The Colorado General Assembly regulates recreational marijuana by passing HB 13-1317, the Colorado Retail Marijuana Code, and SB 13-283 containing miscellaneous provisions with consensus support.

HB13-1317

It renames the Medical Marijuana Enforcement Division (MMED) in the Department of Revenue (DOR) as the Marijuana Enforcement Division (MED) and gives the MED the authority to regulate both medical and retail marijuana. It creates a regulatory system for retail marijuana under which existing medical marijuana businesses have the option to convert to retail businesses or to operate both medical and retail businesses.

SB 13-283:

  • Requires the Colorado Commission on Criminal and Juvenile Justice to make recommendations to the General Assembly regarding criminal laws that need to be revised to ensure statutory compatibility with Amendment 64;
  • Prohibits open containers of marijuana in motor vehicles;
  • Allows for license revocation of certain care facilities if marijuana is consumed or cultivated onsite and prohibits marijuana at community residential homes or regional centers;
  • allows retail marijuana businesses to participate in a responsible vendor program;
  • Makes marijuana subject to the same indoor air quality restrictions as tobacco products;
  • Encourages the POST Board to include advanced roadside impairment driving enforcement training curriculum in the peace officer training academy;
  • Allows retail marijuana stores to deduct certain business expenses from their state income taxes that are prohibited by federal tax law; and
  • Authorizes the Governor to designate state agencies to carry out other duties under the bill.

In addition, once the Marijuana Cash Fund has sufficient revenue to fully fund appropriations to the Department of Revenue under HB 13-1317, the bill will require the Department of Public Safety (DPS) to study law enforcement activities related to retail marijuana; and require the Department of Public Health and Environment (DPHE) to monitor the health the effects of marijuana.