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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  2016-00151


CCR details

Tracking Number 2016-00151
Type of Filing Emergency
Department 200 Department of Revenue
Agency 212 Marijuana Enforcement Division
CCR Number 1 CCR 212-1
CCR Title RULES REGARDING THE SALES, MANUFACTURING AND DISPENSING OF MEDICAL MARIJUANA

Proposed rule

Rule
Additional Information
Statutory Authority 12-43.3-202(1)(b)(I),12-43.3-202(1)(e),12-43.3-202(2)(a)(XVI),12-43.3-202(2)(a)(XVIII.5),12-43.3-202(2)(a)(XX),12-43.3-302(5)(c),12-43.3-401(1)(c.5), C.R.S., Sections,12-43.3-310,12-43.3-501, C.R.S.
Purpose/Objective of Rule The Budget Department of the Department of Revenue performs a yearly fee analysis. The most recent fee analysis could not be completed until the November, 2015 election results. Specifically, Proposition BB had the potential to affect the analysis. Proposition BB, which passed in the November, 2015 election, asked Colorado voters to allow the state to retain marijuana tax revenues. Because of the timing of the election, Rules M 207, M 208, M 209, M 210, R 207, R 208, R 209, and R 210 could not be updated until mid-November, which required that those rules be adopted on an emergency basis on November 25, 2015. Those emergency rules will expire on March 24, 2016. The State Licensing Authority filed a permanent rulemaking notice for all of these fee rules, as well as other rules, on March 14, 2016, with an expected effective date of July 1, 2016. That process will include the opportunity for substantial stakeholder and public participation. The emergency rules adopted on November 25 will expire prior to the effective date of the permanent rules and are hereby being re-adopted in order to ensure continuous notice of fees to the regulated community without any breaks in regulation. The State Licensing Authority is re-adopting these rules on an emergency basis to assure the public is provided with notice of the fees that the Marijuana Enforcement Division currently collects. Adoption of these emergency rules will clarify the schedule of fees for applicants and licensees.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB15-1379 and SB15-260
Contact Name Shannon Pfeiffer
Contact Title Sr. Policy Analyst
Contact Telephone 303-866-3458
Contact email shannon.pfeiffer@state.co.us

Adopted rule

Adopted Rules AdoptedRules02016-00151.DOC
Redline Redline2016-00151.doc
Emergency Justification EmergencyJustificationPathAttach2016-00151.pdf
Adopted Date 03/24/2016
Emergency AGO requested date 03/25/2016
Attorney General Opinion 04/12/2016
Colorado Register publication date 04/25/2016
Effective Date 03/24/2016
Inserted into CCR 04/15/2016