Colorado
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Colorado?
- Adult-Use:
- Medical:
Cannabis in Colorado is legal for both medical and adult use.
Date of Legalization
- Adult-Use:
- Medical:
Colorado legalized cannabis for medical use in 2000 when voters amended the state constitution through passage Amendment 20. Colorado went on to legalize cannabis for adult use in 2012.
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Possession Limits
Within Colorado’s adult-use framework, adults 21+ may legally possess up to one ounce of cannabis. Possession of less than two ounces is decriminalized. Adults may grow within their private home no more than six marijuana plants, with three or fewer being mature. Within the medical framework patients may possess up to two (2) ounces of flower and up to 40 grams of concentrate.
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Other Licensing Provisions
License Caps
- License Caps:
Colorado’s adult use framework does not have any license caps at the state level. Localities may impose license caps if they choose to.
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Application Selection Process
- Selection System:
Colorado distributes its adult-use cannabis licenses through a merit based system.
Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
Colorado’s adult use framework disqualifies applicants for cannabis licensure on the basis of certain conviction. An adult use cannabis license will not be granted to an individual whose criminal history indicates that he or she is not of good moral character. An employee license will not be granted to an individual with a felony conviction in the preceding 3 years. Felony convictions may be considered, except those which have been expunged. The department must also consider whether there is a direct relationship between the conviction(s) and the duties and responsibilities of holding a state license issued pursuant to the Marijuana Code as well as any evidence of rehabilitation. There is a carve out for SE applicants who cannot be denied a license solely based on a marijuana conviction.
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Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
The Colorado adult use sector has restrictions disqualifying potential employees with certain convictions. An employee license will not be granted to an individual whose criminal history indicates that he or she is not of good moral character. An employee license will not be granted to an individual with a felony conviction in the preceding 3 years. Felony convictions may be considered, except those which have been expunged. The department must also consider whether there is a direct relationship between the conviction(s) and the duties and responsibilities of holding a state license issued pursuant to the Marijuana Code as well as any evidence of rehabilitation. There is a carve out for SE applicants who cannot be denied a license solely based on a marijuana conviction.
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Availability of Expungements
- Expungements:
Colorado offers record cleaning remedies for certain cannabis convictions. However, this process is not automatic and requires action from the individual. Individuals may petition to have their conviction for cannabis possession sealed so long as they do not have any subsequent convictions.
Social Equity
Social Equity Definition / Criteria
Within the adult-use framework, Colorado has a social equity program that is open to Colorado residents who have not previously had a cannabis license revoked and who meet one of the following criteria.
Additionally, Social Equity Licensees must hold at least 51% ownership in their business.
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Social Equity Provisions
Within Colorado’s adult use program the state offers social equity applicants benefits such as access to the marijuana entrepreneur fund which provides SE licensees with loans grants and technical assistance. Social Equity Licensees participating in Colorado’s accelerator program receive technical compliance and/or capital assistance pursuant to an equity partnership agreement between the Accelerator-Endorsed Licensee and the Accelerator Licensee.
Examples of the types of assistance an Accelerator-Endorsed Licensee can provide a Accelerator Licensee, include but are not limited to: accounting, business services (e.g. sales and marketing), financial or capital support, information technology support and regulatory compliance support.
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License Priorities and Set Asides
At the state level, Colorado reserves all micro-business licenses for social equality operators. At the state level, social equity operators do not receive any other set asides or licensing priority, however municipalities like Denver offer social equity priority for delivery permits.
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Fee Waivers and Reductions
Colorado does not offer state level fee waivers or reductions. Any fee waivers/reductions would be offered at the local level in cities such as Denver who offer that benefit.
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Other Financial Support for Social Equity Applicants and Licensees
Colorado’s Program will receive an initial $4 million from the marijuana entrepreneur fund which is derived from the cannabis tax fund which is derived from sales and excise taxes. Funds were not distributed to support the program before the issuance of the state’s first adult use licenses. First funds were distributed in 2021 through the Office of Economic Development.
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