Colorado

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

  • i. Previous Cannabis Conviction:
  • ii. Income:
  • iii. State Residency:
  • iv. Qualifying Neighborhood / Municipal Residency:

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.

  1. The Applicant resided for at least 15 years between the years 1980 and 2010 in a census tract designated by the Colorado Office of Economic Development and International Trade as an Opportunity Zone or designated as a “Disproportionate Impacted Area”;
  2. The Applicant or Applicant’s parent, legal guardian, sibling, spouse, child, or minor in their guardianship was arrested for a marijuana offense, convicted of a marijuana offense, or was subject to civil asset forfeiture related to a marijuana investigation; or
  3. The Applicant’s household income in a year prior to application did not exceed 50% of the state median income as measured by the number of people who reside in the Applicant’s household.

Additionally, Social Equity Licensees must hold at least 51% ownership in their business.

Source:

1 Colo. Rev. Stat. § 44-10-308. Business and owner requirements. Subsection 4

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.

Source:

1 Colo. Code Regs. § 212-3. 3-1105. Accelerator Program Participation and Privileges. Subsection (C)(2)(a)
Colo. Rev. Stat. § 24-48.5-128. Program - marijuana entrepreneurs - social equity licensees - report - marijuana entrepreneur fund. Subsection 3

License Priorities and Set Asides

  • License Priorities / Set Asides:
Yes

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.

Source:

1 Colo. Code Regs. § 212-3.2-220. Initial Application Requirements for Regulated Marijuana Businesses. Subsection C. Social Equity License Qualification; Subsection D. Accelerator License Application and Qualification

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

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.

Source:

Colo. Rev. Stat. § 44-10-803. Fees
See Also: Denver Program.

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.

Source:

Colo. Rev. Stat. § 24-48.5-128. Program - marijuana entrepreneurs - social equity licensees - report - marijuana entrepreneur fund. Subsection (4)(b) Funding

Other Licensing Provisions

License Caps

  • License Caps:
No

Colorado’s adult use framework does not have any license caps at the state level. Localities may impose license caps if they choose to.

Source:

The New York Times. (13 June 2013) "Colorado Localities Make Own Rules Before Final Decision on Marijuana Sales". Retrieved January 11, 2022

Application Selection Process

  • Selection System:
Merit

Colorado distributes its adult-use cannabis licenses through a merit based system.

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
Yes

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.

Source:

Colo. Rev. Stat. § 44-10-307. Persons prohibited as licensees. Subsection (1)(b) and (g)
1 Colo. Code Regs. § 212-3-2-265. Owner and Employee License: License Requirements. Subsection (L)(1-3)

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
SE Applicants Only

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.

Source:

Colo. Rev. Stat. § 44-10-307. Persons prohibited as licensees. Subsection(1)(a) and (g)
1 Colo. Code Regs. § 212-3-2-265. Subsection (L)(1-3)Owner and Employee License: License Requirements

Availability of Expungements

  • Expungements:
Yes, Not Automatic

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.

Source:

Colo. Rev. Stat. § 24-72-706. Subsection (1)(f)(I)
Colorado House Bill HB1090.