These are all of the Alcohol, Tobacco, Firearms, and Marijuana bills proposed in the 2018 session. Each bill has its own bill number, please use your browser search feature to find the bill you are interested in. Return to the Colorado home page to pick a different bill category.
None of the text is the opinion of Engage. Each bill's description, pros, and cons are our best effort at describing what each bill does, arguments for, and arguments against the bill. If you believe we are missing something, please contact us with your suggestion. Some of these bills have the notation that they have been sent to the chamber's "kill" committee. This means that the leadership has decided to send the bill to the State committee even though it does not belong there based on its subject matter. This committee, in both chambers, is stacked with members from "safe" districts and the idea is to kill the bill without forcing any less safe members to take a hard vote. It is possible for a bill to survive the kill committee, but it is very rare.
Each bill has been given a "magnitude" category: Major, Medium and Minor. This is a combination of the change the bill would create and the "controversy" level of the bill. Some minor bills that are extending current programs would be major changes if they were introducing something new, but the entire goal here is to allow you to better curate your time. Something uncontroversial likely to pass nearly unanimously that continues a past program may not be worth your time (and please remember, you can still read all of the minor bills!).
House
Click on the House bill title to jump to its section:
MAJOR
HB18-1011: Marijuana Business Allow Publicly Traded Owners VETOED
HB18-1015: Repeal Ammunition Magazine Prohibition KILLED IN HOUSE COMMITTEE
HB18-1037: Concealed Handguns on School Grounds KILLED IN HOUSE COMMITTEE
HB18-1062: Sales Tax on Retail Marijuana KILLED IN HOUSE COMMITTEE
HB18-1074: Deadly Force Against Intruder at a Business KILLED IN HOUSE COMMITTEE
HB18-1258: Marijuana Accessory Consumption Establishments VETOED
HB18-1436: Extreme Risk Protection Orders KILLED IN SENATE COMMITTEE
MEDIUM
HB18-1092: Marijuana Delivery Pilot Project KILLED IN SENATE COMMITTEE
HB18-1259: Marijuana Sample for Quality Product Development SIGNED
HB18-1263: Medical Marijuana Use for Autism and Acute Pain VETOED
HB18-1286: School Nurse Give Medical Marijuana at School SIGNED
MINOR
HB18-1096: Special Event Permit Alcohol Beverages SIGNED
HB18-1133: Marijuana Processor Registration KILLED IN HOUSE COMMITTEE
HB18-1295: Hemp Products Deemed Not Adulterated or Misbranded SIGNED
HB18-1381: Permissive Medical Marijuana Vertical Integration SIGNED
HB18-1389: Centralized Marijuana Distribution Permit SIGNED
HB18-1422: Marijuana Testing Facilities Standards SIGNED
Senate
Click on the Senate bill title to jump to its section:
MAJOR
SB18-021: Marijuana Closed-Loop Payment System Pilot Project KILLED IN SENATE COMMITTEE
SB18-051: Prohibit Multi-Burst Trigger Activators KILLED IN SENATE COMMITTEE
SB18-052: Repeal Ammunition Magazine Prohibition KILLED IN HOUSE COMMITTEE
SB18-088: Taxation of Retail Marijuana Sales SIGNED
SB18-097: Concealed Handgun Carry With No Permit KILLED IN HOUSE COMMITTEE
SB18-185: Deadly Force Against Intruder at a Business KILLED IN HOUSE COMMITTEE
MEDIUM
SB18-029: Development of Marijuana Tracking Technology KILLED IN SENATE COMMITTEE
SB18-187: Marijuana Waste Recycling SIGNED
SB18-211: Marijuana Consumption Club License KILLED IN SENATE COMMITTEE
SB18-261: Medical Marijuana Condition Opiates Prescribed For KILLED ON SENATE FLOOR
MINOR
SB18-067: Auction Alcohol in Sealed Container Special Events SIGNED
SB18-079: Sake Vinous Liquor Colorado Liquor Code SIGNED
SB18-138: Transfer Alcohol from Surrendered License SIGNED
SB18-173: Removal of Vinous Liquor from Licensed Premises SIGNED
SB18-186: Allow Retail Marijuana Store to Sell Consumables KILLED IN SENATE COMMITTEE
SB18-189: Alcohol Beverage Service Special Events KILLED IN SENATE COMMITTEE
SB18-205: Industrial Hemp Designation Agricultural Product SIGNED
SB18-235: Colorado Industrial Hemp Research and Development Authority SIGNED
SB18-243: Retail Sales Alcohol Beverages SIGNED
SB18-244: Alcohol Beverage Sale by Hotel Restaurant Licensee KILLED IN SENATE COMMITTEE
SB18-259: Local Government Retail Marijuana Taxes SIGNED
SB18-279: Marijuana Certification Technology KILLED IN SENATE COMMITTEE
HB18-1011: Marijuana Business Allow Publicly Traded Owners
Makes it so that only those who own more than 5% of shares in a marijuana business need to go through disclosure and background investigations, as well as repeals provision requiring passive investors to go through an initial background check, provisions that limit out-of-state greater than 5% owners to 15, and provision that prohibits publicly traded entities from holding a marijuana license.
VETOED
Pros
Marijuana is a real business now in Colorado and deserves to be treated like one. While it is still important to hold larger shareholders to higher standards, given that it is a mind-altering drug like alcohol, we don’t need to waste time and money on insignificant shareholders. It’s also not necessary to hold the out-of-state ownership restriction anymore. Legalization is on the march nationwide.
Cons
This is still a drug that is illegal in the United States. We need to know these details on anyone who owns part of a business, given the dangers both legally and personally. The current law has served the state well as it has handled the legalization transition, now is not the time to change it.
HB18-1015: Repeal Ammunition Magazine Prohibition
(this bill is identical to SB18-052)
This bill repeals the ban on high-capacity magazines and the requirement that that some magazines manufactured in Colorado after July 1, 2013 be stamped as such.
*This bill has been assigned to the House’s “kill” committee, State Affairs*
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Pros
The high-capacity magazine ban is an infringement on the 2nd Amendment rights of Colorado citizens. The framers did not carve exceptions into the 2nd Amendment and if a Colorado citizen wants to use high-capacity magazines they have the Constitutional right to do so. Furthermore, criminals do not follow laws, that is why they are criminals, so this ban won’t help prevent tragic incidents of mass shootings because someone who wants to commit a mass shooting isn’t going to make sure they obtain their weapons legally. There are numerous ways around this ban, so the only effect is to keep law-abiding citizens who already weren’t going to shoot anyone from using them. Guns don’t kill people, people kill people, so the solution to mass shootings is in people, not guns.
Cons
This ban was put into place after the Aurora theater shooting, where the shooter was able to fire 30 bullets without reloading. It of course is still on the books, which tells you all you need to know about its constitutionality. There is no need for any gun owner to fire so many bullets without pause, the only reason to do so is if you want to kill as many people as possible before you have to stop firing. Any loopholes in the enforcement of the law should be closed, not used as a justification for ditching it altogether. The fact that criminals will try to evade the law isn’t a reason to not have it. By that logic we shouldn’t have any laws at all, since criminals won’t try to stick to them.
HB18-1037: Concealed Handguns on School Grounds
Removes the limitation on carrying concealed handguns (by people with valid permits to do so) on school grounds.
*This bill has been assigned to the House "kill" committee, state affairs*
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Pros
The elimination of the ability to have concealed guns at schools means the only people with guns at schools are bad guys, which leads to the unfortunate shootings that have become all too common. A good guy with a gun on the scene could nip many of these situations in the bud. Someone has to have a valid permit in order to do this, so they have already been vetted by the state.
Cons
Introducing guns into schools is a recipe for disaster. Civilians are not trained to assess and react to active shooter situations and may be just as likely to shoot innocent bystanders as the gunman. In addition, this lack of training may result in a tragedy where a concealed carry individual believes someone has a gun when in fact they do not. This happens far too often with trained police officers already. Since Columbine, police training to react to these mass shooter incidents has improved greatly and they are more likely to resolve any active shooter situation in the best manner possible. In addition, while it is true that permit holders are vetted, we don’t allow them in the state capitol, where the legislators work, so let’s keep them out of schools.
HB18-1062: Sales Tax on Retail Marijuana
Repeals the state sales tax exemption for retail marijuana sales that prevents special district and other limited purpose governmental agencies from collecting their taxes (think the RTD district or the scientific and cultural facilities district) and also lowers the marijuana sales tax from 15% to 12.1%.
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Pros
This will not change the tax levels on marijuana. Last year’s massive 267 bill consolidated two marijuana taxes into one, it removed the state sales tax from marijuana and increased the special marijuana tax. In doing so, it made a mistake. It omitted the special districts from collecting their marijuana sales tax money (RTD has lost $2 million already, and isn’t getting this money back). This bill fixes this error and lowers the marijuana tax to compensate, which might otherwise require a vote from voters due to TABOR.
Cons
This fix ignores the legislative intent of 267, which the majority of the state legislature agreed to last year. The legislature intended the full sales tax burden on marijuana sales to be 15%, not 12.1%. The fix here in effect lowers the tax on marijuana sales, and there is no TABOR requirement for fixing a simple drafting error, which everyone agrees was the original problem. This takes money out of the marijuana tax fund, which is widely used across the government and will results in cuts somewhere.
HB18-1074: Deadly Force Against Intruder at a Business
Expands the rights of citizens to use deadly force against intruders from just own homes to also include place of business. This right extends to anyone who works at the business.
*This bill has been assigned to the House “kill” committee, state affairs*
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Pros
Citizens should be able to defend themselves and this is a natural extension of that right from our home to our work. If a citizen finds him or herself in the unfortunate situation of experiencing peril at their work, they should be able to defend themselves without facing criminal charges.
Cons
These so-called castle doctrine laws give citizens more rights than police to use deadly force and it is always almost impossible to disprove them, no matter the circumstances, because of the clause in the law that says fear of any harm, no matter how small, is grounds for killing another human being. In a business, it’s easy to see how this could go off the rails very quickly with much larger amounts of foot traffic from strangers.
HB18-1092: Marijuana Delivery Pilot Project
Creates a pilot program for allowing marijuana delivery service. Allows a very limited number of municipalities and licenses to participate and tasks state licensing authority to create rules under a strict set of guidelines provided in terms of safety and legal requirements.
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Pros
This is already happening, illegally, in the state. Oregon is already experimenting with a legal version. Colorado nearly passed a law flat allowing this last year. The pilot program approach allows the state to get it right on a smaller scale first. Alcohol is allowed to be delivered in the state, marijuana should be treated the same.
Cons
This remains a federal crime. The state should not be expanding into new frontiers until that situation is resolved. Crime around marijuana remains an issue. We don’t need to be sending it out into the streets, along with delivery agents who can only deal in large amounts of cash.
HB18-1096: Special Event Permit Alcohol Beverages
Adds organizations incorporated for educational purposes to the list of those allowed to seek a special event permit to sell alcoholic beverages. Also removes requirement that municipalities can only seek permits if they own arts facilities.
SIGNED
Pros
These types of events are great fundraising opportunities and leaving out educational groups makes it more difficult for them to raise money. Municipalities without art facilities shouldn’t be punished for it in this way.
Cons
Educational groups shouldn't be pushing alcohol at their events. It sends the wrong message.
HB18-1133: Marijuana Processor Registration
Creates registration for recycling marijuana waste into industrial products.
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Pros
This helps the environment, by recycling these materials, as well as public safety by making them no longer usable as marijuana in any form. The registration process will make sure that all security questions are handled appropriately and that these facilities have accountability to maintain a license.
Cons
Marijuana remains a federally illegal drug. Participating in recycling that drug into something else opens up even more people to liability to federal crimes. The current state of federal indifference is not guaranteed to last and we do not need to be expanding into yet more federally illegal activities.
HB18-1258: Marijuana Accessory Consumption Establishments
Authorizes each medical marijuana or retail marijuana store to establish one accessory consumption establishment that can sell marijuana products for consumption on premises (no smoking). State restrictions on amount that can be purchased in single transaction apply. No outside marijuana is allowed in the premises, no alcohol can be sold, no employees can imbibe, no free samples. Must be either 21 (retail) or have a valid medical marijuana license (medical) to enter.
VETOED
Pros
We are moving toward treating marijuana like alcohol, which is what it is: a non-addictive substance that adults can enjoy. Having a public place where people can consume marijuana, just like alcohol, makes perfect sense.
Cons
This is an illegal drug at the federal level and the last thing we need to do is setup public places for people to knowingly break the law.
HB18-1259: Marijuana Sample for Quality Product Development
Permits both cultivation and retail marijuana licensees (medical and retail) to provide samples to managers for quality control and developmental purposes. Cannot be consumed on-site, as compensation to the manager, or resold. Limited to one ounce or 16 grams of concentrate.
SIGNED
Pros
This is a product for sale and the companies providing it have the right to test their product and try to improve it, just like we do with alcohol, which marijuana regulation is supposed to imitate (these rules are in fact stricter than the alcohol rules). This is also a highly expensive product, so we don’t need to worry that companies are going to let their employees waste it by getting high all the time. These companies and employees are already breaking federal law by participating in the business at all, we aren’t shielding them from anything by preventing them from improving their product.
Cons
This is an illegal drug at the federal level, not a craft beer. Allowing managers to get high as part of their jobs (and break federal law) is not something the state should be doing.
HB18-1263: Medical Marijuana Use for Autism and Acute Pain
Adds autism spectrum disorders and acute pain to the list of medical conditions that authorize the use a person to use medical marijuana.
VETOED
Pros
Acute pain is much better managed with marijuana than with the usual drug of choice (opioids). Marijuana is also preferable to the heavy duty pyschotropics frequently used for those on the autism spectrum.
Cons
This remains an illegal drug federally, perhaps we can find a better choice than opioids or marijuana for acute pain management. As for autism, this bill does not preclude prescribing it to children and we do not have much long-term research at all on the effects of marijuana in children. While psychotropics are heavy duty drugs, we do at least have more research on them to understand how they must be mitigated.
HB18-1286: School Nurse Give Medical Marijuana at School
The law currently allows a primary caregiver to possess and administer medical marijuana in a non-smokeable form at a school. This bill allows a school nurse or designee to do the same.
SIGNED
Pros
Medical marijuana is just like other forms of highly regulated medicine in this state. The idea that a parent who has lawfully obtained the ability to help their child with medical marijuana must be at the school to administer it is ridiculous and an unfair burden on the parent. Nurses are allowed to give out all sorts of required prescription medication, marijuana should be no exception.
Cons
This forces nurses to take part in activity that is illegal on the federal level. They may be protected from state criminal prosecution but Colorado cannot protect them from the federal government. While the federal government is not going after marijuana users and providers in the state right now, there is no guarantee that will continue.
HB18-1295: Hemp Products Deemed Not Adulterated or Misbranded
Modifies the state’s food and drug act to establish that things that contain industrial hemp are not adulterated or misbranded.
SIGNED
Pros
A product that is considered adulterated cannot be legally sold. This fixes a problem in current law that prevents legal products from being legally sold.
Cons
While marijuana remains a federally illegal drug the state does not need to be going further down this hole. We are setting up a wider and wider scheme of illegal activity and there is no guarantee the federal government will continue to look the other way.
HB18-1381: Permissive Medical Marijuana Vertical Integration
Currently a medical marijuana retail center must source 70% of its marijuana from an associated cultivation facility. Similarly a medical cultivation facility must sell 70% of its marijuana to an associated medical retail center. This bill eliminates these requirements.
SIGNED
Pros
Our current arrangement encourages monopolistic practices with such a steep requirement of what amounts to in-house sourcing. Rather than monopoly by government decree, this bill allows the market to sort itself out and moves medical marijuana to the same arrangement as recreational marijuana in the state.
Cons
The vertical integration requirement helps keep the number of entities participating in this federally illegal activity small, and given the massive issues with money and banking that exist in the industry (due to its illegality), opening things wider exacerbates the problems of treating a federally illegal activity as a burgeoning business.
HB18-1389: Centralized Marijuana Distribution Permit
Creates a permit for a centralized distribution center for the sole purpose of temporary storage of marijuana for transfer from the permit holder’s cultivation facility to a retail or medical marijuana facility.
SIGNED
Pros
We already know how to secure facilities where large amounts of marijuana are kept, as right now they are kept at the cultivation facility. This just allows marijuana to operate more like a regular business, where you can utilize a distribution center to run more efficiently. No one can operate such a center without also owning both ends of the chain.
Cons
The problem is that marijuana is not just another business but a federally illegal drug business. Aside from adding yet another place where these drugs can be stolen from, this bill further entangles the state in an activity that the federal government could decide at any minute they want to crack down on.
HB18-1422: Marijuana Testing Facilities Standards
Requires medical and retail marijuana testing facilities to be accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025/2005 standard.
SIGNED
Pros
These are basic international research standards used to make sure that research is being done a valid manner designed to yield scientifically based results.
Cons
Marijuana is not just any substance and the standards for researching it should be higher.
HB18-1436: Extreme Risk Protection Orders
This is a so-called “red flag” bill that allows allows for a family or household member or law enforcement officer to petition a court for a temporary extreme risk protection order. The petitioner must establish by the preponderance of the evidence that an individual poses a significant risk to self or others by having a firearm or by getting a firearm. The court must hold the hearing in person or by telephone the day the petition is filed or the next court day. If a temporary protection order is granted, another hearing must be held within seven days to determine if the order should be continued. A continued order is in effect for 182 days. The individual under the order can petition once during the 182 days to have it removed, where again the burden is on the petitioner to prove they pose a significant risk. The petitioner can request the order be extended before it expires. Upon expiration or lifting of the order, all of the individual’s firearms must be returned.
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Pros
This is about saving lives. We’ve all asked, in the aftermath of the Parkland shooting and many others, why no one stepped in when it seemed so obvious that there was such clear danger. The unfortunate answer is, it wouldn’t have mattered. If Nicholas Cruz lived in Colorado and people were concerned he would become violent with his firearms, it is not possible to take them away from him, by any avenue, until after he commits a crime. The act is named after Deputy Zackari Parrish, who was killed by a mentally unstable man that the local authorities knew was unstable and armed. Deputy Parrish, and many others, might still be alive today if when people see something and say something, we can actually do something about it. This is a bipartisan bill supported by numerous state sheriffs and the Republican candidate for state Attorney General. It contains numerous safeguards for the rights of the accused individual and relies on a judge to administer the final ruling. These red flags laws exist in other states, so this is not a novel experiment.
Cons
This may infringe on the constitutional rights of Colorado citizens under the 2nd amendment. There is no requirement that someone actually does something to lose their constitutional right to bear arms, only the hurdle that others think they might do something. We live in an innocent before proven guilty society and there is a cost to having that freedom. There is also a cost to living in a society where your rights can be taken away for things you might do. We cannot travel down that road, no matter how noble the intentions.
SB18-021: Marijuana Closed-Loop Payment System Pilot Project
Creates a closed-loop payment system pilot program for the state’s marijuana industry. Pilot program must include both retail and medical marijuana retail locations and customers.
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Pros
The state desperately needs a solution to the payment problem with legal marijuana. Because it is still an illegal federal drug, credit card companies and banks refuse to do any transactions involved with it. This means everything is done is cash, which makes retail locations dangerous targets for thieves. This is a first step at creating a closed loop system that will give people an alternative to cash and aid both the retailers and the state in sales accounting.
Cons
The state should not be setting up payment systems for a drug that is illegal in the United States. Until the federal government makes the drug legal, anything the state constructs puts it and its citizens at risk of punishment from the federal government.
SB18-029: Development of Marijuana Tracking Technology
Requires institute of cannabis research at CSU-Pueblo to develop marijuana tracking technology that can be affixed to plants and products and scanned by a device. This would allow the state to guarantee that the marijuana was sourced from a legal business.
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Pros
The black and grey marijuana markets remain a problem in Colorado. This technology would allow the state to better crack down on illegal growing. As marijuana legalization continues to spread around the country the state may even be able to benefit from this technology being used in other states.
Cons
Any technology of this type is bound to be an expensive endeavor (all of the tags and scanners required) that will also drain lots of time from law enforcement agencies (all the scanning). How much it will crack down on the black and grey markets is unclear. Registered retail locations are likely already mostly complying with the law, so this may not help much there. It also limits the tracking technology to something that can be scanned, which may crowd out other solutions.
SB18-051: Prohibit Multi-Burst Trigger Activators
Adds firearms modified by so-called bump stocks or other similar devices that turn firearms into automatic weapons to the possession of a dangerous weapon felony.
*This legislation has been sent to the Senate “Kill” committee, State Affairs*
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Pros
This is a ban on the type of attachment that allowed the Las Vegas shooter to massacre so many innocents so quickly. We already ban automatic weapons, because we have rightly recognized that there is no need for any civilian to possess one and that this ban does not infringe on the 2nd Amendment right to bear arms (it goes without saying that automatic weapons and other such tools of war did not exist in 1787). We do not need any Las Vegas style massacres in Colorado and no responsible Colorado gun owner needs a device to turn their weapon into an automatic weapon. We are the only 1st world country in the world to have constant mass shootings and common-sense regulations are a key step in preventing more of them.
Cons
This bill is an infringement on the 2nd Amendment rights of Colorado citizens. The framers did not carve exceptions into the 2nd Amendment and if a Colorado citizen wants to increase the rate of fire on their weapon they have the Constitutional right to do so. Furthermore, criminals do not follow laws, that is why they are criminals, so this ban won’t help prevent tragic incidents of mass shootings because someone who wants to commit a mass shooting isn’t going to make sure they obtain their weapons legally. Guns don’t kill people, people kill people, so the solution to mass shootings is in people, not guns.
SB18-052: Repeal Ammunition Magazine Prohibition
(this bill is identical to HB18-1015)
This bill repeals the ban on high-capacity magazines and the requirement that that some magazines manufactured in Colorado after July 1, 2013 be stamped as such.
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Pros
The high-capacity magazine ban is an infringement on the 2nd Amendment rights of Colorado citizens. The framers did not carve exceptions into the 2nd Amendment and if a Colorado citizen wants to use high-capacity magazines they have the Constitutional right to do so. Furthermore, criminals do not follow laws, that is why they are criminals, so this ban won’t help prevent tragic incidents of mass shootings because someone who wants to commit a mass shooting isn’t going to make sure they obtain their weapons legally. There are numerous ways around this ban, so the only effect is to keep law-abiding citizens who already weren’t going to shoot anyone from using them. Guns don’t kill people, people kill people, so the solution to mass shootings is in people, not guns.
Cons
This ban was put into place after the Aurora theater shooting, where the shooter was able to fire 30 bullets without reloading. It of course is still on the books, which tells you all you need to know about its constitutionality. There is no need for any gun owner to fire so many bullets without pause, the only reason to do so is if you want to kill as many people as possible before you have to stop firing. Any loopholes in the enforcement of the law should be closed, not used as a justification for ditching it altogether. The fact that criminals will try to evade the law isn’t a reason to not have it. By that logic we shouldn’t have any laws at all, since criminals won’t try to stick to them.
SB18-067: Auction Alcohol in Sealed Container Special Events
Current law is structured so that an organization cannot hold a special event at a licensed premise where alcohol is brought in from the outside in sealed containers for auction purposes. This bill creates an exception to the state alcohol laws to allow most non-profit organizations to do that.
SIGNED
Pros
Auctioning alcohol is a good way for these types of organizations to raise money at benefits. An organization must be able to acquire a special event permit (or already be exempted from one). There is no reason to force that organization to only use alcohol that is already on premise.
Cons
We shouldn't be encouraging alcohol consumption and auctioning it off sends the wrong message. This bill goes in the wrong direction by making it easier.
SB18-079: Sake Vinous Liquor Colorado Liquor Code
Classifies Sake as a vinous liquor (wine) under the state’s liquor code.
SIGNED
Pros
Sake is wine, rice wine, so this designation is appropriate.
Cons
Sake doesn't belong with wine, it belongs with hard alcohol because of alcohol content similarities.
SB18-088: Taxation of Retail Marijuana Sales
Repeals the state sales tax exemption for retail marijuana sales that prevents special district and other limited purpose governmental agencies from collecting their taxes (think the RTD district or the scientific and cultural facilities district).
SIGNED
Pros
This fixes a simple error from last year’s massive 267 bill that accidentally left these special districts out of the state sales tax they are owed for marijuana taxation. The assembly is allowed to fix errors in past legislation relating to taxation without asking the voters under TABOR laws and has done so in the past. It also keeps the marijuana tax level at the point the legislature intended last year.
Cons
This is a tax increase, whether or not it was a mistake to lower taxes last year. Thus it requires a vote of the people under TABOR period.
SB18-097: Concealed Handgun Carry With No Permit
Allows anyone with a legally possessed handgun to carry it in a concealed manner. Does not change any current laws regarding where concealed weapons are allowed.
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Pros
If someone can legally own a gun, there is no reason to put them through extra hoops to allow them to carry it concealed. Colorado is already a so-called “shall issue” state, so the current distinction between those who apply for a permit and those who do not is almost meaningless: one just bothered to do the paperwork. Law-abiding citizens are the only people hurt by these sorts of laws, which criminals just ignore. If any citizen finds themselves in an unfortunate active shooter situation, having someone with a concealed handgun can save lives.
Cons
While the distinction is small, it does exist. With multiple mass shootings a week in this country, the last thing we need is to make it easier to walk around with a concealed weapon. Regular citizens are not trained to respond in such a situation and are just as likely to make things worse through friendly fire as to stop a shooter.
SB18-138: Transfer Alcohol from Surrendered License
Allows current alcohol licensees to purchase alcohol from another licensee that has either surrendered its license or had it revoked if the two entities have common ownership within 60 days of the seller losing its license. The seller must first give wholesalers the opportunity repurchase.
SIGNED
Pros
This allows owners to transfer alcohol between their own properties if one of them loses it license for whatever reason, while protecting the wholesalers if they want to repurchase.
Cons
Someone with a revoked license shouldn’t be able to shunt their alcohol to another entity.
SB18-173: Removal of Vinous Liquor from Licensed Premises
Currently some liquor licenses can sell let customers remove one opened bottle of wine from the premises. This bill expands the definition from a place that has meals to also include places that serve sandwiches or light snacks.
SIGNED
Pros
Food is food, the idea here is that places that serve food are allowed to let a customer bring home their bottle of wine. This actually benefits public safety, as people do not feel forced to drink all of their wine or waste it.
Cons
This definition basically includes all bars, and we don’t want to encourage people to drink more, if they previously would not have ordered any more wine because they couldn’t take it home with them but now would because they can drink half the bottle then bring home the rest.
SB18-185: Deadly Force Against Intruder at a Business
Expands the rights of citizens to use deadly force against intruders from just own homes to also include place of business. This right extends to anyone who works at the business.
*This bill is identical to HB1074*
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Pros
Citizens should be able to defend themselves and this is a natural extension of that right from our home to our work. If a citizen finds him or herself in the unfortunate situation of experiencing peril at their work, they should be able to defend themselves without facing criminal charges.
Cons
These so-called castle doctrine laws give citizens more rights than police to use deadly force and it is always almost impossible to disprove them, no matter the circumstances, because of the clause in the law that says fear of any harm, no matter how small, is grounds for killing another human being. In a business, it’s easy to see how this could go off the rails very quickly with much larger amounts of foot traffic from strangers.
SB18-186: Allow Retail Marijuana Store to Sell Consumables
Currently retail marijuana stores are forbidden from selling anything consumable other than marijuana. This bill removes that prohibition.
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Pros
A store is a store, when it comes to things like soda, water, candy, etc. There is no reason to prohibit marijuana stores from selling these things.
Cons
We don’t want to encourage this federally illegal behavior and having a marijuana store as an option for consumables encourages people to treat the store like any other retailer.
SB18-187: Marijuana Waste Recycling
Gives state licensing authority the ability to set rules for transferring marijuana fibrous waste to someone with the intent of producing only industrial fiber products.
SIGNED
Pros
It’s common sense to recycle these waste materials into something useful. Making industrial fiber products the only way to use them ensures that they are not being used as ingestible marijuana.
Cons
The rules do not require any alteration to the waste prior to transfer, so we’re going to be relying on a contract stipulation and people following the rules to keep this waste from being used as marijuana on the grey market. In addition, marijuana is an illegal drug at the federal level and we do not need to expand the state’s marijuana activities while that remains the case.
SB18-189: Alcohol Beverage Service Special Events
Expands on SB18-067, which allowed organizations conducting fundraising to bring in outside alcohol for auction. This bill would allow the organizations to open the outside alcohol and sell it by the drink on premises.
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Pros
You have to get a license to have alcohol at these special events, so the prohibition against bringing in outside alcohol to sell is a distinction without a material difference, except to prohibit some choice in the matter.
Cons
Auctioning off wine is one thing, selling it at these events is another. This bill goes in the wrong direction by making it easier.
SB18-205: Industrial Hemp Designation Agricultural Product
Regulates industrial hemp by putting the unprocessed seeds under the Commodity Act and the product itself under the Farm Products Act. This will subject individuals dealing in either to the appropriate licensing requirements for the item.
SIGNED
Pros
Industrial hemp needs to be put under the standard license procedure for seeds and farmed products. This does just that, without removing any restrictions previously attached to it as a marijuana product.
Cons
This is a federally illegal drug. While right now the federal government is content to look the other way, there is no guarantee that will continue.
SB18-211: Marijuana Consumption Club License
Creates a license for marijuana clubs, which would subject to the same restrictions as retail marijuana licenses. No food or alcohol may be served. Must be 21 to enter. No marijuana products can leave the club.
KILLED IN SENATE COMMITTEE
Pros
We are moving toward treating marijuana like alcohol, which is what it is: a non-addictive substance that adults can enjoy. Having a public place where people can consume marijuana, just like alcohol, makes perfect sense.
Cons
This is an illegal drug at the federal level and the last thing we need to do is setup public places for people to knowingly break the law.
SB18-235: Colorado Industrial Hemp Research and Development Authority
Creates an industrial hemp research and development authority to develop, fund, and promote education, research, and development programs around industrial hemp. The authority is directed to apply for federal funding from the national institute of food and agriculture.
SIGNED
Pros
Industrial hemp has a bright future and it’s important that Colorado is part of it. This bill should help put the state at the forefront of the movement in this country, which will help Colorado and the US.
Cons
Federal law in this area is not clear. Commercial activity around industrial hemp remains federally illegal. It is true that states are ignoring this (including Colorado) but there is no guarantee that this state of affairs will remain. So achieving a federal grant seems unlikely.
SB18-243: Retail Sales Alcohol Beverages
Currently the restriction on fermented malt liquor beverages (3.2% alcohol by volume beer) is going away next year which is going to allow those with these licenses to sell full strength beer. This bill adds all of the restrictions around age (relating to both employees and delivery people) and sales price that exist for liquor licenses to the fermented malt liquor license. It also adds restrictions to make sure these retailers derive at least 20% of gross annual sales from food and limit the amount of shelf space allowed. It also allows licensing authorities to deny new licenses near schools or already licensed liquor stores.
SIGNED
Pros
If we’re going to go forward with selling full-strength beer in grocery stores, we need to regulate them more like liquor stores. We also need to make sure they really are grocery stores and use the same tools we use for liquor licenses to prevent concentration of liquor stores in one area or near schools. This isn’t just about competition, increased law enforcement presence could be required if stores that sell liquor are too close together.
Cons
Anti-competitive location restrictions don’t belong in our laws, if a grocery store wants to start selling full strength beer it should not be prevented from doing so by the liquor store across the street.
SB18-244: Alcohol Beverage Sale by Hotel Restaurant Licensee
Allows a hotel that has a restaurant liquor license to sell in sealed containers up to 750 ml of wine and 72 of beer, per transaction, to the hotel’s guests for on-premise consumption.
KILLED IN SENATE COMMITTEE
Pros
We already allow these establishments to sell alcohol, all this does is let people buy alcohol they can bring to their room or another part of the hotel. It limits the sale to one bottle of wine or large beer. People can already bring their own liquor into a hotel room that they’ve purchased somewhere else, so it’s not like the status quo is preventing people from consuming alcohol away from the hotel restaurant and/or bar.
Cons
This lets the hotel sell unlimited amounts of wine and beer to be consumed away from the watchful eyes of staff who are trained to spot people who have consumed too much. It’s unlimited because although each individual transaction is limited, there is no limit to the number of transactions.
SB18-259: Local Government Retail Marijuana Taxes
If a municipality annexes an unincorporated area that is levying excise tax on the first sale or transfer of uncultivated marijuana, the bill allow for the county to continue collecting the tax for three years, during which the municipality must not. Bill also eliminates the ability for metropolitan special districts to collect marijuana sales tax.
SIGNED
Pros
We need a way to cushion the blow for a county losing its revenue from this tax, and giving them a few years to adjust is a good way to do it. Metropolitan special districts don’t need to add a tax onto the already existing city sales tax. There are also only five of these in the state that levy sales taxes and only one of them has a retail marijuana store.
Cons
Three years also is an excessive amount of time for county adjustment to the new reality.
SB18-261: Medical Marijuana Condition Opiates Prescribed For
Adds any condition that a physician can use an opiate for controlling pain as eligible for medical marijuana.
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Pros
Opiates are more dangerous than marijuana. There is a mountain of evidence proving this and prescription opiates are the keystone of our current opioid epidemic. Marijuana has proven to be an effective pain reliever and should be used in this area.
Cons
Marijuana is a federally illegal drug, opiates are not. It’s really that simple, so swapping out a legal pain drug for an illegal one is not something the state should be doing. In addition, medical marijuana as a real thing not done in back alleys is in its early days, we should not be so hasty to jump to conclusions about potential long-term problematic side effects.
SB18-279: Marijuana Certification Technology
Allows the institute of cannabis research at CSU-Pueblo to develop marijuana certification technology that must include an agent applied to a marijuana plant or product and then scanned by a device. This technology would then subject to state licensing board approval before going into use.
KILLED IN SENATE COMMITTEE
Pros
The black and grey marijuana markets remain a problem in Colorado. This technology would allow the state to better crack down on illegal growing. As marijuana legalization continues to spread around the country the state may even be able to benefit from this technology being used in other states.
Cons
A near carbon copy of this bill was already introduced and killed earlier in this session (SB-029). As before, any technology of this type is bound to be an expensive endeavor (all of the tags and scanners required) that will also drain lots of time from law enforcement agencies (all the scanning). How much it will crack down on the black and grey markets is unclear. Registered retail locations are likely already mostly complying with the law, so this may not help much there. It also limits the tracking technology to something that can be scanned, which may crowd out other solutions.