Regulation of Lawful Tetrahydrocannabinol Beverages

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 26-0146.02 Christopher McMichael x4775 SENATE BILL 26-164 SENATE SPONSORSHIP Gonzales J., HOUSE SPONSORSHIP Martinez and Woodrow, Senate Committees House Committees Finance A BILL FOR AN ACT CONCERNING THE REGULATION OF LAWFUL THC BEVERAGES. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill regulates the manufacture, distribution, sale, and consumption of lawful tetrahydrocannabinol (THC) beverages. A "lawful THC beverage" is defined as a nonalcoholic beverage product that is infused with THC derived from a legal source of hemp that contains no more than 10 milligrams of total THC per serving. The bill permits a person that is registered (registrant) with the department of public health and environment (CDPHE) as a hemp products manufacturer to manufacture lawful THC beverages if the Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

registrant uses an approved source of hemp, complies with rules adopted by the CDPHE related to product labeling, production, and transportation, and sells the lawful THC beverages under certain circumstances. A registrant that manufactures a lawful THC beverage shall only sell the lawful THC beverage to a wholesaler that is licensed by the state licensing authority in the department of revenue (DOR). The bill prohibits manufacturers from selling lawful THC beverages directly to a retail licensee or directly to a consumer. The bill directs the CDPHE to adopt rules related to the labeling, packaging, and consumer notice requirements for lawful THC beverages on or before January 1, 2028. A manufacturer of a lawful THC beverage shall also adhere to the testing standards and requirements adopted by the CDPHE for hemp products. A person licensed by the state licensing authority in the DOR (licensee) may sell a lawful THC beverage to a consumer if the licensee obtains a lawful THC beverage permit. A licensee must apply to the state licensing authority for the lawful THC beverage permit, and, if the lawful THC beverage permit is granted, the licensee may sell a lawful THC beverage under the rules of their existing license and additional rules adopted by the DOR specific to the sale of a lawful THC beverage. A licensee shall not: ! Sell a lawful THC beverage to an individual under 21 years old; ! Sell a lawful THC beverage to an individual who is visibly intoxicated; ! Allow a lawful THC beverage to be removed from the premises if the beverage is sold for on-site consumption; ! Permit the use of marijuana or marijuana products on the premises; or ! Mix a lawful THC beverage and an alcohol beverage in the same container. The bill prohibits the manufacture or sale of lawful THC beverages that are made from synthetic or semi-synthetic cannabinoids. The bill directs the DOR, in consultation with the CDPHE, to adopt rules related to the sale, transportation, inventory, recall, and seizure of lawful THC beverages. The bill permits a local government to prohibit the sale of lawful THC beverages within the local government's jurisdiction.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-5-427.5 as follows:

Regulation of lawful THC beverages - manufacture of lawful THC beverages - registration - permit - labeling requirements - definitions - rules.

(1) Definitions. AS USED IN THIS SECTION, UNLESS CONTEXT OTHERWISE REQUIRES:

(a) "APPROVED SOURCE" MEANS:

(I) CULTIVATED HEMP FROM A STATE THAT HAS AN APPROVED UNITED STATES DEPARTMENT OF AGRICULTURE HEMP PROGRAM;

(II) A PRODUCT FROM A WHOLESALE FOOD MANUFACTURER, HEMP PRODUCT MANUFACTURER, OR STORAGE FACILITY REGISTERED WITH THE DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-426;

(III) A SUBSTANCE THAT IS DESIGNATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS "GENERALLY RECOGNIZED AS SAFE" OR"GRAS";

(IV) HEMP PRODUCTS OR INGREDIENTS FROM ANOTHER STATE THAT INSPECTS OR REGULATES HEMP PRODUCTS UNDER A FOOD SAFETY PROGRAM OR EQUIVALENT CRITERIA TO ENSURE SAFETY FOR HUMAN CONSUMPTION; OR

(V) IF ANOTHER STATE DOES NOT INSPECT OR REGULATE HEMP PRODUCTS OR INGREDIENTS, THE OUT-OF-STATE HEMP SOURCE CAN DEMONSTRATE EQUIVALENCY BY:

(A) MAINTAINING AN ANNUAL 21 CFR 111 OR 117 CERTIFICATION CONDUCTED BY A QUALIFIED AUDITOR;

(B) PROVIDING EVIDENCE OF THE CERTIFICATION REQUIRED BY SUBSECTION (1)(a)(V)(A) OF THIS SECTION TO THE REGISTERED HEMP FACILITY IN COLORADO; AND

(C) PROVIDING DOCUMENTATION TO THE PURCHASER THAT ALL SUPPLIED HEMP PRODUCTS OR INGREDIENTS HAVE PASSED TESTING REQUIREMENTS FOR POTENCY, MICROBIALS, MYCOTOXINS, PESTICIDES, HEAVY METALS, AND RESIDUAL SOLVENTS IN ACCORDANCE WITH DEPARTMENT RULES.

(b) "FEDERAL CONFORMITY TRIGGER" MEANS THE EFFECTIVE DATE OF ANY FEDERAL LAW THAT RESTRICTS OR PROHIBITS THE INTRODUCTION OF A HEMP PRODUCT, INCLUDING A LAWFUL THC BEVERAGE, INTO INTERSTATE COMMERCE.

(c) "HEMP" HAS THE MEANING SET FORTH IN SECTION 25-5-427 (2)(b). (d) "HEMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION 25-5-427 (2)(d).

(e) (I) "LAWFUL THC BEVERAGE" MEANS A NONALCOHOLIC BEVERAGE PRODUCT FORMULATED FOR HUMAN CONSUMPTION THAT IS INFUSED WITH TETRAHYDROCANNABINOL (THC) DERIVED FROM A LEGAL SOURCE OF HEMP IN COLORADO OR AN APPROVED SOURCE OF HEMP IN ANOTHER STATE AND THAT CONTAINS NO MORE THAN TEN MILLIGRAMS OF TOTAL TETRAHYDROCANNABINOL (THC) PER SERVING.

(II) "LAWFUL THC BEVERAGE" DOES NOT INCLUDE A BEVERAGE PRODUCT THAT IS INFUSED WITH THC THAT IS DERIVED FROM:

(A) REGULATED MARIJUANA;

(B) A SEMI-SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-209 (2)(b); OR (C) A SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-209 (2)(c).

(III) IN THE EVENT OF A FEDERAL CONFORMITY TRIGGER, "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN SUBSECTIONS (1)(e)(I) AND BEVERAGE MUST BE:

(1)(e)(II) OF THIS SECTION; EXCEPT THAT THE LAWFUL THC

(A) INFUSED WITH THC DERIVED FROM A LEGAL SOURCE OF HEMP IN COLORADO;

(B) MANUFACTURED OR PRODUCED IN COLORADO;

(C) DISTRIBUTED, OFFERED FOR SALE, AND SOLD SOLELY AT RETAIL STORES IN COLORADO THAT HAVE A LAWFUL THC BEVERAGE PERMIT ISSUED IN ACCORDANCE WITH SECTION 44-8-103; AND

(D) NOT OFFERED FOR SALE OR DELIVERY OUTSIDE OF THE STATE.

(f) "REGISTRANT" MEANS A PERSON THAT IS REGISTERED WITH THE DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-427 (5) FOR THE MANUFACTURE OR PRODUCTION OF A HEMP PRODUCT.

(g) "REGULATED MARIJUANA" HAS THE MEANING SET FORTH IN SECTION 44-10-103 (54).

(h) "TETRAHYDROCANNABINOL" OR "THC" HAS THE MEANING SET FORTH IN SECTION 44-10-209 (2)(d).

(2) Manufacture of lawful THC beverages.

(a) A REGISTRANT MAY MANUFACTURE AND SELL LAWFUL THC BEVERAGES IF THE REGISTRANT:

(I) IS REGISTERED WITH THE DEPARTMENT TO MANUFACTURE HEMP PRODUCTS IN ACCORDANCE WITH SECTION 25-5-427 (5);

(II) USES AN APPROVED SOURCE OF HEMP TO MANUFACTURE THE LAWFUL THC BEVERAGES;

(III) COMPLIES WITH THE RULES ADOPTED BY THE DEPARTMENT FOR THE MANUFACTURE, PRODUCTION, LABELING, AND TRANSPORTATION OF LAWFUL THC BEVERAGES; AND

(IV) SELLS THE LAWFUL THC BEVERAGES IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION.

(b) (I) A REGISTRANT THAT MANUFACTURES A LAWFUL THC BEVERAGE MAY PRODUCE A LAWFUL THC BEVERAGE IN EITHER A SINGLE-SERVING CONTAINER, A MULTI-SERVING CONTAINER, OR BOTH.

(II) A SINGLE-SERVING LAWFUL THC BEVERAGE MUST:

(A) BE BOTTLED, CANNED, OR PLACED IN A CONTAINER OF NO LESS THAN FIFTY MILLILITERS AND NO MORE THAN NINETEEN AND TWO-TENTHS OUNCES;

(B) BE BOTTLED, CANNED, OR PLACED IN A CONTAINER THAT UTILIZES A TRADITIONAL PULL TAB OR BOTTLE CAP, UNLESS THE PRODUCT IS LESS THAN TWO FLUID OUNCES IN TOTAL;

(C) CONTAIN NO MORE THAN TEN MILLIGRAMS OF THC PER CONTAINER AND NO MORE THAN ONE SERVING PER CONTAINER; AND

(D) BE SOLD IN A PACK OF TWENTY-FOUR CANS, BOTTLES, OR CONTAINERS OR FEWER.

(III) A MULTI-SERVING LAWFUL THC BEVERAGE MUST:

(A) BE BOTTLED OR PLACED IN A CONTAINER OF NO LESS THAN THREE HUNDRED SEVENTY MILLILITERS AND NO MORE THAN ONE AND THREE-QUARTERS LITERS;

(B) BE BOTTLED OR PLACED IN A RESEALABLE CONTAINER THAT USES A SCREW-TOP OR CORK-STYLE CAP; AND

(C) BE MEASURED IN ONE AND ONE-HALF OUNCE SERVINGS OR LESS AND CONTAIN NO MORE THAN TEN MILLIGRAMS OF THC PER SERVING.

(c) A REGISTRANT THAT MANUFACTURES A LAWFUL THC BEVERAGE MUST COMPLY WITH ALL APPLICABLE RULES RELATED TO THE TESTING, LABELING, PACKAGING, AND CONCENTRATION REQUIREMENTS FOR HEMP PRODUCTS ADOPTED BY THE DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-427 (3)(f) AND SUBSECTION (5) OF THIS SECTION.

(3) Sale and distribution.

(a) (I) A REGISTRANT THAT MANUFACTURES A LAWFUL THC BEVERAGE SHALL ONLY SELL THE LAWFUL THC BEVERAGE TO A WHOLESALER THAT IS LICENSED PURSUANT TO SECTION 44-3-407 AND THAT HOLDS A LAWFUL THC BEVERAGE PERMIT GRANTED PURSUANT TO

SECTION 44-8-103.

(II) A REGISTRANT THAT MANUFACTURES LAWFUL THC BEVERAGES AND SELLS THE LAWFUL THC BEVERAGES TO A WHOLESALER IN ACCORDANCE WITH SUBSECTION (3)(a)(I) OF THIS SECTION MAY USE OR EMPLOY A RETAIL MARIJUANA TRANSPORTER, AS DEFINED IN SECTION 44-10-103 (65), TO DELIVER AND TRANSPORT THE LAWFUL THC BEVERAGES TO THE WHOLESALER'S FACILITY.

(b) A REGISTRANT THAT MANUFACTURES LAWFUL THC BEVERAGES SHALL NOT SELL DIRECTLY TO A PERSON LICENSED PURSUANT TO ARTICLE 3 OF TITLE 44 OR ARTICLE 10 OF TITLE 44.

(c) A REGISTRANT THAT MANUFACTURES LAWFUL THC BEVERAGES SHALL NOT SELL LAWFUL THC BEVERAGES DIRECTLY TO A CONSUMER.

(4) Labeling - packaging - testing.

(a) IN ADDITION TO ALL LABELING, PACKAGING, AND CONSUMER NOTICE REQUIREMENTS FOR HEMP PRODUCTS ADOPTED BY THE DEPARTMENT IN ACCORDANCE WITH SECTION 25-5-427, A REGISTRANT THAT MANUFACTURES A LAWFUL THC BEVERAGE SHALL ENSURE THAT THE LABEL AND PACKAGING OF A LAWFUL THC BEVERAGE CONTAIN THE FOLLOWING:

(I) A STATEMENT THAT THE PRODUCT IS NOT APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION;

(II) AN EXPIRATION DATE;

(III) THE TOTAL AMOUNT, IN MILLIGRAMS, OF ANY HEMP-DERIVED INTOXICATING CANNABINOID PER SERVING AND THE NUMBER OF SERVINGS PER CONTAINER;

(IV) THE TOTAL AMOUNT, IN MILLIGRAMS, OF ANY HEMP-DERIVED INTOXICATING CANNABINOID IN THE ENTIRE CONTAINER OR PACKAGE; AND

(V) A NUTRITION FACTS PANEL.

(b) (I) THE LABEL, PACKAGING, ADVERTISEMENT, OR TRADE DRESS OF A LAWFUL THC BEVERAGE SHALL NOT INCLUDE IMAGES OR DESIGNS THAT ARE INTENDED TO BE ATTRACTIVE TO INDIVIDUALS UNDER TWENTY-ONE YEARS OLD.

(II) A LABEL, PACKAGE, ADVERTISEMENT, OR TRADE DRESS FOR A LAWFUL THC BEVERAGE IS CONSIDERED ATTRACTIVE TO INDIVIDUALS UNDER TWENTY-ONE YEARS OLD IF:

(A) IT INCLUDES CARTOONS, DRAWINGS, OR DEPICTIONS OF OBJECTS, PERSONS, ANIMALS, OR OTHER CREATURES THAT FEATURE COMICALLY EXAGGERATED CHARACTERISTICS; ATTRIBUTE HUMAN CHARACTERISTICS TO ANIMALS, PLANTS, OR OBJECTS; OR PORTRAY ANY UNNATURAL OR EXTRA-HUMAN ABILITIES; OR

(B) IT IS SUBSTANTIALLY SIMILAR TO PRODUCTS COMMONLY MARKETED TO OR USED BY INDIVIDUALS UNDER TWENTY-ONE OLD, INCLUDING CANDY, SODA, JUICE BEVERAGES, COOKIES, CEREAL, OR OTHER SIMILAR PRODUCTS.

(III) THE INCLUSION OR DESCRIPTION OF FLAVOR, INGREDIENTS, OR OTHER PRODUCT CHARACTERISTICS IS NOT CONSIDERED TO BE ATTRACTIVE TO INDIVIDUALS UNDER TWENTY-ONE YEARS OLD FOR THE PURPOSES OF THIS SUBSECTION (4)(b).

(c) (I) PRIOR TO THE SALE OR DISTRIBUTION OF A LAWFUL THC BEVERAGE, A REGISTRANT THAT MANUFACTURES A LAWFUL BEVERAGE SHALL HAVE THE LAWFUL THC BEVERAGE TESTED PURSUANT TO THE RULES ADOPTED BY THE DEPARTMENT FOR THE TESTING OF HEMP PRODUCTS IN ACCORDANCE WITH THIS SECTION.

THC

(II) THE DEPARTMENT SHALL DEVELOP TESTING STANDARDS FOR LAWFUL THC BEVERAGES, INCLUDING TESTING STANDARDS THAT:

(A) VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY TO ENSURE ACCURATE LABELING AND CANNABINOID PROFILE FOR THE LAWFUL THC BEVERAGE;

(B) ESTABLISH AN ACCEPTABLE VARIANCE FOR THC POTENCY REPRESENTATIONS, WHICH VARIANCE MUST NOT BE MORE THAN TEN PERCENT;

(C) ESTABLISH PROCEDURES TO ADDRESS ANY THC POTENCY MISREPRESENTATIONS, INCLUDING CORRECTIVE ACTION, RELABELING, OR PRODUCT RECALL; AND

(D) ENSURE THAT LAWFUL THC BEVERAGES ARE SUBJECT TO TESTING, SAMPLING, AND QUALITY-CONTROL STANDARDS THAT ARE SUBSTANTIALLY QUALITY-CONTROL STANDARDS APPLICABLE TO OTHER HEMP PRODUCTS.

(5) Rules. ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT, IN CONSULTATION WITH THE STATE LICENSING AUTHORITY CREATED IN

SECTION 44-3-201, SHALL ADOPT RULES RELATED TO THE MANUFACTURE AND SALE OF LAWFUL THC BEVERAGES CONSISTENT WITH THIS SECTION, INCLUDING:

EQUIVALENT TO THE TESTING, SAMPLING, AND (a) THE MANUFACTURE OF LAWFUL THC BEVERAGES BY A REGISTRANT IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION;

(b) THE SALE AND DISTRIBUTION OF LAWFUL THC BEVERAGES BY A REGISTRANT IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION;

(c) TESTING, LABELING, AND PACKAGING REQUIREMENTS FOR LAWFUL THC BEVERAGES CONSISTENT WITH THE TESTING AND LABELING REQUIREMENTS FOR HEMP PRODUCTS DEVELOPED IN ACCORDANCE WITH

SECTION 25-5-427 (3)(f) AND SUBSECTION (4) OF THIS SECTION; AND

(d) THE SAFE AND EFFECTIVE REGULATION AND TESTING OF LAWFUL THC BEVERAGES MANUFACTURED BY A PERSON FROM ANOTHER STATE USING AN APPROVED SOURCE OF HEMP.

THIS SECTION DOES NOT PERMIT A REGISTRANT TO MANUFACTURE OR SELL A BEVERAGE PRODUCT THAT IS INFUSED WITH THC THAT IS A SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-209 (2)(c), OR A SEMI-SYNTHETIC CANNABINOID, AS DEFINED IN

SECTION 44-10-209 (2)(b).

SECTION 2. In Colorado Revised Statutes, 25-5-427, amend (2)(d), (4)(c)(I)(A), (4)(d)(II)(A), (8)(f)(II)(C), (8)(f)(II)(D), (8)(g)(II)(C), and (8)(g)(II)(D); and add (2)(e.5), (8)(f)(II)(E), and (8)(g)(II)(E) as follows:

Classes of hemp-derived compounds and cannabinoid - definitions - registration required - prohibitions - safe harbor - rules.

(2) Definitions. As used in this section, unless the context otherwise requires:

(d) "Hemp product" means:

(I) A finished product that contains hemp and that:

(I) (A) Is a cosmetic, a dietary supplement, a food, a food additive, or an herb;

(II) (B) Is intended for human use or consumption;

(III) (C) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, or resins;

(IV) (D) Is produced from hemp;

(V) (E) Contains no more than one and three-fourths milligrams of THC per serving; and (VI) (F) Contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one; OR

(II) A LAWFUL THC BEVERAGE.

(e.5) "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN

SECTION 25-5-427.5 (1)(e).

Classifications of hemp-derived compounds and cannabinoids - rules.

(c) (I) A person shall not:

(A) Manufacture, produce, or distribute a potentially intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the potentially intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado OR IS A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH

SECTION 25-5-427.5; or

(d) (II) A person shall not:

(A) Manufacture, produce, or distribute an intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado OR IS A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH SECTION 25-5-427.5; or

(8) Offenses. It is unlawful to engage in or knowingly cause a person to engage in any of the following acts:

(f) (II) This subsection (8)(f) does not apply to:

(C) Cosmetics; or (D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

FEDERAL ACT; OR

(E) A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH SECTION 25-5-427.5.

(g) (II) This subsection (8)(g) does not apply to:

(C) Cosmetics; or (D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.

FEDERAL ACT; OR

(E) A LAWFUL THC BEVERAGE MANUFACTURED OR SOLD IN ACCORDANCE WITH SECTION 25-5-427.5.

SECTION 3. In Colorado Revised Statutes, add article 8 to title 44 as follows:

ARTICLE 8 Regulation of Lawful THC Beverages

44-8-101. Legislative declaration.

THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE REGULATION AND SALE OF LAWFUL THC BEVERAGES IS A MATTER OF STATEWIDE CONCERN AND SHOULD BE UNIFORM THROUGHOUT THE STATE.

44-8-102. Definitions.

AS USED IN THIS ARTICLE 8, UNLESS CONTEXT OTHERWISE REQUIRES:

(1) "ALCOHOL BEVERAGE" HAS THE MEANING SET FORTH IN SECTION 44-3-103 (2).

(2) "DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CREATED IN

SECTION 24-1-119.

(3) "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN SECTION 25-5-427.5 (1)(e).

(4) "LAWFUL THC BEVERAGE PERMIT" MEANS A PERMIT GRANTED BY THE STATE LICENSING AUTHORITY THAT PERMITS A LICENSEE TO SELL OR DISTRIBUTE LAWFUL THC BEVERAGES.

(5) "LICENSEE" MEANS:

(a) AN ESTABLISHMENT LICENSED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE 3 OF THIS TITLE 44 THAT SELLS OR DISTRIBUTES ALCOHOL BEVERAGES AND HAS A LAWFUL THC BEVERAGE PERMIT;

(b) A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS LICENSED IN ACCORDANCE WITH SECTION 44-10-610 AND THAT HAS A LAWFUL THC BEVERAGE PERMIT; OR

(c) A RETAIL MARIJUANA TRANSPORTER LICENSED IN ACCORDANCE WITH 44-10-605 AND THAT HAS A LAWFUL THC BEVERAGE PERMIT.

(6) "REGULATED MARIJUANA" HAS THE MEANING SET FORTH IN SECTION 44-10-103 (54).

(7) "RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS" HAS THE MEANING SET FORTH IN SECTION 44-10-103 (60.5).

(8) "RETAIL MARIJUANA TRANSPORTER" HAS THE MEANING SET FORTH IN SECTION 44-10-103 (65).

(9) "STATE LICENSING AUTHORITY" OR "LIQUOR ENFORCEMENT DIVISION" MEANS THE STATE LICENSING AUTHORITY CREATED IN SECTION

(10) "TETRAHYDROCANNABINOL" OR "THC" HAS THE MEANING SET FORTH IN 44-10-209 (2)(d).

44-8-103. Lawful THC beverage permit - application - fees.

(1) A LICENSEE MAY APPLY TO THE STATE LICENSING AUTHORITY TO RECEIVE A LAWFUL THC BEVERAGE PERMIT, WHICH AUTHORIZES THE LICENSEE TO SELL OR DISTRIBUTE LAWFUL ACCORDANCE WITH THIS ARTICLE 8.

THC BEVERAGES IN

(2) (a) TO APPLY FOR A LAWFUL THC BEVERAGE PERMIT, A LICENSEE MUST SUBMIT AN APPLICATION TO THE STATE LICENSING AUTHORITY AND PAY ANY APPLICATION OR PERMITTING FEE IN AN AMOUNT DETERMINED BY THE STATE LICENSING AUTHORITY IN ACCORDANCE WITH

SECTION 44-3-501 (3)(a)(XXIV).

(b) THE STATE LICENSING AUTHORITY SHALL NOT SET THE AMOUNT OF THE APPLICATION OR PERMITTING FEE REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION IN AN AMOUNT GREATER THAN THE AMOUNT REQUIRED TO COVER THE DEPARTMENT'S DIRECT AND INDIRECT COSTS TO ADMINISTER AND ENFORCE THIS ARTICLE 8.

(c) THE STATE LICENSING AUTHORITY SHALL TRANSMIT ANY APPLICATION AND PERMITTING FEES COLLECTED IN ACCORDANCE WITH THIS SUBSECTION (2) TO THE STATE TREASURER, WHO SHALL CREDIT THE APPLICATION AND PERMITTING FEES TO THE LIQUOR ENFORCEMENT DIVISION AND STATE LICENSING AUTHORITY CASH FUND CREATED IN

SECTION 44-6-101.

(3) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (3)(b) AND (3)(c) OF THIS SECTION, A LICENSEE THAT OBTAINS A LAWFUL THC BEVERAGE PERMIT MAY SELL OR DISTRIBUTE LAWFUL THC BEVERAGES IN THE MANNER THAT THE LICENSEE IS AUTHORIZED TO SELL OR DISTRIBUTE ALCOHOL BEVERAGES UNDER THE LICENSE GRANTED BY THE STATE LICENSING AUTHORITY IF THE LICENSEE COMPLIES WITH THIS ARTICLE 8 AND ANY RELEVANT RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 8.

(b) A LICENSEE THAT IS A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS AND THAT OBTAINS A LAWFUL THC BEVERAGE PERMIT MAY SELL LAWFUL THC BEVERAGES IN THE MANNER THAT THE LICENSEE IS AUTHORIZED TO SELL REGULATED MARIJUANA PRODUCTS UNDER THE LICENSE GRANTED PURSUANT TO SECTION 44-10-610 IF THE LICENSEE COMPLIES WITH THIS ARTICLE 8 AND ANY RELEVANT RULES ADOPTED PURSUANT TO THIS ARTICLE 8 OR SECTION 44-10-610 (6).

(c) A LICENSEE THAT IS A RETAIL MARIJUANA TRANSPORTER THAT OBTAINS A LAWFUL THC BEVERAGE PERMIT MAY TRANSPORT LAWFUL THC BEVERAGES IN THE MANNER THAT THE LICENSEE IS AUTHORIZED TO TRANSPORT AND DISTRIBUTE REGULATED MARIJUANA PRODUCTS UNDER THE LICENSE GRANTED PURSUANT TO SECTION 44-10-605 IF THE LICENSEE COMPLIES WITH THIS ARTICLE 8 AND ANY RELEVANT RULES ADOPTED PURSUANT TO THIS ARTICLE 8 OR SECTION 44-10-605.

44-8-104. Sale of lawful THC beverages - requirements labeling - prohibitions.

(1) (a) A LICENSEE WITH A LAWFUL THC BEVERAGE PERMIT MAY SELL OR DISTRIBUTE A LAWFUL THC BEVERAGE.

(b) A LICENSEE WITH A LAWFUL THC BEVERAGE PERMIT SHALL ONLY OFFER A LAWFUL THC BEVERAGE FOR SALE IF THE LICENSEE HAS PURCHASED A LAWFUL THC BEVERAGE FROM:

(I) A WHOLESALER THAT IS LICENSED PURSUANT TO SECTION 44-3-407 AND THAT HOLDS A LAWFUL THC BEVERAGE PERMIT ISSUED PURSUANT TO SECTION 44-8-103; OR (II) A LICENSEE WITH A MANUFACTURER'S LICENSE ISSUED PURSUANT TO SECTION 44-3-402, A LAWFUL THC BEVERAGE PERMIT ISSUED PURSUANT TO SECTION 44-8-103, AND A WHOLESALER'S LICENSE ISSUED PURSUANT TO SECTION 44-3-407.

(2) (a) A LAWFUL THC BEVERAGE MUST BE SOLD TO A CUSTOMER IN A SEALED, PREPACKAGED CONTAINER FOR OFF-PREMISES CONSUMPTION OR SERVED FOR ON-SITE CONSUMPTION IN COMPLIANCE WITH SUBSECTION (2)(b) OF THIS SECTION.

(b) IF A LAWFUL THC BEVERAGE IS SOLD TO A CUSTOMER FOR ON-SITE CONSUMPTION, THE LAWFUL THC BEVERAGE MUST:

(I) BE IN AN OPEN, PREPACKAGED CAN OR BOTTLE THAT CONTAINS NO MORE THAN TEN MILLIGRAMS OF TOTAL THC PER SERVING; OR

(II) BE SERVED AS A NONALCOHOLIC MIXED DRINK FOR ON-SITE CONSUMPTION IN ACCORDANCE WITH RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO SECTION 44-8-106.

(3) A LAWFUL THC BEVERAGE OFFERED FOR SALE MUST COMPLY WITH ALL APPLICABLE RULES RELATED TO THE TESTING, LABELING, PACKAGING, AND CONCENTRATION REQUIREMENTS THAT HAVE BEEN ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH ENVIRONMENT IN ACCORDANCE WITH SECTION 25-5-427.5 (5).

(4) WHEN OFFERING A LAWFUL THC BEVERAGE FOR SALE OR DISTRIBUTION, A LICENSEE SHALL ENSURE THAT:

(a) ALL LAWFUL THC BEVERAGES SOLD BY THE LICENSEE ARE CLEARLY LABELED IN COMPLIANCE WITH THE RULES ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH SECTION 25-5-427.5; AND

(b) A CUSTOMER IS NOTIFIED OF THE CANNABINOID CONTENT AND CONCENTRATION OF THE BEVERAGE AT THE POINT OF SALE THROUGH PRODUCT LABELING, SIGNAGE, MENUS, OR OTHER WRITTEN MATERIALS.

(5) (a) A LICENSEE SHALL NOT SERVE A LAWFUL THC BEVERAGE TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OLD. THE LICENSEE AND THE LICENSEE'S EMPLOYEES SHALL VERIFY THAT AN INDIVIDUAL MEETS THE AGE REQUIREMENT IN ACCORDANCE WITH SECTION 44-3-901 (1)(b) OR 44-10-610 (2)(l).

(b) A LICENSEE SHALL ENSURE THAT ALL EMPLOYEES INVOLVED IN THE SALE OR SERVICE OF LAWFUL THC BEVERAGES COMPLETE A RESPONSIBLE CANNABIS-FOCUSED TRAINING PROGRAM TO PROMOTE SAFE CONSUMPTION OF LAWFUL THC BEVERAGES.

VENDOR TRAINING PROGRAM OR AN EQUIVALENT

(6) A LICENSEE SHALL NOT:

(a) SELL A LAWFUL THC BEVERAGE TO AN INDIVIDUAL WHO IS VISIBLY INTOXICATED;

(b) ALLOW A LAWFUL THC BEVERAGE SOLD ON THE PREMISES FOR ON-SITE CONSUMPTION TO BE REMOVED FROM THE LICENSED PREMISES;

(c) EXCEPT FOR A LICENSEE THAT IS A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS, PERMIT THE USE OF REGULATED MARIJUANA OR REGULATED MARIJUANA PRODUCTS THAT ARE NOT A LAWFUL THC BEVERAGE ON THE PREMISES;

(d) SELL A LAWFUL THC BEVERAGE TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OLD; OR

(e) MIX A LAWFUL THC BEVERAGE AND AN ALCOHOL BEVERAGE IN THE SAME CONTAINER.

(7) (a) A LICENSEE THAT HAS A RETAIL LIQUOR STORE LICENSE MAY SELL LAWFUL THC BEVERAGES THAT CONTAIN A POTENCY AMOUNT ABOVE THREE MILLIGRAMS OF THC PER SERVING BUT NOT MORE THAN TEN MILLIGRAMS OF THC PER SERVING IN EITHER A SINGLE-SERVING CONTAINER OR MULTI-SERVING CONTAINER.

(b) A LICENSEE THAT HAS A CONVENIENCE STORE LICENSE OR GROCERY STORE LICENSE MAY ONLY SELL LAWFUL THC BEVERAGES THAT CONTAIN A POTENCY AMOUNT OF THREE MILLIGRAMS OF THC OR LESS PER SERVING IN A SINGLE-SERVING CONTAINER.

(8) EXCEPT FOR A LICENSEE THAT HAS A RETAIL LIQUOR STORE LICENSE ISSUED PURSUANT TO SECTION 44-3-409, A LICENSEE SHALL NOT SHIP OR DELIVER A LAWFUL THC BEVERAGE DIRECTLY TO A CONSUMER.

(9) NOTHING IN THIS SECTION PERMITS A LICENSEE TO SELL OR SERVE A BEVERAGE PRODUCT THAT IS INFUSED WITH THC DERIVED FROM A SEMI-SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-209 (2)(b), OR A SYNTHETIC CANNABINOID, AS DEFINED IN SECTION 44-10-209 (2)(c).

44-8-105. Rules for transportation, inventory, and recall of lawful THC beverages - seizure of products.

(1) ON OR BEFORE JANUARY 1, 2028, THE STATE LICENSING AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , TRANSPORTATION, INVENTORY, AND RECALL OF LAWFUL THC BEVERAGES.

THESE RULES MUST INCLUDE:

SHALL ADOPT RULES RELATED TO THE

(a) WHOLESALER REQUIREMENTS CONSISTENT WITH ARTICLES 3 AND 10 OF THIS TITLE 44 TO AUTHORIZE THE WHOLESALE OF LAWFUL THC BEVERAGES BY A PERSON THAT:

(I) HAS A WHOLESALER'S LICENSE ISSUED PURSUANT TO SECTION 44-3-407 AND A LAWFUL THC BEVERAGE PERMIT; (II) IS A CRAFT BEVERAGE MANUFACTURER WITH WHOLESALE PRIVILEGES AND A LAWFUL THC BEVERAGE PERMIT; OR

(III) HAS A RETAIL MARIJUANA TRANSPORTER'S LICENSE ISSUED PURSUANT TO SECTION 44-10-605 AND A LAWFUL THC BEVERAGE PERMIT;

(b) RECALL, EMBARGO, AND ENFORCEMENT PROVISIONS CONSISTENT WITH ARTICLES 3 AND 10 OF THIS TITLE 44 TO ENSURE THAT LAWFUL THC BEVERAGES MAY BE RECALLED AND WITHDRAWN FROM THE MARKET SAFELY AND EFFECTIVELY;

(c) RULES FOR THE TRANSPORTATION AND DELIVERY OF LAWFUL THC BEVERAGES CONSISTENT WITH ARTICLES 3 AND 10 OF THIS TITLE 44, INCLUDING PROVISIONS SPECIFIC TO THE TRANSPORTATION OF LAWFUL THC BEVERAGES TO LICENSEES AND RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESSES; AND

(d) STORAGE, TRACKING, AND MONITORING OF LAWFUL THC BEVERAGES DURING THE PERIOD BETWEEN THE MANUFACTURE AND RETAIL SALE OF THE BEVERAGES TO ENSURE THAT THE LAWFUL THC BEVERAGES ARE TRACEABLE AND MAINTAINED SAFELY.

(2) THE STATE LICENSING AUTHORITY MAY SEIZE, DESTROY, OR CONFISCATE A LAWFUL THC BEVERAGE THAT IS:

(a) SOLD, OFFERED FOR SALE, OR DISPLAYED TO A CUSTOMER AT A LOCATION THAT IS NOT PROPERLY LICENSED OR PERMITTED IN ACCORDANCE WITH THIS ARTICLE 8; OR

(b) OTHERWISE IN VIOLATION OF THIS ARTICLE 8 OR RULES ADOPTED BY THE STATE LICENSING AUTHORITY.

44-8-106. Powers and duties of the state licensing authority enforcement - rules.

(1) ON OR BEFORE JANUARY 1, 2028, THE STATE LICENSING AUTHORITY SHALL ADOPT RULES NECESSARY TO IMPLEMENT AND ENFORCE THIS ARTICLE 8, INCLUDING RULES RELATED TO:

(a) THE ISSUANCE OF LAWFUL THC BEVERAGE PERMITS TO LICENSEES IN ACCORDANCE WITH SECTION 44-8-103;

(b) THE SALE OF LAWFUL THC BEVERAGES BY LICENSEES THAT OBTAIN A LAWFUL THC BEVERAGE PERMIT IN ACCORDANCE WITH SECTION (c) THE ESTABLISHMENT OF SAFETY STANDARDS FOR THE TRANSPORTATION, INVENTORY, AND RECALL OF LAWFUL THC BEVERAGES IN ACCORDANCE WITH SECTION 44-8-105;

(d) ALLOWING A LICENSEE TO USE OR SELL LARGE-CONTAINER LAWFUL THC BEVERAGES, SUCH AS SEVEN-HUNDRED-FIFTY-MILLILITER BOTTLES, FOR SERVING LAWFUL THC BEVERAGE NONALCOHOLIC MIXED DRINKS FOR ON-SITE CONSUMPTION;

(e) THE ISSUANCE OF LAWFUL THC BEVERAGE LICENSE ENDORSEMENTS TO A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS AND A RETAIL MARIJUANA TRANSPORTER SO THAT THE BUSINESS MAY PURCHASE SELL, TRANSPORT, STORE, AND DISTRIBUTE LAWFUL THC BEVERAGES TO CONSUMERS IN ACCORDANCE WITH THIS ARTICLE 8;

(f) THE WHOLESALE AND DISTRIBUTION OF LAWFUL THC BEVERAGES BY WHOLESALERS IN ACCORDANCE WITH SECTION 44-8-105;

(g) THE ENFORCEMENT OF THIS ARTICLE 8 CONSISTENT WITH THE ENFORCEMENT OF ALCOHOL BEVERAGE VIOLATIONS IN ACCORDANCE WITH PART 9 OF ARTICLE 3 OF THIS TITLE 44;

(h) THE SEIZURE OF LAWFUL THC BEVERAGES BY THE STATE LICENSING AUTHORITY IN ACCORDANCE WITH SECTION 44-8-105;

(i) THE ESTABLISHMENT OF PENALTY STRUCTURES FOR VIOLATIONS OF THIS ARTICLE 8 AND RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 8;

(j) THE ENFORCEMENT OF THIS ARTICLE 8, INCLUDING BY CONDUCTING COMPLIANCE CHECKS AND ACCEPTING AND INVESTIGATING CLAIMS FROM CUSTOMERS OR THIRD PARTIES RELATED TO THE SALE, WHOLESALE, OR DISTRIBUTION OF LAWFUL THC BEVERAGES; AND (k) OTHER RULES RELATED TO THE SALE, WHOLESALE, OR DISTRIBUTION OF LAWFUL THC BEVERAGES, INCLUDING RULES RELATED TO TRADE PRACTICE REQUIREMENTS, SALES BELOW COST, LOYALTY PROGRAMS, LAWFUL THC BEVERAGE TASTINGS, PROMOTIONS, AND ADVERTISING.

(2) THE STATE LICENSING AUTHORITY SHALL NOT ADOPT ANY RULE THAT PROHIBITS A LICENSEE FROM HOLDING A PARTIAL FINANCIAL INTEREST IN A MANUFACTURER OF LAWFUL THC BEVERAGES REGISTERED WITH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH SECTIONS 25-5-427 AND 25-5-427.5.

(3) A LICENSEE THAT VIOLATES THIS ARTICLE 8 IS SUBJECT TO THE SAME ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES APPLICABLE TO ALCOHOL BEVERAGE VIOLATIONS IN ACCORDANCE WITH PART 9 OF ARTICLE 3 OF THIS TITLE 44.

44-8-107. Local regulation of lawful THC beverages.

(1) THE GOVERNING BODY OF A LOCAL GOVERNMENT SHALL NOT ADOPT AN ORDINANCE, RESOLUTION, RULE, REGULATION, OR OTHER LAW THAT:

(a) IMPOSES ADDITIONAL PRODUCT, LABELING, OR SERVICE REQUIREMENTS BEYOND THE REQUIREMENTS OF THIS ARTICLE 8, ANY RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO THIS ARTICLE 8, OR RULES ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTION 25-5-427 OR 25-5-427.5; OR

(b) CREATES MEANINGFUL DISTINCTIONS BETWEEN ALCOHOL BEVERAGES AND LAWFUL THC BEVERAGES WHERE STATE LAW TREATS BOTH ALCOHOL BEVERAGES AND LAWFUL THC BEVERAGES SIMILARLY.

PROHIBIT JURISDICTION FROM SELLING A LAWFUL THC BEVERAGE THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE, WHICH INITIATED OR REFERRED MEASURE TO PROHIBIT THE SALE OF LAWFUL THC BEVERAGES WITHIN THE LOCAL GOVERNMENT'S JURISDICTION MUST APPEAR ON A GENERAL ELECTION BALLOT DURING AN EVEN-NUMBERED YEAR.

THE GOVERNING BODY OF A LOCAL GOVERNMENT MAY LICENSEES OPERATING IN THE LOCAL GOVERNMENT'S

(3) NOTHING IN THIS SECTION PROHIBITS A LOCAL GOVERNMENT FROM ENACTING LAWS RELATED TO THE SALE OF LAWFUL BEVERAGES WITH RESPECT TO THE TIME, PLACE, OR MANNER IN WHICH THE LAWFUL THC BEVERAGES ARE SOLD.

THC

SECTION 4. In Colorado Revised Statutes, 44-3-501, amend (3)(a)(XXII) and (3)(a)(XXIII); and add (3)(a)(XXIV) as follows:

44-3-501. State fees - rules.

(3) (a) The state licensing authority shall establish fees for processing the following types of applications, notices, or reports required to be submitted to the state licensing authority:

(XXII) Applications for each noncontiguous manufacturing facility pursuant to section 44-3-402 and rules adopted pursuant to that section; and

(XXIII) Applications for an alcohol beverage shipper license pursuant to section 44-3-430 and rules adopted pursuant to that section;

AND

(XXIV) APPLICATIONS FOR A LAWFUL THC BEVERAGE PERMIT PURSUANT TO SECTION 44-8-103 (2)(a).

SECTION 5. In Colorado Revised Statutes, 44-3-901, amend (6)(q); and add (12) as follows:

44-3-901. Unlawful acts - exceptions - definitions.

(6) It is unlawful for any person licensed to sell at retail pursuant to this article 3 or article 4 of this title 44:

(q) (I) To knowingly permit the illegal sale, or negotiations for the sale, of a controlled substance, as defined in section 18-18-102 (5), on the licensee's licensed premises, EXCEPT FOR THE SALE OF LAWFUL THC BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e), IN ACCORDANCE WITH ARTICLE 8 OF THIS TITLE 44 AND ANY RULES ADOPTED BY THE STATE LICENSING AUTHORITY PURSUANT TO ARTICLE 8 OF THIS TITLE 44.

(II) This subsection (6)(q) does not prohibit a pharmacy licensed by the state board of pharmacy from selling lawfully prescribed controlled substances at a liquor-licensed drugstore.

(12) IN ACCORDANCE WITH SECTION 44-8-106 (3), THE PROVISIONS OF THIS SECTION AND THE CORRESPONDING PROVISIONS IN SECTION 44-3-904 APPLY TO THE SALE AND CONSUMPTION OF LAWFUL THC BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e).

SECTION 6. In Colorado Revised Statutes, 44-10-103, amend (60.5) as follows:

44-10-103. Definitions - rules.

As used in this article 10, unless the context otherwise requires:

(60.5) (a) "Retail marijuana hospitality and sales business" means a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana, or retail marijuana products, OR LAWFUL THC BEVERAGES it has sold pursuant to the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates.

(b) AS USED IN THIS SUBSECTION (60.5), "LAWFUL THC BEVERAGE" HAS THE MEANING SET FORTH IN SECTION 25-5-427.5 (1)(e).

SECTION 7. In Colorado Revised Statutes, 44-10-605, add (6) as follows: 44-10-605. Retail marijuana transporter license - lawful THC beverage permit - definition - rules.

(6) ON OR BEFORE JANUARY 1, 2028, THE STATE LICENSING AUTHORITY, CREATED IN SECTION 44-10-201, SHALL ADOPT RULES THAT PERMIT A RETAIL MARIJUANA TRANSPORTER LICENSEE TO OBTAIN A LAWFUL THC BEVERAGE PERMIT PURSUANT TO SECTION 44-8-103 IN ORDER TO SELL, STORE, TRANSPORT, AND DISTRIBUTE LAWFUL THC BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e), IN ACCORDANCE WITH ARTICLE 8 OF THIS TITLE 44.

SECTION 8. In Colorado Revised Statutes, 44-10-610, add (6) as follows: 44-10-610. Retail marijuana hospitality and sales business license - lawful THC permit - rules.

(6) ON OR BEFORE JANUARY 1, 2028, THE STATE LICENSING AUTHORITY, CREATED IN SECTION 44-10-201, SHALL ADOPT RULES THAT PERMIT A RETAIL MARIJUANA HOSPITALITY AND SALES BUSINESS LICENSEE TO OBTAIN A LAWFUL THC BEVERAGE PERMIT PURSUANT TO SECTION 44-8-103 IN ORDER TO SELL OR SERVE LAWFUL THC BEVERAGES, AS DEFINED IN SECTION 25-5-427.5 (1)(e), FOR ON-PREMISES CONSUMPTION IN ACCORDANCE WITH ARTICLE 8 OF THIS TITLE 44.

SECTION 9. Act subject to petition - effective date. Section 25-5-427.5 (1), (2), (3), (4), and (6), Colorado Revised Statutes, as enacted in section 1 of this act; section 25-5-427, Colorado Revised Statutes, as amended in section 2 of this act; sections 44-8-101, 44-8-102, 44-8-103, 44-8-104, 44-8-105 (2), 44-8-106 (2) and (3), and 44-8-107, Colorado Revised Statutes, as enacted in section 3 of this act; section 44-3-501, Colorado Revised Statutes, as amended in section 4 of this act;

section 44-3-901, Colorado Revised Statutes, as amended in section 5 of this act; and section 44-10-103, Colorado Revised Statutes, as amended in section 6 of this act, take effect January 1, 2028, and the remainder of this act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly;

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor; except that section 25-5-427.5 (1), (2), (3), (4), and (6), Colorado Revised Statutes, as enacted in section 1 of this act; section 25-5-427, Colorado Revised Statutes, as amended in section 2 of this act; sections 44-8-101, 44-8-102, 44-8-103, 44-8-104, 44-8-105 (2), 44-8-106 (2) and (3), and 44-8-107, Colorado Revised Statutes, as enacted in section 3 of this act; section 44-3-501, Colorado Revised Statutes, as amended in section 4 of this act;

section 44-3-901, Colorado Revised Statutes, as amended in section 5 of this act; and section 44-10-103, Colorado Revised Statutes, as amended in section 6 of this act, take effect January 1, 2028.