Marijuana Industry & Social Equity

The bill creates a medical marijuana independent delivery license and a retail marijuana independent delivery license (licenses) to deliver and sell respective marijuana and marijuana products to consumers at permissible delivery locations. A person must have a social equity license to be issued the licenses. The department of revenue (department) is required to promulgate rules concerning the licenses.

The bill creates an accelerator independent deliverer license, accelerator hospitality business license, and accelerator transporter license for social equity licensees qualified to participate in the accelerator program.

The bill defines "permissible delivery locations" to establish where licensees with delivery privileges may deliver to consumers.

The bill adds mandatory and permissive rule-making authority to the department concerning social-equity-related matters.

The bill allows a marijuana hospitality licensee with a mobile facility to temporarily suspend its license privileges related to mobility in order to conduct non-marijuana commercial activities. The bill adds mandatory rule-making authority to the department concerning these matters.

Beginning January 31, 2026, the bill requires the state licensing authority to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity or accelerator licenses and licensees, recommendations for new social equity or accelerator licenses, and recommendations for new or innovative funding sources for the social equity program. The department is required to convene a new, or utilize an existing, working group of persons to develop recommendations for the annual report.

Effective April 1, 2025, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The new eligibility requirements do not apply to licensee applications or licenses issued before April 1, 2025, except for a limited exception.

The bill eliminates the $1 surcharge applied on deliveries.

The bill requires the department of regulatory agencies, as part of its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the licenses.

Under current law, there is the marijuana entrepreneur fund within the office of economic development that provides grants and loans to support marijuana industry entrepreneurs. The bill creates a new permissible grant for local jurisdictions that establish a social equity licensing program.

The bill creates a tax credit for an accelerator-endorsed licensee who hosts and offers technical and capital support to a social equity licensee for at least 12 consecutive months. An eligible accelerator-endorsed licensee may claim up to $50,000 and may carry it forward as a credit against subsequent years' income tax liability for a period not exceeding 5 years. The tax credit may be claimed for tax years 2026 through 2035.

The bill amends the statutory provision concerning the retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax.

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