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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2014-01108


CCR details

Tracking Number 2014-01108
Type of Filing Emergency
Department 200 Department of Revenue
Agency 212 Marijuana Enforcement Division
CCR Number 1 CCR 212-2
CCR Title RETAIL MARIJUANA CODE

Proposed rule

Rule
Additional Information
Statutory Authority 12-43.4-202(2)(b), 12-43.4-202(2)(e), 12-43.4-202(3)(a)(II), 12-43.4-202(3)(a)(XII), 12-43.4-202(3)(b)(VIII), 12-43.4-202(3)(b)(IX), and 12-43.4-202(4)(a) and (b), C.R.S., and sections 12-43.4-103, 12
Purpose/Objective of Rule The purpose of adopting Rules R 207, R 208, R 209, and R 210 on an emergency basis is to update the fee levels in accordance with statutory requirements and the needs of the Marijuana Enforcement Division. Section 12-43.3-501, C.R.S., governs the marijuana cash fund, which includes but is not limited to all funds collected pursuant to both the Medical Code and the Retail Code. The State Licensing Authority is required to adjust such fees to reflect direct and indirect costs of the State Licensing Authority and to avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds. The State Licensing Authority must review the fees at least annually. The purpose of adopting Rules R 211 and R 212 on an emergency basis is to establish a means by which to manage the production of Retail Marijuana. This rule is necessary to ensure there is not significant under or over production, either of which will increase incentives to engage in diversion and engage in illegal sales of marijuana. By their terms, the production limitations set forth in Rule R 211 govern only those Medical Marijuana Businesses that either convert to or add a Retail Marijuana Establishment License pursuant to subsection 12-43.4-104(1)(a)(I), C.R.S. The production limitations set forth in Rule R 212 govern Retail Marijuana Cultivation Facilities licensed pursuant to subsection 12-43.4-104(1)(b)(II), C.R.S. The State Licensing Authority is adopting these rules on an emergency basis to assure continuity in the regulatory scheme. All of these rules were adopted as emergency rules on June 30, 2014. The emergency rules expire October 28, 2014. The rules were also adopted as permanent rules on September 30, 2014. The permanent rules, however, will not become effective until October 30, 2014. Accordingly, unless these rules are adopted as emergency rules, there will be a regulatory gap of one day on October 29, 2014.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Daria Serna
Contact Title Communications Director
Contact Telephone 303-866-5303
Contact email daria.serna@state.co.us

Adopted rule

Adopted Rules AdoptedRules02014-01108.RTF
Emergency Justification EmergencyJustificationPathAttach2014-01108.pdf
Adopted Date 10/28/2014
Emergency AGO requested date 10/28/2014
Attorney General Opinion 11/10/2014
Colorado Register publication date 11/25/2014
Effective Date 10/28/2014
Inserted into CCR 11/14/2014