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Eligibility Requirements - Colorado Retail Marijuana Business License

Introduction:

 

When starting a retail marijuana business in Colorado, one must secure their business the applicable class of Retail Marijuana Business License. Once you have determined which of the four different types of Retail Marijuana license is right for your business, there is a long list of eligibility requirements that must be met before one qualifies. 

 

Colorado statute (C.R.S. 12-43.4-306) requires that all of the following criteria must be met in order to qualify for any of the four types of Retail Marijuana Business License:

 

Residency Requirements:

  • Colorado residency is required at the time of the application, as well as for the 2 years leading up to the application.

Age Requirements:

  • 21 years of age or older, plain and simple. 

Criminal History Requirements: 

 

  • No controlled substance felony convictions in the 10 years prior to application or 5 years from May 28th 2013 (whichever one is longer).

  • No other felony convictions that have not been fully discharged for 5 years immediately preceding the application.

  • The business may not be financed by another person who has a criminal history indicating he/she "is not a good moral character after considering the factors in section C.R.S. 24-5-101 (2) and reputation satisfactory to the respective licensing authority."

  • The applicant also may not have a criminal history indicating that they are not of good moral character based on the same considerations in section C.R.S. 24-5-101 (2).

  • The business "may not employ, be assisted by or financed in whole or in part by any other person whose criminal history indicates he or she is not of good character and reputation.

Conflict of Interest Requirements:

  • The applicant "may not be a sheriff, deputy sheriff, police officer, prosecuting officer or be an employee of a local or State Licensing Authority"

Employee Requirements:

  • The business may not hire/employ any person at their Retail Marijuana Business that has not obtained a M.E.D. Occupational or Associated Person License and passed a criminal background check. 

Conclusion:

 

Be sure that you pass all of the above requirements when preparing to apply for any of the 4 types of Retail Marijuana Business Licenses in Colorado. In addition, be sure to seek legal counsel for any questions or assistance regarding your Retail Marijuana Business License. As with any highly regulated industry, it is important to follow the letter of the law!

 

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Image Credit: Alejando Forero Cuervo

 

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