DENVER MARIJUANA CODE

Denver Revised Municipal Code ch. 6, art. V

in effect

Denver Revised Municipal Code § 6-200 Purpose and legislative intent.

Sec. 6-200. - Purpose and legislative intent. The purpose of this article V is to exercise the authority of the City and County of Denver to allow state-licensed medical and retail marijuana businesses to exist in the city in accordance with applicable state laws and regulations as well as the additional local licensing requirements set forth herein. The intent of this article V is to align the local licensing of medical and retail marijuana businesses with the licensing framework utilized by the state licensing authority and to provide additional necessary local regulations including, but not limited to, reserving certain licenses for social equity applicants and prescribing limitations related to proximity, location, and operation. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-201 Local licensing authority.

Sec. 6-201. - Local licensing authority. The manager is hereby designated as the local licensing authority for purposes of administering the Colorado Marijuana Code and this article V. The manager shall have the power to determine the qualifications of applicants, set conditions for licensure, and determine whether marijuana licenses should be issued, denied, renewed, suspended, fined, or revoked, pursuant to the procedures and standards set forth in this article V and chapter 32 of this Code. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-202 Relationship to Colorado Marijuana Code.

Sec. 6-202. - Relationship to Colorado Marijuana Code. Except as otherwise specifically provided herein and in chapter 32 of this Code, this article V incorporates the licensing requirements set forth in the Colorado Marijuana Code. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-203 Effective date; no vested rights.

Sec. 6-203. - Effective date; no vested rights. (a) Effect on existing licenses and pending applications. Upon the effective date of this article V, all marijuana business licenses previously issued by the department shall be deemed to reflect the corresponding license type listed in section 6-205(b). All applications currently pending before the department will continue to be processed subject to provisions applicable at the time of application. (b) No entitlement or vested right to licensing. No person shall be deemed to have any entitlement or vested right to local licensing under this article V by virtue of having applied for or having received any prior license or permit from the city or the state. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-204 Defined terms.

Sec. 6-204. - Defined terms. Except as provided below, the definitions set forth in subsection 16(2) of article XVIII of the Colorado Constitution and the definitions set forth in the Colorado Marijuana Code shall apply equally to this article V. In addition, the following terms shall have the meanings respectively assigned to them: (1) Advertise, advertising, or advertisement means the act of drawing the public's attention to a medical or retail marijuana business in order to promote the sale of cannabis by a medical or retail marijuana business or consumption of marijuana in a marijuana business. (2) Alcohol or drug treatment facility means any treatment facility, located within the city and licensed or approved by the state office of behavioral health in the department of human services, as provided in Articles 80, 81, and 82 of Title 27 of the Colorado Revised Statutes, as amended. (3) Applicant means any person applying for a medical or retail marijuana business license, including a social equity applicant. (4) Cannabis means regulated marijuana, industrial hemp, and industrial hemp product. (5) Child care establishment means any child care establishment as defined by and regulated under chapter 11 of this Code. (6) Colorado Marijuana Code means Article 10 of Title 44 of the Colorado Revised Statutes, as amended, and the rules and regulations adopted pursuant thereto. (7) Common ownership means two (2) or more licenses that share at least one (1) person that holds an ownership interest in each license. (8) Consumer goods means goods primarily used for personal, family, or household purposes, but does not include vehicles. (9) Continuous operation means that the regular sale of medical marijuana has occurred at the subject location without interruption by a medical marijuana store. Continuous operations shall be deemed to have ceased if any of the following occur: a. The sale of marijuana at the subject location has suspended or ceased for a period longer than ninety (90) consecutive days, unless the suspension or cessation was due to factors outside of the licensee's control as determined by the director; or b. The subject location is owned, leased, or otherwise occupied for a use other than the sale of marijuana; or c. The state or local medical marijuana center or store license issued for the subject location has expired, is not renewed, is surrendered, changes location, or is revoked. (10) Department means the department of licensing and consumer protection. (11) Licensee or permittee means any person holding a valid medical or retail marijuana business license or permit issued by the department. (12) Location means a structure(s) or building(s) identified by a distinct street address assigned by the city in accordance with article IV of chapter 49 of this Code. To the extent the structure(s) or building(s) consists of separately described "units," "suites," "rooms," "buildings," or other similar subdivisions, the structure(s) or building(s) shall nevertheless be counted as one (1) location. (13) Manager means the manager of licensing and consumer protection. (14) Neighborhood of undue concentration of cultivation facility locations means the five (5) statistical neighborhoods where the highest number of licensed medical and retail marijuana cultivation facility locations exist, as calculated no more than ninety (90) days after the effective date of this article V for 2021, and by December 31 of each year thereafter. To the extent there is a tie between two (2) or more statistical neighborhoods with the statistical neighborhood having the fifth most licensed locations, then all such neighborhoods shall be treated as neighborhoods of undue concentration of cultivation facility locations. (15) Neighborhood of undue concentration of marijuana store locations means the five (5) statistical neighborhoods where the highest number of licensed medical and retail marijuana store locations exist, as calculated no more than ninety (90) days after the effective date of this article V for 2021, and by December 31 of each year thereafter. To the extent there is a tie between two (2) or more statistical neighborhoods with the statistical neighborhood having the fifth most licensed locations, then all such neighborhoods shall be treated as neighborhoods of undue concentration of marijuana store locations. (16) Party in interest means any of the following: a. The applicant; b. An adult resident of the neighborhood under consideration; c. The owner or manager of a business located in the neighborhood under consideration; d. An authorized representative of a registered neighborhood organization that encompasses all or part of the neighborhood under consideration; or e. Any member of city council elected from a district that encompasses all or any part of the neighborhood under consideration. (17) Person means any firm, corporation, association, or other organization acting as a group or unit as well as a natural person. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. (18) Private residence includes, but is not limited to, a private premises where a person lives such as a private dwelling, a place of habitation, a house, a multi-dwelling unit for residential occupants, or an apartment unit. Private residence does not include any premises located at a school, on the campus of an institution of higher education, public property, alcohol or drug treatment facility, or any commercial property unit including, but not limited to, offices or retail space. (19) Safe means a metal box capable of being locked securely, constructed in a manner to prevent opening by human or mechanical force, or through the use of common tools, including, but not limited to, hammers, bolt cutters, crow bars or pry bars. (20) School means a public or private preschool, elementary school, middle school, junior high school, or high school. (21) Smoking shall have the same meaning as set forth in C.R.S. § 25-14-203, as amended. (22) Social equity applicant means a person applying for a new marijuana business license, or being transferred a marijuana business license, who holds a valid finding of suitability as a social equity licensee from the state licensing authority. (23) Statistical neighborhood means the geographical neighborhood boundaries established by the City and County of Denver in 1970 in conjunction with the Community Renewal Program. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 217-21, § 1, 4-19-21; Ord. No. 500-25, § 1, 5-5-25; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-205 License or permit required; classes of licenses or permits authorized.

Sec. 6-205. - License or permit required; classes of licenses or permits authorized. (a) License required. It shall be unlawful for any person, whether or not they are licensed in another jurisdiction, to engage in any form of business or commerce involving marijuana within the city without a valid local license or permit issued pursuant to this article V authorizing that business and a corresponding state license or permit issued pursuant to the Colorado Marijuana Code authorizing the same business. (b) Classes of licenses or permits authorized. For the purpose of regulating the cultivation, manufacture, research and development, testing, transportation, storage, sale or distribution, offering for sale, delivery, and consumption of regulated marijuana, the manager may issue a local license or permit of any of the following classes, subject to the provisions and restrictions provided in this article V and the Colorado Marijuana Code: (1) Medical marijuana store license; (2) Medical marijuana delivery permit; (3) Medical marijuana cultivation facility license; (4) Medical marijuana products manufacturer license; (5) Medical marijuana testing facility license; (6) Medical marijuana transporter license; (7) Medical marijuana off-premises storage facility permit; (8) Marijuana research and development license; (9) Retail marijuana store license; (10) Retail marijuana delivery permit; (11) Retail marijuana cultivation facility license; (12) Retail marijuana products manufacturer license; (13) Retail marijuana testing facility license; (14) Retail marijuana transporter license; (15) Retail marijuana off-premises storage facility permit; (16) Marijuana hospitality business license; and (17) Retail marijuana hospitality and sales business license. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 217-21, § 1, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-206 City-wide moratorium on certain medical marijuana business licenses; licenses reserved for social equity applications—Sunset.

Sec. 6-206. - City-wide moratorium on certain medical marijuana business licenses; licenses reserved for social equity applications—Sunset. (a) Moratorium on certain new medical marijuana licenses. (1) The manager shall not accept any application for a new medical marijuana store. (2) The manager shall not accept any application for a new medical marijuana cultivation facility. (b) Licenses to be reserved for social equity applicants—Exceptions; sunset. The manager may only accept applications for new medical marijuana products manufacturer, medical marijuana transporter, and retail marijuana business licenses from social equity applicants except that the manager may accept applications for new retail or medical marijuana business licenses from any applicant in the following instances: (1) The applicant is applying for a medical or retail marijuana testing facility license or a marijuana research and development license; or (2) The applicant is applying for a retail marijuana business license that will be co-located with a medical marijuana business of the same type in compliance with this article V. (c) Report to city council. The manager shall report in writing to city council by July 1, 2026 regarding the exclusive issuance of certain licenses to social equity applicants. (d) Sunset of social equity exclusivity. Subsection (b) of this section 6-206 shall be repealed effective July 1, 2027. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-207 Application requirements.

Sec. 6-207. - Application requirements. All applications for local licensing shall be made in the manner provided by the manager. In addition to information required by chapter 32 of this Code, the applications shall contain the following information: (1) A social impact plan containing the information required by the manager, as well as the following: a. The name, telephone number, and email address of the person affiliated with the applicant or licensee who is responsible for oversight and implementation of the social impact plan; b. A description of the procedure(s) the applicant or licensee will use to timely address concerns of residents, registered neighborhood organizations, and businesses within the neighborhood surrounding the licensed premises; c. A list of all registered neighborhood organizations whose boundaries encompass the location of the licensed premises and a description of the applicant or licensee's plan to engage with each registered neighborhood association; d. A description of the applicant or licensee's diversity and inclusion practices in hiring and employment, including any specific metrics to be used in measuring the success of its programs; e. A description of the applicant or licensee's sustainability practices, including any specific metrics to be used in measuring the success of its programs; f. A description of the applicant or licensee's plan to foster participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement in order to positively impact those communities, including any specific metrics to be used in measuring the success of its programs; and g. A description of how members of the public can access the applicant's social impact plan. (2) Documentation establishing that the applicant qualifies as a social equity applicant as defined in this article V, if applicable; and (3) Any supplemental materials the manager deems necessary to implement or enforce this article V and the Colorado Marijuana Code. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-208 Provisions applicable to all licenses.

Sec. 6-208. - Provisions applicable to all licenses. (a) Inspections and permits. The manager shall not issue a local license or approve any material and substantial modification of a licensed premises until the applicant has completed all required inspections and received all necessary permits, including, but not limited to, right-of-way permits, zoning permits, and fire and building permits. (b) Corresponding state license. The manager shall not issue a local license unless the applicant produces a valid corresponding license issued by the state licensing authority under the Colorado Marijuana Code, including an accelerator business license of the same type. (c) Compliance with state law. In addition to the requirements set forth in this article V, all medical and retail marijuana business licenses shall comply with all applicable provisions in the Colorado Marijuana Code. (d) Records. A licensee must provide on-demand access to on-premises records, including records related to the inventory tracking system and video surveillance, following a request from any law enforcement officer of the city, inspector of the city, or other city official, during normal business hours or hours of apparent operation, and must provide access to off-premises records within three (3) business days following a request. (e) Background checks. Prior to the issuance of any local license, the manager may make a finding and determination as to the applicant's compliance with C.R.S. § 44-10-307, as amended. In so doing, the manager may incorporate any findings previously made by the state licensing authority and consider whether convictions, including marijuana convictions, pose a threat to the regulation or control of marijuana. The manager shall not be required to perform a criminal background check if the state licensing authority has already performed a criminal background check on the applicant. (f) Shared premises of a medical and retail marijuana business. Medical and retail marijuana businesses may share the same licensed premises only to the extent allowed by the Colorado Marijuana Code. (g) Social impact plan to be made public. Medical and retail marijuana businesses shall ensure that social impact plans on file with the department are made publicly available. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-209 Marijuana store licenses.

Sec. 6-209. - Marijuana store licenses. (a) Operational requirements. In addition to the provisions applicable to all licenses, all medical and retail marijuana store licensees shall comply with the following provisions: (1) Medical and retail marijuana stores shall not transfer, sell, or otherwise distribute cannabis between the hours of 12:00 a.m. and 8:00 a.m. daily. (2) Medical and retail marijuana stores shall not transfer, sell, or otherwise distribute more regulated marijuana in a single transaction to a consumer than the lawful amounts related to possession and sale set forth in state law. A single transaction includes multiple transfers, sales, or distributions to the same consumer during the same business day where the medical or retail marijuana store employee knows or reasonably should know that such transfer, sale, or distribution would result in that consumer possessing or being sold more than the amounts set forth in state law. (3) Beginning January 1, 2022, medical and retail marijuana stores shall install and use a safe in a limited access area, which shall be incorporated into the building structure or securely attached thereto, for overnight storage of all processed cannabis and cash. For marijuana-infused products that must be kept refrigerated or frozen, the establishment may lock the refrigerated container or freezer, so long as the appliance is affixed to the building structure. Alternatively, a business may utilize security devices such as vaults, strong rooms or other security features that are functionally equivalent to a safe as determined by department rule. (4) All walk-up, drive-up, or curbside pickup services must comply with any applicable zoning, public health, building and fire, transportation and infrastructure, or other local requirements; any additional safety, security, compliance procedures, or required signage established by department rule; and, any other requirements established by the state licensing authority. (b) Proximity restrictions. No medical or retail marijuana store license shall be issued if the proposed location is within one thousand (1,000) feet of one (1) or more of the following locations: (1) Any school, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the school to the nearest external portion of the building in which the marijuana store is proposed to be located. (2) Any child care establishment, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the child care establishment to the nearest external portion of the building in which the marijuana store is proposed to be located. (3) Any other medical or retail marijuana store licensed pursuant to this article V, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which one (1) store is located to the nearest external portion of the building in which the other store is proposed to be located. In the event that the department receives two (2) or more applications for a medical or retail marijuana store with proposed locations within one thousand (1,000) feet of each other, the manager shall act upon only the first complete application received and shall not issue a license to subsequent applications proposing to be located within one thousand (1,000) feet, except as set forth in subsection (6). (4) Any alcohol or drug treatment facility, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which the alcohol or drug treatment facility is located to the nearest external portion of the building in which the marijuana store is proposed to be located. (5) Any location where, within the two (2) years preceding the date of the application, the manager denied an application for a medical or retail marijuana store license because the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets or the adult inhabitants did not otherwise need or desire an additional medical or retail marijuana store license. (6) The proximity restrictions in paragraphs (1), (2), (3) and (4) shall not apply to any application for a retail marijuana store that proposes to share a location with a licensed medical marijuana store that has existed in continuous operation and can demonstrate common ownership with that same medical marijuana store license. (c) Location restrictions. No medical or retail marijuana store shall be issued at the following locations: (1) Within any residential zone district as defined by the Denver Zoning Code or former chapter 59, in any MS-2, MS-2x, MX-2, MX-2A or MX-2x zone district as defined by the Denver Zoning Code or former chapter 59, or in any location where retail sales are prohibited by the Denver Zoning Code, former chapter 59, or by any ordinance governing a planned unit development. (2) Within any location within a neighborhood of undue concentration of marijuana store locations at the time of the application. This location restriction shall not apply to an application submitted to change location of a medical or retail marijuana store license within a neighborhood of undue concentration of marijuana store locations changing to a location within the same neighborhood of undue concentration of store locations. (3) Within any location where, within the one (1) year preceding the date of the application, the manager scheduled a public hearing for an application for a medical or retail marijuana store license and the application was subsequently withdrawn prior to final action by the manager on the application. (4) The restrictions in paragraphs (1) and (2) shall not apply to any application for a retail marijuana store that proposes to share a location with a licensed medical marijuana store that has existed in continuous operation and can demonstrate common ownership with that same medical marijuana store license. (d) Public hearing. A public hearing may be required prior to the issuance of a medical or retail marijuana store license. A public hearing shall be required upon the receipt of relevant substantial requests from parties in interest in the neighborhood under consideration. All such public hearings shall be subject to the following provisions: (1) Upon receipt of an application for a medical or retail marijuana store license, the manager shall schedule a public hearing no less than thirty (30) days after the date the application is received by the department. The applicant shall have the burden of proving by a preponderance of the evidence its qualifications for the license. (2) No less than ten (10) days prior to the public hearing, the department shall post public notice of the hearing by posting a sign on the proposed premises in a manner that is conspicuous and plainly visible to the general public and by publication in a newspaper of general circulation. Public notice by posting must include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, the names and addresses of the officers, managers, or manager of the facility to be licensed, and such other information as may be required to fully apprise the public of the nature of the application. Notice given by publication shall contain the same information as that required for signs. (3) No less than ten (10) days prior to the public hearing, the manager shall designate the neighborhood being affected by such application. The designation of the geographical extent and boundaries of such neighborhood shall be determined according to department policy. (4) No less than five (5) days prior to the date of hearing, the manager shall make known the manager's findings based on the manager's initial investigation of the application documents in writing to the applicant and other interested parties. The failure of the manager to make these findings known five (5) days prior to the date of the public hearing shall not preclude the manager from later determining that the application should be approved or denied. (5) At the public hearing, any party in interest shall be allowed to present evidence and to cross-examine witnesses. (6) Before entering any decision approving or denying the application, the manager may consider the facts and evidence adduced as a result of their investigation and the public hearing required by this section and any other pertinent matters affecting the qualifications of the applicant, including: a. The number and availability of licenses of the same type in or near the neighborhood; b. Whether the issuance of the license would create a neighborhood of undue concentration of marijuana store locations; c. The reasonable requirements of the neighborhood and the desires of the adult inhabitants therein as evidenced by petitions, remonstrances, or otherwise; and d. The provisions of this article V and chapter 32 of this Code, or any rules and regulations adopted pursuant thereto. (7) Unless additional time is necessary to fully investigate an application, any decision of the manager approving or denying an application shall be in writing stating the reasons therefor, within thirty (30) days after the date of the public hearing, and a copy of such decision shall be sent to the applicant at the physical or electronic address shown in the application. The failure of the manager to issue a final decision within thirty (30) days after the date of the public hearing shall not preclude the manager from later determining that the application should be approved or denied. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 500-25, § 1, 5-5-25; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-210 Marijuana delivery permits.

Sec. 6-210. - Marijuana delivery permits. (a) Subject to the provisions of this article and the provisions of the Colorado Marijuana Code, local marijuana delivery permits may be issued to a: (1) Medical marijuana store to accept orders for delivery of regulated marijuana to patients at a private residence by a medical marijuana transporter with a valid delivery permit; or (2) Retail marijuana store to accept orders for delivery of regulated marijuana to consumers at a private residence by a retail marijuana transporter with a valid delivery permit; or (3) Medical marijuana transporter who qualifies as a social equity applicant as defined in this article to contract with a medical marijuana store with a valid delivery permit to deliver regulated marijuana to private residence of patients; or (4) Retail marijuana transporter who qualifies as a social equity applicant as defined in this article to contract with a retail marijuana store with a valid delivery permit to deliver regulated marijuana to private residence of consumers. (b) Delivery permit restrictions. Only medical or retail marijuana transporters who qualify as a social equity applicant as defined in this article and hold a valid license and a delivery permit issued pursuant to this article V may deliver regulated marijuana to private residences of customers and patients, subject to the provisions the Colorado Marijuana Code. (c) Operational requirements. In addition to the provisions applicable to all licenses, a medical marijuana store, retail marijuana store, medical marijuana transporter, or retail marijuana transporter holding a marijuana delivery permit shall comply with the following provisions: (1) Marijuana delivery permittees shall not make or complete deliveries of cannabis between the hours of 12:00 a.m. and 8:00 a.m. daily. (2) Marijuana delivery permittees shall use an electronic scanner to scan the ID of the person to whom regulated marijuana is being delivered at the point of transferring any regulated marijuana to the customer or patient. (3) Marijuana delivery permittees shall retain a copy of the marijuana delivery permit in the delivery motor vehicle while conducting deliveries of regulated marijuana and exhibit the permit upon the request of any law enforcement official of the city, inspector of the city, or other city official. (4) All persons in the delivery motor vehicle shall be required to hold and properly display an identification badge issued by the state licensing authority while conducting deliveries of regulated marijuana. Proper display of the identification badge shall consist of wearing the badge in a plainly visible manner, at or above the waist, and with the photo of the individual visible. The badge shall not be altered, obscured, damaged, or defaced in any manner. (5) Marijuana delivery permittees shall keep a record of sale, such as a receipt, for all cannabis contained in their vehicle. An enclosed delivery motor vehicle shall not contain more than five thousand dollars ($5,000.00) in retail value of cannabis. A delivery motor vehicle that is not enclosed shall not contain more than two thousand dollars ($2,000.00) in retail value of cannabis. (6) Marijuana delivery permittees shall not deliver more regulated marijuana to a person than the amounts set forth in state law per day, nor shall the permittee deliver to a person or primary residence if the permittee knows or reasonably should know that the person or primary residence has already received a delivery during the same business day. This does not prohibit delivery of regulated marijuana to another person at the residence at the same time. (d) Report to City Council. The manager shall report in writing to city council by July 1, 2023 regarding the operation of the delivery program. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 960-22, § 1, 9-19-22; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-211 Marijuana cultivation facility licenses.

Sec. 6-211. - Marijuana cultivation facility licenses. (a) Operational requirements. In addition to the provisions applicable to all licenses, all medical and retail marijuana cultivation facility licensees shall comply with the following provisions: (1) Medical and retail marijuana cultivation facilities may only plant, grow, harvest, store, dry, trim, or process marijuana inside of a completely enclosed structure within a limited access area. A marijuana cultivation facility may transport regulated marijuana in an outdoor portion of its limited access area only if the outdoor portion of the licensee's limited access area complies with state and local laws and regulations applicable to outdoor limited access areas for medical and retail marijuana cultivation facilities. (b) Proximity restrictions. No medical or retail marijuana cultivation facility license shall be issued within one thousand (1,000) feet of one (1) or more of the following locations: (1) Any school, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for school to the nearest external portion of the building in which the medical or retail marijuana cultivation facility is proposed to be located. (2) Any residential district as defined in the Denver Zoning Code or former chapter 59, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of any property in the residential district to the nearest external portion of the building in which the medical or retail marijuana cultivation facility is proposed to be located. (3) The provisions of this subsection (b) shall not apply to any application for a new retail marijuana cultivation facility that is proposed at the same location as an existing medical or retail marijuana cultivation facility. However, these proximity restrictions shall apply to any application submitted to change location of a medical or retail marijuana cultivation facility license pursuant to section 6-220 of this Code. (c) Location restrictions. No medical or retail marijuana cultivation facility license shall be issued at the following locations: (1) Within any zone district where, at the time of application, plant husbandry is not a permitted primary use under the Denver Zoning Code or former chapter 59. This paragraph (1) shall not apply to an application proposing to locate a medical or retail marijuana cultivation facility in a zone district where plant husbandry is not a permitted primary use but is already occurring as a compliant or nonconforming use under the Denver Zoning Code or former chapter 59, if and only if the applicant meets the following requirements: a. A zoning permit for plant husbandry was applied for upon the same zone lot on or before July 1, 2010; b. The applicant can show that an optional premises cultivation license upon the same zone lot was applied for with the state licensing authority on or before August 1, 2010, in accordance with § 12-43.3-103(1)(b), C.R.S; and c. The applicant can produce documentary or other empirical evidence to the satisfaction of the manager that the cultivation of medical marijuana commenced on the zone lot prior to January 1, 2011. (2) Within any neighborhood of undue concentration of cultivation facility locations at the time of application. This paragraph (2) shall not apply to any application proposing to locate a new retail marijuana cultivation facility at the same location as a medical or retail marijuana cultivation facility license. However, this location restriction shall apply to any application submitted to change location of a medical or retail marijuana cultivation facility license into a neighborhood of undue concentration of cultivation facility locations pursuant to section 6-220 of this Code. (3) Within or upon the licensed premises of a medical or retail marijuana cultivation facility license, except as provided in section 6-208(f) of this Code. No more than one (1) medical marijuana cultivation facility license and one (1) retail marijuana cultivation facility license may share the same licensed premises. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-212 Marijuana products manufacturer licenses.

Sec. 6-212. - Marijuana products manufacturer licenses. (a) Licensing requirements. In addition to the provisions applicable to all licenses, all medical and retail marijuana products manufacturer licensees shall comply with all applicable requirements of chapter 23 of this Code, and rules and regulations adopted pursuant thereto. (b) Location restrictions. No medical or retail marijuana products manufacturer license shall be issued within any zone district where, at the time of application, "food preparation and sales, commercial," "manufacturing, fabrication and assembly, general," or "manufacturing, fabrication and assembly, heavy" is not permitted by the Denver Zoning Code or former chapter 59. Any zone lot where any person qualified as a "locally approved" medical marijuana-infused product manufacturer as of July 1, 2010, in accordance with former subsection 24-411(c) of this Code and the former Colorado Medical Marijuana Code may also qualify for licensing under this section provided such manufacturing is considered a compliant or nonconforming use in that location under the Denver Zoning Code or former chapter 59. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-213 Marijuana testing facility licenses.

Sec. 6-213. - Marijuana testing facility licenses. (a) Location restriction. No medical or retail marijuana testing facility license shall be issued within any zone district where, at the time of application, "laboratory, research, development, and technological services" is not permitted by the Denver Zoning Code or former chapter 59. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-214 Marijuana transporter licenses.

Sec. 6-214. - Marijuana transporter licenses. (a) Operational requirements. In addition to the provisions applicable to all licenses, all medical and retail marijuana transporter licensees shall comply with the following provisions: (1) Medical and retail marijuana transporter licensees shall not possess unsealed packages or containers of cannabis on the licensed premises. (2) Medical and retail marijuana transporter licensees shall not open sealed packages or containers of cannabis. (3) Medical and retail marijuana transporter licensees shall not re-package cannabis on the licensed premises. (4) Medical and retail marijuana transporter licensees shall not sell, cultivate, manufacture, process, test, or consume cannabis upon the licensed premises. (5) Medical and retail marijuana transporters that do not maintain a licensed premises within the city shall not temporarily store cannabis or otherwise exercise any license privileges for which a licensed premises would be required. (b) Location restriction. No medical or retail marijuana transporter license that maintains a licensed premises within the city shall be issued to an applicant proposing to locate a licensed premises within any zone district where, at the time of application, "terminal, freight, air courier services" is not permitted by the Denver Zoning Code or former chapter 59. The manager may issue a medical or retail marijuana transporter license to an applicant that does not maintain a licensed premises within the city for the sole purpose of conducting deliveries of regulated marijuana within the city. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-215 Marijuana off-premises storage facility permits.

Sec. 6-215. - Marijuana off-premises storage facility permits. (a) Off-premises storage—Authorized. A medical or retail marijuana store, medical or retail marijuana transporter, medical or retail marijuana cultivation facility, medical or retail marijuana products manufacturer, or medical or retail marijuana testing facility holding a valid Denver license may apply for an off-premises storage permit to store finished goods and inventory belonging to the corresponding licensee, subject to the provisions of this article V and the Colorado Marijuana Code. (b) Operational requirements. In addition to the provisions applicable to all licenses, all medical and retail marijuana off-premises storage facility permittees shall comply with the following provisions: (1) The off-premises storage facility shall constitute an extension of the marijuana business's licensed premises and shall comply with all state and local laws and regulations applicable to the corresponding license type. (2) Except as provided herein, a medical or retail marijuana off-premises storage facility permittee shall not possess unsealed packages or containers of cannabis on the licensed premises, open sealed packages or containers of cannabis on the licensed premises, or re-package cannabis on the licensed premises. A marijuana store with a valid delivery permit may use its own off-premises storage facility permit to package, label, and fill orders for delivery of regulated marijuana to a patient or customer after the marijuana store receives an order for delivery. (3) A medical or retail marijuana off-premises storage facility permittee shall not sell, cultivate, manufacture, process, test, or consume cannabis upon the licensed premises. (c) Limitation on number of permits. Except for a medical or retail marijuana transporter license issued pursuant to this article V, no more than one (1) off-premises storage facility permit may be issued to each eligible licensee. (d) Location restrictions. No medical or retail marijuana off-premises storage facility permit shall be issued at the following locations: (1) Within any zone district where, at the time of application for the permit, "wholesale trade or storage, general" is not a permitted use under the Denver Zoning Code or former chapter 59, if the off-premises storage permit is issued for a medical or retail marijuana store, medical or retail marijuana cultivation facility, medical or retail marijuana products manufacturer, or medical or retail marijuana testing facility. (2) Within any zone district where, at the time of application for the permit, "terminal, freight, air courier services" is not a permitted use under the Denver Zoning Code or former chapter 59, if the off-premises storage permit is issued for a medical or retail marijuana transporter. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-216 Marijuana research and development licenses.

Sec. 6-216. - Marijuana research and development licenses. (a) Licensing requirements. In addition to the provisions applicable to all licenses, all medical research and development facility licensees shall comply with the following provisions: (1) Marijuana research and development licensees that plant, grow, harvest, store, dry, trim, or process regulated marijuana shall ensure that their licensed premises is completely encompassed within the licensed premises of a medical or retail marijuana cultivation facility. Cultivation shall be conducted in accordance with all state and local laws and regulations. (2) Marijuana research and development licensees that manufacture or process regulated marijuana shall ensure that all manufacturing and processing activities are conducted in compliance with all state and local laws and regulations related to marijuana products manufacturers. (3) All marijuana research and development licensees shall submit to the department a copy of every research project approved by the state licensing authority. (4) Marijuana research and development licensees shall not permit the consumption of cannabis upon the licensed premises unless the consumption occurs pursuant to an approved research project and in compliance with state and local laws and regulations. (5) Marijuana research and development licensees shall not sell or transfer regulated marijuana from the licensed premises unless the sale or transfer is made to another medical marijuana research and development license or the sale or transfer is made pursuant to an approved research project and in compliance with all state and local laws and regulations. (Ord. No. 216-21, § 2, 4-19-21)

Denver Revised Municipal Code § 6-217 Marijuana hospitality business licenses.

Sec. 6-217. - Marijuana hospitality business licenses. (a) Marijuana hospitality businesses—authorized. Beginning July 1, 2021, a local marijuana hospitality business license may be issued to allow for the on-premises consumption of marijuana at either a fixed location or mobile premises, subject to the provisions of this article V and the Colorado Marijuana Code. (b) Licensing requirements—all locations. In addition to the provisions applicable to all licenses, all marijuana hospitality business licensees shall comply with the following provisions: (1) A marijuana hospitality business licensee shall not permit the use or consumption of regulated marijuana between the hours of 2:00 a.m. and 7:00 a.m. daily. (2) A marijuana hospitality business licensee shall not sell, transfer, or distribute, with or without remuneration, or allow the sale, transfer, or distribution, with or without remuneration, of marijuana, marijuana concentrate, or marijuana products on the licensed premises. (3) A marijuana hospitality business licensee shall not engage in or allow any activity that would require an additional license under this article, including, but not limited to, planting, growing, harvesting, storing, drying, trimming, processing or manufacturing marijuana, marijuana concentrate, or marijuana products on the licensed premises. Nothing in this subsection prohibits a marijuana hospitality business from storing marijuana consumer waste on the licensed premises, in compliance with state law. (4) A marijuana hospitality business licensee shall not allow any person to consume or display marijuana, marijuana concentrate, or marijuana products outside of a consumption area or any place that is visible from outside of the consumption area. (5) A marijuana hospitality business may allow smoking of marijuana in indoor and outdoor portions of the licensed premises. Marijuana smoking indoors and outdoors must occur in compliance with an odor control plan filed pursuant to section 4-10 of this Code, and approved by the department of public health and environment. (6) A marijuana hospitality business licensee shall ensure that all areas of ingress and egress to the consumption areas are clearly identified and posted with signs and warnings required by state law or the department. (7) A marijuana hospitality business licensee shall not allow on-duty employees of the business to consume any marijuana, marijuana concentrate, or marijuana product on the licensed premises. (8) A marijuana hospitality business licensee shall not allow the consumption of alcohol or smoking of tobacco or tobacco products on the licensed premises. (9) A marijuana hospitality business licensee shall not allow any person under the age of twenty-one (21) on the licensed premises. Government-issued identification must be required from all patrons before the patron is allowed access into the licensed premises. (10) A marijuana hospitality business licensee shall not permit the use or consumption of marijuana, marijuana concentrate, or marijuana product by a patron who displays any visible signs of intoxication. (11) If an emergency requires law enforcement, firefighters, emergency medical service providers, or other public safety personnel to enter a marijuana hospitality business, a marijuana hospitality business licensee shall ensure that all employees and patrons of the business cease all consumption and other activities until such personnel have completed their investigation or services and have left the licensed premises. (c) Licensing requirements—Mobile premises. In addition to the requirements for all marijuana hospitality businesses identified in subsection (b), marijuana hospitality businesses on mobile premises shall comply with the following provisions: (1) A mobile marijuana hospitality business licensee shall not permit the consumption of marijuana on the mobile premises if the mobile premises is stopped, standing, or parked for more than thirty (30) minutes. (2) A mobile marijuana hospitality business shall file a route log with the department identifying the origin and destination of all routes, and all stops in between the origin and the destination, at least seven (7) business days prior to the scheduled departure. A marijuana hospitality business shall not change or deviate from the route log without notifying the department at least seven (7) business days prior to scheduled departure. Identified origins, destinations, and stops may not include any of the following locations: a. Schools; b. Child care establishments; c. Alcohol or drug treatment facilities; or d. City-owned recreation centers and pools. (3) A mobile marijuana hospitality business shall make the route log available to any city inspector or police officer upon request. (4) A mobile marijuana hospitality business shall ensure that the motor vehicle has no external markings, words, or symbols that constitute advertising as defined in section 6-204(1). (d) Proximity restrictions. No marijuana hospitality business license shall be issued if the proposed location is within one thousand (1,000) feet of one (1) of more of the following locations: (1) Any school, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the school to the nearest external portion of the building in which the marijuana hospitality business is proposed to be located. (2) Any child care establishment, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the child care establishment to the nearest external portion of the building in which the marijuana hospitality business is proposed to be located. (3) Any other marijuana hospitality business licensed pursuant to this article V, with the distance computed by direct measurement in a straight line from the nearest external portion of the building within which one (1) marijuana hospitality business is located to the nearest external portion of the building in which the other marijuana hospitality business is proposed to be located. In the event that the department receives two (2) or more applications for a marijuana hospitality business with proposed locations within one thousand (1,000) feet of each other, the manager shall act upon only the first complete application received and shall not issue a license to all subsequent applications. (4) Any alcohol or drug treatment facility, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which the alcohol or drug treatment facility is located to the nearest external portion of the building in which the marijuana hospitality business is proposed to be located. (5) Any city-owned recreation center, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which the recreation center is located to the nearest external potion of the building in which the marijuana hospitality business is proposed to be located. (6) Any city-owned outdoor pool, with the distance computed by direct measurement in a straight line from the fence or barrier of the outdoor pool to the nearest external potion of the building in which the marijuana hospitality business is located. (7) The proximity restrictions identified in this subsection (d) shall not apply to the mobile premises of a marijuana hospitality business. (e) Location restrictions. No marijuana hospitality business license shall be issued at one (1) or more of the following locations: (1) The licensed premises of another medical or retail marijuana business license. The marijuana hospitality business and other marijuana business shall provide separate ingress and egress to each licensed premises. (2) The licensed premises of any business containing a business licensed pursuant to Articles 3, 4, or 5 of Title 44 of the Colorado Revised Statutes. The marijuana hospitality business and other marijuana business shall provide separate ingress and egress to each licensed premises, and shall comply with all state laws. (3) Any location deemed public property and owned by the city. (4) Any location that is situated in a residential zone district as defined by the Denver Zoning Code or former chapter 59. (5) The location restrictions identified in this subsection (e) shall not apply to the mobile premises of a marijuana hospitality business. (f) Public hearing—required. A public hearing in compliance with section 6-209 may be required prior to the issuance of a marijuana hospitality business license at a fixed location, but shall not be required for an application proposing to operate a marijuana hospitality business solely on a mobile premises. A public hearing shall be required for a marijuana hospitality business license at a fixed location upon the receipt of relevant substantial requests from parties in interest in the neighborhood under consideration. The requirements for public notice, posting, publication, conduct, results of investigation, and decision of the manager shall be the same as those for medical and retail marijuana stores. (Ord. No. 217-21, § 1, 4-19-21; Ord. No. 500-25, § 1, 5-5-25; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-218 Retail marijuana hospitality and sales business licenses.

Sec. 6-218. - Retail marijuana hospitality and sales business licenses. (a) Licensing requirements. Beginning July 1, 2021, a local retail marijuana hospitality and sales business license may be issued to allow for the sale and on-premises consumption of regulated marijuana at a fixed location, subject to the provisions of this article V and the Colorado Marijuana Code. In addition to the provisions applicable to all licenses, all retail marijuana hospitality and sales business licensees shall comply with the following provisions: (1) A retail marijuana hospitality and sales business licensee shall not permit the sale, transfer, distribution, use, or consumption of regulated marijuana between the hours of 2:00 a.m. and 7:00 a.m. daily. (2) A retail marijuana hospitality and sales business licensee shall not engage in or allow any activity that would require an additional license under this article, including, but not limited to, planting, growing, harvesting, drying, trimming, processing or manufacturing marijuana, marijuana concentrate, or marijuana product on the licensed premises. (3) A retail marijuana hospitality and sales business licensee shall not allow any person to consume or display marijuana, marijuana concentrate, or marijuana product outside of a consumption area or any place that is visible from outside of the consumption area. (4) A retail marijuana hospitality and sales business licensee may allow smoking of regulated marijuana in indoor and outdoor portions of the licensed premises. Marijuana smoking indoors and outdoors must occur in compliance with an odor control plan filed pursuant to section 4-10 of this Code and approved by the department of public health and environment. (5) A retail marijuana hospitality and sales business licensee shall ensure that all areas of ingress and egress to the consumption areas are clearly identified and posted with signs and warnings required by state law. (6) A retail marijuana hospitality and sales business licensee shall not allow on-duty employees of the business to consume any marijuana, marijuana concentrate, or marijuana product within the licensed premises of the business. (7) A retail marijuana hospitality and sales business licensee shall not allow the consumption of alcohol or smoking of tobacco or tobacco products on the licensed premises. (8) A retail marijuana hospitality and sales business licensee shall not allow any person under the age of twenty-one (21) into the licensed premises. Government-issued identification must be required from all patrons before the patron is allowed access into the licensed premises. (9) A retail marijuana hospitality and sales business licensee shall not permit the use or consumption of marijuana, marijuana product, or marijuana concentrate by a patron who displays any visible signs of intoxication. (10) A retail marijuana hospitality and sales business licensee shall not transfer, sell, or otherwise distribute more regulated marijuana in a single transaction to a consumer than the lawful amounts related to possession and sale set forth in state law. A single transaction includes multiple transfers, sales, or distributions to the same consumer during the same business day where the medical or retail marijuana store employee knows or reasonably should know that such transfer, sale, or distribution would result in that consumer possessing or being sold more than the amounts set forth in state law. (11) If an emergency requires law enforcement, firefighters, emergency medical service providers, or other public safety personnel to enter a retail marijuana hospitality and sales business, a retail marijuana hospitality and sales business licensee shall ensure that all employees and patrons of the business cease all consumption and other activities until such personnel have completed their investigation or services and have left the licensed premises. (12) Beginning January 1, 2022, retail marijuana hospitality and sales business licensees shall install and use a safe in a limited access area, which shall be incorporated into the building structure or securely attached thereto, for overnight storage of all processed cannabis and cash. For marijuana-infused products that must be kept refrigerated or frozen, the establishment may lock the refrigerated container or freezer, so long as the appliance is affixed to the building structure. Alternatively, a business may utilize security devices such as vaults, strong rooms or other security features that are functionally equivalent to a safe as determined by department rule. (b) Proximity restrictions. No retail marijuana hospitality and sales business license shall be issued if the proposed location is within one thousand (1,000) feet of one (1) of more of the following locations: (1) Any school, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the school to the nearest external portion of the building in which the retail marijuana hospitality and sales business is proposed to be located. (2) Any child care establishment, with the distance computed by direct measurement in a straight line from the nearest legal parcel line of the land used for the child care establishment to the nearest external portion of the building in which the retail marijuana hospitality and sales business is proposed to be located. (3) Any other retail marijuana hospitality and sales business licensed pursuant to this article V, with the distance computed by direct measurement in a straight line from the nearest external portion of the building within which one (1) retail marijuana hospitality and sales business is located to the nearest external portion of the building in which the other retail marijuana hospitality and sales business is proposed to be located. In the event that the department receives two (2) or more applications for a retail marijuana hospitality and sales business with proposed locations within one thousand (1,000) feet of each other, the manager shall act upon only the first complete application received and shall not issue a license to all subsequent applications. (4) Any alcohol or drug treatment facility, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which the alcohol or drug treatment facility is located to the nearest external portion of the building in which the retail marijuana hospitality and sales business is proposed to be located. (5) Any city-owned recreation center, with the distance computed by direct measurement in a straight line from the nearest external portion of the building in which the recreation center is located to the nearest external potion of the building in which the retail marijuana hospitality and sales business is proposed to be located. (6) Any city-owned outdoor pool, with the distance computed by direct measurement in a straight line from the fence or barrier of the outdoor pool to the nearest external potion of the building in which the retail marijuana hospitality and sales business is located. (c) Location restrictions. No retail marijuana hospitality and sales business license shall be issued at one (1) or more of the following locations: (1) Any location containing a medical or retail marijuana store license. (2) The licensed premises of another medical or retail marijuana business license. The marijuana hospitality business and other marijuana business shall provide separate ingress and egress to each licensed premises. (3) The licensed premises of any business containing a business licensed pursuant to Articles 3, 4, or 5 of Title 44 of the Colorado Revised Statutes. The marijuana hospitality business and other marijuana business shall provide a separate ingress and egress to each licensed premises and shall comply with all state laws. (4) Any location deemed public property and owned by the city. (5) Any location that is situated in a residential zone district as defined by the Denver Zoning Code or former chapter 59. (d) Public hearing—Required. A public hearing in compliance with section 6-209 may be required prior to the issuance of a retail marijuana hospitality and sales business license. A public hearing shall be required upon the receipt of relevant substantial requests from parties in interest in the neighborhood under consideration. The requirements for public notice, posting, publication, conduct, results of investigation, and decision of the manager shall be the same as those for medical and retail marijuana stores. (Ord. No. 217-21, § 1, 4-19-21; Ord. No. 500-25, § 1, 5-5-25; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-219 Transfers of ownership.

Sec. 6-219. - Transfers of ownership. (a) In general. All medical marijuana or retail marijuana businesses shall be transferable from one (1) person to another upon approval by the manager. In addition to the requirements of this section 6-219, transfers of marijuana transporter licenses shall be subject to limitations set by state law. The manager shall not accept an application to transfer ownership of a marijuana off-premises storage facility permit or marijuana delivery permit associated with a marijuana business license unless the applicant has applied to transfer ownership of the associated marijuana business license. (b) Licenses held by social equity applicants—transferable. Prior to July 1, 2027, any license held by a social equity applicant(s) shall be transferable either to other social equity applicants or non-social equity applicants so long as fifty-one (51) percent or more of the license is held by one (1) or more social equity applicants. After July 1, 2027, licenses held by a social equity applicant(s) shall be transferable either to other social equity applicants or non-social equity applicants upon approval by the manager. The provisions of this subsection (b) are in addition to those in subsection (a). (c) Delivery permits held by transporter licensees. Delivery permits associated with a transporter license are only transferrable to a person who qualifies as a social equity applicant as defined in this article. Any delivery permit associated with a transporter license that is transferred to a person who is not a social equity applicant shall be deemed null and void, together with all the privileges associated with it. (d) Application requirements. All applications to transfer ownership of a local medical or retail marijuana business license shall be made in the manner provided by the manager. In addition to information required by chapter 32 of this Code, the application shall contain any supplemental materials the manager deems necessary to implement or enforce this article V and the Colorado Marijuana Code. (e) Corresponding state license. The manager shall not approve an application to transfer ownership of a local medical or retail license unless the applicant produces written documentation from the state licensing authority approving the same transfer of ownership of the corresponding state license recorded upon the face of the local license. (f) Common ownership. If one (1) or more licenses share the same licensed premises, an application to transfer ownership of any one (1) of the licenses shall not be approved if the transfer would result in that license no longer having common ownership with the licenses sharing the same licensed premises. (g) Effect of transfers on proximity and location restrictions. The transfer of ownership of a medical or retail marijuana business license shall not affect any exemption that the licensed premises may enjoy from proximity or location restrictions set forth in this article V. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 960-22, § 1, 9-19-22; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-220 Changes of location.

Sec. 6-220. - Changes of location. (a) In general. A licensee shall not change location of its license without prior approval from the manager. In addition to the requirements in this section, a change of location application for a medical or retail marijuana business shall comply with the same requirements for new marijuana business licenses, including by way of example: public hearing requirements, proximity restrictions, and location restrictions. (b) Application requirements. All applications to change location of a medical or retail marijuana business license shall be made in the manner provided by the manager. In addition to information required by chapter 32 of this Code, the application shall contain any supplemental materials the manager deems necessary to implement or enforce this article V and the Colorado Marijuana Code. (c) Corresponding state license. The manager shall not approve an application to change the location of a local medical or retail marijuana license unless the applicant produces written documentation from the state licensing authority approving the same change of location of the corresponding state license recorded upon the face of the local license, or a transition permit for the same. (d) Transition permits. Once a change of location application has been approved by the manager, a licensee may not begin operating at the new location until operations have ceased at the former location. However, a licensee may temporarily operate at both the new location and former location if the licensee holds a valid transition permit from the state licensing authority, and in compliance with all state and local requirements. (e) Change of location of marijuana stores. An application to change location of a medical or retail marijuana store license shall not be approved unless: (1) All other medical or retail marijuana cultivation facility license(s) and medical or retail marijuana store license(s) at the former location likewise apply to change to the same new location; or (2) All other medical or retail marijuana cultivation facility licenses(s) and medical or retail marijuana store license(s) at the former location are surrendered. (f) Change of location of a marijuana cultivation facility. An application to change location of a medical or retail marijuana cultivation facility license shall not be approved unless: (1) All other medical or retail marijuana cultivation facility license(s) and medical or retail marijuana store license(s) at the former location likewise apply to change to the same new location; (2) All other medical or retail marijuana cultivation facility license(s) and medical or retail marijuana store license(s) at the former location are surrendered; or (3) The application proposes that the medical or retail marijuana cultivation facility license will change to a location where another medical or retail marijuana cultivation facility is licensed. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-221 Modification of premises.

Sec. 6-221. - Modification of premises. (a) In general. A licensee shall not make any physical change, alteration, or modification of the licensed premises that materially or substantially alters the licensed premises or the usage of the licensed premises from the plans originally approved by the department without approval from the manager. Any change or modification to the licensed premises that does not require an application must be disclosed to the department in a manner provided by the manager. (b) Application requirements. All applications to modify the licensed premises of a retail or medical marijuana business shall be made in the manner provided by the manager. In addition to information required by chapter 32 of this Code, the application shall contain any supplemental materials the manager deems necessary to implement or enforce this article V and the Colorado Marijuana Code. (c) Effect of modifications on proximity and location restrictions. Approved modifications to the licensed premises of a medical or retail marijuana business license shall not affect any exemption that the licensed premises may enjoy from proximity or location restrictions set forth in this article V. The manager shall deny any application in which the modification of a medical or retail marijuana business would decrease the distance between the nearest external portion of the building in which the medical or retail marijuana business is located and a site or area protected by proximity or location restrictions in this article V. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-222 Term of licenses; renewals.

Sec. 6-222. - Term of licenses; renewals. (a) Term. A local license or permit issued pursuant to this article V shall be valid for a period of one (1) year from the date of issuance. (b) Cease operations—required. Except where the manager has received a complete renewal application along with the requisite fees, it shall be unlawful for any person to manufacture, test, consume, receive orders for, sell, distribute, transfer, transport, or otherwise remove cannabis from the licensed premises of a medical or retail marijuana business, or to allow any other person to perform these acts, after the expiration date on the face of any local license issued pursuant to this article V for that location. (c) Application materials and deadlines. Any renewal of a medical or retail marijuana business license or permit shall be governed by the standards and procedures set forth in chapter 32 of this Code. Applications to renew a medical or retail marijuana business shall be made in the manner provided by the manager. In addition to the information required by chapter 32 of this Code, applications shall contain the following information: (1) A copy of any notice of violation or disciplinary action taken by the department or the state licensing authority against the license or permit being renewed within the previous licensing year; (2) A social impact plan containing the information required by the manager. The social impact plan submitted at renewal shall also identify outcomes resulting from the social impact plan in place during the previous licensing year using the specific metrics identified in the social impact plan for measuring the success of its programs; and (3) Any supplemental materials the manager deems necessary to implement or enforce this article V and the Colorado Marijuana Code. (d) Denial of renewal. An application to renew a medical or retail marijuana business license or permit may be denied if there are causes for denial, suspension, revocation, non-renewal or other licensing sanctions as provided in chapter 32 of this Code, this article V, or rules and regulations promulgated thereto. (e) Renewal hearing. The manager may set a hearing on the renewal of a medical or retail marijuana business application in accordance with the requirements of the Colorado Marijuana Code and chapter 32 of this Code if: (1) There are causes for denial, suspension, revocation, non-renewal or other licensing sanctions as provided in chapter 32 of this Code, this article V, or rules and regulations promulgated thereto; (2) In the case of a medical or retail marijuana cultivation facility operating in a zone district where plant husbandry is not a permitted primary use but is already occurring as a compliant or nonconforming use under the zoning code pursuant to section 6-211 of this Code, there is evidence to indicate that: a. The existence of the cultivation facility has frustrated the implementation of the city's comprehensive plan or any adopted neighborhood plan applicable to the subject property; b. The existence of the cultivation facility has negatively affected nearby properties or the neighborhood or nearby property values, including by way of example any adverse effects caused by excessive noise, odors, or vehicular traffic; c. The existence of the cultivation facility has caused crime rates to increase in the surrounding neighborhood; or d. The applicant or any person from whom the applicant acquired a marijuana business failed to meet one (1) or more of the requirements specified in section 6-211(c)(1). (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 217-21, § 1, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-223 Causes for denial.

Sec. 6-223. - Causes for denial. (a) In addition to the grounds set forth in the Colorado Marijuana Code and chapter 32 of this Code, any application submitted pursuant to this article V shall be denied if: (1) The issuance of a license or permit to the applicant or licensee would not comply with any applicable state or local law, including, but not limited to, the Colorado Marijuana Code, this article V, and any rules and regulations adopted pursuant thereto; (2) The manager determines after review of the entire record, that the applicant or licensee has failed to prove by a preponderance of the evidence that the reasonable requirements of the neighborhood and the desires of the adult inhabitants therein support the issuance of a medical or retail marijuana store license, marijuana hospitality business license, or retail marijuana hospitality and sales business license; (3) The issuance of a license at the subject location would create a neighborhood of undue concentration; (4) A second or additional license to the same applicant would have the effect of restraining competition; (5) The applicant or licensee has previously operated a licensed premises in a manner that adversely affects the public health, welfare, or the safety of the immediate neighborhood in which the business is located; (6) The applicant or licensee has failed to comply with any terms or conditions that were placed on its license or permit pursuant to an order of the manager or state licensing authority; (7) The applicant or licensee fails to provide a valid lease, rental agreement, or other documented arrangement for possession showing that the applicant or licensee is entitled to possession of the premises identified in the application; (8) The applicant or licensee fails to complete any required inspections or obtain any necessary permits for the proposed premises; (9) The applicant or licensee fails to obtain or maintain a corresponding state license or permit that is in full compliance with the Colorado Marijuana Code and any other applicable state law or regulation; (10) The applicant or licensee has a license history that does not warrant the confidence of the manager that the applicant or licensee will operate lawfully based on prior violations or failures to comply with any applicable regulatory or administrative provisions of state or local laws regulating marijuana, or rules and regulations adopted pursuant thereto; or (11) The applicant or licensee's criminal character or criminal record poses a threat to the regulation or control of marijuana, subject to the provisions of C.R.S. § 44-10-307, as amended. In doing so, the manager may incorporate any findings as to residency, moral character, and criminal character or history, including marijuana convictions, previously made by the state licensing authority. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 217-21, § 1, 4-19-21; Ord. No. 960-22, § 1, 9-19-22; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-224 Unlawful acts.

Sec. 6-224. - Unlawful acts. (a) It shall be unlawful for any person to operate any medical or retail marijuana business in the city without a state and local license or permit authorizing the activity and in compliance with all state and local laws. (b) It shall be unlawful for any medical or retail marijuana business to violate any provision of this article V, the Colorado Marijuana Code, or any rule or regulation adopted pursuant thereto. (c) It shall be unlawful for any medical or retail marijuana business to use any advertising material that is misleading, deceptive, or false, or that, as evidenced either by the content of the advertising material or by the medium or the manner in which the advertising is disseminated, is designed to appeal to minors. (d) Except as otherwise provided in this subsection (d), it shall be unlawful for any person to advertise regulated marijuana anywhere in the city where the advertisement is visible to members of the public from any street, sidewalk, park or other public place as defined in 38-175(b)(3), including advertising utilizing any of the following media: any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier distributed in a public place, left upon a motor vehicle, or posted upon any public or private property. The prohibition set forth in this subsection (d) shall not apply to: (1) Any fixed sign located on the same zone lot as a medical or retail marijuana business which exists solely for the purpose of identifying the location of the business and which otherwise complies with the Denver Zoning Code and any other applicable city laws and regulations; or (2) Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city, including paid advertisements in a newsletter distributed by a registered neighborhood organization, business improvement district or other similar community or neighborhood organization; (3) Advertising which is purely incidental to sponsorship of a charitable event by a medical or retail marijuana business, such as the name or logo of the marijuana business in event materials or temporary signs and banners displayed at and during the event; however, in no case shall this exception apply to a billboard; or (4) Apparel, consumer goods, or paraphernalia containing a marijuana business's name, logo, or distinct design features, but no other advertising of the marijuana business. (e) It shall be unlawful for any person to deliver regulated marijuana within the city without first obtaining the required medical or retail marijuana transporter license from the department and a corresponding delivery permit. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 960-22, § 1, 9-19-22)

Denver Revised Municipal Code § 6-225 Disciplinary actions; sanctions; penalties.

Sec. 6-225. - Disciplinary actions; sanctions; penalties. (a) In general. Procedures for investigation of license violations and for suspension, revocation or other licensing sanctions as a result of any such violation shall be as provided in chapter 32 of this Code and any rules and regulations promulgated by the manager. (b) Disciplinary actions. In addition to the grounds provided in chapter 32 of this Code, a medical or retail marijuana business license may be suspended or revoked for any of the grounds for denial set forth in this article V. (c) Civil penalties in lieu of fine. In lieu of the maximum fine for license violations set forth in chapter 32, the manager is hereby authorized to impose civil penalties for license violations in the same amount as the Colorado Marijuana Enforcement Division in imposing fines for state license violations under the Colorado Marijuana Code. (d) State license. The manager may suspend or revoke any license if the corresponding state license for the subject location is expired, surrendered, suspended, or revoked. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 551-23, § 4, 6-5-23; Ord. No. 1003-25, § 3, 7-28-25)

Denver Revised Municipal Code § 6-226 Rules and regulations.

Sec. 6-226. - Rules and regulations. (a) The manager may adopt such reasonable rules and regulations as may be necessary for the administration and enforcement of the provisions of this article and any other ordinances or laws relating to and affecting the licensing and operation of medical and retail marijuana businesses. (b) The board of public health and environment may adopt such reasonable rules and regulations as may be necessary for the protection of public health related to the operation of medical and retail marijuana businesses and cannabis. (c) The manager of the department of public health and environment of the City and County of Denver may issue orders to any licensee to comply with this article V and the rules and regulations of the board. It shall be unlawful for any person to knowingly fail to comply with an order of the manager. (d) It shall be unlawful for any person to violate a rule or regulation adopted by the board or the manager pursuant to this section. (Ord. No. 216-21, § 2, 4-19-21; Ord. No. 1003-25, § 3, 7-28-25)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH6ALCANAME_ARTVDEMACOFetched: 10/27/2026