(Andy Cross, Denver Post file)

List: 2017 Colorado legislation, see what’s new in marijuana and hemp bills

Colorado was the first U.S. state to initiate legal, regulated sales of recreational marijuana, starting in 2014. The first-of-its-kind effort has been a fluid process, as the state has worked to adopt new laws to account for first-of-their-kind issues.

Three years into recreational sales and more than 15 years into medical marijuana sales, those legislative efforts have not slowed.

More than a dozen bills related to medical marijuana, recreational marijuana and hemp have been introduced by Colorado’s 71st General Assembly.

Here’s a look at all the 2017 Colorado cannabis legislation. We’ll keep this list updated.

UPDATED MARCH 7: Introduction of House Bill 1220, “Prevent Marijuana Diversion to Illegal Market”; introduction of House Bill 1221, “Grey and Black Market Marijuana Enforcement Efforts”; moved Senate Bill 63, “Marijuana Club License,” to Dead Legislation listing.


Jump to: Home-grow limits || Pot for PTSD || Social-use clubs (SB 184) || Home delivery || Hemp


Marijuana bills

Selling weed on Craigslist

SB17-015, “Unlawful Marijuana Advertising”
Sponsored by Sen. Irene Aguilar, D; Rep. Dan Pabon, D

Summary: The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate.
Track the progress of Senate Bill 15
Catch up on previous coverage

MMJ for PTSD

SB17-017, “Allow Medical Marijuana Use For Stress Disorders”
Sponsored by Sen. Irene Aguilar, D; Rep. Jonathan Singer, D

Summary: The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana.
Track the progress of Senate Bill 17
Catch up on previous coverage

School resources: marijuana curricula

SB17-025, “Marijuana Education Materials Resource Bank”
Sponsored by Sen. Randy Baumgardner, R; Sen. Chris Holbert, R; Rep. Jonathan Singer, D

Summary: By July 1, 2017, to create and maintain a resource bank, to be known as the ‘Jack Splitt Memorial Resource Bank’ (resource bank), for public schools to use without charge, that consists of materials and curricula pertaining to marijuana use; and upon request of a public school, to provide technical assistance in designing age-appropriate curricula on marijuana use.
Track the progress of Senate Bill 25

Wholesale medical marijuana transfers

SB17-111, “Medical Marijuana Inventory Shortfall Fixes”
Sponsored by Sen. Tim Neville, R; Rep. Matt Gray, D; Rep. Dafna Michaelson Jenet, D

Summary: The medical marijuana system is a vertically integrated regulatory scheme, meaning a medical marijuana center must grow the marijuana that it sells. There is one exception to the vertically integrated market: A medical marijuana center can sell to or buy from other medical marijuana licensees up to 30% of its inventory. The bill changes the 30% limit to 50%. The bill states that a medical marijuana center may transfer medical marijuana to another medical marijuana licensee if the licensees have a common owner without the medical marijuana counting towards the 50% limit.
Track the progress of Senate Bill 111

No ban on MMJ as bond condition

SB17-178, “Marijuana Use As A Condition Of Bond”
Sponsored by Sen. Vicki Marble, R; Rep. Jovan Melton, D

Summary: The bill prohibits a court from imposing as a bond condition a ban on marijuana use if the person possesses a valid medical marijuana registry identification card.
Track the progress of Senate Bill 178

Pot clubs: Operational rules, BYOC with no sales allowed

SB17-184, “Private Marijuana Clubs Open And Public Use”
Sponsored by Sen. Bob Gardner, R; Rep. Dan Pabon, D

Summary: The bill authorizes the operation of a private marijuana club only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: all members and employees must be 21 or older; a club owner must be a resident of Colorado for at least two years prior to owning the club; the club’s employees must be Colorado residents; the club cannot serve alcohol or food; a bluc owner shall not sell marijuana on the premises; a club owner shall not permit the sale or exchange of marijuana for renumeration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms “open and public,” “openly” and “publicly.”
Track the progress of Senate Bill 184
Catch up on previous coverage

Occupational license for out-of-staters

SB17-187, “Residency Exemption Marijuana Education-based Occupational License”
Sponsored by Sen. Larry Crowder, R; Rep. Joann Ginal, D

Summary: Under current law, when an employee or manager of a retail business applies for an occupational license, the person must be a Colorado resident on the date of his or her application. The bill gives the state licensing authority the ability to create an exemption to the residency requirement for a person applying for an occupational license for participation in a marijuana-based workforce development or education program.
Track the progress of Senate Bill 187

Home delivery and “safety valve” for enforcement change

SB17-192, “Marijuana Business Efficiency Measures”
Sponsored by Sen. Tim Neville, R; Rep. Jonathan Singer, D; Rep. Jovan Melton, D

Summary: The bill allows a medical marijuana center and a retail marijuana store to apply for an endorsement that allows the center or store to deliver marijuana. The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee based on a business need due to a change in local, state or federal law or enforcement policy. Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every six months. This bill gives the authority to calculate the average market rate to the marijuana state licensing authority and requires calculation on a quartely basis.
Track the progress of Senate Bill 192
Catch up on previous coverage

Expanded medical dispensary relocation

HB17-1034, “Medical Marijuana License Issues”
Sponsored by Rep. Dan Pabon, D; Sen. Randy Baumgardner, R

Summary: The retail marijuana code requires a license for retail marijuana business operators. The bill creates a corresponding medical marijuana business operator license. Under current law, a medical marijuana licensee may move his or her location within the city or county where the business is licensed upon approval of the local and state licensing authority. Under the retail marijuana code, a licensee can move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction to conform with the retail marijuana code.
Track the progress of House Bill 1034

School technology grants

HB17-1082, “BEST Building Excellent Schools Today Act Techology Grant Funding”
Sponsored by Rep. Dan Pabon, D

Summary: Concerning financial assistance under the ‘Building Excellent Schools Today Act’, and, in connection therewith, requiring a specified amount of retail marijuana excise tax revenue to be used to provide such financial assistance in the form of technology grants to public schools.
Track the progress of House Bill 1082

Local special sales tax on rec. pot

HB17-1203, “Local Government Special Sales Tax On Retail Marijuana”
Sponsored by Rep. Steve Lebsock,D

Summary: The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under certain circumstances.
Track the progress of House Bill 1203

Home grow plant limits

HB17-1220, “Prevent Marijuana Diversion To Illegal Market”
Sponsored by Rep. KC Becker, D; Rep. Cole Wist, R; Sen. Rhonda Fields, D; Sen. Bob Gardner, R

Summary: The bill places a cap on the number of plants that can be possessed or grown on a residential property at 12 plants in the aggregate, with six or fewer being mature. A medical marijuana patient or primary caregiver who cultivates more than 12 plants must cultivate the plants in compliance with applicable city, county law. The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations and zoning requirements
Track the progress of House Bill 1220
Catch up on previous coverage

Marijuana enforcement grant program

HB17-1221, “Grey And Black Market Marijuana Enforcement Efforts”
Sponsored by Rep. Yeulin Willett, R; Rep. Dan Pabon, D; Sen. Irene Aguilar, D

Summary: Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill creates the grey and black market marijuana enforcement grant program (grant program) in the division of local government in the department of local affairs (division). The grant program awards grants to local governments to reimburse the local governments, in part or in full, for training, education, law enforcement, and prosecution costs associated with grey and black marijuana markets. A rural local government with limited law enforcement resources has priority in receiving grants. The general assembly may appropriate money from the marijuana tax cash fund or the proposition AA refund account to the division for the grant program. The division shall adopt policies and procedures for the administration of the grant program, including rules related to the application process and the grant award criteria. The division shall include information regarding the effectiveness of the grant program in its SMART presentation beginning in November 2019.
Track the progress of House Bill 1221



Hemp bills

Testing for THC in hemp

SB17-090, “Measuring Delta-9 Tetrahydrocannabinol In Industrial Hemp”
Sponsored by Sen. Randy Baumgardner, R; Rep. Diane Mitsch Bush, D

Summary: The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid.
Track the progress of Senate Bill 90

Hemp animal feed

SB17-109, “Industrial Hemp Animal Feed”
Sponsored by Sen. Kerry Donovan, D; Sen. Jeni James Arndt, D

Summary: Currently, it is illegal to sell animal feed that is deemed adulterated. The bill clarifies that the use of industrial hemp does not adulterate feed.
Track the progress of Senate Bill 109
Catch up on previous coverage

Water rights for growing hemp

SB17-117, “Recognize Industrial Hemp Agricultural Product For Agricultural Water Right”
Sponsored by Sen. Dan Coram, R; Rep. Donald Valdez, D; Rep. Marc Catlin, R

Summary: In Colorado, water subject to a water right may be used for the purpose for which the water is decreed. The bill confirms that a person with an absolute or conditional water right decreed for agricultural use may use the water subject to the water right for the growth or cultivation of industrial hemp if the person is registered by the department of agriculture to grow industrial hemp for commercial or research and development purposes.
Track the progress of Senate Bill 117

Hemp business transparency

HB17-1148, “Registration Of Industrial Hemp Cultivators”
Sponsored by Rep. Jeni Arndt, D; Sen. John Cooke, R

Summary: Current law requires persons who wish to cultivate industrial hemp to apply to the department of agriculture for a registration. The bill adds a requirement that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity. Applicants for a registration may be denied registration for up to 3 years if any individual or entity listed in the application was previously subject to discipline, or the individual or entity was previously listed by an entity that was subject to discipline. When a registration is suspended, revoked, or relinquished, a new application for registration may be denied for up to 3 years after the effective date of discipline.
Track the progress of House Bill 1148

Hemp, not marijuana, as a farm product

HB17-1197, “Exclude Marijuana From Farm Products Definition”
Sponsored by Rep. Joann Ginal, D; Sen. Don Coram, R

Summary: Under the ‘Farm Products Act’, the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of ‘farm products’ under the act.
Track the progress of House Bill 1197



Dead legislation

Pot clubs: Licensing plan with sales

SB17-063, “Marijuana Club License”
Sponsored by Sen. Vicki Marble, R; Rep. Jovan Melton, D

Summary: The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club’s sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys.
Track the progress of Senate Bill 63

Cannabist digital producer Polly Washburn and Cannabist interim editor Aleta Labak contributed to this report.