The bill repeals the provisions that require limited passive investors to go through an initial background check. The bill repeals the provisions that limit the number of out-of-state direct beneficial owners to 15 persons. The bill repeals the provision that prohibits publicly traded corporations from holding a marijuana license. The bill creates 2 new ownership licenses, controlling beneficial owners and passive beneficial owners. The bill gives the state licensing authorityrule-making authorityrelated to the parameters of, qualifications of, disclosure of, requirements for, and suitability for the new license types. A controlling beneficial owner is a person that is the beneficial owner of 10% or more of the securities of a marijuana business, is an affiliate, or is otherwise in a position to exercise control of the marijuana business. A passive beneficial owner is a person that is not an affiliate of a marijuana business, has no control over the marijuana business, and owns less than 10% of the securities of a marijuana business. The bill requires a person intending to apply to become a controlling beneficial owner or passive beneficial owner to receive a finding of suitability or an exemption from the state licensing authority prior to submitting a marijuana business application. When applying for suitability, a person must disclose all of its officers, directors, and affiliates; all controlling beneficial owners; if a publicly traded corporation, all of its controlling beneficial owners of 10% or more; and, if not a publicly traded corporation, all of its officers, directors, beneficial owners, affiliates, and passive beneficial owners. The bill also requires a marijuana business or controlling beneficial owner that is a publicly traded corporation to complywith various notification, disclosure, notice, and suitability requirements. The bill limits the types of publicly traded corporations that can be marijuana businesses or controlling beneficial owners. Current statutes list areas in which the state licensing authority may adopt rules but does not limit the rules to those areas. The bill limits the state licensing authority’s power to adopt rules to those areas listed in statutes.
Julie Gonzales (D)*, Matt Gray (D)*, Owen Hill (R)*, Kevin Van Winkle (R)*
Senate Third Reading Passed – No Amendments (on 4/27/2019)
MJ Biz Report
Repeals regulations that cap the number of out-of-state owners to 15 people, provisions that have blocked publicly traded companies and many venture capital funds from participating in the market.
Allows publicly traded companies to hold a Colorado marijuana license.
Creates two new kinds of ownership licenses. One license would be for individuals who own at least a 10% stake in a cannabis licensed firm; the other would be for passive investors who own less than a 10% interest.
The legislation also puts in place several safeguards, including a requirement that publicly traded businesses or controlling investors receive a finding of “suitability” from state regulators.