1 Colo. Code Regs. § 212-3-2-205

Current through Register Vol. 47, No. 12, June 25, 2024
Section 1 CCR 212-3-2-205 - Fees

Basis and Purpose - 2-205

The statutory basis for this rule includes but is not limited to sections 44-10-103, 44-10-202(1)(b), 44-10-202(1)(c), 44-10-202(1)(e), 44-10-203(1)(k), 44-10-203(1)(i), 44-10-203(2)(b), 44-10-203(2)(h), 44-10-203(2)(q), 44-10-203(2)(w), 44-10-203(2)(dd)(XII), 44-10-303(2)(b), 44-10-310(7), 44-10-313, 44-10-401, 44-10-801, 44-10-802, 44-10-803, 44-10-1201, 44-10-1202, C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(II). The purpose of this rule is to establish fees required for applications, renewals, licenses fees, permits, and other fees required to accompany applications and submissions to the Division.

A.Regulated Marijuana Business Initial Application and License Fees.
1.Levels. The following levels apply to Regulated Marijuana Businesses with direct Controlling Beneficial Owners, which includes but is not limited to natural persons, Owner Entities, Publicly Traded Companies, Trusts, Qualified Institutional Investors and Qualified Private Funds. This does not include indirect Controlling Beneficial Owners of the licensed Regulated Marijuana Business, in accordance with Rules 2-235(A)(2)(a) and 2-235(B)(1)(b). The levels are:
a. Level 1: One (1) to four (4) Controlling Beneficial Owners.
b. Level 2: Five (5) to nine (9) Controlling Beneficial Owners.
c. Level 3: Ten (10) or more Controlling Beneficial Owners.
2.Medical Marijuana Businesses.

License Type

Application Fee

License Fee

Total Due at Application

Medical Marijuana Store

Level 1:

$6,440.00

Level 2:

$9,680.00

Level 3:

$12,880.00

Level 1:

$1,610.00

Level 2:

$2,420.00

Level 3:

$3,220.00

Level 1:

$8,050.00

Level 2:

$12,100.00

Level 3:

$16,100.00

Medical Marijuana Products Manufacturer

Level 1:

$2,440.00

Level 2:

$3,680.00

Level 3:

$4,880.00

Level 1:

$610.00

Level 2:

$920.00

Level 3:

$1,220.00

Level 1:

$3,050.00

Level 2:

$4,600.00

Level 3:

$6,100.00

Medical Marijuana Cultivation Facility

Class 1 (1-500 plants)

Level 1:

$2,440.00

Level 2:

$3,680.00

Level 3:

$4,880.00

Level 1:

$610.00

Level 2:

$920.00

Level 3:

$1,220.00

Level 1:

$3,050.00

Level 2:

$4,600.00

Level 3:

$6,100.00

Medical Marijuana Testing Facility

Level 1:

$2,440.00

Level 2:

$3,680.00

Level 3:

$4,880.00

Level 1:

$610.00

Level 2:

$920.00

Level 3:

$1,220.00

Level 1:

$3,050.00

Level 2:

$4,600.00

Level 3:

$6,100.00

Medical Marijuana Transporter

$5,520.00

$1,380.00

$6,900.00

Medical Marijuana Business Operator

Level 1:

$3,200.00

Level 2:

$4,800.00

Level 3:

$6,400.00

Level 1:

$800.00

Level 2:

$1,200.00

Level 3:

$1,600.00

Level 1:

$4,000.00

Level 2:

$6,000.00

Level 3:

$8,000.00

Marijuana Research and Development Facility

Level 1:

$2,440.00

Level 2:

$3,680.00

Level 3:

$4,880.00

Level 1:

$610.00

Level 2:

$920.00

Level 3:

$1,220.00

Level 1:

$3,050.00

Level 2:

$4,600.00

Level 3:

$6,100.00

2.Retail Marijuana Businesses.

License Type

Application Fee

License Fee

Total Due at Application

Retail Marijuana Store

$5,000.00

Level 1:

$2,850.00

Level 2:

$5,550.00

Level 3:

$8,200.00

State Check

Level 1:

$5,350.00

Level 2:

$8,050.00

Level 3:

$10,700.00

Local Check

$2,500.00

Retail Marijuana Products Manufacturer

$5,000.00

Level 1:

$2,200.00

Level 2:

$4,550.00

Level 3:

$6,900.00

State Check

Level 1:

$4,700.00

Level 2:

$7,050.00

Level 3:

$9,400.00

Local Check

$2,500.00

Retail Marijuana Cultivation Facility Tier 1 (1-1,800 plants)

$5,000.00

Level 1: $2,200.00

Level 2: $4,550.00

Level 3: $6,900.00

State Check

Level 1: $4,700.00

Level 2: $7,050.00

Level 3: $9,400.00

Local Check $2,500.00

Retail Marijuana Testing Facility

$1,000.00

Level 1: $2,000.00

Level 2: $3,250.00

Level 3: $4,500.00

State Check

Level 1: $2,500.00

Level 2: $3,750.00

Level 3: $5,000.00

Local Check $500.00

Retail Marijuana Transporter

$1,000.00

$5,850.00

State Check

$6,350.00

Local Check

$500.00

Retail Marijuana Business Operator

$1,000.00

Level 1:

$2,950.00

Level 2:

$4,700.00

Level 3:

$6,400.00

State Check

Level 1:

$3,450.00

Level 2:

$5,200.00

Level 3:

$6,900.00

Local Check

$500.00

Marijuana Hospitality

$1,000.00

$1,350.00

State Check

$1,850.00

Local Check

$500.00

Retail Marijuana Hospitality and Sales Business

$5,000.00

$2,850.00

State Check

$5,350.00

Local Check

$2,500.00

B.Regulated Marijuana Business Renewal Application and License Renewal Fees.
1.Medical Marijuana Businesses.

License Type

Application Fee

License Fee

Total Due at Application

Medical Marijuana Store

$1,840.00

$460.00

$2,300.00

Medical Marijuana Products Manufacturer

$1,840.00

$460.00

$2,300.00

Medical Marijuana Cultivation Facility

Class 1 (1-500 plants)

Class 2 (501-1,500 plants)

Class 3 (1,501-3,000 plants)

Expanded Production Management (The amount shown is charged in addition to the Class 3 fee for each class of 3,000 plants over Class 3)

$1,840.00

$460.00

$2,300.00

$2,680.00

$670.00

$3,350.00

$3,960.00

$990.00

$4,950.00

$840.00

$210.00

$1,050.00

Medical Marijuana Testing Facility

$1,840.00

$460.00

$2,300.00

Medical Marijuana Transporter (every 2 years)

$4,880.00

$1,220.00

$6,100.00

Medical Marijuana Business Operator

$2,560.00

$640.00

$3,200.00

Marijuana Research and Development Facility

$1,840.00

$460.00

$2,300.00

2.Retail Marijuana Businesses.

License Type

Application Fee

License Fee

Total Due at Application

Retail Marijuana Store

$1,840.00

$460.00

$2,300.00

Retail Marijuana Products Manufacturer

$1,840.00

$460.00

$2,300.00

Retail Marijuana Cultivation Facility

Tier 1 (1-1,800 plants)

Tier 2 (1,801-3,600 plants)

Tier 3 (3,601-6,000 plants)

Tier 4 (6,001-10,200 plants)

Tier 5 (10,201-13,800 plants)

Expanded Production Management (The amount shown is charged in addition to the Tier 5 fee for each additional tier of 3,600 plants over Tier 5)

$1,840.00

$460.00

$2,300.00

$2,680.00

$670.00

$3,350.00

$3,440.00

$860.00

$4,300.00

$5,000.00

$1,250.00

$6,250.00

$7,120.00

$1,780.00

$8,900.00

$840.00

$210.00

$1,050.00

Retail Marijuana Testing Facility

$1,840.00

$460.00

$2,300.00

Retail Marijuana Transporter

$4,880.00

$1,220.00

$6,100.00

Retail Marijuana Business Operator

$2,560.00

$640.00

$3,200.00

Marijuana Hospitality Business

$1,040.00

$260.00

$1,300.00

Retail Marijuana Hospitality and Sales Business

$1,840.00

$460.00

$2,300.00

C.Requests for a Finding of Suitability, Owner License and Owner Identification Badge - Initial Application and Renewal Fees.
1.Levels. The fee for Owner Entities corresponds to the number of Controlling Beneficial Owners of the licensed Regulated Marijuana Business created through the Owner Entity, in accordance with Rule 2-235(A)(2)(a).
2.Requests for Finding of Suitability Fees.

License Type

Application Fee

License Fee

Total Due at Application

Controlling Beneficial Owner - Natural Person

$680.00

$170.00

$850.00

Controlling Beneficial Owner - Natural Person - Social Equity (applies to Applicant seeking to be found suitable as a Social Equity Licensee)

$680.00

$170.00

$850.00

Passive Beneficial Owner

$680.00

$170.00

$850.00

Owner Entity:

Level 1: One (1) to four (4) Controlling Beneficial Owners and/or Owner Entities

$680.00

$170.00

$850.00

Level 2: Five (5) to nine (9) Controlling Beneficial Owners and/or Owner Entities

$1,040.00

$260.00

$1,300.00

Level 3: Ten (10) or more Controlling Beneficial Owners and/or Owner Entities

$1,360.00

$340.00

$1,700.00

Controlling Beneficial Owner - Publicly Traded Corporation (PTC)

$16,720.00

$4,180.00

$20,900.00

Controlling Beneficial Owner - Qualified Private Fund - Qualified Institutional Investor

$3,400.00

$850.00

$4,250.00

Controlling Beneficial Owner - Trust

$3,400.00

$850.00

$4,250.00

3.License Renewal Fees.

License Type

Application Fee

License Fee

Total Due at Application

Owner Individual Licensees, Passive Beneficial Owners who elect to be found suitable for licensure as an Owner

$440.00

$110.00

$550.00

Owner Entities

Level 1: One (1) to four (4) Controlling Beneficial Owners and/or Owner Entities

$440.00

$110.00

$550.00

Level 2: Five (5) to nine (9) Controlling Beneficial Owners and/or Owner Entities

$660.00

$165.00

$825.00

Level 3: Ten (10) or more Controlling Beneficial Owners and/or Owner Entities

$880.00

$220.00

$1,100.00

Controlling Beneficial Owner - Publicly Traded Corporation (PTC)

$4,000.00

$1,000.00

$5,000.00

Controlling Beneficial Owner - Qualified Private Fund - Qualified Institutional Investor - Trust

$1,600.00

$400.00

$2,000.00

D.Employee License - Initial Fees and Renewal Fees.

License Type

Application Fee

License Fee

Total Due at Application

Employee License

$120.00

$30.00

$150.00

Conditional Employee License

$160.00

$40.00

$200.00

Employee License Renewal

$80.00

$20.00

$100.00

E.Temporary Appointee Registration - Request for Finding of Suitability Fees and Renewal Fees.

License Type

Application Fee

License Fee

Total Due at Application

Temporary Appointee Registration (Natural Person)

$240.00

$60.00

$300.00

Temporary Appointee Registration (Entity)

$840.00

$210.00

$1,050.00

Temporary Appointee Registration (Natural Person) Renewal

$240.00

$60.00

$300.00

Temporary Appointee Registration (Entity) Renewal

$680.00

$170.00

$850.00

F.Other Application Fees. The following other fees apply:
1.Permits.

License Type

Total Due at Application

Transition Permit:

$350.00

Delivery Permit:

$5,250.00

Delivery Permit Renewal:

$2,650.00

Centralized Distribution Permit

$50.00

Off-Premises Storage Facility Permit

$2,000.00

R&D Co-Location Permit

$100.00

2.Changes of Ownership - Fees. The following fees apply per a Regulated Marijuana Business License.

License Type

Total Due with Submission

Change of Controlling Beneficial Owner:

Involving up to four (4) Controlling Beneficial Owners and/or Owner Entities, (i.e. buyers and sellers)

$2,800.00

Involving five (5) to nine (9) Controlling Beneficial Owners and/or Owner Entities, (i.e. buyers and sellers)

$4,900.00

Involving ten (10) or more Controlling Beneficial Owners and/or Owner Entities, (i.e. buyers and sellers)

$6,350.00

Changes Exempt from a Change of Ownership not involving a reallocation

$1,150.00

Changes Exempt from a Change of Ownership involving a reallocation

$2,000.00

3.Applications to Modify - Fees. The following fees apply per a Regulated Marijuana Business License.

License Type

Total Due at Application

Modification of Premises Fee (MOP)

$150.00

Request Fee (for Tier Increase / Class Increase)

$300.00

Change of Trade Name (COTN)

$100.00

Change of Location (COL)

$650.00

Security Waiver

$600.00

Contingency Plan

$1,300.00

4.Other Fees.

License Type

Application Fee

License Fee

Total Due at Application

Reduced Testing Allowance Certification (effective January 8, 2024)

$4,000.00

$0

$4,000.00

Duplicate Business License

$50.00

$0

$50.00

Duplicate Owner/Employee License

$50.00

$0

$50.00

Reinstatement Fee

$350.00

$0

$350.00

Responsible Vendor Program Provider:

Responsible Vendor Program Provider Initial Application

$1,100.00

$0

$1,100.00

Duplicate Responsible Vendor Program Provider Certificate

$100.00

$0

$100.00

Responsible Vendor Program Provider Renewal

$360.00

$90.00

$450.00

R&D Project Proposal Fee

$650.00

$0

$650.00

Security Waiver Renewal Fee

$300.00

$0

$300.00

G.When Fees are Due. All fees in this Rule are due at the time the application or request is submitted.

1 CCR 212-3-2-205

46 CR 15, August 10, 2023, effective 7/1/2023 (Emergency)
46 CR 22, November 25, 2023, effective 10/27/2023 exp. 2/24/2024 (Emergency)
46 CR 23, December 10, 2023, effective 12/30/2023