List: 2017 Colorado legislation, marijuana and hemp bills
Published: Feb 27, 2017, 3:12 pm • Updated: Feb 27, 2017, 3:14 pm
By Alicia Wallace, The Cannabist Staff
Colorado will always be the first U.S. state to initiate legal, regulated sales of recreational marijuana, starting in 2014. The first-of-its-kind effort has been a fluid process, as the state has worked to adopt new laws to account for first-of-their-kind issues.
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Three years into recreational sales and more than 15 years into medical marijuana sales, those legislative efforts have not slowed.
At least one dozen bills related to medical marijuana, recreational marijuana and hemp are going before Colorado’s 71st General Assembly.
Here’s a look at all Colorado cannabis legislation introduced in 2017. We’ll keep this list updated:
Marijuana bills
Selling weed on Craigslist
SB17-015, “Unlawful Marijuana Advertising”
Sponsored by Sen. Irene Aguilar, D; Rep. Dan Pabon, D
Summary: The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate.
Track the progress of Senate Bill 15
MMJ for PTSD
SB17-017, “Allow Medical Marijuana Use For Stress Disorders”
Sponsored by Sen. Irene Aguilar, D; Rep. Jonathan Singer, D
Summary: The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana.
Track the progress of Senate Bill 17
School resources: marijuana curricula
SB17-025, “Marijuana Education Materials Resource Bank”
Sponsored by Sen. Randy Baumgardner, R; Sen. Chris Holbert, R; Rep. Jonathan Singer, D
Summary: By July 1, 2017, to create and maintain a resource bank, to be known as the ‘Jack Splitt Memorial Resource Bank’ (resource bank), for public schools to use without charge, that consists of materials and curricula pertaining to marijuana use; and upon request of a public school, to provide technical assistance in designing age-appropriate curricula on marijuana use.
Track the progress of Senate Bill 25
Pot clubs: Licensing plan with sales
SB17-063, “Marijuana Club License”
Sponsored by Sen. Vicki Marble, R; Rep. Jovan Melton, D
Summary: The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club’s sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys.
Track the progress of Senate Bill 63
Wholesale medical marijuana transfers
SB17-111, “Medical Marijuana Inventory Shortfall Fixes”
Sponsored by Sen. Tim Neville, R; Rep. Matt Gray, D; Rep. Dafna Michaelson Jenet, D
Summary: The medical marijuana system is a vertically integrated regulatory scheme, meaning a medical marijuana center must grow the marijuana that it sells. There is one exception to the vertically integrated market: A medical marijuana center can sell to or buy from other medical marijuana licensees up to 30% of its inventory. The bill changes the 30% limit to 50%. The bill states that a medical marijuana center may transfer medical marijuana to another medical marijuana licensee if the licensees have a common owner without the medical marijuana counting towards the 50% limit.
Track the progress of Senate Bill 111
No ban on MMJ as bond condition
SB17-178, “Marijuana Use As A Condition Of Bond”
Sponsored by Sen. Vicki Marble, R; Rep. Jovan Melton, D
Summary: The bill prohibits a court from imposing as a bond condition a ban on marijuana use if the person possesses a valid medical marijuana registry identification card.
Track the progress of Senate Bill 178
Pot clubs: Operational rules, BYOC with no sales allowed
SB17-184, “Private Marijuana Clubs Open And Public Use”
Sponsored by Sen. Bob Gardner, R; Rep. Dan Pabon, D
Summary: The bill authorizes the operation of a private marijuana club only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: all members and employees must be 21 or older; a club owner must be a resident of Colorado for at least two years prior to owning the club; the club’s employees must be Colorado residents; the club cannot serve alcohol or food; a bluc owner shall not sell marijuana on the premises; a club owner shall not permit the sale or exchange of marijuana for renumeration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms “open and public,” “openly” and “publicly.”
Track the progress of Senate Bill 184
Occupational license for out-of-staters
SB17-187, “Residency Exemption Marijuana Education-based Occupational License”
Sponsored by Sen. Larry Crowder, R; Rep. Joann Ginal, D
Summary: Under current law, when an employee or manager of a retail business applies for an occupational license, the person must be a Colorado resident on the date of his or her application. The bill gives the state licensing authority the ability to create an exemption to the residency requirement for a person applying for an occupational license for participation in a marijuana-based workforce development or education program.
Track the progress of Senate Bill 187
Home delivery and “safety valve” for enforcement change
SB17-192, “Marijuana Business Efficiency Measures”
Sponsored by Sen. Tim Neville, R; Rep. Jonathan Singer, D; Rep. Jovan Melton, D
Summary: The bill allows a medical marijuana center and a retail marijuana store to apply for an endorsement that allows the center or store to deliver marijuana. The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee based on a business need due to a change in local, state or federal law or enforcement policy. Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every six months. This bill gives the authority to calculate the average market rate to the marijuana state licensing authority and requires calculation on a quartely basis.
Track the progress of Senate Bill 192
Expanded medical dispensary relocation
HB17-1034, “Medical Marijuana License Issues”
Sponsored by Rep. Dan Pabon, D; Sen. Randy Baumgardner, R
Summary: The retail marijuana code requires a license for retail marijuana business operators. The bill creates a corresponding medical marijuana business operator license. Under current law, a medical marijuana licensee may move his or her location within the city or county where the business is licensed upon approval of the local and state licensing authority. Under the retail marijuana code, a licensee can move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction to conform with the retail marijuana code.
Track the progress of House Bill 1034
School technology grants
HB17-1082, “BEST Building Excellent Schools Today Act Techology Grant Funding”
Sponsored by Rep. Dan Pabon, D
Summary: Concerning financial assistance under the ‘Building Excellent Schools Today Act’, and, in connection therewith, requiring a specified amount of retail marijuana excise tax revenue to be used to provide such financial assistance in the form of technology grants to public schools.
Track the progress of House Bill 1082
Local special sales tax on rec. pot
HB17-1203, “Local Government Special Sales Tax On Retail Marijuana”
Sponsored by Rep. Steve Lebsock,D
Summary: The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under certain circumstances.
Track the progress of House Bill 1203
Hemp bills
Testing for THC in hemp
SB17-090, “Measuring Delta-9 Tetrahydrocannabinol In Industrial Hemp”
Sponsored by Sen. Randy Baumgardner, R; Rep. Diane Mitsch Bush, D
Summary: The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid.
Track the progress of Senate Bill 90
Hemp animal feed
SB17-109, “Industrial Hemp Animal Feed”
Sponsored by Sen. Kerry Donovan, D; Sen. Jeni James Arndt, D
Summary: Currently, it is illegal to sell animal feed that is deemed adulterated. The bill clarifies that the use of industrial hemp does not adulterate feed.
Track the progress of Senate Bill 109
Water rights for growing hemp
SB17-117, “Recognize Industrial Hemp Agricultural Product For Agricultural Water Right”
Sponsored by Sen. Dan Coram, R; Rep. Donald Valdez, D; Rep. Marc Catlin, R
Summary: In Colorado, water subject to a water right may be used for the purpose for which the water is decreed. The bill confirms that a person with an absolute or conditional water right decreed for agricultural use may use the water subject to the water right for the growth or cultivation of industrial hemp if the person is registered by the department of agriculture to grow industrial hemp for commercial or research and development purposes.
Track the progress of Senate Bill 117
Hemp business transparency
HB17-1148, “Registration Of Industrial Hemp Cultivators”
Sponsored by Rep. Jeni Arndt, D; Sen. John Cooke, R
Summary: Current law requires persons who wish to cultivate industrial hemp to apply to the department of agriculture for a registration. The bill adds a requirement that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity. Applicants for a registration may be denied registration for up to 3 years if any individual or entity listed in the application was previously subject to discipline, or the individual or entity was previously listed by an entity that was subject to discipline. When a registration is suspended, revoked, or relinquished, a new application for registration may be denied for up to 3 years after the effective date of discipline.
Track the progress of House Bill 1148
Hemp, not marijuana, as a farm product
HB17-1197, “Exclude Marijuana From Farm Products Definition”
Sponsored by Rep. Joann Ginal, D; Sen. Don Coram, R
Summary: Under the ‘Farm Products Act’, the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of ‘farm products’ under the act.
Track the progress of House Bill 1197
Cannabist digital producer Polly Washburn contributed to this report.
Topics: 2017 Colorado legislation, Colorado
Alicia Wallace
Alicia Wallace joined The Cannabist in July 2016, covering national marijuana policy and business. She contributes to the Denver Post’s beer industry coverage. In her 13 years as a business news reporter, her coverage has spanned the economy, Sports…
