Retail Marijuana Sunset

The act implements the following recommendations from the sunset report for the retail marijuana program:

• Extending the retail marijuana code until September 1, 2019;
• Stating that regulation of labeling, packaging, and testing is a matter of statewide concern; and
• Repealing the following provisions from the retail marijuana code:
• The requirement that the executive director deny a license based on a previous denial at the same location;
• The proscription on the placement and sale of marijuana-themed magazines; and
• The authority to promulgate rules prohibiting misrepresentation and unfair practices.

The act creates 2 new retail marijuana licenses--a retail marijuana transport license and a retail marijuana operator license--and gives the state licensing authority rule-making authority over those licenses. However, House Bill 16-1211, concerning licensing marijuana transporters, repealed the retail marijuana transport license in this act and replaced it with the retail marijuana transporter license.

The act conforms language in the retail marijuana code to language in the medical marijuana code related to mandatory testing, the confidentiality of licensee information, and limited access areas.

The act defines 'escorted' so that a tradesperson can work in a limited access area without full-time supervision and gives the rule-making authority to further define the criteria.

The act imposes a signature threshold of 15% of the electorate for a county who acts by initiative on retail marijuana.

The act allows a cultivator the opportunity to remediate a product that tests positive for microbial contaminants before destruction.

The act removes most of the specific statutory requirements that must be included on a label, but still requires warning labels, a universal symbol that the package contains marijuana, and the potency of the marijuana highlighted on the package. The state licensing authority can use rule-making to determine what else should be on a label.

The act allows retail cultivation and product manufactures to use performance pay bonuses.

In current law, out-of-state residents purchases are limited to a quarter ounce, but a state resident can purchase up to one ounce. The act eliminates the difference in the amount that can be sold between in-state residents and out-of-state residents. The act exempts nonpsychoactive topicals from the purchase limit. A display case containing marijuana concentrate must include the potency of the marijuana concentrate next to the name of the product.

The act prohibits sham transactions in which a person receives free marijuana as a result of purchasing another service or product.

$132,251 is appropriated from the marijuana cash fund to the department of revenue for the implementation of this act.

(Note: This summary applies to this bill as enacted.)