Amendment 64

Use and Regulation of Marijuana

Ballot Title: Shall there be an amendment to the Colorado constitution concerning marijuana,
and, in connection therewith, providing for the regulation of marijuana; permitting a person
twenty-one years of age or older to consume or possess limited amounts of marijuana; providing
for the licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail
stores; permitting local governments to regulate or prohibit such facilities; requiring the general
assembly to enact an excise tax to be levied upon wholesale sales of marijuana; requiring that
the first $40 million in revenue raised annually by such tax be credited to the public school capital
construction assistance fund; and requiring the general assembly to enact legislation governing
the cultivation, processing, and sale of industrial hemp?


Text of Measure:

Be it Enacted by the People of the State of Colorado:

Article XVIII of the constitution of the state of Colorado is amended BY
THE ADDITION OF A NEW SECTION to read:

Section 16. Personal use and regulation of marijuana

(1) Purpose and findings.

(a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT
RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL
FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT
THE USE OF MARIJ UANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS
OF AGE OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.

(b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR
CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND
DECLARE THAT MARIJ UANA SHOULD BE REGULATED IN A MANNER SIMILAR TO
ALCOHOL SO THAT:

(I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING
MARIJ UANA;

(II) SELLING, DISTRIBUTING, OR TRANSFERRING MARIJ UANA TO MINORS
AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REMAIN
ILLEGAL;

(III) DRIVING UNDER THE INFLUENCE OF MARIJ UANA SHALL REMAIN
ILLEGAL;

(IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL
ACTORS, WILL CONDUCT SALES OF MARIJ UANA; AND

(V) MARIJ UANA SOLD IN THIS STATE WILL BE LABELED AND SUBJ ECT TO
ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND
PROTECTED.

(c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE
TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF
COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE
REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9
TETRAHYDROCANNABINOL (THC) CONCENTRATIONS.

(d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND
DECLARE THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN
THE APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT,
THEREFORE, THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS
SPECIFIED HEREIN, MATTERS OF STATEWIDE CONCERN.

(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES,

(a) "COLORADO MEDICAL MARIJ UANA CODE" MEANS ARTICLE 43.3 OF
TITLE 12, COLORADO REVISED STATUTES.

(b) "CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER
WHO PURCHASES MARIJ UANA OR MARIJ UANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO
OTHERS.

(c) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE OR ITS
SUCCESSOR AGENCY.

(d) "INDUSTRIAL HEMP" MEANS THE PLANT OF THE GENUS CANNABIS AND
ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9
TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED
THREE-TENTHS PERCENT ON A DRY WEIGHT BASIS.

(e) "LOCALITY" MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY.

(f) "MARIJ UANA" OR "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE
GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE
RESIN EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY
COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS, OR ITS RESIN, INCLUDING
MARIHUANA CONCENTRATE. "MARIJ UANA" OR "MARIHUANA" DOES NOT
INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER PRODUCED
FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE
PLANT, STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF
GERMINATION, OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED
WITH MARIJ UANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,
FOOD, DRINK, OR OTHER PRODUCT.

(g) "MARIJ UANA ACCESSORIES" MEANS ANY EQUIPMENT,
PRODUCTS, OR MATERIALS OF ANY KIND WHICH ARE USED, INTENDED
FOR USE, OR DESIGNED FOR USE IN PLANTING, PROPAGATING,
CULTIVATING, GROWING, HARVESTING, COMPOSTING,
MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING,
PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING,
REPACKAGING, STORING, VAPORIZING, OR CONTAINING MARIJ UANA, OR FOR
INGESTING, INHALING, OR OTHERWISE INTRODUCING MARIJ UANA INTO THE
HUMAN BODY.

(h) "MARIJ UANA CULTIVATION FACILITY" MEANS AN ENTITY LICENSED TO
CULTIVATE, PREPARE, AND PACKAGE MARIJ UANA AND SELL MARIJ UANA TO
RETAIL MARIJ UANA STORES, TO MARIJ UANA PRODUCT MANUFACTURING
FACILITIES, AND TO OTHER MARIJ UANA CULTIVATION FACILITIES, BUT NOT TO
CONSUMERS.

(i) "MARIJ UANA ESTABLISHMENT" MEANS A MARIJ UANA CULTIVATION
FACILITY, A MARIJ UANA TESTING FACILITY, A MARIJ UANA PRODUCT
MANUFACTURING FACILITY, OR A RETAIL MARIJ UANA STORE.

(j) "MARIJ UANA PRODUCT MANUFACTURING FACILITY" MEANS AN ENTITY
LICENSED TO PURCHASE MARIJ UANA; MANUFACTURE, PREPARE, AND PACKAGE
MARIJ UANA PRODUCTS; AND SELL MARIJ UANA AND MARIJ UANA PRODUCTS TO
OTHER MARIJ UANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL
MARIJ UANA STORES, BUT NOT TO CONSUMERS.

(k) "MARIJ UANA PRODUCTS" MEANS CONCENTRATED MARIJ UANA
PRODUCTS AND MARIJ UANA PRODUCTS THAT ARE COMPRISED OF MARIJ UANA
AND OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH
AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.

(l) "MARIJ UANA TESTING FACILITY" MEANS AN ENTITY LICENSED TO
ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJ UANA.

(m) "MEDICAL MARIJ UANA CENTER" MEANS AN ENTITY LICENSED BY A
STATE AGENCY TO SELL MARIJ UANA AND MARIJ UANA PRODUCTS PURSUANT TO
SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJ UANA CODE.

(n) "RETAIL MARIJ UANA STORE" MEANS AN ENTITY LICENSED TO PURCHASE
MARIJ UANA FROM MARIJ UANA CULTIVATION FACILITIES AND MARIJ UANA AND
MARIJ UANA PRODUCTS FROM MARIJ UANA PRODUCT MANUFACTURING FACILITIES
AND TO SELL MARIJ UANA AND MARIJ UANA PRODUCTS TO CONSUMERS.

(O) "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES
NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH
INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT
THE OPERATION OF A MARIJ UANA ESTABLISHMENT IS NOT WORTHY OF BEING
CARRIED OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.

(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN
OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN
COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER
COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:

(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING
MARIJ UANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJ UANA.

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE
THAN SIX MARIJ UANA PLANTS, WITH THREE OR FEWER BEING MATURE,
FLOWERING PLANTS, AND POSSESSION OF THE MARIJ UANA PRODUCED BY THE
PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT
THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT
CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

(c) TRANSFER OF ONE OUNCE OR LESS OF MARIJ UANA WITHOUT
REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

(d) CONSUMPTION OF MARIJ UANA, PROVIDED THAT NOTHING IN THIS
SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND
PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS.

(e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR
OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF
THIS SUBSECTION.

(4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND
SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE
OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS
TWENTY-ONE YEARS OF AGE OR OLDER:

(a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJ UANA
ACCESSORIES OR THE SALE OF MARIJ UANA ACCESSORIES TO A
PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

(b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJ UANA OR
MARIJ UANA PRODUCTS; PURCHASE OF MARIJ UANA FROM A MARIJ UANA
CULTIVATION FACILITY; PURCHASE OF MARIJ UANA OR MARIJ UANA
PRODUCTS FROM A MARIJ UANA PRODUCT MANUFACTURING FACILITY;
OR SALE OF MARIJ UANA OR MARIJ UANA PRODUCTS TO CONSUMERS,
IF THE PERSON CONDUCTING THE ACTIVITIES DESCRIBED IN THIS
PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE
A RETAIL MARIJ UANA STORE OR IS ACTING IN HIS OR HER CAPACITY AS
AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJ UANA
STORE.

(c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING,
DISPLAYING, OR POSSESSING MARIJ UANA; DELIVERY OR TRANSFER OF
MARIJ UANA TO A MARIJ UANA TESTING FACILITY; SELLING MARIJ UANA TO A
MARIJ UANA CULTIVATION FACILITY, A MARIJ UANA PRODUCT MANUFACTURING
FACILITY, OR A RETAIL MARIJ UANA STORE; OR THE PURCHASE OF MARIJ UANA
FROM A MARIJ UANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE
ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VAILD
LICENSE TO OPERATE A MARIJ UANA CULTIVATION FACILITY OR IS ACTING IN HIS
OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED
MARIJ UANA CULTIVATION FACILITY.

(d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING,
DISPLAYING, OR POSSESSING MARIJ UANA OR MARIJ UANA PRODUCTS; DELIVERY
OR TRANSFER OF MARIJ UANA OR MARIJ UANA PRODUCTS TO A MARIJ UANA
TESTING FACILITY; SELLING MARIJ UANA OR MARIJ UANA PRODUCTS TO A RETAIL
MARIJ UANA STORE OR A MARIJ UANA PRODUCT MANUFACTURING FACILITY; THE
PURCHASE OF MARIJ UANA FROM A MARIJ UANA CULTIVATION FACILITY; OR THE
PURCHASE OF MARIJ UANA OR MARIJ UANA PRODUCTS FROM A MARIJ UANA
PRODUCT MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE
ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID
LICENSE TO OPERATE A MARIJ UANA PRODUCT MANUFACTURING FACILITY OR IS
ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A
LICENSED MARIJ UANA PRODUCT MANUFACTURING FACILITY.

(e) POSSESSING, CULTIVATING, PROCESSING, REPACKAGING, STORING,
TRANSPORTING, DISPLAYING, TRANSFERRING OR DELIVERING MARIJ UANA OR
MARIJ UANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID
LICENSE TO OPERATE A MARIJ UANA TESTING FACILITY OR IS ACTING IN HIS OR
HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJ UANA
TESTING FACILITY.

(f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED,
OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY
FOR ANY OF THE ACTIVITES CONDUCTED LAWFULLY IN ACCORDANCE WITH
PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION.

(5) Regulation of marijuana.

(a) NOT LATER THAN J ULY 1, 2013, THE DEPARTMENT SHALL ADOPT
REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH
REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJ UANA
ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL
INCLUDE:

(I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND
REVOCATION OF A LICENSE TO OPERATE A MARIJ UANA ESTABLISHMENT, WITH
SUCH PROCEDURES SUBJ ECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24
OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR
PROVISION;

(II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES,
PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS,
WITH THIS UPPER LIMIT ADJ USTED ANNUALLY FOR INFLATION, UNLESS THE
DEPARTMENT DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS
RESPONSIBILITIES UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY
THAT IS LICENSED UNDER THE COLORADO MEDICAL MARIJ UANA CODE TO
CULTIVATE OR SELL MARIJ UANA OR TO MANUFACTURE MARIJ UANA PRODUCTS
AT THE TIME THIS SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR
A SEPARATE MARIJ UANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO
PAY AN APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY
FOR A LICENSE TO OPERATE A MARIJ UANA ESTABLISHMENT IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION;

(III) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND
DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJ UANA ESTABLISHMENT;

(IV) SECURITY REQUIREMENTS FOR MARIJ UANA ESTABLISHMENTS;

(V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJ UANA
AND MARIJ UANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE;

(VI) LABELING REQUIREMENTS FOR MARIJ UANA AND MARIJ UANA PRODUCTS
SOLD OR DISTRIBUTED BY A MARIJ UANA ESTABLISHMENT;

(VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR
THE MANUFACTURE OF MARIJ UANA PRODUCTS AND THE CULTIVATION
OF MARIJ UANA;

(VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF
MARIJ UANA AND MARIJ UANA PRODUCTS; AND

(IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH
REGULATIONS MADE PURSUANT TO THIS SECTION.

(b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND
ACCOUNTABLE SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF
MARIJ UANA AND MARIJ UANA PRODUCTS IN ACCORDANCE WITH THIS
SUBSECTION, IN ANY COMPETITIVE APPLICATION PROCESS THE
DEPARTMENT SHALL HAVE AS A PRIMARY CONSIDERATION WHETHER
AN APPLICANT:

(I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJ UANA OR
MARIJ UANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE
COLORADO MEDICAL MARIJ UANA CODE IN THE LOCALITY IN WHICH THE
APPLICANT SEEKS TO OPERATE A MARIJ UANA ESTABLISHMENT; AND

(II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (I),
COMPLIED CONSISTANTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS
OF THE COLORADO MEDICAL MARIJ UANA CODE AND CONFORMING
REGULATIONS.

(c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED,
NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A
CONSUMER TO PROVIDE A RETAIL MARIJ UANA STORE WITH PERSONAL
INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO
DETERMINE THE CONSUMERS AGE, AND A RETAIL MARIJ UANA STORE SHALL NOT
BE REQUIRED TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT
CONSUMERS OTHER THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL
TRANSACTION CONDUCTED AT A RETAIL LIQUOR STORE.

(d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED
UPON MARIJ UANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJ UANA
CULTIVATION FACILITY TO A MARIJ UANA PRODUCT MANUFACTURING FACILITY OR
TO A RETAIL MARIJ UANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT
PRIOR TO J ANUARY 1, 2017 AND AT A RATE TO BE DETERMINED BY THE
GENERAL ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO
ESTABLISH PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED.
PROVIDED, THE FIRST FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY
FROM ANY SUCH EXCISE TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL
CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF
TITLE 22, C.R.S., OR ANY SUCCESSOR FUND DEDICATED TO A SIMILAR
PURPOSE. PROVIDED FURTHER, NO SUCH EXCISE TAX SHALL BE LEVIED UPON
MARIJ UANA INTENDED FOR SALE AT MEDICAL MARIJ UANA CENTERS PURSUANT
TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJ UANA
CODE.

(e) NOT LATER THAN OCTOBER 1, 2013, EACH LOCALITY SHALL ENACT AN
ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY
THAT IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A
LICENSE TO OPERATE A MARIJ UANA ESTABLISHMENT WITHIN THE BOUNDARIES
OF THE LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE
ISSUANCE BY THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY
THE DEPARTMENT TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR
BECAUSE OF A FAILURE BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES
AS REQUIRED BY PARAGRAPH (g).

(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN
CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND
NUMBER OF MARIJ UANA ESTABLISHMENT OPERATIONS; ESTABLISHING
PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A
LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i),
SUCH PROCEDURES TO BE SUBJ ECT TO ALL REQUIREMENTS OF ARTICLE 4 OF
TITLE 24 OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY
SUCCESSOR PROVISION; ESTABLISHING A SCHEDULE OF ANNUAL OPERATING,
LICENSING, AND APPLICATION FEES FOR MARIJ UANA ESTABLISHMENTS,
PROVIDED, THE APPLICATION FEE SHALL ONLY BE DUE IF AN APPLICATION IS
SUBMITTED TO A LOCALITY IN ACCORDANCE WITH PARAGRAPH (i) AND A
LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED BY A LOCALITY IN
ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING CIVIL PENALTIES
FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING THE TIME,
PLACE, AND MANNER OF A MARIJ UANA ESTABLISHMENT THAT MAY OPERATE IN
SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJ UANA
CULTIVATION FACILITIES, MARIJ UANA PRODUCT MANUFACTURING FACILITIES,
MARIJ UANA TESTING FACILITIES, OR RETAIL MARIJ UANA STORES THROUGH THE
ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED
MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO PROHIBIT THE
OPERATION OF MARIJ UANA CULTIVATION FACILITIES, MARIJ UANA PRODUCT
MANUFACTURING FACILITIES, MARIJ UANA TESTING FACILITIES, OR RETAIL
MARIJ UANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT DURING AN
EVEN NUMBERED YEAR.

(g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A
MARIJ UANA ESTABLISHMENT SHALL BE SUBMITTED TO THE
DEPARTMENT. THE DEPARTMENT SHALL:

(I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON
OCTOBER 1, 2013;

(II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND
HALF OF THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH
THE APPLICANT DESIRES TO OPERATE THE MARIJ UANA
ESTABLISHMENT;

(III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN
FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION
UNLESS THE DEPARTMENT FINDS THE APPLICANT IS NOT IN
COMPLIANCE WITH REGULATIONS ENACTED PURSUANT TO
PARAGRAPH (a) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT LOCALITY
THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND
REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME
OF APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL
LIMIT ON THE NUMBER OF MARIJ UANA ESTABLISHMENTS AND A GREATER
NUMBER OF APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND
CONSIDER INPUT FROM THE LOCALITY AS TO THE LOCALITYS PREFERENCE OR
PREFERENCES FOR LICENSURE; AND

(IV) UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING
OF THE SPECIFIC REASON FOR ITS DENIAL.

(h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT
WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE
WITH PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC
REASON FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE
DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) AND
HAS ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT
ISSUED ANY LICENSES BY J ANUARY 1, 2014, THE APPLICANT MAY RESUBMIT ITS
APPLICATION DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND
THE LOCALITY MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY
ISSUING A LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF
RECEIPT OF THE RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND
NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH
ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT
AT THE TIME THE APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL
NOTIFY THE DEPARTMENT IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE
APPLICANT. IF AN APPLICATION IS SUBMITTED TO A LOCALITY UNDER THIS
PARAGRAPH, THE DEPARTMENT SHALL FORWARD TO THE LOCALITY THE
APPLICATION FEE PAID BY THE APPLICANT TO THE DEPARTMENT UPON REQUEST
BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY IN ACCORDANCE WITH THIS
PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT AS A LICENSE ISSUED
BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g) AND THE HOLDER
OF SUCH LICENSE SHALL NOT BE SUBJ ECT TO REGULATION OR ENFORCEMENT
BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR
RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL
BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW APPLICATION
SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g). NOTHING IN
THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO AN
AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO
ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.

(i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY
PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A
LOCALITY AFTER OCTOBER 1, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL
LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT
SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT
FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN
COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO
PARAGRAPH (f) IN EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE
DEPARTMENT IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A
LICENSE ISSUED BY A LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL
HAVE THE SAME FORCE AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT
IN ACCORDANCE WITH PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE
SHALL NOT BE SUBJ ECT TO REGULATION OR ENFORCEMENT BY THE
DEPARTMENT DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR
RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL
BASIS IF THE DEPARTMENT HAS NOT ADOPTED REGULATIONS REQUIRED BY
PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE DATE UPON WHICH SUCH
SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE OR IF THE
DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) BUT
HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH REGULATIONS,
ISSUED LICENSES PURSUANT TO PARAGRAPH (g).

(j) NOT LATER THAN J ULY 1, 2014, THE GENERAL ASSEMBLY SHALL ENACT
LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF
INDUSTRIAL HEMP.

(6) Employers, driving, minors and control of property.

(a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO
PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER,
DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJ UANA IN THE
WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE
POLICIES RESTRICTING THE USE OF MARIJ UANA BY EMPLOYEES.

(b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING
UNDER THE INFLUENCE OF MARIJ UANA OR DRIVING WHILE IMPAIRED BY
MARIJ UANA OR TO SUPERSEDE STATUTORY LAWS RELATED TO
DRIVING UNDER THE INFLUENCE OF MARIJ UANA OR DRIVING WHILE
IMPAIRED BY MARIJ UANA, NOR SHALL THIS SECTION PREVENT THE
STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING
UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJ UANA.

(c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE
TRANSFER OF MARIJ UANA, WITH OR WITHOUT REMUNERATION, TO A
PERSON UNDER THE AGE OF TWENTY-ONE OR TO ALLOW A PERSON
UNDER THE AGE OF TWENTY-ONE TO PURCHASE, POSSESS, USE,
TRANSPORT, GROW, OR CONSUME MARIJ UANA.

(d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER,
SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY
WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR
OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY,
TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF
MARIJ UANA ON OR IN THAT PROPERTY.

(7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION
SHALL BE CONSTRUED:

(a) TO LIMIT ANY PRIVILEGES OR RIGHTS OF A MEDICAL MARIJ UANA
PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION
14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJ UANA CODE;

(b) TO PERMIT A MEDICAL MARIJ UANA CENTER TO DISTRIBUTE MARIJ UANA
TO A PERSON WHO IS NOT A MEDICAL MARIJ UANA PATIENT;

(C) TO PERMIT A MEDICAL MARIJ UANA CENTER TO PURCHASE MARIJ UANA
OR MARIJ UANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED
UNDER THE COLORADO MEDICAL MARIJ UANA CODE;

(d) TO PERMIT ANY MEDICAL MARIJ UANA CENTER LICENSED PURSUANT TO
SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJ UANA CODE
TO OPERATE ON THE SAME PREMISES AS A RETAIL MARIJ UANA STORE; OR

(e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH,
OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM
THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL
MARIJ UANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO
MEDICAL MARIJ UANA CODE.

(8) Self-executing, severability, conflicting provisions. ALL PROVISIONS
OF THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE
SEVERABLE, AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL
SUPERSEDE CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR
RESOLUTION, AND OTHER STATE AND LOCAL PROVISIONS.

(9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL
PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL
DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR,
PURSUANT TO SECTION 1(4) OF ARTICLE V.