LICENSE11
ISSUED PURSUANT TO SECTION 44-3-407.12
(2) (a) A LAWFUL THC BEVERAGE MUST BE SOLD TO A CUSTOMER13
IN A SEALED, PREPACKAGED CONTAINER FOR OFF-PREMISES CONSUMPTION14
OR SERVED FOR ON-SITE CONSUMPTION IN COMPLIANCE WITH SUBSECTION15
(2)(b) OF THIS SECTION.16
(b) I F A LAWFUL THC BEVERAGE IS SOLD TO A CUSTOMER FOR17
ON-SITE CONSUMPTION, THE LAWFUL THC BEVERAGE MUST:18
(I) BE IN AN OPEN, PREPACKAGED CAN OR BOTTLE THAT CONTAINS19
NO MORE THAN TEN MILLIGRAMS OF TOTAL THC PER SERVING; OR20
(II) BE SERVED AS A NONALC OHOLIC MIXED DRINK FOR ON -SITE21
CONSUMPTION IN ACCORDANCE WITH RULES ADOPTED BY THE STATE22
LICENSING AUTHORITY PURSUANT TO SECTION 44-8-106.23
(3) A LAWFUL THC BEVERAGE OFFERED FOR SALE MUST COMPLY24
WITH ALL APPLICABLE RULES RELATED TO THE TESTING , LABELING ,25
PACKAGING, AND CONCENTRATION REQUIREMENTS THAT HAVE BEEN26
ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH ENVIRONMENT IN27
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ACCORDANCE WITH SECTION 25-5-427.5 (5).1
(4) W HEN OFFERING A LAWFUL THC BEVERAGE FOR SALE OR2
DISTRIBUTION, A LICENSEE SHALL ENSURE THAT:3
(a) A LL LAWFUL THC BEVERAGES SOLD BY THE LICENSEE ARE4
CLEARLY LABELED IN COMPLIANCE WITH THE RULES ADOPTED BY THE5
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE6
WITH SECTION 25-5-427.5; AND7
(b) A CUSTOMER IS NOTIFIED OF THE CANNABINOID CONTENT AND8
CONCENTRATION OF THE BEVERAGE AT THE POINT OF SALE THROUGH9
PRODUCT LABELING, SIGNAGE, MENUS, OR OTHER WRITTEN MATERIALS.10
(5) (a) A LICENSEE SHALL NOT SERVE A LAWFUL THC BEVERAGE11
TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OLD. THE LICENSEE12
AND THE LICENSEE 'S EMPLOYEES SHALL VERIFY THAT AN INDIVIDUAL13
MEETS THE AGE REQUIREMENT IN ACCORDANCE WITH SECTION 44-3-90114
(1)(b) OR 44-10-610 (2)(l).15
(b) A LICENSEE SHALL ENSURE THAT ALL EMPLOYEES INVOLVED IN16
THE SALE OR SERVICE OF LAWFUL THC BEVERAGES COMPLETE A17
RESPONSIBLE VENDOR TRAINING PROGRAM OR AN EQUIVALENT18
CANNABIS-FOCUSED TRAINING PROGRAM TO PROMOTE SAFE CONSUMPTION19
OF LAWFUL THC BEVERAGES.20
(6) A LICENSEE SHALL NOT:21
(a) S ELL A LAWFUL THC BEVERAGE TO AN INDIVIDUAL WHO IS22
VISIBLY INTOXICATED;23
(b) ALLOW A LAWFUL THC BEVERAGE SOLD ON THE PREMISES FOR24
ON-SITE CONSUMPTION TO BE REMOVED FROM THE LICENSED PREMISES;25
(c) E XCEPT FOR A LICENSEE THAT IS A RETAIL MARIJUANA26
HOSPITALITY AND SALES BUSINESS , PERMIT THE USE OF REGULATED27
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MARIJUANA OR REGULATED MARIJUANA PRODUCTS THAT ARE NOT A1
LAWFUL THC BEVERAGE ON THE PREMISES;2
(d) S ELL A LAWFUL THC BEVERAGE TO AN INDIVIDUAL WHO IS3
UNDER TWENTY-ONE YEARS OLD; OR4
(e) MIX A LAWFUL THC BEVERAGE AND AN ALCOHOL BEVERAGE5
IN THE SAME CONTAINER.6
(7) (a) A LICENSEE THAT HAS A RETAIL LIQUOR STORE LICENSE7
MAY SELL LAWFUL THC BEVERAGES THAT CONTAIN A POTENCY AMOUNT8
ABOVE THREE MILLIGRAMS OF THC PER SERVING BUT NOT MORE THAN9
TEN MILLIGRAMS OF THC PER SERVING IN EITHER A SINGLE -SERVING10
CONTAINER OR MULTI-SERVING CONTAINER.11
(b) A LICENSEE THAT HAS A CONVENIENCE STORE LICENSE OR12
GROCERY STORE LICENSE MAY ONLY SELL LAWFUL THC BEVERAGES THAT13
CONTAIN A POTENCY AMOUNT OF THREE MILLIGRAMS OF THC OR LESS PER14
SERVING IN A SINGLE-SERVING CONTAINER.15
(8) E XCEPT FOR A LICENSEE THAT HAS A RETAIL LIQUOR STORE16
LICENSE ISSUED PURSUANT TO SECTION 44-3-409, A LICENSEE SHALL NOT17
SHIP OR DELIVER A LAWFUL THC BEVERAGE DIRECTLY TO A CONSUMER.18
(9) N OTHING IN THIS SECTION PERMITS A LICENSEE TO SELL OR19
SERVE A BEVERAGE PRODUCT THAT IS INFUSED WITH THC DERIVED FROM20
A SEMI -SYNTHETIC CANNABINOID , AS DEFINED IN SECTION 44-10-20921
(2)(b), OR A SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-20922
(2)(c).23
44-8-105. Rules for transportation, inventory, and recall of24
lawful THC beverages - seizure of products.25
(1) O N OR BEFORE JANUARY 1, 2028, THE STATE LICENSING26
AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH27
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AND ENVIRONMENT , SHALL ADOPT RULES RELATED TO THE1
TRANSPORTATION, INVENTORY, AND RECALL OF LAWFUL THC BEVERAGES.2
THESE RULES MUST INCLUDE:3
(a) WHOLESALER REQUIREMENTS CONSISTENT WITH ARTICLES 34
AND 10 OF THIS TITLE 44 TO AUTHORIZE THE WHOLESALE OF LAWFUL THC5
BEVERAGES BY A PERSON THAT:6
(I) HAS A WHOLESALER'S LICENSE ISSUED PURSUANT TO SECTION7
44-3-407 AND A LAWFUL THC BEVERAGE PERMIT;8
(II) I S A CRAFT BEVERAGE MANUFACTURER WITH WHOLESALE9
PRIVILEGES AND A LAWFUL THC BEVERAGE PERMIT; OR10
(III) HAS A RETAIL MARIJUANA TRANSPORTER 'S LICENSE ISSUED11
PURSUANT TO SECTION 44-10-605 AND A LAWFUL THC BEVERAGE PERMIT;12
(b) R ECALL, EMBARGO , AND ENFORCEMENT PROVISIONS13
CONSISTENT WITH ARTICLES 3 AND 10 OF THIS TITLE 44 TO ENSURE THAT14
LAWFUL THC BEVERAGES MAY BE RECALLED AND WITHDRAWN FROM THE15
MARKET SAFELY AND EFFECTIVELY;16
(c) RULES FOR THE TRANSPORTATION AND DELIVERY OF LAWFUL17
THC BEVERAGES CONSISTENT WITH ARTICLES 3 AND 10 OF THIS TITLE 44,18
INCLUDING PROVISIONS SPECIFIC TO THE TRANSPORTATION OF LAWFUL19
THC BEVERAGES TO LICENSEES AND RETAIL MARIJUANA HOSPITALITY AND20
SALES BUSINESSES; AND21
(d) S TORAGE, TRACKING , AND MONITORING OF LAWFUL THC22
BEVERAGES DURING THE PERIOD BETWEEN THE MANUFACTURE AND23
RETAIL SALE OF THE BEVERAGES TO ENSURE THAT THE LAWFUL THC24
BEVERAGES ARE TRACEABLE AND MAINTAINED SAFELY.25
(2) T HE STATE LICENSING AUTHORITY MAY SEIZE , DESTROY, OR26
CONFISCATE A LAWFUL THC BEVERAGE THAT IS:27
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(a) SOLD, OFFERED FOR SALE, OR DISPLAYED TO A CUSTOMER AT1
A LOCATION THAT IS NOT PROPERLY LICENSED OR PERMITTED IN2
ACCORDANCE WITH THIS ARTICLE 8; OR3
(b) O THERWISE IN VIOLATION OF THIS ARTICLE 8 OR RULES4
ADOPTED BY THE STATE LICENSING AUTHORITY.5
44-8-106. Powers and duties of the state licensing authority -6
enforcement - rules.7
(1) O N OR BEFORE JANUARY 1, 2028, THE STATE LICENSING8
AUTHORITY SHALL ADOPT RULES NECESSARY TO IMPLEMENT AND ENFORCE9
THIS ARTICLE 8, INCLUDING RULES RELATED TO:10
(a) T HE ISSUANCE OF LAWFUL THC BEVERAGE PERMITS TO11
LICENSEES IN ACCORDANCE WITH SECTION 44-8-103;12
(b) THE SALE OF LAWFUL THC BEVERAGES BY LICENSEES THAT13
OBTAIN A LAWFUL THC BEVERAGE PERMIT IN ACCORDANCE WITH SECTION14
44-8-104;15
(c) T HE ESTABLISHMENT OF SAFETY STANDARDS FOR THE16
TRANSPORTATION, INVENTORY, AND RECALL OF LAWFUL THC BEVERAGES17
IN ACCORDANCE WITH SECTION 44-8-105;18
(d) A LLOWING A LICENSEE TO USE OR SELL LARGE -CONTAINER19
LAWFUL THC BEVERAGES, SUCH AS SEVEN -HUNDRED-FIFTY-MILLILITER20
BOTTLES, FOR SERVING LAWFUL THC BEVERAGE NONALCOHOLIC MIXED21
DRINKS FOR ON-SITE CONSUMPTION;22
(e) T HE ISSUANCE OF LAWFUL THC BEVERAGE LICENSE23
ENDORSEMENTS TO A RETAIL MARIJUANA HOSPITALITY AND SALES24
BUSINESS AND A RETAIL MARIJUANA TRANSPORTER SO THAT THE BUSINESS25
MAY PURCHASE SELL, TRANSPORT, STORE, AND DISTRIBUTE LAWFUL THC26
BEVERAGES TO CONSUMERS IN ACCORDANCE WITH THIS ARTICLE 8;27
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(f) T HE WHOLESALE AND DISTRIBUTION OF LAWFUL THC1
BEVERAGES BY WHOLESALERS IN ACCORDANCE WITH SECTION 44-8-105;2
(g) THE ENFORCEMENT OF THIS ARTICLE 8 CONSISTENT WITH THE3
ENFORCEMENT OF ALCOHOL BEVERAGE VIOLATIONS IN ACCORDANCE WITH4
PART 9 OF ARTICLE 3 OF THIS TITLE 44;5
(h) T HE SEIZURE OF LAWFUL THC BEVERAGES BY THE STATE6
LICENSING AUTHORITY IN ACCORDANCE WITH SECTION 44-8-105;7
(i) THE ESTABLISHMENT OF PENALTY STRUCTURES FOR VIOLATIONS8
OF THIS ARTICLE 8 AND RULES ADOPTED BY THE STATE LICENSING9
AUTHORITY PURSUANT TO THIS ARTICLE 8;10
(j) T HE ENFORCEMENT OF THIS ARTICLE 8, INCLUDING BY11
CONDUCTING COMPLIANCE CHECKS AND ACCEPTING AND INVESTIGATING12
CLAIMS FROM CUSTOMERS OR THIRD PARTIES RELATED TO THE SALE ,13
WHOLESALE, OR DISTRIBUTION OF LAWFUL THC BEVERAGES; AND14
(k) O THER RULES RELATED TO THE SALE , WHOLESALE , OR15
DISTRIBUTION OF LAWFUL THC BEVERAGES, INCLUDING RULES RELATED16
TO TRADE PRACTICE REQUIREMENTS , SALES BELOW COST , LOYALTY17
PROGRAMS, LAWFUL THC BEVERAGE TASTINGS , PROMOTIONS , AND18
ADVERTISING.19
(2) THE STATE LICENSING AUTHORITY SHALL NOT ADOPT ANY RULE20
THAT PROHIBITS A LICENSEE FROM HOLDING A PARTIAL FINANCIAL21
INTEREST IN A MANUFACTURER OF LAWFUL THC BEVERAGES REGISTERED22
WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN23
ACCORDANCE WITH SECTIONS 25-5-427 AND 25-5-427.5.24
(3) A LICENSEE THAT VIOLATES THIS ARTICLE 8 IS SUBJECT TO THE25
SAME ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES APPLICABLE TO26
ALCOHOL BEVERAGE VIOLATIONS IN ACCORDANCE WITH PART 9 OF27
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ARTICLE 3 OF THIS TITLE 44.1
44-8-107. Local regulation of lawful THC beverages.2
(1) THE GOVERNING BODY OF A LOCAL GOVERNMENT SHALL NOT3
ADOPT AN ORDINANCE, RESOLUTION, RULE, REGULATION, OR OTHER LAW4
THAT:5
(a) I MPOSES ADDITIONAL PRODUCT , LABELING , OR SERVICE6
REQUIREMENTS BEYOND THE REQUIREMENTS OF THIS ARTICLE 8, ANY7
RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS8
ARTICLE 8, OR RULES ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH9
AND ENVIRONMENT PURSUANT TO SECTION 25-5-427 OR 25-5-427.5; OR10
(b) C REATES MEANINGFUL DISTINCTIONS BETWEEN ALCOHOL11
BEVERAGES AND LAWFUL THC BEVERAGES WHERE STATE LAW TREATS12
BOTH ALCOHOL BEVERAGES AND LAWFUL THC BEVERAGES SIMILARLY.13
(2) T HE GOVERNING BODY OF A LOCAL GOVERNMENT MAY14
PROHIBIT LICENSEES OPERATING IN THE LOCAL GOVERNMENT 'S15
JURISDICTION FROM SELLING A LAWFUL THC BEVERAGE THROUGH THE16
ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED17
MEASURE, WHICH INITIATED OR REFERRED MEASURE TO PROHIBIT THE18
SALE OF LAWFUL THC BEVERAGES WITHIN THE LOCAL GOVERNMENT 'S19
JURISDICTION MUST APPEAR ON A GENERAL ELECTION BALLOT DURING AN20
EVEN-NUMBERED YEAR.21
(3) NOTHING IN THIS SECTION PROHIBITS A LOCAL GOVERNMENT22
FROM ENACTING LAWS RELATED TO THE SALE OF LAWFUL THC23
BEVERAGES WITH RESPECT TO THE TIME, PLACE, OR MANNER IN WHICH THE24
LAWFUL THC BEVERAGES ARE SOLD.25
SECTION 4. In Colorado Revised Statutes, 44-3-501, amend26
(3)(a)(XXII) and (3)(a)(XXIII); and add (3)(a)(XXIV) as follows:27
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44-3-501. State fees - rules.1
(3) (a) The state licensing authority shall establish fees for2
processing the following types of applications, notices, or reports required3
to be submitted to the state licensing authority:4
(XXII) Applications for each noncontiguous manufacturing5
facility pursuant to section 44-3-402 and rules adopted pursuant to that6
section; and7
(XXIII) Applications for an alcohol beverage shipper license8
pursuant to section 44-3-430 and rules adopted pursuant to that section;9
AND10
(XXIV) A PPLICATIONS FOR A LAWFUL THC BEVERAGE PERMIT11
PURSUANT TO SECTION 44-8-103 (2)(a).12
SECTION 5. In Colorado Revised Statutes, 44-3-901, amend13
(6)(q); and add (12) as follows:14
44-3-901. Unlawful acts - exceptions - definitions.15
(6) It is unlawful for any person licensed to sell at retail pursuant16
to this article 3 or article 4 of this title 44:17
(q) (I) To knowingly permit the illegal sale, or negotiations for the18
sale, of a controlled substance, as defined in section 18-18-102 (5), on the19
licensee's licensed premises, EXCEPT FOR THE SALE OF LAWFUL THC20
BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e), IN ACCORDANCE21
WITH ARTICLE 8 OF THIS TITLE 44 AND ANY RULES ADOPTED BY THE STATE22
LICENSING AUTHORITY PURSUANT TO ARTICLE 8 OF THIS TITLE 44.23
(II) This subsection (6)(q) does not prohibit a pharmacy licensed24
by the state board of pharmacy from selling lawfully prescribed controlled25
substances at a liquor-licensed drugstore.26
(12) IN ACCORDANCE WITH SECTION 44-8-106 (3), THE PROVISIONS27
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OF THIS SECTION AND THE CORRESPONDING PROVISIONS IN SECTION1
44-3-904 APPLY TO THE SALE AND CONSUMPTION OF LAWFUL THC2
BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e).3
SECTION 6. In Colorado Revised Statutes, 44-10-103, amend4
(60.5) as follows:5
44-10-103. Definitions - rules.6
As used in this article 10, unless the context otherwise requires:7
(60.5) (a) "Retail marijuana hospitality and sales business" means8
a facility, which cannot be mobile, licensed to permit the consumption of9
only the retail marijuana, or retail marijuana products, OR LAWFUL THC10
BEVERAGES it has sold pursuant to the provisions of an enacted, initiated,11
or referred ordinance or resolution of the local jurisdiction in which the12
licensee operates.13
(b) A S USED IN THIS SUBSECTION (60.5), "LAWFUL THC14
BEVERAGE" HAS THE MEANING SET FORTH IN SECTION 25-5-427.5 (1)(e).15
SECTION 7. In Colorado Revised Statutes, 44-10-605, add (6)16
as follows:17
44-10-605. Retail marijuana transporter license - lawful THC18
beverage permit - definition - rules.19
(6) O N OR BEFORE JANUARY 1, 2028, THE STATE LICENSING20
AUTHORITY, CREATED IN SECTION 44-10-201, SHALL ADOPT RULES THAT21
PERMIT A RETAIL MARIJUANA TRANSPORTER LICENSEE TO OBTAIN A22
LAWFUL THC BEVERAGE PERMIT PURSUANT TO SECTION 44-8-103 IN23
ORDER TO SELL , STORE , TRANSPORT , AND DISTRIBUTE LAWFUL THC24
BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e), IN ACCORDANCE25
WITH ARTICLE 8 OF THIS TITLE 44.26
SECTION 8. In Colorado Revised Statutes, 44-10-610, add (6)27
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as follows:1
44-10-610. Retail marijuana hospitality and sales business2
license - lawful THC permit - rules.3
(6) O N OR BEFORE JANUARY 1, 2028, THE STATE LICENSING4
AUTHORITY, CREATED IN SECTION 44-10-201, SHALL ADOPT RULES THAT5
PERMIT A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS LICENSEE6
TO OBTAIN A LAWFUL THC BEVERAGE PERMIT PURSUANT TO SECTION7
44-8-103 IN ORDER TO SELL OR SERVE LAWFUL THC BEVERAGES , AS8
DEFINED IN SECTION 25-5-427.5 (1)(e), FOR ON-PREMISES CONSUMPTION9
IN ACCORDANCE WITH ARTICLE 8 OF THIS TITLE 44.10
SECTION 9. Act subject to petition - effective date. Section11
25-5-427.5 (1), (2), (3), (4), and (6), Colorado Revised Statutes, as12
enacted in section 1 of this act; section 25-5-427, Colorado Revised13
Statutes, as amended in section 2 of this act; sections 44-8-101, 44-8-102,14
44-8-103, 44-8-104, 44-8-105 (2), 44-8-106 (2) and (3), and 44-8-107,15
Colorado Revised Statutes, as enacted in section 3 of this act; section16
44-3-501, Colorado Revised Statutes, as amended in section 4 of this act;17
section 44-3-901, Colorado Revised Statutes, as amended in section 5 of18
this act; and section 44-10-103, Colorado Revised Statutes, as amended19
in section 6 of this act, take effect January 1, 2028, and the remainder of20
this act takes effect at 12:01 a.m. on the day following the expiration of21
the ninety-day period after final adjournment of the general assembly;22
except that, if a referendum petition is filed pursuant to section 1 (3) of23
article V of the state constitution against this act or an item, section, or24
part of this act within such period, then the act, item, section, or part will25
not take effect unless approved by the people at the general election to be26
held in November 2026 and, in such case, will take effect on the date of27
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the official declaration of the vote thereon by the governor; except that1
section 25-5-427.5 (1), (2), (3), (4), and (6), Colorado Revised Statutes,2
as enacted in section 1 of this act; section 25-5-427, Colorado Revised3
Statutes, as amended in section 2 of this act; sections 44-8-101, 44-8-102,4
44-8-103, 44-8-104, 44-8-105 (2), 44-8-106 (2) and (3), and 44-8-107,5
Colorado Revised Statutes, as enacted in section 3 of this act; section6
44-3-501, Colorado Revised Statutes, as amended in section 4 of this act;7
section 44-3-901, Colorado Revised Statutes, as amended in section 5 of8
this act; and section 44-10-103, Colorado Revised Statutes, as amended9
in section 6 of this act, take effect January 1, 2028.10
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