NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1363
      
      
      BY REPRESENTATIVE(S) Singer, Esgar, Ginal, Klingenschmitt,
      Rosenthal;
      also SENATOR(S) Newell and Tate, Heath, Kerr, Todd.
      
      
      Concerning rule-making authority for medical marijuana
           advertising directed at underage persons.
       
      
      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) (II) 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:
      
           (II)  Signage, marketing, and advertising, including but not
      limited to a prohibition on mass-market campaigns that have a
      high likelihood of reaching persons under eighteen years of age
      and other such rules that may include:
      
           (A)  Allowing packaging and accessory branding;
      
           (B)  A prohibition on health or physical benefit claims in
      advertising, merchandising, and packaging;
      
           (C)  A prohibition on unsolicited pop-up advertising on the
      internet;
      
           (D)  A prohibition on banner ads on mass-market websites;
      
           (E)  A prohibition on opt-in marketing that does not permit
      an easy and permanent opt-out feature; and
      
           (F)  A prohibition on marketing directed toward
      location-based devices, including but not limited to cellular
      phones, unless the marketing is a mobile device application
      installed on the device by the owner of the device who is eighteen
      years of age or older and includes a permanent and easy opt-out
      feature.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      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