NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1436
      
      
      BY REPRESENTATIVE(S) Pabon and Ginal, Dore, Lundeen, Becker K.,
      Brown, Conti, Landgraf, Lontine, Navarro, Primavera, Rankin, Thurlow,
      Windholz, Buckner, Carver, Court, Duran, Hamner, Klingenschmitt,
      Kraft-Tharp, Lee, Mitsch Bush, Pettersen, Priola, Rosenthal, Young,
      Hullinghorst;
      also SENATOR(S) Newell and Baumgardner, Heath, Johnston, Todd.
      
      
      Concerning a prohibition on edible marijuana products that are
           shaped in a manner to entice a child.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-43.3-202 (2.5), as
      it will become effective July 1, 2016, add (2.5) (a) (III) as follows:
      
           12-43.3-202.  Powers and duties of state licensing authority -
      rules. (2.5) (a)  Rules promulgated pursuant to paragraph (b) of subsection
      (1) of this section must include, but need not be limited to, the following
      subjects:
      
           (III) (A)  A prohibition on the production and sale of edible
      medical marijuana-infused products that are in the distinct shape
      of a human, animal, or fruit. Geometric shapes and products that
      are simply fruit flavored are not considered fruit. Products in
      the shape of a marijuana leaf are permissible. Nothing in this
      subparagraph (III) applies to a company logo.
      
           (B)  The rules promulgated pursuant to this subparagraph
      (III) shall take effect on October 1, 2017.
      
           SECTION 2.  In Colorado Revised Statutes, 12-43.4-202, amend
      (3) (c) (VII) and (3) (c) (VIII); and add (3) (c) (IX) as follows:
      
           12-43.4-202.  Powers and duties of state licensing authority -
      rules. (3) (c)  Rules promulgated pursuant to paragraph (b) of subsection
      (2) of this section must also include the following subjects, and the state
      licensing authority may seek the assistance of the department of public
      health and environment when necessary before promulgating the rules:
      
           (VII)  Prohibition or regulation of additives to any retail marijuana
      product, including but not limited to those that are toxic, designed to make
      the product more addictive, designed to make the product more appealing
      to children, or misleading to consumers, but not including common baking
      and cooking items; and
      
           (VIII)  Permission for a local fire department to conduct an annual
      fire inspection of a retail marijuana cultivation facility; and
      
           (IX) (A)  A prohibition on the production and sale of edible
      retail marijuana products that are in the distinct shape of a
      human, animal, or fruit. Geometric shapes and products that are
      simply fruit flavored are not considered fruit. Products in the
      shape of a marijuana leaf are permissible. Nothing in this
      subparagraph (IX) applies to a company logo.
      
           (B)  The rules promulgated pursuant to this subparagraph
      (IX) shall take effect on October 1, 2017.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO