Colorado
Department of Revenue

Marijuana Enforcement Division
1 CCR 212-1
Permanent Rules Related to the
Colorado Medical Marijuana Code
Adopted September 9, 2013

Table of Contents
M 100 Series – General Applicability
M 101 – Engaging in Business
M 102 – Severability
M 103 – Definitions
M 104 – Declaratory Orders Concerning the Medical Code
M 105 – Computation of Time
M 200 Series – Licensing
M 201 – Complete Applications Required: Medical Marijuana Businesses
M 202 – Process for Issuing a New License: Medical Marijuana Businesses
M 203 – Process for Renewing a License: Medical Marijuana Businesses
M 204 – Factors Considered When Evaluating Ownership of a License: Medical Marijuana Businesses
M 205 – Transfer of Ownership and Changes in Licensed Entities: Medical Marijuana Businesses
M 206 – Changing Location of the Licensed Premises: Medical Marijuana Businesses
M 207 – Schedule of Application Fees: Medical Marijuana Businesses
M 208 – Schedule of Business License Fees: Medical Marijuana Businesses
M 209 – Schedule of Business License Renewal Fees: Medical Marijuana Businesses
M 210 – Schedule of Administrative Service Fees: All Licensees
M 211 –Conversion - Medical Marijuana Business to Retail Marijuana Establishment
M 230 – Complete Applications Required: Individuals
M 231 – Qualifications for Licensure: Individuals
M 232 – Factors Considered When Determining Residency: Individuals
M 233 – Medical Code Occupational Licenses Required
M 234 – Schedule of Application Fees: Individuals
M 235 – Schedule of License Fees: Individuals
M 236 – Schedule of Renewal Fees: Individuals
M 250 – Licensee Required to Keep Mailing Address Current with the Division: All Licensees
M 251 – Application Denial and Voluntary Withdrawal: All Licensees
M 252 – Length of License:  All Licensees
M 300 Series – The Licensed Premises
M 301 – Limited Access Areas
M 302 – Possession of Licensed Premises
M 303 – Changing, Altering, or Modifying Licensed Premises
M 304 – Medical Marijuana Business and Retail Marijuana Establishment – Shared Licensed Premises and Operational Separation
M 305 – Security Alarm Systems and Lock Standards
M 306 - Video Surveillance
M 307 – Waste Disposal
M 309 – Medical Marijuana Business:  Marijuana Inventory Tracking Solution (MITS)
M 400 Series – Medical Marijuana Centers
M 401 – Medical Marijuana Center: License Privileges
M 402 – Registration of a Primary Medical Marijuana Center
M 403 – Medical Marijuana Sales: General Limitations or Prohibited Acts
M 404 – Point of Sale: Restricted Access Area
M 405 – Acceptable Forms of Identification for Medical Marijuana Sales
M 406 – Medical Marijuana Center: Marijuana Inventory Tracking Solution (MITS)
M 407 - Health and Safety Regulations: Medical Marijuana Center
500 Series – Medical Marijuana Optional Premises Cultivation Operations
M 501 – Medical Marijuana Optional Premises Cultivation Operation: License Privileges
M 502 – Medical Marijuana Optional Premises Cultivation Operation: General Limitations or Prohibited Acts
M 503 – Medical Marijuana Optional Premises Cultivation Operation: Marijuana Inventory Tracking Solution (MITS)
M 504 – Optional Premises Cultivation Operation: Health and Safety Regulations
M 505 – Optional Premises Cultivation Operation: Testing
M 600 Series – Medical Marijuana-Infused Products Manufacturers
M 601 – Medical Marijuana-Infused Products Manufacturer: License Privileges
M 602 – Medical Marijuana-Infused Products Manufacturer: General Limitations or Prohibited Acts
M 603 – Medical Marijuana-Infused Products Manufacturer: Marijuana Inventory Tracking Solution (MITS)
M 604 – Medical Marijuana-Infused Products Manufacturer: Health and Safety Regulations
M 700 Series – Retail Marijuana Testing Facilities with Medical Marijuana Vendor Registration and Key Occupational Licensure to Test and Research Medical Marijuana
M 701 – Vendor Registration and Occupational License for Medical Marijuana Testing and Research
M 800 Series – Transport and Storage
M 801 – Transport of Medical Marijuana and Medical Marijuana-Infused Product
M 802 – Off-Premises Storage of Medical Marijuana and Medical Marijuana-Infused Product
M 900 Series – Business Records
M 901 – Business Records Required
M 902 – Reporting and Transmittal of Taxes
M 903 – Independent Audit May Be Required
M 904 – Manager Change Must Be Reported
M 1000 Series – Labeling, Packaging, and Product Safety
M 1001 – Packaging Requirements: General Requirements
M 1002 – Labeling Requirements: General Requirements
M 1003 – Labeling Requirements: Specific Requirements, Medical Marijuana and Medical Marijuana-Infused Product
M 1004 – Labeling Requirements: Specific Requirements, Medical Marijuana-Infused Product
M 1100 Series – Signage, Marketing, and Advertising
M 1101 – General Requirement: False and Misleading Statements
M 1200 Series – Enforcement
M 1201 – Duties of Employees of the State Licensing Authority
M 1202 – Requirement for Inspections and Investigations, Searches, Administrative Holds, and Such Additional Activities as May Become Necessary from Time to Time
M 1203 – Disposition of Unauthorized Medical Marijuana
M 1300 Series – Discipline
M 1301 – Disciplinary Process: Non-Summary Suspensions
M 1302 – Disciplinary Process: Summary Suspensions
M 1303 – Suspension Process: Regular and Summary Suspensions
M 1304 – Administrative Hearings
M 1305 – Administrative Subpoenas
M 1306 – Administrative Hearing Appeals/Exceptions to Initial Decision
M 1307 – Penalties
M 1401 – Instructions for Local Licensing Authorities and Law Enforcement Officers

M 100 Series – General Applicability 

Basis and Purpose – M 101
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-901(2), and 18-18-406(7.5), C.R.S.  Any Person who buys, sells, transfers, gives away, or acquires Medical Marijuana outside the requirements the Medical Code is engaging in illegal activity pursuant to Colorado law.  This rule clarifies that those engaged in the business of possessing, cultivating, dispensing, or selling Medical Marijuana must be properly licensed to be in compliance with Colorado law.
M 101 – Engaging in Business
No person shall engage in the business of cultivating, possessing, selling, or offering to sell Medical Marijuana or Medical Marijuana-Infused Product unless said Person is duly licensed by the State Licensing Authority and the relevant local licensing authority(-ies).

Basis and Purpose – M 102
The statutory authority for this rule is found at subsection 12-43.3-202(1)(b)(I), C.R.S.  The purpose of this rule is to clarify that each rule is independent of the others, so if one is found to be invalid, the remainder will stay in effect.  This will give the regulated community confidence in the rules even if one is challenged.
M 102 – Severability
If any portion of the rules is found to be invalid, the remaining portion of the rules shall remain in force and effect.

Basis and Purpose – M 103
The statutory authority for this rule is found at subsection 12-43.3-202(1)(b)(I), C.R.S.  The purpose of this rule is to provide necessary definitions of terms used throughout the rules.  Defined terms are capitalized where they appear in the rules, to let the reader know to refer back to these definitions. . When a term is used in a conventional sense, and not intended to be a defined term, it is not capitalized.
With regard to the definition of Child-Resistant, the State Licensing Authority relied extensively upon written commentary provided by a public health agency within a Colorado hospital, which had conducted a health impact assessment of packaging regulations, looking at accidental ingestion of medical marijuana.  The assessment was supported by others in the public, including industry representatives and a physician specializing in medical toxicology.
With regard to the definition of Restricted Access Area, the State Licensing Authority relied extensively upon written commentary provided by a consumer advocate.

M 103 – Definitions 
Definitions.  The following definitions of terms, in addition to those set forth in section 12-43.3-104, C.R.S., shall apply to all rules promulgated pursuant to the Medical Code, unless the context requires otherwise:
“Advertising” means the act of providing consideration for the publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any Person to patronize a particular a Medical Marijuana Business, or to purchase particular Medical Marijuana or a Medical Marijuana-Infused Product.  “Advertising” includes marketing, but does not include packaging and labeling. “Advertising” proposes a commercial transaction or otherwise constitutes commercial speech.
“Alarm Installation Company” means a Person engaged in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing a Security Alarm System in a Licensed Premises.
“Applicant” means a Person that has submitted an application pursuant to these rules that was accepted by the Division for review but has not been approved or denied by the State Licensing Authority.
“Associated Key License” means an Occupational License for an individual who is an Owner of the Medical Marijuana Business.
“Batch Number” means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned by a Medical Marijuana Optional Premises Cultivation Operation or Medical Marijuana-Infused Products Manufacturer to a specific Harvest Batch or Production Batch of Retail Marijuana. 
“Child-Resistant” means special packaging that is:
a.	Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995) and ASTM classification standard D3475-12, http://www.astm.org/Standards/D3475.htm. Note that this rule does not include any later amendments or editions to the Code of Federal Regulations or the ASTM classification standards.  The Division has maintained a copy of the applicable federal regulation and ASTM classification standard, which are available to the public.
b.	Opaque so that the product cannot be seen from outside the packaging;
c.	Closable for any product intended for more than a single use or containing multiple servings, and
d.	Labeled properly as required by the M 1000 series.
"Container" means the sealed package in which Medical Marijuana or a Medical Marijuana-Infused Product is placed for sale to a patient and that has been labeled according to the requirements set forth in Rules M 1002 et. seq.
"Denied Applicant" means any Person whose application for licensure pursuant to the Medical Code has been denied.
“Department” means the Colorado Department of Revenue.
"Director" means the Director of the Marijuana Enforcement Division.
"Division" means the Marijuana Enforcement Division. 
"Edible Medical Marijuana-Infused Product" means any Medical Marijuana-Infused Product that is intended to be consumed orally, including but not limited to, any type of food, drink, or pill.
“Executive Director” means the Executive Director of the Department of Revenue.
"Exit Package" means a sealed Container or package provided at the retail point of sale, in which any Medical Marijuana or Medical Marijuana-Infused Product already within a Container are placed.
“Final Agency Order” means an Order of the State Licensing Authority issued in accordance with the Medical Code and the State Administrative Procedure Act. The State Licensing Authority will issue a Final Agency Order following review of the Initial Decision and any exceptions filed thereto or at the conclusion of the declaratory order process. A Final Agency Order is subject to judicial review.
“Flower” means the gametophytic or reproductive state of Cannabis in which the plant is in a light cycle intended to produce flowers, trichromes, and cannabinoids characteristic of marijuana.
“Good Cause” for purposes of denial of an initial, renewal or reinstatement license application or certification, or for purposes of discipline of a license or certification, means:
a.	The Licensee or Applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Medical Code, any rules promulgated pursuant it, or any supplemental relevant state or local law, rule, or regulation; 
b.	The Licensee or Applicant has failed to comply with any special terms or conditions that were placed upon the license pursuant to an order of the State Licensing Authority or the relevant local licensing authority; or
c.	The Licensee’s or the Applicant’s Licensed Premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.
“Good Moral Character” means an individual with a personal history demonstrating honesty, fairness, and respect for the rights of others and for the law.
“Harvest Batch” means a specifically identified quantity of processed Medical Marijuana that is uniform in strain, cultivated using the same herbicides, pesticides, and fungicides, and harvested at the same time.
“Identity Statement” means the name of the business as it is commonly known and used in any Advertising materials.
"Immature plant” means a nonflowering Medical Marijuana plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling and that is in a growing/cultivating container that is no larger than two inches wide and two inches tall that is sealed on the sides and bottom. 
“Initial Decision” means a decision of a hearing officer in the Department following a licensing, disciplinary, or other administrative hearing.
“Key License” means an Occupational License for an individual who performs duties that are key to the Medical Marijuana Business’ operation and have the highest level of responsibility.  Examples of individuals who need this type of license include, but are not limited to, managers and bookkeepers but do not include an Owner.
"Licensed Premises” means the premises specified in an application for a license pursuant to the Medical Code that are owned or in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, or test Medical Marijuana in accordance with the provisions of the Medical Code and these rules.
"Licensee" means any Person licensed or registered pursuant to the Medical Code, including an Occupational Licensee.
"Limited Access Area" means a building, room, or other contiguous area upon the Licensed Premises where Medical Marijuana is grown, cultivated, stored, weighed,  packaged, sold, or processed for sale, under control of the Licensee.
“Limit of Detection” or “LOD” means the lowest quantity of a substance that can be distinguished from the absence of that substance (a blank value) within a stated confidence limit (generally 1%).
“Limit of Quantitation” or “LOQ” means the lowest concentration at which the analyte can not only be reliably detected but at which some predefined goals for bias and imprecision are met.
“MITS” means Marijuana Inventory Tracking Solution.
“MITS Trained Administrator” means an Owner or an Occupational Licensed Licensee of a Medical Marijuana Business who has attended and successfully completed MITS training and who has completed any additional training required by the Division.
“MITS User” means an Owner or an occupationally licensed Medical Marijuana Business employee who is granted MITS User account access for the purposes of conducting inventory tracking functions in the MITS system, who has been successfully trained by MITS Trained Administrator(s) in the proper and lawful use MITS, and who has completed any additional training required by the Division.
“Medical Code” means the Colorado Medical Marijuana Code found at sections 12-43.3-101 et. seq., C.R.S.
“Medical Marijuana” means marijuana that is grown and sold pursuant to the Medical Code and includes seeds and Immature Plants. 
"Medical Marijuana Business" means a licensed Medical Marijuana Center, a Medical Marijuana-Infused Products Manufacturer, or an Optional Premises Cultivation Operation.
"Medical Marijuana Center" means a Person that is licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-402, C.R.S., and that sells Medical Marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.
“Medical Marijuana-Infused Product” means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures.  Such products shall not be considered a food or drug for purposes of the “Colorado Food and Drug Act,” part 4 of Article 5 of Title 25, C.R.S.
"Medical Marijuana-Infused Products Manufacturer" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-404, C.R.S.
"Monitoring” means the continuous and uninterrupted attention to potential alarm signals that could be transmitted from a Security Alarm System located at a Medical Marijuana Business Licensed Premises, for the purpose of summoning a law enforcement officer to the premises during alarm conditions.
"Monitoring Company” means a Person in the business of providing Monitoring services for a Medical Marijuana Business.
"Notice of Denial" means a written statement from the State Licensing Authority, articulating the reasons or basis for denial of a license application.
“Occupational License” means a license granted to an individual by the State Licensing Authority pursuant to section 12-43.3-401, C.R.S.  An Occupational License may be an Associated Key License, a Key License or a Support License.
"Optional Premises Cultivation Operation" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-403, C.R.S.
"Order to Show Cause" means a document from the State Licensing Authority alleging the grounds for imposing discipline against a Licensee’s license.
“Owner” means the Person or Persons whose beneficial interest in the license is such that they bear risk of loss other than as an insurer, and have an opportunity to gain profit from the operation or sale of the establishment.  Each individual Owner must have an Associated Key License.  Owner includes any other Person that qualifies as an Owner pursuant to Rule M 204.
“Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof; except that “Person” does not include any governmental organization.
“Proficiency Testing Samples” means performing the same analyses on the same Samples and comparing results to ensure the Samples are homogenous and stable, and also that the set of Samples analyzed are appropriate to test and display similarities and differences in results.
“Production Batch” means a group of Medical Marijuana-Infused Product created from a production run of marijuana product.
“Propagation” means the reproduction of Medical Marijuana plants by seeds, cuttings or grafting.
“RFID” means Radio Frequency Identification.
“Respondent’ means a person who has filed a petition for declaratory order that the State Licensing Authority has determined needs a hearing or legal argument or a Licensee who is subject to an Order to Show Cause.
“Restricted Access Area” means a designated and secure area within a Licensed Premises in a Medical Marijuana Center where Medical Marijuana and Medical Marijuana-Infused Product are sold, possessed for sale, and displayed for sale, and where no one without a valid patient registry card is permitted.
 “Retail Code” means the Colorado Retail Marijuana Code, found at sections 12-43.4-101 et. seq., C.R.S.
"Retail Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate that is cultivated, manufactured, distributed, or sold by a licensed Retail Marijuana Establishment.  "Retail Marijuana" does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
"Retail Marijuana Cultivation Facility" means an entity licensed to cultivate, prepare, and package Retail Marijuana and sell Retail Marijuana Retail Marijuana Establishments, but not to consumers.
"Retail Marijuana Establishment" means a Retail Marijuana Store, a Retail Marijuana Cultivation Facility, a Retail Marijuana Products Manufacturing Facility, or a Retail Marijuana Testing Facility.
"Retail Marijuana Product" means concentrated Retail Marijuana Product and Retail Marijuana Product that are comprised of Retail Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
“Retail Marijuana Products Manufacturing Facility” means an entity licensed to purchase Retail Marijuana; manufacture, prepare, and package Retail Marijuana Product; and sell Retail Marijuana and Retail Marijuana Product to other Retail Marijuana Products Manufacturing Facilities and to Retail Marijuana Stores, but not to consumers.
“Retail Marijuana Store” means an entity licensed to purchase Retail Marijuana from a Retail Marijuana Cultivation Facility and to purchase Retail Marijuana Product from a Retail Marijuana Products Manufacturing Facility and to sell Retail Marijuana and Retail Marijuana Product to consumers.
“Retail Marijuana Testing Facility” means an entity licensed and certified to analyze and certify the safety and potency of Retail Marijuana.
“Sample” means any Medical Marijuana or Medical Marijuana-Infused Product provided for testing or research purposes to a Retail Marijuana Testing Facility with a vendor registration and Occupational License in accordance with Rule M 701 – Vendor Registration and Occupational License for Medical Marijuana Testing and Research.
"Security Alarm System” means a device or series of devices, intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual, or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress).
“Shipping Container” means any container or wrapping used solely for the transport of Medical Marijuana or Medical Marijuana-Infused Product in bulk, or in a quantity for other Medical Marijuana Businesses.
"State Licensing Authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana and Retail Marijuana in Colorado, pursuant to section 12-43.3-201, C.R.S.
“Support License” means a license for an individual who performs duties that support the Medical Marijuana Business’ operations.  While a Support Licensee must conduct himself or herself professionally, he or she has limited decision making authority and always fall under the supervision of an Associated Key Licensee.  Examples of individuals who need this type of license include, but are not limited to, sales clerks or cooks.
"THC" means tetrahydrocannabinol.
“Unrecognizable” means marijuana or Cannabis plant material rendered indistinguishable from any other plant material.
“Vegetation” means the sporophytic state of the Cannabis plant that is a form of asexual reproduction in plants during which plants do not produce resin or flowers and are bulking up to a desired production size for Flowering.

Basis and Purpose – M 104 
The statutory authority for this rule exists in subsections 12-43.3-202(1)(b)(I) and 24-4-105(11), and section 12-43.3-201, C.R.S.  The purpose of this rule is to establish a system by which a licensee may petition the Division to get a formal position by the State Licensing Authority on issues that will likely be applicable to other licensees.  By utilizing this system, Licensees can ensure that their due process rights are protected because the Administrative Procedure Act will apply.  This system works for other divisions within the Department of Revenue and helps the regulated community get clarity on yet-unknown issues.
M 104 – Declaratory Orders Concerning the Medical Code
A.	Who May Petition for Statement of Position. Any person as defined in section 24-4-102(12), C.R.S., may petition the Division for a statement of position concerning the applicability to the petitioner of any provision of the Medical Code, or any regulation of the State Licensing Authority. The Division shall respond with a written statement of position within 30 days of receiving a proper petition.
B.	Petition for Declaratory Order. Any person who has properly petitioned the Division for a statement of position, and who is dissatisfied with the statement of position or who has not received a response within 30 days, may petition the State Licensing Authority for a declaratory order pursuant to section 24-4-105(11), C.R.S. A petition shall set forth the following:
1.	The name and address of the petitioner.
2.	Whether the petitioner is licensed pursuant to the Medical Code, and if so, the type of license and address of the Licensed Premises.
3.	Whether the petitioner is involved in any pending administrative hearing with the State Licensing Authority or relevant local licensing authority.
4.	The statute, rule, or order to which the petition relates.
5.	A concise statement of all of the facts necessary to show the nature of the controversy or the uncertainty as to the applicability to the petitioner of the statue, rule or order to which the petition relates.
6.	A concise statement of the legal authorities, if any, and such other reasons upon which petitioner relies.
7.	A concise statement of the declaratory order sought by the petitioner.
C.	State Licensing Authority Retains Discretion Whether to Entertain Petition. The State Licensing Authority will determine, in its discretion and without prior notice to the petitioner, whether to entertain any petition. If the State Licensing Authority decides it will not entertain a petition, it shall promptly notify the petitioner in writing of its decision and the reasons for that decision. Any of the following grounds may be sufficient reason to refuse to entertain a petition:
1.	The petitioner failed to properly petition the Division for a statement of position, or if a statement of position was issued, the petition for declaratory order was filed with the State Licensing Authority more than 30 days after statement of position was issued.
2.	A ruling on the petition will not terminate the controversy nor remove uncertainties concerning the applicability to petitioner of the statute, rule or order in question.
3.	The petition involves a subject, question or issue which is currently involved in a pending hearing before the state or any local licensing authority, or which is involved in an on-going investigation conducted by the Division, or which is involved in a written complaint previously filed with the State Licensing Authority.
4.	The petition seeks a ruling on a moot or hypothetical question.
5.	Petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Colo. R. Civ. Pro. 57, which will terminate the controversy or remove any uncertainty concerning applicability of the statute, rule or order.
D.	If State Licensing Authority Entertains Petition. If the State Licensing Authority determines that it will entertain the petition for declaratory order, it shall notify the petitioner within 30 days, and the following procedures shall apply:
1.	The State Licensing Authority may expedite the hearing, where the interests of the petitioner will not be substantially prejudiced thereby, by ruling on the basis of the facts and legal authority presented in the petition, or by requesting the petitioner or the Division to submit additional evidence and legal argument in writing.
2.	In the event the State Licensing Authority determines that an evidentiary hearing or legal argument is necessary to a ruling on the petition, a hearing shall be conducted in accordance with Rules M 1304 – Administrative Hearings, M 1305 – Administrative Subpoenas, and M 1306 – Administrative Hearing Appeals.  The petitioner will be identified as Respondent.
3.	The parties to any proceeding pursuant to this rule shall be the petitioner/Respondent and the Division. Any other interested person may seek leave of the State Licensing Authority to intervene in the proceeding and such leave may be granted if the State Licensing Authority determines that such intervention will make unnecessary a separate petition for declaratory order by the interested Person.
4.	The declaratory order shall constitute a Final Agency Order subject to judicial review pursuant to section 24-4-106, C.R.S.
E.	Mailing Requirements. A copy of any petition for a statement of position to the Division and of any petition for a declaratory order to the State Licensing Authority shall be mailed, on the same day that the petition is filed with the Division or State Licensing Authority, to the relevant local licensing authority. Any petition filed with the Division or State Licensing Authority shall contain a certification that the mailing requirements of this paragraph have been met.
F.	Public Inspection. Files of all petitions, requests, statements of position, and declaratory orders will be maintained by the Division. Except with respect to any material required by law to be kept confidential, such files shall be available for public inspection.
G.	Posted on Website. The Division shall post a copy of all statements of positions or declaratory orders constituting Final Agency Orders on the Division’s website.

Basis and Purpose – M 105
The statutory authority for this rule is found at subsection 12-43.4-202(2)(b), C.R.S.  The purpose of this rule is to clarify that any reference to days means calendar days.
M 105 – Computation of Time
The word “days” as used in these rules means calendar days.

M 200 Series – Licensing 

Basis and Purpose – M 201
The statutory authority for this rule is found at subsections 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)(XX), and 12-43.3-310(7), and sections 12-43.3-305 and 12-43.3-306, C.R.S.  The purpose of this rule is to establish that only materially complete applications for licenses, accompanied by all required fees, will be accepted and processed by the Division. The State Licensing Authority understands there may be instances where an application is materially complete, but further information is required before it can be fully processed.  In such instances, the applicant must provide the additional requested information within the time frame given by the Division in order for the application to be acted on in a timely manner. 
M 201 – Complete Applications Required: Medical Marijuana Businesses 
A.	General Requirements 
1.	All applications for licenses authorized pursuant to subsections 12-43.3-401(1)(a)-(d), C.R.S., shall be made upon current forms prescribed by the Division. Applications submitted to the Division may include, but not be limited to, new business premises, transfers of ownership, change of locations, premises modifications, and changes in trade name.  
2.	A license issued by the Division to a Medical Marijuana Business constitutes a revocable privilege. The burden of proving an Applicant’s qualifications for licensure rests at all times with the Applicant.
3.	If required by the forms supplied by the Division, each application shall identify the relevant local jurisdiction.
4.	Applicants must submit a complete application to the Division before it will be accepted or considered.
a.	All applications must be complete in every material detail.
b.	All applications must include all attachments or supplemental information required by the current forms supplied by the Division.
c.	All applications must be accompanied by a full remittance for the whole amount of the application and license fees.
d.	The Applicant or its authorized agent must provide a surety bond, if applicable, and prove that all tax returns related to the Medical Marijuana Business have been timely filed;
5.	The Division may refuse to accept an incomplete application.
B.	Additional Information May Be Required
1.	Each Applicant shall provide any additional information required that the Division may request to process and fully investigate the application. The additional information must be provided to the Division no later than seven days of the request unless otherwise specified by the Division. 
2.	An Applicant’s failure to provide the requested evidence or information by the Division deadline may be grounds for denial of the application.
C.	Information Must Be Provided Truthfully. All Applicants shall submit information to the Division in a full, faithful, truthful, and fair manner.  The Division may recommend denial of an application where the Applicant made intentional or purposeful misstatements, omissions, misrepresentations, or untruths in the application or in connection with the Applicant’s background investigation. This type of conduct may be considered as the basis for additional administrative action against the Applicant and it may also be the basis for criminal charges against the Applicant.
D.	Application Forms Accessible. All application forms supplied by the Division and filed by an Applicant for a license, including attachments and any other documents associated with the investigation, shall be accessible by the State Licensing Authority, local licensing authorities, and any state or local law enforcement agency for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose.
E.	Other Considerations Regarding Medical Marijuana Business Applications.  The Applicant, if not an individual, must be comprised of individuals:
1.	Whose criminal history background checks establish they are all of Good Moral Character; and
2.	Who have met all other licensing requirements. 

Basis and Purpose – M 202
The statutory authority for this rule is found at subsections 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)(XX), and 12-43.3-310(7), and sections 12-43.3-308, 24-4-104, and 24-76.5-101 et. seq., C.R.S.  The purpose of this rule is to establish basic requirements for all Division applications for new Medical Marijuana Business licenses.  It helps the regulated community understand the procedural licensing requirements.
M 202 – Process for Issuing a New License: Medical Marijuana Businesses
A.	General Requirements 
1.	All applications for state licenses authorized pursuant to subsections 12-43.3-401(1)(a)-(d), C.R.S., shall be made upon current forms prescribed by the Division. Each application for a new license shall identify the relevant local licensing authority.
2.	All applications for new Medical Marijuana Businesses must include application and licensing fees for each premises.  See Rules M 207 - Schedule of Application Fees: Medical Marijuana Businesses and M 208 - Schedule of Business License Fees: Medical Marijuana Businesses.
3.	Each Applicant for a new license shall provide, at the time of application, the following information: 
a.	Suitable evidence of proof of lawful presence, residence, if applicable, and Good Moral Character and reputation as required by the current forms prescribed by the Division;
b.	All requested information concerning financial and management associations and interests of other Persons in the business;
i.	If the Applicant for any license pursuant to the Medical Code is a corporation or limited liability company, it shall submit with the application the names, mailing addresses, and Owner’s background forms of all of its principal officers, directors, and Owners; a copy of its articles of incorporation or articles of organization; and evidence of authorization to do business within this State. In addition, each Applicant shall submit the names, mailing addresses, and Owner’s background applications of all Persons owning any of the outstanding or issued capital stock, or of any Persons holding a membership interest.
ii.	If the Applicant for any license pursuant to this section is a general partnership, limited partnership, limited liability partnership, or limited liability limited partnership, it shall submit with the application the names, mailing addresses, and Owner’s background forms of all of its partners and a copy of its partnership agreement.
c.	Department of Revenue tax payment information;
d.	Proof of good and sufficient surety bond, if applicable;
e.	Accurate floor plans for the premises to be licensed; and
f.	The deed, lease, contract, or other document governing the terms and conditions of occupancy of the premises licensed or proposed to be licensed. 
Nothing in this section is intended to limit the Division’s ability to request additional information it deems necessary or relevant to determining an Applicant’s suitability for licensure.
4.	Failure to provide such additional information by the requested deadline may result in denial of the application.
5.	All applications to reinstate a license will be deemed applications for new licenses.  This includes, but is not limited to, licenses that have been expired for more than 90 days, licenses that have been voluntarily surrendered, and licenses that have been revoked.
B.	Other Factors
1.	If the Division grants a state license before the relevant local licensing authority approves the application or grants a local license, the state license will be conditioned upon local approval.  Such a condition will not be viewed as a denial pursuant to the Administrative Procedure Act.  If the local licensing authority fails to approve or denies the application, the state license will be revoked.
2.	An Applicant is prohibited from operating a Medical Marijuana Business prior to obtaining all necessary licenses or approvals from both the State Licensing Authority and the relevant local licensing authority. 

Basis and Purpose – M 203
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12.43.3-307(2)(c), and section 12-43.3-311, C.R.S.  The purpose of this rule is to establish how licenses can be renewed.
M 203 – Process for Renewing a License: Medical Marijuana Businesses
A.	General Process for License Renewal
1.	The Division will send a notice for license renewal 90 days prior to the expiration of an existing license by first class mail to the Licensee’s mailing address of record.  
2.	A Licensee may apply for the renewal of an existing license no less than 30 days prior to the license’s expiration date. If the Licensee files a renewal application within 30 days prior to expiration, the Licensee must provide a written explanation detailing the circumstances surrounding the late filing. If the Division accepts the application, then it may elect to administratively continue the license beyond the expiration date while it completes the renewal licensing process.  
3.	An application for renewal will only be accepted if it is accompanied by the requisite licensing fees.  See Rule M 209 - Schedule of Business License Renewal Fees: Medical Marijuana Businesses.
4.	Each Owner must be fingerprinted each year at renewal. 
B.	Failure to Receive a Notice for License Renewal.  Failure to receive a notice for license renewal does not relieve a Licensee of the obligation to renew all licenses as required.
C.	If License Not Renewed Before Expiration.  A license is immediately invalid upon expiration if the Licensee has not filed a late renewal application and remitted all of the required fees. 
1.	In the event the license is not renewed prior to expiration, a Medical Marijuana Business may not operate.  
2.	If a former Licensee files a late application and the requisite fees with the Division within 90 days of expiration of the license, the Division may administratively continue the license from the date the late application was received until it can complete its renewal application process and investigate the extent to which the Licensee operated with an expired license.  
3.	If a former Licensee files a renewal application after 90 days from date of expiration, the application will be treated as a new license application.

Basis and Purpose – M 204 
The statutory authority for this rule is found at subsections 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)(XX), and 12-43.3-310(7) and section 12-43.3-310, C.R.S.  The purpose of this rule is to clarify what elements the State Licensing Authority considers when determining who has a beneficial interest in a license to such an extent that one is considered an Owner.
M 204 – Factors Considered When Evaluating Ownership of a License: Medical Marijuana Businesses
A.	Licenses Held By Owners. Each Medical Marijuana Business License must be held by the Owner or Owners of the licensed establishment.  The Division may consider the following non-exhaustive list of elements when determining who is an Owner: 
1.	Who bears risk of loss and opportunity for profit;
2.	Who is entitled to possession of the Licensed Premises or premises to be licensed;
3.	Who has final decision making authority over the operation of the licensed Medical Marijuana Business;
4.	Who guarantees the Medical Marijuana Business’ debts or production levels;
5.	Who is a beneficiary of the Medical Marijuana Business’ insurance policies; 
6.	Who acknowledges liability for the Medical Marijuana Business’ federal, state, or local taxes; or
7.	Who is an officer or director of a Medical Marijuana Business.
B.	Management Companies.  Any Person contracted to manage the overall operation of a Licensed Premises may be considered an Owner.
C.	Role of Managers. Owners may hire managers, and managers may be compensated on the basis of profits made, gross or net. A Medical Marijuana Business license may not be held in the name of the manager.
D.	Entities. A partnership interest, limited or general, a joint venture interest, a licensing agreement, ownership of a share or shares in a corporation, or a limited liability company which is licensed, or having a secured interest in furniture, fixtures used directly in the manufacture or cultivation of Medical Marijuana or Medical Marijuana-Infused Product, equipment or inventory constitutes ownership and a direct financial interest. Secured notes or loans shall constitute an indirect financial interest.  It shall be unlawful to fail to completely report all financial interests in each license issued.

Basis and Purpose – M 205 
The statutory authority for this rule is found at subsection 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)(XX), and 12-43.3-310(7), and sections 12-43.3-305, 12-43.3-306, 12-43.3-309, and 24-76.5-101 et. seq., C.R.S.  The purpose of this rule is to establish protocol for ownership transfers. 
M 205 – Transfer of Ownership and Changes in Licensed Entities: Medical Marijuana Businesses
A.	General Requirements
1.	All applications for transfers of ownership or changes in corporate entities by licensed Medical Marijuana Businesses authorized pursuant to section 12-43.3-401, C.R.S., shall be made upon current forms prescribed by the Division. Each application shall identify the relevant local licensing authority.
2.	All  applications  for  transfers  of  ownerships  and  changes  in  licensed  entities  by  Medical Marijuana Businesses must include application fees and be complete in every material detail.
3.	Each Applicant for a transfer of ownership shall provide suitable evidence of a Person’s proof of lawful presence, residence and good character and reputation that the Division may request.   Each Applicant shall  also  provide  all  requested  information  concerning  financial  and  management  associations and interests of other Persons in the business, Department of Revenue tax payment information, proof of good and sufficient surety bond and the deed, lease, contract, or other document governing the terms and conditions of occupancy of the Licensed Premises. Nothing in this section is intended to limit the Division’s ability to request additional information it deems necessary relevant to determining an Applicant’s suitability for licensure.
4.	Failure to provide such additional evidence by the requested deadline may result in denial of the application.
5.	The Division will not approve a transfer of ownership application without first receiving written notification and approval from the relevant local licensing authority. See Rule M 1401 - Instructions for Local Licensing Authorities and Law Enforcement Officers.
B.	As It Relates to Corporations and Limited Liability Companies
1.	If the Applicant for any license pursuant the Medical Code is a corporation or limited liability company, it shall submit with the application the names, mailing addresses, and Owner’s background forms of all of its principal officers, directors, and Owners; a copy of its articles of incorporation or articles of organization; and evidence of its authorization to do business within this State. In addition, each Applicant shall submit the names, mailing addresses of all Persons owning any of the outstanding or issued capital stock, or of any Persons holding a membership interest.
2.	Any proposed transfer of capital stock or any change in principal officers or directors of a corporation shall be reported and approved by the State Licensing Authority and the local licensing authority prior to such transfer or change. 
3.	Any proposed transfer of membership interest or any change in members of any limited liability company holding a license shall be reported and approved by the State Licensing Authority and the local licensing authority prior to such transfer or change. 
C.	As It Relates to Partnerships
1.	If the Applicant for any license pursuant to the Medical Code is a general partnership, limited partnership, limited liability partnership, or limited liability limited partnership, it shall submit with the application the names, mailing addresses, and Owner’s background forms of all of its partners and a copy of its partnership agreement.
2.	Any proposed transfer of partnership interest or any change in general or managing partners of any partnership holding a license shall be reported and approved by the State Licensing Authority and local licensing authority prior to such transfer or change.  
D.	As It Relates to Entity Conversions.  Any Licensee that qualifies for an entity conversion pursuant to sections 7-90-201, C.R.S., et. seq., shall not be required to file a transfer of ownership application pursuant to section 12-43.3-309, C.R.S., upon statutory conversion, but shall submit a report containing suitable evidence of its intent to convert at least 30 days prior to such conversion. Such evidence shall include, but not be limited to, any conversion documents or agreements for conversion at least ten days prior to the date of recognition of conversion by the Colorado Secretary of State. The Licensee shall submit to the Division the names and mailing addresses of any officers, directors, general or managing partners, and all Persons having an ownership interest.
E.	Approval Required.  It may be considered a license violation affecting public safety if a Licensee engages in any transfer of ownership without prior approval from the Division and the relevant local licensing authority.
F.	Applications for Reinstatements Deemed New Applications. The Division will not accept an application for transfer of ownership if the license to be transferred is expired for more than 90 days, is voluntarily surrendered, or is revoked. See Rule M 202 - Process for Issuing a New License: Medical Marijuana Businesses.

Basis and Purpose – M 206
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-305, 12-43.3-310(7), and 12-43.3-310(13), and section 12-43.3-305, C.R.S.  The purpose of this rule is to clarify the application process for changing location of a Licensed Premises. 
M 206 – Changing Location of the Licensed Premises: Medical Marijuana Businesses
A.	Application Required to Change Location of Licensed Premises
1.	An Owner or other authorized representative of a Medical Marijuana Business must make application to the Division for permission to change location of its Licensed Premises.
2.	Such application shall:
a.	Be made upon current forms prescribed by the Division;
b.	Be complete in every material detail and include remittance of all applicable fees; 
c.	Explain the reason for requesting such change; 
d.	Be supported by evidence that the application complies with any local licensing authority requirements; and
e.	Contain a report of the relevant local licensing authority(-ies) in which the Medical Marijuana Business is to be situated, which report shall demonstrate the approval of the local licensing authority(-ies) with respect to the new location.
B.	Permit Required Before Changing Location
1.	No change of location shall be permitted until after the Division considers the application, and such additional information as it may require, and issues to the Applicant a permit for such change. 
2.	The permit shall be effective on the date of issuance, and the Licensee shall, within 120 days, change the location of its business to the place specified therein and at the same time cease to operate a Medical Marijuana Business at the former location. At no time may a Medical Marijuana Business operate or exercise any of the privileges granted pursuant to the license in both locations.   For good cause shown, the 120 day deadline may be extended for an additional 90 days.  
3.	The permit shall be conspicuously displayed at the new location, immediately adjacent to the license to which it pertains. 
4.	No change of location will be allowed except to another place within the same city, town, county or city and county in which the license as originally issued was to be exercised.
C.	General Requirements

1.	An application for change of location to a different local licensing authority shall follow the same procedures as an application for a new Medical Marijuana Business license. See Rule M 202 - Process for Issuing a New License: Medical Marijuana Businesses.
2.	An Applicant for change of location shall file a change of location application with the Division and pay the requisite change of location fee. See Rule M 207 - Schedule of Application Fees: Medical Marijuana Businesses.

Basis and Purpose – M 207
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-501(3), C.R.S.  The purpose of this rule is to clarify the schedules of application fees for Medical Marijuana Business Applicants. 
M 207 – Schedule of Application Fees: Medical Marijuana Businesses 
A.	Medical Marijuana Center Application Fees
1.	Type 1 Center (1-300 patients) - $7,500.00
2.	Type 2 Center (301-500 patients) - $12,500.00
3.	Type 3 Center (501 or more patients) - $18,000.00
B.	Business Registration Application Fee.  $250.00
C.	Medical Marijuana-Infused Products Manufacturer Application Fee.  $1,250.00
D.	Optional Premises Cultivation Location Application Fee.  $1,250.00
E.	Medical Marijuana Businesses Converting to Retail Marijuana Establishments. Medical Marijuana Center Applicants or Licensees that want to convert to Retail Marijuana Establishments should refer to 1 CCR 212-2, Rule R 207 – Schedule of Application Fees: Retail Marijuana Establishments.
F.	Change of Location Application Fee:  $150
G.	When Application Fees Are Due.  All application fees are due at the time an application is submitted.   
H.	Renewal Application Fees.  Renewal application fees are the same as the initial application fees.

Basis and Purpose – M 208
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-302(5)(c), 12-43.3-310(7), and 12-43.3-501(3), and section 24-4-104, C.R.S.  The purpose of this rule is to establish basic requirements for all Division applications and help the regulated community understand procedural licensing requirements.  
M 208 – Schedule of Business License Fees: Medical Marijuana Businesses
A.	Medical Marijuana Center License Fees
1.	Type 1 Center (1-300 patients) - $3,750.00
2.	Type 2 Center (301-500 patients) - $8,750.00
3.	Type 3 Center (501 or more patients) - $14,000.00
B.	Medical Marijuana-Infused Products Manufacturer License Fee.  $2,750.00
C.	Optional Premises Cultivation Location License Fee.  $2,750.00
D.	When License Fees Are Due.  All license fees are due at the time an application is submitted.   
E.	If Application is Denied. If an application is denied, an Applicant may request that the State Licensing Authority refund the license fee after the denial appeal period has lapsed or after the completion of the denial appeal process, whichever is later.

Basis and Purpose – M 209
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7),  and 12-43.3-501(3), and section 24-4-104, C.R.S.  The purpose of this rule is to establish basic requirements for all Division applications and help the regulated community understand procedural licensing requirements.  
M 209 – Schedule of Business License Renewal Fees: Medical Marijuana Businesses  
A.	Medical Marijuana Center Renewal Fees.  
1.	Type 1 Center – $3,750.00
2.	Type 2 Center – $8,750.00
3.	Type 3 Center – $14,000.00
B.	When License Renewal Fees Are Due.  License renewal fees are due at the time the renewal application is submitted.  
C.	If Renewal Application is Denied.  If an application for renewal is denied, an Applicant may request that the State Licensing Authority refund the license fee after the denial appeal period has lapsed or after the completion of the denial appeal process, whichever is later.
Basis and Purpose – M 210
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-501(3), C.R.S.  The purpose of this rule is to establish basic requirements for all Division applications and help the regulated community understand procedural licensing requirements.  
M 210 – Schedule of Administrative Service Fees: All Licensees
A.	Administrative Service Fees.  The following administrative service fees apply:
1.	Change of Corporation or LLC Structure - $1000/person
2.	Change of Trade Name - $50
3.	Modification of License Premises - $150
4.	Duplicate Business License or Certificate of Application - $50
5.	Duplicate Occupational License - $10
B.	When Administrative Service Fees Are Due. All administrative service fees are due at the time each applicable request is made.
Basis and Purpose – M 211
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XVI), and 12-43.4-202(4)(b)(I)(a), 12-43.4-104, and 12-43.3-501, C.R.S.  The purpose of this rule is to clarify that existing Medical Marijuana Businesses may apply to convert a Medical Marijuana Business License to a Retail Marijuana Establishment License or may apply to obtain one additional license to operate a Retail Marijuana Establishment.  It is important to note that the State Licensing Authority considers each license issued as  separate and distinct. Each license, whether it is in the same location or not, is fully responsible to maintain compliance with all statutes and rules promulgated regardless of whether or not they are located in a shared address.
A Medical Marijuana Business may only obtain one Retail Marijuana Establishment License, whether it converts the Medical Business License or obtains a Retail Marijuana Establishment License, for each Medical Marijuana Business License it holds.  In order to ensure all Retail Marijuana and Retail Marijuana Product are tracked in MITS and as a condition of licensure, a Medical Marijuana Business must declare in MITS all Medical Marijuana and Medical Marijuana Infused-Product that are converted for sale as Retail Marijuana or Retail Marijuana Product prior to initiating or allowing any sales.  This declaration may be made only once.
The State Licensing Authority received several comments from stakeholders who requested lower fees for Medical Marijuana Businesses that were either converting a Medical Marijuana Business license to a Retail Marijuana Establishment license or obtaining an additional Retail Marijuana Establishment license while retaining the existing Medical Marijuana Business license. The adopted permanent regulations reflect changes to address this concern.   Under the rules as adopted, Medical Marijuana Businesses that apply to convert to a Retail Marijuana Establishment license will be required to pay an application fee, but no license fees will be charged until such time as the renewal fees would have been due under the Medical Marijuana Business license term. The Retail Marijuana Establishment license, if approved, would assume the balance of the license term from the Medical Marijuana Business license and have the same expiration date.
M 211 –Conversion - Medical Marijuana Business to Retail Marijuana Establishment
A.	Retail Marijuana Establishment Expiration Date
1.	A Medical Marijuana Business converting its license to a Retail Marijuana Establishment license shall not be required to pay a license fee at the time of application for conversion.
2.	If a Medical Marijuana Business licensee is scheduled to renew its license during the processing of its conversion to a Retail Marijuana Establishment license, the Medical Marijuana Business must complete all renewal applications and pay the requisite renewal licensing fees.
3.	A Retail Marijuana Establishment license that was fully converted from a Medical Marijuana Business license will assume the balance of licensing term previously held by the surrendered Medical Marijuana Business license.
B.	Medical Marijuana Licensees Applying for Retail Marijuana Establishments.  A Medical Marijuana Business Licensee in good standing or who had a pending application as of December 10, 2012 that has not yet been denied, and who has paid all applicable fees, may apply for a Retail Marijuana Establishment license in accordance with the Retail Code and these rules on or after October 1, 2013.  A Medical Marijuana Business meeting these conditions may apply to convert a Medical Marijuana Business license to a Retail Marijuana Establishment license or may apply for a single Retail Marijuana Establishment of the requisite class of license in the Medical Marijuana Code for each Medical Marijuana Business License not converted. 
C.	Retail Marijuana Establishment Licenses Conditioned
1.	It shall be unlawful for a Retail Marijuana Establishment to operate without being issued a Retail Marijuana Establishment  license by the State Licensing Authority and receiving all relevant local jurisdiction approvals.  Each Retail Marijuana Establishment license issued shall be conditioned on the Licensee’s receipt of all required local jurisdiction approvals and licensing, if required.
2. Each Retail Marijuana Establishment license issued shall be conditioned on the Medical Marijuana Business Licensee’s declaration of the amount of Medical Marijuana or Medical Marijuana-Infused Product it intends to transfer from the requisite Medical Marijuana Business for sale as Retail Marijuana or Retail Marijuana Product.  A Retail Marijuana Establishment shall not exercise any of the rights or privileges of a Retail Marijuana Establishment Licensee until such time as all such Medical Marijuana and Medical Marijuana-Infused Product are fully transferred and declared in the MITS system.  See also, Rule R 309 – Marijuana Inventory Tracking Solution (MITS).
D.	One-Time Transfer.  Once a Retail Marijuana Establishment has declared Medical Marijuana and/or Medical Marijuana-Infused Product as Retail Marijuana or Retail Marijuana Product in the MITS system and begun exercising the rights and privileges of the license, no additional Medical Marijuana or Medical Marijuana-Infused Product can be transferred from the Medical Marijuana Business to the relevant Retail Marijuana Establishment at any time.

Basis and Purpose – M 230
The statutory authority for this rule is found at subsections 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)(XX), and 12-43.3-310(7), and sections 12-43.3-305 and 12-43.3-306, C.R.S.  The purpose of this rule is to establish that only complete applications for licenses, accompanied with all required fees, will be accepted and processed by the Division.
M 230 – Complete Applications Required: Individuals
A.	General Requirements
1.	All applications for state licenses authorized pursuant to subsection 12-43.3-401(1)(e), C.R.S., shall be made upon current forms prescribed by the Division. Applications submitted to the Division may include, but not be limited to, Occupational Licenses for individuals as Owners and transfers of ownership as well as Associated Key Licenses and Support Licenses.  
2.	An Occupational License constitutes a revocable privilege. The burden of proving an Applicant’s qualifications for licensure rests at all times with the Applicant. 
3.	Applicants must submit a complete current application to the Division before it will be accepted or considered.
a.	All applications must be complete in every material detail.
b.	All applications must include all attachments or supplemental information required by the forms supplied by the Division.
c.	All applications must be accompanied by a full remittance for the whole amount of the application, license, or other relevant fees.
4.	The Division may refuse to accept an incomplete application.
B.	Additional Information May Be Required
1.	Each Applicant shall provide any additional information required that the Division may request to process and fully investigate the application.  
2.	An Applicant’s failure to provide the requested evidence or information by the Division deadline may be grounds for denial.  The additional information must be provided to the Division no later than seven days of the request unless otherwise specified by the Division.  Each Applicant shall provide any additional information required that the Division may request to process and fully investigate the application.
C.	Application Forms Accessible. All application forms supplied by the Division and filed by an Applicant for a license, including attachments and any other documents associated with the investigation, shall be accessible by the State Licensing Authority, local licensing authorities, and any state or local law enforcement agency, for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose.

Basis and Purpose – M 231
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-310(4), and sections 12-43.3-306, 12-43.3-401, 24-76.5-101 et. seq,. and 12-43.3-307, C.R.S.  The purpose of this rule is clarify the qualifications for licensure, including, but not limited to, the requirement for a fingerprint-based criminal history record check for all Owners, officers, managers, contractors, employees, and other Support, Associated Key and Key Licensees. 
M 231 – Qualifications for Licensure: Individuals
A.	General Requirements
1.	All Applicants shall submit information to the Division in a full, faithful, truthful, and fair manner.  The Division may recommend denial of an application where the Applicant made intentional misstatements, purposeful omissions, misrepresentations, or untruths in the application or in connection with the Applicant’s background investigation. This type of conduct may be considered as the basis of additional administrative action against the Applicant and it may also be the basis for criminal charges against the Applicant.
2.	The Division may deny the application of an Applicant who fails to provide the requested evidence or information by the Division deadline.
B.	Other Licensing Requirements
1.	Fingerprints Required
a.	All Applicants for initial licensure shall be fingerprinted for a fingerprint-based criminal history record check.
b.	A renewal Applicant shall be fingerprinted at the Director’s discretion.
c.	An Applicant shall also be fingerprinted if the Director has required the Applicant to submit a new application. The Director may require a new application for the following non-exhaustive list of reasons:
i.	 An Applicant is re-applying after more than one year since the expiration of his or her most recent license;
ii.	If an Applicant’s previous license was denied or revoked by the State Licensing Authority; or
iii.	When the Division needs additional information in order to proceed with a background investigation.
2.	Other Documents May Be Required. Any Applicant may be required to establish his or her identity and age by any document required for a determination of lawful presence.
3.	Maintaining Ongoing Suitability For Licensing: Duty to Report Offenses. An Applicant or Licensee shall notify the Division in writing of any felony criminal charge and felony conviction against such person within ten days of such person’s arrest, felony summons, and within ten days of the disposition of any arrest or summons. Failure to make proper notification to the Division may be grounds for disciplinary action. Licensees shall cooperate in any investigation conducted by the Division.  This duty to report includes, but is not limited to, deferred sentences or judgments that are not sealed. If the Division lawfully finds a disqualifying event and an Applicant asserts that the record was sealed, the Division may require the Applicant to provide proof from a court evidencing the sealing of the case.
4.	Application Forms Accessible to Law Enforcement and Licensing Authorities. All application forms supplied by the Division and filed by an Applicant for license shall be accessible by the State Licensing Authority, local jurisdictions, and any state or local law enforcement agent.
C.	Associated Key Licenses/Owners. An Owner Applicant for an Associated Key License must meet the following criteria before receiving a license:
1.	The Applicant must pay the annual application and licensing fees;
2.	The Applicant’s criminal history must indicate that he or she is of Good Moral Character;
3.	The Applicant is not employing, or financed in whole or in party by any other Person whose criminal history indicates that he or she is not of Good Moral Character;
4.	The Applicant is at least 21 years of age;
5.	The Applicant has paid all taxes, interest, or penalties due the Department of Revenue relating to a Medical Marijuana Business;
6.	The Applicant can prove that he or she has not discharged a sentence for a conviction of a felony in the five years immediately preceding his or her application date;
7.	The Applicant can prove that he or she has not discharged a sentence in the five years immediately preceding the application date for a conviction of a felony not related to possession, distribution, manufacturing, cultivation, or use of a controlled substance;
8.	The Applicant can prove that he or she has not been convicted at any time of a felony pursuant to any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance;
9.	The Applicant can establish that he or she does not employ another person who does not have a valid Occupational License issued pursuant to the Medical Code;
10.	The Applicant can establish that he or she is not a sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the State Licensing Authority or a local licensing authority;
11.	The Applicant can establish that its premises proposed to be licensed  is not currently licensed as a retail food establishment or wholesale food registrant;
12.	The Applicant has been a resident of Colorado for at least two years prior to the date of the Application.  See Rule M 232 – Factors Considered When Determining Residency: Individuals.  
D.	Support and Key Licenses and Vendor Registrations.  An Occupational License Applicant for a Support License and a Retail Marijuana Testing Facility must meet the following criteria before receiving a license or vendor registration:
1.	The Applicant must pay the annual application and licensing fees;
2.	The Applicant’s criminal history must indicate that he or she is of Good Moral Character;
3.	The Applicant is at least 21 years of age;
4.	An Applicant can establish that he or she is currently a resident of Colorado;
5.	The Applicant has paid all taxes, interest, or penalties due the Department of Revenue relating to a Medical Marijuana Business;
6.	The Applicant can prove that he or she has not discharged a sentence for a conviction of a felony in the five years immediately preceding his or her application date;
7.	The Applicant can prove that he or she has not discharged a sentence in the five years immediately preceding the application date for a conviction of a felony not related to possession, distribution, manufacturing, cultivation, or use of a controlled substance;
8.	The Applicant can prove that he or she has not been convicted at any time of a felony pursuant to any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance, except that the State Licensing Authority may grant a license to an Applicant if the Applicant has a state felony conviction based on possession or use of marijuana or marijuana concentrate that would not be a felony if the employee were convicted of the offense on the date he or she applied for a license; and
9.	The Applicant can establish that he or she is not a sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the State Licensing Authority or a local licensing authority.
E.	Current Medical Marijuana Occupational Licensees
1.	An individual who holds a current, valid Occupational License issued pursuant to the Medical Code may also work in a Retail Marijuana Establishment; no separate Occupational License is required.
2.	An individual who holds a current, valid Occupational License issued pursuant to the Retail Code shall not work at a Medical Marijuana Business unless he or she also holds a current, valid Occupational License issued pursuant to the Medical Code.

Basis and Purpose – M 232
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), 12-43.3-307(1)(m), and 12-43.3-310(6), and sections 12-43.3-205 and 12-43.3-401, C.R.S.  The purpose of this rule is to interpret residency requirements set forth in the Medical Code.
M 232 – Factors Considered When Determining Residency: Individuals
This rule applies to individual Applicants who are trying to obtain Medical Marijuana Business licenses.  When the State Licensing Authority determines whether an Applicant is a resident, the following factors will be considered:
A.	Primary Home Defined. The location of an Applicant’s principal or primary home or place of abode (“primary home”) may establish Colorado residency.  An Applicant’s primary home is that home or place in which a person’s habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of such absence.  A primary home is a permanent building or part of a building and may include, by way of example, a house, condominium, apartment, room in a house, or manufactured housing. No rental property, vacant lot, vacant house or cabin, or other premises used solely for business purposes shall be considered a primary home.
B.	Reliable Indicators That an Applicant’s Primary Home is in Colorado. The State Licensing Authority considers the following types of evidence to be generally reliable indicators that a person’s primary home is in Colorado.
1.	Evidence of business pursuits, place of employment, income sources, residence for income or other tax purposes, age, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, existence of any other residences outside of Colorado and the amount of time spent at each such residence, and any motor vehicle or vessel registration;
2.	Duly authenticated copies of the following documents may be taken into account: A current driver’s license with address, recent property tax receipts, copies of recent income tax returns where a Colorado mailing address is listed as the primary address, current voter registration cards, current motor vehicle or vessel registrations, and other public records evidencing place of abode or employment; and
3.	Other types of reliable evidence.
C.	Totality of the Evidence.  The State Licensing Authority will review the totality of the evidence, and any single piece of evidence regarding the location of a person’s primary home will not necessarily be determinative.
D.	Other Considerations for Residency.  The State Licensing Authority may consider the following circumstances 
1.	Members of the armed services of the United States or any nation allied with the United States who are on active duty in this state under permanent orders and their spouses;
2.	Personnel in the diplomatic service of any nation recognized by the United States who are assigned to duty in Colorado and their spouses; and
3.	Full-time students who are enrolled in any accredited trade school, college, or university in Colorado.  The temporary absence of such student from Colorado, while the student is still enrolled at any such trade school, college, or university, shall not be deemed to terminate their residency.  A student shall be deemed “full-time” if considered full-time pursuant to the rules or policy of the educational institution he or she is attending.
E.	Entering Armed Forces Does Not Terminate Residency.  An individual who is a Colorado resident pursuant to this rule does not terminate Colorado residency upon entering the armed services of the United States.  A member of the armed services on active duty who resided in Colorado at the time the person entered military service and the person’s spouse are presumed to retain their status as residents of Colorado throughout the member’s active duty in the service, regardless of where stationed or for how long.

Basis and Purpose – M 233
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(e), 12-43.3-202(2)(a)(VIII), 12-43.3-202(2)(a)(XX),  12-43.3-310(7), and 12-43.3-401, C.R.S.  The purpose of this rule is to clarify when an individual must be licensed or registered with the Division before commencing any work activity at a Medical Marijuana Business.  The rule also sets forth the process for obtaining a license or registration and explains what information may be required before obtaining such license or registration.
M 233 – Medical Code Occupational Licenses Required 
A.	Medical Code Occupational Licenses, Vendor Registrations, and Identification Badges
1.	Any person who possesses, cultivates, manufactures, tests, dispenses, sells, serves, transports or delivers Medical Marijuana or Medical Marijuana-Infused Product as permitted by privileges granted under a Medical Marijuana Business License must have a valid Occupational License.
2.	Any person who has the authority to access or input data into MITS or a Medical Marijuana Business point of sale system must have a valid Occupational License.
3.	Any person within a Restricted Access Area or Limited Access Area that does not have a valid Occupational License shall be considered a visitor and must be escorted at all times by a person who holds a valid Owner or Occupational License.  Failure by a Medical Marijuana Business to continuously escort a person who does not have a valid Occupational License within a Limited Access Area may be considered a license violation affecting the public safety. See Rule M 1307 – Penalties.
B.	Occupational Licensees Commencing Employment. Any person required to be licensed pursuant to this rule shall obtain all Division approvals and obtain a Division-issued identification badge before commencing activities permitted by the Medical Code Occupational License. See also Rule M 231 – Qualifications for Licensure: Individuals.
C.	Identification Badges Are Property of State Licensing Authority. All identification badges shall remain the property of the State Licensing Authority, and all identification badges shall be returned to the Division upon demand of the State Licensing Authority or the Division.  

Basis and Purpose - M 234
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), 12-43.3-401(1)(d ), and 12-43.3-501(3), C.R.S.  The purpose of this rule is to clarify the schedules of application fees for individuals.
M 234 – Schedule of Application Fees: Individuals 
A.	Individual Application Fees.  Associated Key License Application Fee. $1000.00
B.	When Fees Are Due.  Application fees are due at time Applicant submits application.

Basis and Purpose – M 235
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), 12-43.3-401(1)(d ), and 12-43.3-501(3), C.R.S.  The purpose of this rule is to establish licensing fees for individuals.
M 235 – Schedule of License Fees: Individuals
A.	Individual License Fees
1.	Occupational License - Key License Application Fee. $250.00
2.	Associated Key License Fee - $250
3.	Occupational License - Support License Application Fee.  $75.00
4.	Vendor Registration Fee. $250

B.	When Fees Are Due.  License fees are due at time Applicant submits application.

Basis and Purpose – M 236
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), 12-43.3-401(1)(d ), and 12-43.3-501(3), C.R.S.  The purpose of this rule is to establish license renewal fees for individuals.
M 236 – Schedule of Renewal Fees: Individuals
A.	Individual License Renewal Fees
1.	Occupational License - Key License/Associated Key License Fee. $250.00
2.	Associated Key License Fee:  $250
3.	Occupational License - Support License Application Fee.  $75.00
B.	When Fees Are Due.  License renewal fees are due at time applicant submits application for renewal.

Basis and Purpose – M 250
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-305(1), and 12-43.3-305,  C.R.S.  The purpose of this rule is to clarify that a Licensee must keep its mailing address current with the Division.
M 250 – Licensee Required to Keep Mailing Address Current with the Division: All Licensees
A.	Timing of Notification. A Licensee shall inform the Division in writing of any change to its mailing address within 30 days of the change.  The Division will not change a Licensee’s information without explicit written notification provided by the Licensee or its authorized agent.
B.	Division Communications.  Division communications are sent to the last mailing address furnished by an Applicant or a Licensee to the Division.  
C.	Failure to Change Address Does Not Relieve Licensee’s or Applicant’s Obligation. Failure to notify the Division of a change of mailing address does not relieve a Licensee or Applicant of the obligation to respond to a Division communication. 
D.	Application and Disciplinary Communications. The State Licensing Authority will send any application, disciplinary or sanction communication, as well as any notice of hearing, to the last mailing address furnished to the Division by the Licensee or Applicant.

Basis and Purpose – M 251
The statutory authority for this rule is found at subsections 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)(XX), and section 12-43.2-306, C.R.S.  The purpose of this rule is to establish what factors the State Licensing Authority will consider when denying an application for licensure.
M 251 – Application Denial and Voluntary Withdrawal: All Licensees
A.	Applicant Bears Burden of Proving It Meets Licensing Requirements
1.	At all times during the application process, an Applicant must be capable of establishing that it is qualified to hold a license.
2.	An Applicant that does not cooperate with the Division during the application phase may be denied as a result.  For example, if the Division requests additional evidence of suitability and the Applicant does not furnish such evidence by the date requested, the Applicant’s application may be denied.
B.	Applicants Must Provide Accurate Information
1.	An Applicant must provide accurate information to the Division during the entire Application process.
2.	If an Applicant provides inaccurate information to the Division, the Applicant’s application may be denied. 
C.	Grounds for Denial
1.	The State Licensing Authority will deny an application from an Applicant that forms a business, including but not limited to a sole proprietorship, corporation, or other business enterprise, with the purpose or intent, in whole or in part, of transporting, cultivating, processing, transferring, or distributing marijuana or marijuana products without receiving prior licenses from all relevant licensing authorities.
2.	The State Licensing Authority will deny an application for Good Cause.
3.	The State Licensing Authority will deny an application from an Applicant that is statutorily disqualified from holding a license.
D.	Voluntary Withdrawal of Application
1.	The Division and Applicant may mutually agree to allow the voluntary withdrawal of an application for licensing in lieu of a denial proceeding.
2.	Applicants must first submit a notice to the Division requesting the voluntary withdrawal of the application. Applicants will submit the notice with the understanding that they were not obligated to request the voluntary withdrawal and that any right to a hearing in the matter is waived once the voluntary withdrawal is approved. 
3.	The Division will consider the request along with any circumstances at issue with the application in making a decision to accept the voluntary withdrawal. The Division may at its discretion grant the request with or without prejudice or deny the request.
4.	The Division will notify the Applicant of its acceptance of the voluntary withdrawal and the terms thereof.
5.	If the Applicant agrees to a voluntary withdrawal granted with prejudice, then the Applicant is not eligible to apply again for licensing or approval until after expiration of one year from the date of such voluntary withdrawal.
E.	An Applicant May Appeal a Denial
1.	An Applicant may appeal a denial pursuant to the Administrative Procedure Act.
2.	See also Rules M 1304 – Administrative Hearings, M 1305 – Administrative Subpoenas, and M 1306 – Administrative Hearing Appeals.

Basis and Purpose – M 252
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-310(6), C.R.S.  The purpose of this rule is to clarify the length of licenses for businesses and individuals.
M 252 – Length of License:  All Licensees
A.	Medical Marijuana Business License.  All Medical Marijuana Business Licenses are valid for one year, except those that fully convert to a Retail Marijuana Establishment license.
B.	Occupational Licenses.  Occupational Licenses are valid for two years. 
C.	License May Be Valid for Less Than Full Term.  A License may be valid for less than the applicable license term if revoked, suspended, voluntarily surrendered, or otherwise disciplined.

M 300 Series – The Licensed Premises

Basis and Purpose – M 301
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), and section 12-43.3-105,  C.R.S. The purpose of this rule is to establish regulations governing Limited Access Areas for inside a Licensed.
M 301 – Limited Access Areas
A.	Proper Display of License Badge. All persons in a Limited Access Area as provided for in section 12-43.3-105, C.R.S., shall be required to hold and properly display a current license badge issued by the Division at all times. Proper display of the license badge shall consist of wearing the badge in a plainly visible manner, at or above the waist, and with the photo of the Licensee visible. The Licensee shall not alter, obscure, damage, or deface the badge in any manner.
B.	Visitors in Limited Access Areas 
1.	Prior to entering a Limited Access Area, all visitors and individuals without a valid Occupational License, including outside vendors, and contractors, must obtain a visitor identification badge from management personnel of the Licensee that shall remain visible, as required by part A of this rule, while in the Limited Access Area.  
2.	Visitors shall be escorted by Licensee personnel at all times.  No more than five visitors may be escorted by a single employee.
3.	The Licensee shall maintain a log of all visitor activity, for any purpose, within the Limited Access Area and shall make such logs available for inspection by the Division or relevant local licensing authority.
4.	All visitors admitted into a Limited Access Area must provide acceptable proof of age and must be at least 21 years of age. See Rule M 405 – Acceptable Forms of Identification for Medical Sales.
5.	The Licensee shall check an acceptable form of identification for all visitors to verify that the name on the identification matches the name in the visitor log.  See Rule M 405 – Acceptable Forms of Identification for Medical Sales
6.	A Licensee may not receive consideration or compensation for permitting a visitor to enter a Limited Access Area.
C.	Required Signage. All areas of ingress and egress to Limited Access Areas on the Licensed Premises shall be clearly identified by the posting of a sign which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than a half inch in height, which shall state, “Do Not Enter - Limited Access Area – Access Limited to Licensed Personnel and Escorted Visitors”.
D.	Diagram for Licensing Licensed Premises. All Limited Access Areas shall be clearly identified to the Division or relevant local licensing authority and described by the filing of a diagram of the Licensed Premises reflecting walls, partitions, counters and all areas of ingress and egress. The diagram shall also reflect all Propagation, cultivation, manufacturing, and Restricted Access Areas.  See Rule M 901 – Business Records Required. 
E.	Modification of a Limited Access Area. A Licensee’s proposed modification of designated Limited Access Areas shall be approved by Division or local licensing authorities.  See Rule M 303 – Changing, Altering, or Modifying Licensed Premises.
F.	Law Enforcement Personnel Authorized. Notwithstanding the requirements of subsection A of this rule, nothing shall prohibit investigators and employees of the Division, authorities from local licensing authority or any state or local law enforcement agency, for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose, from entering a Limited Access Area upon presentation of official credentials identifying them as such.
Basis and Purpose – M 302
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XX), and 12-43.3-308(1)(b), C.R.S.  The purpose of this rule is to establish and clarify the means by which the Licensee has lawful possession of the Licensed Premises.  
M 302 – Possession of Licensed Premises 
A.	Evidence of Lawful Possession.  Persons licensed pursuant to sections 12-43.3-402, 12-43.3-403, or 12-43.3-404, C.R.S., or those making application for such licenses, must demonstrate proof of lawful possession of the premises to be licensed or Licensed Premises. Evidence of lawful possession consists of properly executed deeds of trust, leases, or other written documents acceptable to the State Licensing Authority and local licensing authorities.
B.	Relocation Prohibited. The Licensed Premises shall only be those geographical areas that are specifically and accurately described in executed documents verifying lawful possession.  Licensees are not authorized to relocate to other areas or units within a building structure without first filing a change of location application and obtaining approval from the Division and the local licensing authority.  Licensees shall not add additional contiguous units or areas, thereby altering the initially-approved premises, without filing an Application to modify the Licensed Premises on current forms prepared by the Division, including any applicable processing fee. See Rule M 303 - Changing, Altering, or Modifying Licensed Premises.
C.	Subletting Not Authorized. Licensees are not authorized to sublet any portion of a Licensed Premises for any purpose, unless all necessary applications to modify the existing Licensed Premises to accomplish any subletting have been approved by the Division and local licensing authority. 

Basis and Purpose – M 303
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I),  12-43.3-202(2)(a)(X), 12-43.3-202(2)(a)(XX), and 12-43.3-305, C.R.S. The purpose of this rule is to establish guidelines for changing, altering or modifying the Licensed Premises. 
M 303 – Changing, Altering, or Modifying Licensed Premises 
A.	Application Required to Alter or Modify Premises. After issuance of a license, the Licensee shall make no physical change, alteration, or modification of the Licensed Premises that materially or substantially alters the Licensed Premises or the usage of the Licensed Premises from the plans originally approved, without the prior written approval of both the Division and relevant licensing authority. The Licensee whose premises are to be materially or substantially changed is responsible for filing an application for approval on current forms provided by the Division. 
B.	What Constitutes a Material Change.  Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following:
1.	Any increase or decrease in the total physical size or capacity of the Licensed Premises; 
2.	The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes Limited Access Areas, such as the cultivation, harvesting, manufacturing, or sale of  Medical Marijuana or Medical Marijuana-Infused Product within the Licensed Premises; 
3.	Within a Medical Marijuana Center, the permanent addition of a separate sales counter that creates an additional point-of-sale location, and the permanent addition of a display case, all of which would require  the installation of additional video surveillance cameras.  See Rule M 306 – Video Surveillance; 
4.	The installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage to enhance cultivation activities; or
5.	The addition or deletion of Optional Premises Cultivation Operation licenses that will be, or have been, combined with other commonly owned cultivation licenses in a common area for the purpose of growing and cultivating Medical Marijuana.
C.	Attachments to Application. The Division and relevant local licensing authority may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Licensee, and payment of any applicable fee. The Licensee must submit all information requested by the Division including but not limited to, documents that verify the following:
1.	The Licensee will continue to have possession of the premises, as changed, by ownership, lease, or rental agreement; and
2.	The proposed change conforms to any local restrictions related to the time, manner, and place of Medical Marijuana Business regulation. 
Basis and Purpose – M 304
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XX), 12-43.4-104(1)(a)(V), 12-43.4-202(2)(b), 12-43.4-401(2), and 12-43.4-404(2), C.R.S. The purpose of this rule is to establish guidelines for the manner in which a Medical Marijuana Business may share its existing Licensed Premises with a Licensed Retail Marijuana Establishment, and to ensure the proper separation of a Medical Marijuana Business operation from Retail Marijuana Establishment operation. 
M 304 – Medical Marijuana Business and Retail Marijuana Establishment – Shared Licensed Premises and Operational Separation 
A.	Licensed Premises – General Requirements
1.	A Medical Marijuana Center that prohibits patients under the age of 21 years to be on the Licensed Premises may also hold a Retail Marijuana Store license and operate a dual retail business operation on the same Licensed Premises if the relevant local licensing authority permits a dual operation at the same location and the two are commonly owned. 
2.	 A Medical Marijuana Center that authorizes medical marijuana patients under the age of 21 years to be on the premises is prohibited from sharing its Licensed Premises with a Retail Marijuana Establishment. Even when the two are commonly owned, the two shall maintain distinctly separate Licensed Premises; including, but not limited to, separate sales and storage areas, separate entrances and exits, separate inventories, separate point-of-sale operations, and separate record-keeping. 
3.	An Optional Premises Cultivation Operation and a Retail Marijuana Cultivation Facility may share a single Licensed Premises in order to operate a dual cultivation business operation, if the relevant licensing authority permits a dual operation at the same location and the two are commonly owned. 
4.	A Medical Marijuana-Infused Products Manufacturer Business Licensee and a Retail Marijuana Products Manufacturing Facility may share a single Licensed Premises to operate a dual manufacturing business operation, if the relevant local licensing authority permits a dual operation at the same location and the two are commonly owned.
B.	Separation of Co-located Licensed Operations
1.	Cultivation Operations.  A Person operating an Optional Premises Cultivation Operation and a Retail Marijuana Cultivation Facility shall maintain either physical or virtual separation of the facilities, marijuana plants, and marijuana inventory.  Record keeping for the business operations and labeling of products must enable the Division and relevant local licensing authority to clearly distinguish the inventories and business transactions of Medical Marijuana Business from the Retail Marijuana Establishment. 
2.	Manufacturing Operations. A Person operating a Medical Marijuana-Infused Products Manufacturer Business and Retail Marijuana Products Manufacturing Facility shall maintain either physical or virtual separation of the facilities, product ingredients, product manufacturing, and final product inventory. Record keeping for the business operations and labeling of products must enable the Division and local licensing authority to clearly distinguish the inventories and business transactions of Medical Marijuana-Infused Product from Retail Marijuana Product. 
3.	Raw Ingredients May Be Shared. Nothing in this rule prohibits a co-located Retail Marijuana Establishment and Medical Marijuana Business from sharing raw ingredients in bulk, for example flour or sugar, except that Retail Marijuana and Medical Marijuana may not be shared under any circumstances.
4.	Retail Store and Medical Center Operations: No Patients Under The Age of 21 Years.  Persons operating a Medical Marijuana Center that specifically prohibits the admittance of patients under the age of 21 years and a Retail Marijuana Store may share their Licensed Premises. Such a Medical Marijuana Center Licensee must post signage that clearly conveys that persons under the age of 21 years may not enter.  Under these circumstances and upon approval of the State Licensing Authority, the Medical Marijuana Center and the Retail Marijuana Store may share the same entrances and exits.  Also under these circumstances, Medical Marijuana and Retail Marijuana and Medical Marijuana-Infused Product and Retail Marijuana Product must be separately displayed on the same sale floor.  Record keeping for the business operations of both must allow the Division and relevant local licensing authority to clearly distinguish the inventories and business transactions of Medical Marijuana and Medical Marijuana-Infused Product from Retail Marijuana and Retail Marijuana Product.   Violation of the restrictions in this rule by co-located Medical Marijuana Centers and Retail Marijuana Establishments may be considered a license violation affecting public safety.  
5.	Retail Stores and Medical Marijuana Centers: Patients Under The Age of 21 Years.  A co-located Medical Marijuana Center and Retail Marijuana Store shall maintain separate Licensed Premises, including entrances and exits, inventory, point of sale operations, and record keeping if the Medical Marijuana Center serves patients under the age of 21 years or permits admission of patients under the age of 21 years on its premises.
6.	Clear Separation of Inventory.  A Person who operates both a Medical Marijuana Business and Retail Marijuana Establishment within one location is required to maintain separate and distinct inventory tracking processes for Medical and Retail Marijuana inventories.  The inventories must be clearly tagged or labeled so that the products can be reconciled to a particular Medical Marijuana Business or a Retail Marijuana Establishment.
Basis and Purpose – M 305
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(X), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to ensure adequate control of the Licensed Premises and the Medical Marijuana and Medical Marijuana-Infused Product contained therein.  This rule also establishes the minimum guidelines for security requirements for alarm systems, and commercial locking mechanisms for maintaining adequate security. 
M 305 – Security Alarm Systems and Lock Standards 
A.	Security Alarm Systems – Minimum Requirements
1.	Each Licensed Premises shall have a Security Alarm System, installed by an Alarm Installation Company, on all perimeter entry points and perimeter windows. 
2.	Each Licensee must ensure that all of its Licensed Premises are continuously monitored.  Licensees may engage the services of a Monitoring Company to fulfill this requirement.
3.	The Licensees shall maintain up to date and current records and existing contracts on the Licensed Premises that describe the location and operation of each Security Alarm System, a schematic of security zones, the name of the Alarm Installation Company, and the name of any Monitoring Company.  See Rule M 901 – Business Records Required.
4.	Upon request, Licensees shall make available to agents of the Division or relevant local licensing authority or other state or local law enforcement agency, for a purpose authorized by the Medical Code or any other state or local law enforcement purpose, all information related to Security Alarm Systems, Monitoring, and alarm activity.
5.	Any outdoor Optional Premises Cultivation Facility, or greenhouse cultivation, is a Limited Access Area and must meet all of the requirements for Security Alarm Systems described in this rule.  An outdoor or greenhouse Optional Premises Cultivation Facility must provide sufficient security measures to demonstrate that outdoor areas are not readily accessible by unauthorized individuals.  This shall, at a minimum include, perimeter fencing designed to prevent the general public from entering the Limited Access Areas.  It shall be the responsibility of the Licensee to maintain physical security in a manner similar to an Optional Premises Cultivation Facility located in an indoor Licensed Premises so it can be fully secured and alarmed.   
B.	Lock Standards – Minimum Requirement
1.	At all points of ingress and egress, the Licensee shall ensure the use of a commercial-grade, non-residential door locks. 
2.	Any outdoor Optional Premises Cultivation Facility, or greenhouse cultivation, must meet all of the requirements for the lock standards described in this rule.

Basis and Purpose – M 306
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(X), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to ensure adequate control of the Licensed Premises and the Medical Marijuana and Medical Marijuana-Infused Product contained therein.  This rule also establishes the minimum guidelines for security requirements for video surveillance systems for maintaining adequate security.   
M 306 - Video Surveillance 
A.	Minimum Requirements The following video surveillance requirements shall apply to all Medical Marijuana Businesses:
1.	Prior to exercising the privileges of a Medical Marijuana Business, an Applicant must install fully operational video surveillance and camera recording system.  The recording system must record in digital format and meet the requirements outlined in this rule.
2.	All video surveillance records and recordings must be stored in a secure area that is only accessible to a Licensee’s management staff. 
3.	Video surveillance records and recordings must be made available upon request to the Division, the relevant local licensing authority, or any other state or local law enforcement agency for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose.
4.	Video surveillance records and recordings of point-of-sale areas shall be held in confidence by all employees and representatives of the Division, except that the Division may provide such records and recordings to the relevant local licensing authority, or any other state or local law enforcement agency for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose.
B.	Video Surveillance Equipment
1.	Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, cameras capable of meeting the recording requirements described in this rule, video monitors, digital archiving devices, and a color printer capable of delivering still photos.
2.	All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensee of any prolonged surveillance interruption and/or the complete failure of the surveillance system.
3.	Licensees are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capturing the identity of all individuals and activities in the monitored areas.
4.	All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.
C.	Placement of Cameras and Required Camera Coverage
1.	Camera coverage is required for all Limited Access Areas, point-of-sale areas, security rooms, all points of ingress and egress to Limited Access Areas, all areas where Medical Marijuana or Medical Marijuana-Infused Product is displayed for sale, and all points of ingress/egress to the exterior of the Licensed Premises. 
2.	Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises.  
3.	At each point-of-sale location, camera coverage must enable recording of the patients, caregiver or customer(s) and employee(s) facial features with sufficient clarity to determine identity.
4.	All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points.
5.	The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.  If the Licensed Premises has a Medical Marijuana cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to Flowering areas remain constantly illuminated for recording purposes.
6.	Areas where Medical Marijuana is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
7.	Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 
8.	At least one camera must be dedicated to record the access points to the secured surveillance recording area.
9.	All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor Limited Access Areas.
D.	Location and Maintenance of Surveillance Equipment
1.	The surveillance room or surveillance area shall be a Limited Access Area.
2.	Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Division and relevant local licensing authority, state or local law enforcement agencies for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose, and service personnel or contractors.    
3.	Licensees must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises.  Licensees must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity including the identity of the individual(s) performing the service, the service date and time and the reason for service to the surveillance system. 
4.	Off-site Monitoring and video recording storage of the Licensed Premises by the Licensee or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site Monitoring. 
5.	Each Medical Marijuana Licensed Premises located in a common or shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises.  Commonly-owned Medical Marijuana Businesses located in the same local jurisdiction may have one central surveillance room located at one of the commonly owned Licensed Premises which simultaneously serves all of the commonly-owned Medical Marijuana Businesses.  The facility that does not house the central surveillance room is required to have a review station, printer, and map of camera placement on the premises.  All minimum requirements for equipment and security standards as set forth in the section apply to the review station.
6.	Licensed Premises that combine both a Medical Marijuana Business and a Retail Marijuana Establishment may have one central surveillance room located at the shared Licensed Premises.  See Rule M 304 – Medical Marijuana Business and Retail Marijuana Establishment: Shared Licensed Premises and Operational Separation.

E.	Video Recording and Retention Requirements
1.	All camera views of all Limited Access Areas must be continuously recorded 24 hours a day. The use of motion detection is authorized when a Licensee can demonstrate that monitored activities are adequately recorded.
2.	All surveillance recordings must be kept for a minimum of 40 days and be in a format that can be easily accessed for viewing.  Video recordings must be archived in a format that ensures authentication of the recording as legitimately-captured video and guarantees that no alteration of the recorded image has taken place.
3.	The Licensee’s surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded, of the Licensed Premises.  
4.	The date and time must be embedded on all surveillance recordings without significantly obscuring the picture.  The date and time must be synchronized with any point-of-sale system.  
5.	Time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory at: http://www.time.gov/timezone.cgi?Mountain/d/-7/java.  
6.	After the 40 day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to sale or transfer of the facility or business to another Licensee, or being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the Licensee knows or should have known of a pending criminal, civil or administrative investigation or any other proceeding for which the recording may contain relevant information.
F.	Other Records 
1.	All records applicable to the surveillance system shall be maintained on the Licensed Premises. At a minimum, Licensees shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list and operating instructions for the surveillance equipment.
2.	A chronological point-of-sale transaction log must be made available to be used in conjunction with recorded video of those transactions.

Basis and Purpose – M 307
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to establish sanitary requirements for Medical Marijuana Businesses.  
M 307 – Waste Disposal 
A.	All Applicable Laws Apply. Medical Marijuana and Medical Marijuana-Infused Product waste must be stored, secured and managed in accordance with all applicable state and local statutes, regulations, ordinances or other requirements.
B.	Liquid Waste. Liquid waste from Medical Marijuana Businesses shall be disposed of in compliance the applicable Water Quality Control Division statutes and regulations.
C.	Hazardous Waste.  Disposal of hazardous and chemical waste must be conducted in a manner consistent with federal, state and local laws.
D.	Waste Must Be Made Unusable and Unrecognizable. Medical Marijuana and Medical Marijuana-Infused Product waste must be made unusable and Unrecognizable prior to leaving the Licensed Premises.
E.	Methods to Make Waste Unusable and Unrecognizable.  Medical Marijuana and Medical Marijuana-Infused Product waste shall be rendered unusable and Unrecognizable through one of the following methods:
1.	Grinding and incorporating the marijuana waste with non-consumable, solid wastes listed below such that the resulting mixture is at least 50 percent non-marijuana waste:
a.	Paper waste;
b.	Plastic waste;
c.	Cardboard waste;
d.	Food waste;
e.	Grease or other compostable oil waste; 
f.	Bokashi, or other compost activators;
g.	Other wastes approved by the State Licensing Authority that will render the Medical Marijuana and Medical Marijuana-Infused Product waste unusable and Unrecognizable as marijuana; and
h.	Soil.
F.	After Waste is Made Unusable and Unrecognizable. After the Medical Marijuana and Medical Marijuana-Infused Product waste is made unusable and Unrecognizable, then the rendered waste shall be:
1.	Disposed of  at a solid waste site and disposal facility that has a Certificate of Designation from the local governing body;
2.	Deposited at a compost facility that has a Certificate of Designation from the Department of Public Health and Environment; or
3.	Composted on-site at a facility owned by the generator of the waste and operated in compliance with the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) in the Department of Public Health and Environment.
G.	Proper Disposal of Waste.  A Licensee shall not dispose of Medical Marijuana and Medical Marijuana-Infused Product waste in an unsecured waste receptacle not in possession and control of the Licensee. 
H.	Inventory Tracking Requirements
1.	In addition to all other tracking requirements set forth in these rules, a Licensee shall utilize MITS to ensure its waste materials are identified, weighed and tracked while on the Licensed Premises until disposed of.
2.	All Medical Marijuana waste must be weighed before leaving any Medical Marijuana Business.  A scale used to weigh Medical Marijuana waste prior to entry into the MITS system shall be certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S.  See Rule M 309 – Medical Marijuana Business: Marijuana Inventory Tracking Solution (MITS).
3.	A Licensee is required to maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of Marijuana.  See Rule M 901 – Business Records Required.

Basis and Purpose – M 309
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I),  12-43.3-202(2)(a)(XX), 12-43.3-403(2), C.R.S. The purpose of this rule is to establish a system that will allow the State Licensing Authority and the industry to jointly track Medical Marijuana and Medical Marijuana-Infused Product from either seed or immature plant stage until the Medical Marijuana or Medical Marijuana-Infused Product is sold to the patient or destroyed.  
MITS is a web-based tool coupled with RFID technology that allows both the MITS user and the State Licensing Authority the ability to identify and account for all Medical Marijuana or Medical Marijuana-Infused Product.  Through the use of RFID technology, an Optional Premises Cultivation facility will tag either the seed or immature plant with an individualized number which will follow the Medical Marijuana through all phases of production and final sale to a patient.  This will allow the State Licensing Authority and the MITS user the ability to monitor and track Medical Marijuana and Medical Marijuana-Infused Product.  MITS will also provide a platform for the State Licensing Authority to exchange information and provide compliance notifications to the industry.
The State Licensing Authority finds it essential to regulate, monitor, and track all Medical Marijuana and Medical Marijuana-Infused Product to eliminate diversion, inside and outside of the state, and to ensure that all marijuana grown, processed, sold and disposed of in the Medical Marijuana market is transparently accounted for.  An existing Medical Marijuana Business must have an active and functional MITS account on or before December 31, 2013 or it may not excise the privileges of its license.  
The State Licensing Authority will engage the industry and provide training opportunities and continue to evaluate MITS to promote an effective means for this industry to account for and monitor its Medical Marijuana inventory.  

M 309 – Medical Marijuana Business:  Marijuana Inventory Tracking Solution (MITS)
A.	MITS Required.  A Medical Marijuana Business is required to use MITS as the primary inventory tracking system of record.  A Medical Marijuana Business must have a MITS account activated and functional on or before December 31, 2013.  After December 31, 2013, a Medical Marijuana Business without a MITS account that is activated and functional shall not operate or exercise any privileges of a license. Medical Marijuana Businesses converting to or adding a Retail Marijuana Establishment must follow the inventory transfer guidelines detailed in Rule R 309 (D) below.
B.	MITS Access  - MITS Administrator  
1.	MITS Administrator Required.  A Medical Marijuana Business must have at least one individual Owner who is a MITS Administrator.  A Medical Marijuana Business may also designate additional Owners and occupationally licensed employees to obtain MITS Administrator accounts.
2.	Training for MITS Administrator Account. In order to obtain a MITS Administrator account, a person must attend and successfully complete all required MITS training.  The Division may also require additional ongoing, continuing education for an individual to retain his or her MITS Administrator account. 
C.	MITS Access - MITS User Accounts.  A Medical Marijuana Business may designate licensed Owners and employees who hold a valid Occupational License as a MITS User.  A Medical Marijuana Business shall ensure that all Owners and Occupational  Licensees who are granted MITS User account access for the purposes of conducting inventory tracking functions in the system are trained by MITS Administrators in the proper and lawful use of MITS.
D.	Medical Marijuana Business License Conversions - Declaring Inventory Prior to Exercising Licensed Privileges as a Medical Marijuana Business  
1.	Medical Marijuana Inventory Transfer to Retail Marijuana Establishments. Each Medical Marijuana Business that is either converting to or adding a Retail Marijuana Establishment license must create a Retail Marijuana MITS account for each license it is converting or adding. A Medical Marijuana Business must transfer all relevant Medical Marijuana inventory into the Retail Marijuana Establishment’s MITS account and affirmatively declare those items as Retail Marijuana and Retail Marijuana Product.
2.	No Further Transfer Allowed.  Once a Licensee has declared any portion of its Medical Marijuana inventory as Retail Marijuana, no further transfers of inventory from Medical Marijuana to Retail Marijuana shall be allowed.
E.	RFID Tags Required
1.	Authorized Tags Required and Costs. Licensees are required to use RFID tags issued by a Division-approved vendor that is authorized to provision RFID tags for MITS. Each licensee is responsible for the cost of all RFID tags and any associated vendor fees.
2.	Use of RFID Tags Required.  A Licensee is responsible to ensure its inventories are properly tagged where MITS requires RFID tag use.  A Medical Marijuana Business must ensure it has an adequate supply of RFID tags to properly tag Medical Marijuana and Medical Marijuana-Infused Product as required by MITS.  
F.	General MITS Use
1.	Reconciliation with Inventory. All inventory tracking activities at a Medical Marijuana Business must be tracked through use of MITS. A Licensee must reconcile all on-premises and in-transit Medical Marijuana and Medical Marijuana-Infused Product inventories each day in MITS at the close of business.
2.	Common Weights and Measures. 
a.	A Medical Marijuana Business must utilize a standard of measurement that is supported by MITS to track all Medical Marijuana and Medical Marijuana-Infused Product.
b.	A scale used to weigh such product prior to entry into the MITS system shall be certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S. 
3.	MITS Administrator and User Accounts – Security and Record
a.	A Medical Marijuana Business shall maintain an accurate and complete list of all MITS Administrators and MITS Users for each Licensed Premises.  A Medical Marijuana Business shall update this list when a new MITS User is trained.  A Medical Marijuana Business must train and authorize any new MITS Users before those Owners or employees may access MITS or input, modify, or delete any information in MITS. 
b.	A Medical Marijuana Business must cancel any MITS Administrators and MITS Users from their associated MITS accounts once any such individuals are no longer employed by the Licensee or at the Licensed Premises. 
c.	A Medical Marijuana Business is accountable for all actions employees take while logged into MITS or otherwise conducting Medical Marijuana or Medical Marijuana-Infused Product inventory tracking activities.
4.	Secondary Software Systems Allowed 
a.	Nothing in this rule prohibits a Medical Marijuana Business from using separate software applications to collect information to be used by the business including secondary inventory tracking or point of sale systems. 
b.	A Licensee must ensure that all relevant MITS data is accurately transferred to and from MITS for the purposes of reconciliations with any secondary systems. 
c.	A Medical Marijuana Business must preserve original MITS data when transferred to and from a secondary application(s).  Secondary software applications must use MITS data as the primary source of data and must be compatible with updating to MITS.
G.	Conduct While Using MITS 
1.	Misstatements or Omissions Prohibited. A Medical Marijuana Business and its designated MITS Administrator(s) and MITS User(s) shall enter data into MITS that fully and transparently accounts for all inventory tracking activities. A Medical Marijuana Business is responsible for the accuracy of all information entered into MITS.  Any misstatements or omissions may be considered a license violation affecting public safety.
2.	Use of Another User’s Login Prohibited. Individuals entering data into the MITS system shall only use that individual’s MITS account.  
3.	Loss of System Access. If at any point a Medical Marijuana Business loses access to MITS for any reason, the Medical Marijuana Business must keep and maintain comprehensive records detailing all Medical Marijuana and Medical Marijuana-Infused Product tracking inventory activities that were conducted during the loss of access.  See Rule M 901 – Business Records Required.  Once access is restored, all Medical Marijuana and Medical Marijuana- Infused Product inventory tracking activities that occurred during the loss of access must be entered into MITS. A Medical Marijuana Business must document when access to the system was lost and when it was restored. A Medical Marijuana Business shall not transport any Medical Marijuana or Medical Marijuana-Infused Product to another Medical Marijuana Business until such time as access is restored and all information is recorded into MITS.
H.	System Notifications
1.	Compliance Notifications.  A Medical Marijuana Business must monitor all compliance notifications from MITS.  The Licensee must resolve the issues detailed in the compliance notification in a timely fashion. Compliance notifications shall not be dismissed in MITS until the Medical Marijuana Business resolves the compliance issues detailed in the notification.  
2.	Informational Notifications.  A Medical Marijuana Business must take appropriate action in response to informational notifications received through MITS, including but not limited to notifications related to RFID billing, enforcement alerts, and other pertinent information. 
I.	Lawful Activity Required.   Proper use of MITS does not relieve a Licensee of its responsibility to maintain compliance with all laws, rules, and other requirements at all times.
J.	MITS Procedures Must Be Followed.  A Medical Marijuana Business must utilize MITS in conformance with these rules and MITS procedures
K.	Transition Period. Notwithstanding any other rule, a Medical Marijuana Business shall not be required to utilize MITS until that Medical Marijuana Business has a MITS Trained Administrator and has accounted for all of its on-hand Medical Marijuana and Medical Marijuana-Infused Product in MITS.  Until that time, a Medical Marijuana Business must ensure that its books and records are maintained in such a manner that its entire inventory is fully accounted for, which includes tracking all Medical Marijuana from seed, cutting or receipt to sale or transfer and all Medical Marijuana-Infused Products from manufacture or receipt to sale or transfer.  Additionally, a Medical Marijuana Business must obtain a valid transport manifest from the Division, which must carried by a Licensee transporting any Medical Marijuana or Medical Marijuana-Infused Products at all times.   This rule, M 309.K, will be considered ineffective on January 1, 2014, at which time all Medical Marijuana Businesses will be required to comply with all MTIS rules and procedures.

M 400 Series – Medical Marijuana Centers

Basis and Purpose – M 401
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-310(4), C.R.S.  The purpose of this rule is to establish that it is unlawful for a Medical Marijuana Center Licensee to exercise any privileges other than those granted by the State Licensing Authority, and to clarify the license privileges. 
M 401 – Medical Marijuana Center: License Privileges 
A.	Privileges Granted. A Medical Marijuana Center shall only exercise those privileges granted to it by the State Licensing Authority.  
B.	Licensed Premises. To the extent authorized by Rule M 304 – Medical Marijuana Business and Retail Marijuana Establishment – Shared Licensed Premises and Operational Separation, a Medical Marijuana Center may share a location with a commonly-owned Retail Marijuana Store.  However, a separate license is required for each specific business or business entity, regardless of geographical location.  
C.	Authorized Sources of Medical Marijuana. A Medical Marijuana Center may only sell Medical Marijuana that it has purchased from an Optional Premises Cultivation Operation or that the center has cultivated itself, after first obtaining an Optional Premises Cultivation Operation License. See Rule M 501 – Optional Premises Cultivation Operation: License Privileges. 
D.	Authorized Sources of Medical Marijuana-Infused Product Inventory. A Medical Marijuana Center may sell Medical Marijuana-Infused Product that it has purchased from a Medical Marijuana-Infused Products Manufacturer, so long as each product are pre-packaged and labeled upon purchase from the manufacturer.
E.	Samples Provided for Testing. A Medical Marijuana Center may provide Samples of its products for testing and research purposes to a Retail Marijuana Testing Facility that has obtained a vendor registration and an Occupational License to test and research Medical Marijuana for testing and research purposes.  The Medical Marijuana Center shall maintain the testing results as part of its business books and records.  See Rule R 901 – Business Records Required.
F.	Authorized On-Premises Storage.  A Medical Marijuana Center is authorized to store inventory on the Licensed Premises.  All inventory stored on the Licensed Premises must be secured in a Limited Access Area or Restricted Access Area, and tracked consistently with the inventory tracking rules.  

Basis and Purpose – M 402
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-310(4), C.R.S.  The purpose of this rule is to establish that a Medical Marijuana Center can only grow Medical Marijuana in its Optional Premises Cultivation Operation for a patient that has designated that Medical Marijuana Center as being his or her primary center.  The rule also helps to ensure that Medical Marijuana plants designated to a particular patient are only being grown at one Medical Marijuana Center.  
M 402 – Registration of a Primary Medical Marijuana Center
A.	Patient Designation Required.  A Medical Marijuana Center may only grow Medical Marijuana plants for patients who have designated the Medical Marijuana Center as being his or her primary center..
B.	Change Only Allowed Every 30 Days.  A Medical Marijuana Center shall not register a patient as being the patient’s primary center if the patient has designated another Medical Marijuana Center as his or her primary center in the preceding 30 days. The Medical Marijuana Center and its employees must require a patient to sign in writing that he or she has not designated another Medical Marijuana Center as his or her primary center before growing medical marijuana plants on behalf of the patient.  
A.	Required Questions.  A Medical Marijuana Center must maintain a written record of the following questions and their answers at the time a patient indicates a desire to designate said center as his or her primary center:
1.	Questions to the patient:
a.	Which Medical Marijuana Center is currently the patient’s primary center; and
b.	How many plants is the patient’s current primary center is cultivating for that patient.  
2.	Questions to the current primary center:
a.	How many plants is the Medical Marijuana Center cultivating for the patient; and
b.	How many of the patient’s plants has the Medical Marijuana Center harvested.
B.	Other Requirements. The new primary center shall also maintain written authorization from the patient and any relative plant count waivers to support the number of plants designated for that patient.
 
Basis and Purpose – M 403
The statutory authority for this rule is found at subsections 12-43.3-103(2)(b), 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)(XX), 12-43.3-310(7),  and 12-43.3-310(4), and section 12-43.3-201, C.R.S.  The purpose of this rule is to clarify those acts that are prohibited, or limited in some fashion, by a licensed Medical Marijuana Center.  This rule also restricts the amount of its inventory a Medical Marijuana Center may sell to other Medical Marijuana Businesses to 30 percent.
M 403 – Medical Marijuana Sales: General Limitations or Prohibited Acts
A.	Transactions Must Occur During Statutory Business Hours.  During the hours established in section 12-43.3-901(4)(l), C.R.S., Medical Marijuana may be sold to other licensed Medical Marijuana Centers or licensed Medical Marijuana-Infused Products Manufacturers, under the following conditions:
B.	30 Percent Rule.  Pursuant to section 12-43.3-402(4), C.R.S., a Medical Marijuana Center may purchase not more than thirty percent of its total on-hand medical marijuana inventory from another licensed Medical Marijuana Center in Colorado. A Medical Marijuana Center may sell no more than thirty percent of its total on-hand Medical Marijuana inventory to another Medical Marijuana Center.
Total on-hand inventory as used in section 12-43.3-402(4), C.R.S., shall only include Medical Marijuana grown on the Medical Marijuana Center’s dedicated Optional Premises Cultivation Operation that has been processed and the total amount or quantity has been accounted for in the licensed Medical Marijuana Center’s inventory during the previous calendar year, or in the case of a newly licensed business, its first 12 months of business.  For purposes of this rule, a calendar year means January 1st to December 31st. 
C.	Medical Marijuana-Infused Products Manufacturers.  A Medical Marijuana Center may also contract for the manufacture of Medical Marijuana-Infused Product with Medical Marijuana-Infused Product Licensees utilizing a contract as provided for in Rule M 602 – Medical Marijuana-Infused Products Manufacturer: General or Prohibited Acts (Infused Product Contracts).  Medical Marijuana distributed to a Medical Marijuana-Infused Products Manufacturer by a Medical Marijuana Center pursuant to such a contract for use solely in Medical Marijuana-Infused Product(s) that are returned to the contracting Medical Marijuana Center shall not be included for purposes of determining compliance with subsection A.
D.	Consumption Prohibited. Licensees shall not permit the consumption of marijuana or a marijuana product on the Licensed Premises. 
E.	Quantity Limitations On Sales.  A Medical Marijuana Center and its employees are prohibited from selling more than two ounces of Medical Marijuana or its equivalent in Medical Marijuana-Infused Product during a single sales transaction to a patient unless otherwise authorized by a physician. 
F.	Licensees May Refuse Sales.  Nothing in these rules prohibits a Licensee from refusing to sell Medical Marijuana or Medical Marijuana-Infused Product to a patient.
G.	Storage and Display Limitations. A Medical Marijuana Center shall not display Medical Marijuana and Medical Marijuana-Infused Product outside of a designated Restricted Access Area or in a manner in which Medical Marijuana or Medical Marijuana-Infused Product can be seen from outside the Licensed Premises.  Storage of Medical Marijuana and Medical Marijuana-Infused Product shall otherwise be maintained in Limited Access Areas or Restricted Access Area.  
H.	Sale of Expired Product Prohibited.  A Medical Marijuana Center shall not sell any expired Medical Marijuana-Infused Product.

Basis and Purpose – M 404
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(a)(VII), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to establish that a Medical Marijuana Center must control and safeguard access to certain areas where Medical Marijuana and Medical Marijuana-Infused Product will be sold, and to prevent diversion to non-patients. 
M 404 – Point of Sale: Restricted Access Area 
A.	Identification of Restricted Access Area. All areas where Medical Marijuana or Medical Marijuana-Infused Product are sold, possessed for sale, displayed or dispensed for sale shall be identified as a Restricted Access Area and shall be clearly identified by the posting of a sign which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than a half inch in height, which shall state, “Restricted Access Area – Only Medical Marijuana Patients Allowed.”
B.	Patients in Restricted Access Area. The Restricted Access Area must be supervised by a Licensee at all times when patients are present to ensure that only persons with a valid patient registry card or a caregivers permitted to deliver Medical Marijuana to homebound patients as permitted by section 25-1.5-106(7)(d), C.R.S.  When allowing a patient or caregiver access to a Restricted Access Area, Occupational Licensees shall make reasonable efforts to limit the number of patients in relation to the number of Occupational Licensees in the Restricted Access Area at any time.    
C.	Display of Medical Marijuana and Medical Marijuana-Infused Products. The display of Medical Marijuana or Medical Marijuana-Infused Product for sale is allowed only in Restricted Access Areas.   Any product displays that are readily accessible to the customer must be supervised by the Occupational Licensee at all times when customers are present. 

Basis and Purpose – M 405
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XX), and 12-43.3-402(5),  C.R.S.  The Medical Code requires Medical Marijuana Center employees to verify that the purchaser has a valid registration card issued pursuant to section 25-1.5-106, C.R.S., and a valid picture identification card that matches the name on the registration card.  Accordingly, this rule was adopted to explain exactly what types of picture identification cards can be accepted.  Not only will this rule alleviate any confusion on the part of Medical Marijuana Center employees, but it will help reduce the amount of fraudulent transactions, thereby helping to maintain the integrity of Colorado’s Medical Marijuana Businesses.
M 405 – Acceptable Forms of Identification for Medical Marijuana Sales 
A.	When Sales Allowed. Medical Marijuana Centers shall only sell Medical Marijuana to any patient or caregiver permitted to deliver Medical Marijuana to homebound patients as permitted by section 25-1.5-106(7)(d), C.R.S., if the patient or caregiver can produce:
1.	A valid patient registry card and adequate, currently valid proof of identification; or
2.	A copy of a current and complete new application for the Medical Marijuana registry that is documented by a certified mail return receipt as having been submitted to the Colorado Department of Public Health and Environment  within the preceding thirty-five days and adequate, currently valid proof of identification.  
B.	Acceptable Forms of Identification. As long as it contains a picture and date of birth, the kind and type of identification deemed adequate shall be limited to the following:
1.	An operator's, chauffeur's or similar type driver's license, issued by any state within the United States, any U.S. Territory; 
2.	An identification card, issued by any state for the purpose of proof of age using requirements similar to those in sections 42-2-302 and 42-2-303, C.R.S.; 
3.	A United States military identification card;
4.	A passport; or
5.	Enrollment card issued by the governing authority of a federally recognized Indian tribe located in the state of Colorado, if the enrollment card incorporates proof of age requirements similar to sections 42-2-302 and 42-2-303, C.R.S. 
C.	Physical Inspection Required. A Licensee must physically view and inspect the patient or caregiver’s registry card and proof of identification to confirm the information contained on the documents and also to judge the authenticity of the documents presented.

Basis and Purpose – M 406
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to require all Medical Marijuana-Centers to track all inventory from the point it is received to the point of sale or transfer to another Medical Marijuana Center.
M 406 – Medical Marijuana Center: Marijuana Inventory Tracking Solution (MITS)
A.	Minimum Tracking Requirement. Medical Marijuana Centers must use MITS to ensure its Medical Marijuana and Medical Marijuana-Infused Product are identified and tracked from the point they are transferred from an Optional Premises Cultivation Operation or Medical Marijuana-Infused Products Manufacturer through the point of sale.  See also Rule M 309 – MITS. Medical Marijuana Center: Marijuana Inventory Tracking Solutions.  The Retail Marijuana Store must have the ability to reconcile its inventory records with MITS and the associated transaction history and sale receipts.  See also Rule R 901 – Business Records Required.
1.	A Medical Marijuana Center is prohibited from accepting any Medical Marijuana or Medical Marijuana-Infused Product from an Optional Premises Cultivation Operation or Medical Marijuana-Infused Products Manufacturer without receiving a valid transport manifest generated from MITS.
2.	A Medical Marijuana Center must immediately input all Medical Marijuana or Medical Marijuana-Infused Product delivered to the Licensed Premises, accounting for all RFID tags, into MITS at the time of delivery from an Optional Premises Cultivation Operation or Medical Marijuana-Infused Products Manufacturer.
3.	A Medical Marijuana Center must immediately account for all Medical Marijuana sold or transferred to another Medical Marijuana Center in MITS.
4.	A Medical Marijuana Center must reconcile transactions from their point of sale processes and on-hand inventory to MITS at the close of business each day.

Basis and Purpose – M 407
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to establish minimum health and safety regulation for Medical Marijuana Centers.  It sets forth general standards and basic sanitary requirements for Medical Marijuana Centers.  It covers the physical premises where the products are made as well as the individuals handling the products.  The State Licensing Authority modeled this rule after those adopted by the Colorado Department of Public Health and Environment.  The State Licensing Authority intends this rule to help maintain the integrity of Colorado’s Medical Marijuana Centers. 
M 407 - Health and Safety Regulations: Medical Marijuana Center
A.	Local Safety Inspections. Licensees may be subject to inspection of the Medical Marijuana Center by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection could result in additional specific standards to meet local jurisdiction restrictions related to Medical Marijuana. An annual fire safety inspection may result in the required installation of fire suppression devices, or other means necessary for adequate fire safety.
B.	Sanitary Conditions.  The Licensee shall take all reasonable measures and precautions to ensure the following:
1.	That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Medical Marijuana and Medical Marijuana-Infused Product shall be excluded from any operations which may be expected to result in contamination until the condition is corrected; 
2.	That hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the Licensed Premises and where good sanitary practices require employees to wash or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;
3.	That all persons working in direct contact with Medical Marijuana and Medical Marijuana-Infused Product shall conform to hygienic practices while on duty, including but not limited to:
a.	Maintaining adequate personal cleanliness;
b.	Washing hands thoroughly in an adequate hand-washing area(s) before starting work and at any other time when the hands may have become soiled or contaminated; and
c.	Refraining from having direct contact with Medical Marijuana and Medical Marijuana-Infused Product if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected.
4.	That litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where Medical Marijuana and Medical Marijuana-Infused Product are exposed;
5.	That floors, walls, and ceilings are constructed in such a manner that they may be adequately cleaned and each is kept clean and in good repair;
6.	That there is adequate lighting in all areas where Medical Marijuana and Medical Marijuana-Infused Product are stored or sold, and where equipment or utensils are cleaned;
7.	That the Licensee provides adequate screening or other protection against the entry of pests.  Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests;
8.	That any buildings, fixtures, and other facilities are maintained in a sanitary condition;
9.	That toxic cleaning compounds, sanitizing agents, and other potentially harmful chemicals are identified, held, and stored in a manner that protects against contamination of Medical Marijuana and Medical Marijuana-Infused Product and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation or ordinance; 
10.	That each Medical Marijuana Center provides its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and
11.	That Medical Marijuana and Medical Marijuana-Infused Product that can support the rapid growth of undesirable microorganisms are held in a manner that prevents the growth of these microorganisms.

500 Series – Medical Marijuana Optional Premises Cultivation Operations

Basis and Purpose –M 501
The statutory authority for this rule is found at subsections 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)(XX), 12-43.3-310(7), and 12-43.3-310(4), C.R.S.  The purpose of this rule is to establish that it is unlawful for an Optional Premises Cultivation Operation to exercise any privileges other than those granted by the State Licensing Authority, and to clarify the license privileges. 
M 501 – Medical Marijuana Optional Premises Cultivation Operation: License Privileges 
A.	Privileges Granted. A Medical Marijuana Optional Premises Cultivation Operation shall only exercise those privileges granted to it by the State Licensing Authority.  
B.	Licensed Premises. To the extent authorized by Rule M 304 – Medical Marijuana Business and Retail Marijuana Establishment – Shared Licensed Premises and Operational Separation, a Medical Marijuana Optional Premises Cultivation Facility may share a location with a commonly-owned Retail Marijuana Cultivation Facility.  However, a separate license is required for each specific business entity regardless of geographical location.  
C.	Cultivation of Medical Marijuana Authorized.  A Medical Marijuana Optional Premises Cultivation Operation may Propagate,, cultivate, harvest, prepare, cure, package, store, and label Medical Marijuana, whether in concentrated form or otherwise.  
D.	Authorized Sales. A Medical Marijuana Optional Premises Cultivation Operation may only transfer Medical Marijuana to the Medical Marijuana Center or Medical Marijuana Infused Products Manufacturer it is designated to pursuant to section 12-43.3-403, C.R.S.
E.	Packaging Processed Medical Marijuana.  Processed Medical Marijuana plants shall be packaged in units of one pound or less and labeled pursuant to Rule M 1002 - Labeling Requirements: General Requirements  and securely sealed in a tamper-evident manner.  The packages must be transported to the Medical Marijuana Business within 48 hours and recorded as inventory at the receiving Medical Marijuana Business.
Basis and Purpose – M 502
The statutory authority for this rule is found at subsections 12-43.3-103(2)(b), 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)(XX), 12-43.3-310(7), and 12-43.3-310(4), and section 12-43.3-201, C.R.S.  The purpose of this rule is to clarify what activity is or is not allowed at an Optional Premises Cultivation Operation.  
M 502 – Medical Marijuana Optional Premises Cultivation Operation: General Limitations or Prohibited Acts
A.	Transfer Restriction.  An Optional Premises Cultivation Operation may only transfer Medical Marijuana to its commonly-owned Medical Marijuana Center.
B.	Packaging and Labeling Standards Required.  An Optional Premises Cultivation Operation is prohibited from selling Medical Marijuana that is not packaged and labeled in accordance with these rules.   See Rules M 1001 – Packaging Requirements: General Requirements and M 1002 – Labeling Requirements: General Requirements. 
C.	Sale to Patient Prohibited. An Optional Premises Cultivation Operation is prohibited from selling Medical Marijuana to a patient.
D.	Consumption Prohibited.  An Optional Premises Cultivation Operation shall not permit the consumption of marijuana or marijuana products on its Licensed Premises. 

Basis and Purpose – M 503
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to eliminate diversion of Medical Marijuana.
M 503 – Medical Marijuana Optional Premises Cultivation Operation: Marijuana Inventory Tracking Solution (MITS)
A.	Minimum Tracking Requirement. An Optional Premises Cultivation Operation must use MITS to ensure its inventories are identified and tracked from the point Medical Marijuana is Propagated from seed or cutting to the point when it is delivered to a Medical Marijuana Business. See also Rule M 309, Medical Marijuana Business: Marijuana Inventory Tracking Solution (MITS).  An Optional Premises Cultivation Operation must have the ability to reconcile its inventory records generated from MITS and the associated transaction history and sale receipts.  See also Rule M 901 – Business Records Required.
1.	An Optional Premises Cultivation Operation is prohibited from accepting any Medical Marijuana from another Medical Marijuana Optional Premises Cultivation Operation without receiving a valid transport manifest generated from MITS.
2.	An Optional Premises Cultivation Operation must immediately input all Medical Marijuana delivered to its Licensed Premises and account for all RFID tags into MITS at the time of delivery from another Medical Marijuana Optional Premises Cultivation Facility.
3.	An Optional Premises Cultivation Operation must reconcile its transaction history and on-hand Medical Marijuana to MITS at the close of business each day.

Basis and Purpose – M 504
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to establish minimum health and safety regulation for Optional Premises Cultivation Operations. The State Licensing Authority intends this rule to help maintain the integrity of Colorado’s Medical Marijuana Businesses.

M 504 – Optional Premises Cultivation Operation: Health and Safety Regulations 
A.	Local Safety Inspections. An Optional Premises Cultivation Operation may be subject to inspection of its Licensed Premises by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection could result in additional specific standards to meet local licensing authority restrictions related to Medical Marijuana or other local businesses.  An annual fire safety inspection may result in the required installation of fire suppression devices, or other means necessary for adequate fire safety.
B.	General Sanitary Requirements.  An Optional Premises Cultivation Operation shall take all reasonable measures and precautions to ensure the following:
1.	That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Medical Marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected; 
2.	That all persons working in direct contact with Medical Marijuana shall conform to hygienic practices while on duty, including but not limited to:
a.	Maintaining adequate personal cleanliness;
b.	Washing hands thoroughly in an adequate hand-washing area(s) before starting work and at any other time when the hands may have become soiled or contaminated; 
c.	Hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the Licensed Premises and where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices; and 
d.	Refraining from having direct contact with Medical Marijuana if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected.
3.	That litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where Medical Marijuana is exposed;
4.	That floors, walls, and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair;
5.	That there is adequate lighting in all areas where Medical Marijuana is stored and where equipment or utensils are cleaned;
6.	That the Licensee provides adequate screening or other protection against the entry of pests.  Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests;
7.	That any buildings, fixtures, and other facilities are maintained in a sanitary condition;
8.	That toxic cleaning compounds, sanitizing agents, solvents used in the production of Medical Marijuana concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of Medical Marijuana, and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance; 
9.	That all contact surfaces, including utensils and equipment used for the preparation of Retail Marijuana or Retail Marijuana Product, shall be cleaned and sanitized as frequently as necessary to protect against contamination.  Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Environmental Protection Agency shall be used in Retail Marijuana Products Manufacturing Facilities and used in accordance with labeled instructions;
10.	That the water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system.  Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility’s needs;  
11.	That plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid disposable waste from the facility.  There shall be no cross-connections between the potable and waste water lines;  
12.	That all operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of Retail Marijuana or Retail Marijuana Product shall be conducted in accordance with adequate sanitation principles;
13.	That each Optional Premises Cultivation Operation shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and
14.	That Medical Marijuana that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.
C.	Sanitary Requirements for Concentrate Production.  If an Optional Premises Cultivation Operation produces Medical Marijuana concentrates, all areas in which those concentrates are produced shall be subject to all of sanitary requirements for a Medical Marijuana Infused-Products Manufacturer.  See Rule M 605 – Sanitary Requirements: Medical Marijuana-Infused Products Manufacturers.
D.	Prohibited Chemicals. The following chemicals shall not be used in Medical Marijuana cultivation. Possession of chemicals and/or containers from these chemicals upon the Licensed Premises shall be a violation of this rule.  Prohibited chemicals are:
Chemical Name
CAS Registry Number (or EDF Substance ID) 
ALDRIN
309-00-2
ARSENIC OXIDE (3)
1327-53-3
ASBESTOS (FRIABLE)
1332-21-4
AZODRIN
6923-22-4
1,4-BENZOQUINONE, 2,3,5,6-TETRACHLORO-
118-75-2
BINAPACRYL
485-31-4
2,3,4,5-BIS (2-BUTENYLENE) TETRAHYDROFURFURAL
126-15-8
BROMOXYNIL BUTYRATE 
EDF-186
CADMIUM COMPOUNDS 
CAE750
CALCIUM ARSENATE [2ASH3O4.2CA]
7778-44-1
CAMPHECHLOR
8001-35-2
CAPTAFOL
2425-06-1
CARBOFURAN
1563-66-2
CARBON TETRACHLORIDE
56-23-5
CHLORDANE
57-74-9
CHLORDECONE (KEPONE)
143-50-0
CHLORDIMEFORM
6164-98-3
CHLOROBENZILATE
510-15-6
CHLOROMETHOXYPROPYLMERCURIC ACETATE [CPMA] EDF-183
COPPER ARSENATE
10103-61-4
2,4-D, ISOOCTYL ESTER
25168-26-7
DAMINOZIDE
1596-84-5
DDD
72-54-8
DDT
50-29-3
DI(PHENYLMERCURY)DODECENYLSUCCINATE [PMDS] EDF-
187
1,2-DIBROMO-3-CHLOROPROPANE (DBCP)
96-12-8
1,2-DIBROMOETHANE
106-93-4
1,2-DICHLOROETHANE
107-06-2
DIELDRIN
60-57-1
4,6-DINITRO-O-CRESOL
534-52-1
DINITROBUTYL PHENOL
88-85-7
ENDRIN
72-20-8
EPN
2104-64-5
ETHYLENE OXIDE
75-21-8
FLUOROACETAMIDE
640-19-7
GAMMA-LINDANE
58-89-9
HEPTACHLOR
76-44-8
HEXACHLOROBENZENE
118-74-1
1,2,3,4,5,6-HEXACHLOROCYCLOHEXANE (MIXTURE OF ISOMERS)
608-73-1
1,3-HEXANEDIOL, 2-ETHYL-
94-96-2
LEAD ARSENATE
7784-40-9
LEPTOPHOS
21609-90-5
MERCURY
7439-97-6
METHAMIDOPHOS
10265-92-6
METHYL PARATHION
298-00-0
MEVINPHOS
7786-34-7
MIREX
2385-85-5
NITROFEN
1836-75-5
OCTAMETHYLDIPHOSPHORAMIDE
152-16-9
PARATHION
56-38-2
PENTACHLOROPHENOL
87-86-5
PHENYLMERCURIC OLEATE [PMO] 
EDF-185
PHOSPHAMIDON
13171-21-6
PYRIMINIL
53558-25-1
SAFROLE
94-59-7
SODIUM ARSENATE
13464-38-5
SODIUM ARSENITE
7784-46-5
2,4,5-T
93-76-5
TERPENE POLYCHLORINATES (STROBANE6)
8001-50-1
THALLIUM(I) SULFATE
7446-18-6
2,4,5-TP ACID (SILVEX)
93-72-1
TRIBUTYLTIN COMPOUNDS 
EDF-184
2,4,5-TRICHLOROPHENOL
95-95-4
VINYL CHLORIDE
75-01-4
E.	The use of Dimethylsulfoxide (DMSO) in the production of Medical Marijuana shall be prohibited and possession of DMSO upon the Licensed Premises is prohibited.
F.	That all sanitary requirements shall also apply to any Occupational Licensee making Medical Marijuana concentrates on the Licensed Premises.
G.	Medical Marijuana Optional Premises Cultivation Operations may only produce water based Medical Marijuana concentrates on its Licensed Premises and only in an area so designated clearly on the current diagram of the Licensed Premises. See Rule M 901- Business Records Required.  A Medical Marijuana Optional Premises Cultivation Operation is prohibited from engaging in any other method of extraction.

Basis and Purpose – M 505
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), 12-43.3-202(2)(a)(XX), 12-43.3-402(6), and 12-43.3-404(10), C.R.S.  The purpose of this rule is to permit laboratory testing of Medical Marijuana and establish minimum health and safety regulation for Optional Premises Cultivation Operation. The State Licensing Authority intends this rule to help maintain the integrity of Colorado’s Medical Marijuana Businesses. 
M 505 – Optional Premises Cultivation Operation: Testing 
A.	Samples on Demand. Medical Marijuana Optional Premises Cultivation Operation shall, upon request of the Division, submit a sufficient quantity of Medical Marijuana to a Retail Marijuana Testing Facility to enable laboratory or chemical analysis thereof. The Division will notify the Licensee of the results of the analysis.  See Rule M. 309 – Medical Marijuana Business: Marijuana Inventory Tracking Solution (MITS) and Rule M 901 – Business Records Required.
B.	Samples Provided for Testing. A Medical Marijuana Optional Premises Cultivation Operation may provide Samples of its Medical Marijuana to a Retail Marijuana Testing Facility with a vendor certification and Occupational License for Medical Marijuana testing and research.  See Rule M 701- Vendor Registration and Occupational License for Medical Marijuana Testing and Research.  The Optional Premises Cultivation Operation shall maintain the testing results as part of its business books and records.  See Rule M 901 – Business Records Required. 

M 600 Series – Medical Marijuana-Infused Products Manufacturers

Basis and Purpose – M 601 
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), and section 12-43.3-404, C.R.S. The purpose of this rule is to establish that it is unlawful for a Medical Marijuana-Infused Products Manufacturer to exercise any privileges other than those granted by the State Licensing Authority and to clarify the license privileges.  
M 601 – Medical Marijuana-Infused Products Manufacturer: License Privileges 
A.	Privileges Granted. A Medical Marijuana-Infused Products Manufacturer shall only exercise those privileges granted to it by the State Licensing Authority.  
B.	Licensed Premises. A separate license is required for each specific business or business entity and geographical location.  A Retail Marijuana Products Manufacturing Facility may share a location with a commonly owned Medical Marijuana-Infused Products Manufacturer.  However, a separate license is required for each specific business or business entity, regardless of geographical location.
C.	Sales Restricted. A Medical Marijuana-Infused Products Manufacturer may only sell its own Medical Marijuana-Infused Product to Medical Marijuana Centers.
D.	Manufacture of Medical Marijuana-Infused Product Authorized.  A Medical Marijuana-Infused Products Manufacturer may manufacture, prepare, package, and label Medical Marijuana-Infused Product, whether in concentrated form or that are comprised of Medical Marijuana and other ingredients intended for use or consumption, such as edible products, ointments, or tinctures.
E.	Location Prohibited. A Retail Medical Marijuana-Infused Products Manufacturer may not manufacture, prepare, package, store, or label Medical Marijuana-Infused Product in a location that is operating as a retail food establishment or a wholesale food registrant.
F.	Samples Provided for Testing. A Medical Marijuana-Infused Products Manufacturer may provide samples of its Medical Marijuana-Infused Product to a Retail Marijuana Testing Facility that has obtained an Occupational License to test and research Medical Marijuana for testing and research purposes. The Medical Marijuana-Infused Products Manufacturer shall maintain the testing results as part of its business books and records.

Basis and Purpose – M 602
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XX), and  12-43.3-404(3), C.R.S.  The Medical Code sets forth minimum requirements for written agreements between Medical Marijuana-Infused Products Manufacturers and Medical Marijuana Centers.  Specifically, the written agreements must set forth the total amount of Medical Marijuana obtained from a Medical Marijuana Center licensee to be used in the manufacturing process, and the total amount of Medical Marijuana-Infused Product to be manufactured from the Medical Marijuana obtained from the Medical Marijuana Center.  This rule clarifies that the Division must approve such written agreements to ensure they meet those requirements. 
M 602 – Medical Marijuana-Infused Products Manufacturer: General Limitations or Prohibited Acts
A.	 Contract Required. Any contract required pursuant to section 12-43.3-404(3), C.R.S., shall contain such minimum requirements as to form and substance as required by statute.  All contracts need to be current and available for inspection on the Licensed Premises by the Division when requested.  See Rule M 901 – Business Records and Reporting.
B.	Packaging and Labeling Standards Required.  A Medical Marijuana-Infused Products Manufacturer is prohibited from selling Medical Marijuana-Infused Product that are not properly packaged and labeled.  See M 1000 Series – Labeling, Packaging, and Product Safety.
C.	Sale to Consumer Prohibited. A Medical Marijuana-Infused Products Manufacturer is prohibited from selling Medical Marijuana or Medical Marijuana-Infused Product to a consumer.
D.	Consumption Prohibited.  A Medical Marijuana-Infused Products Manufacturer shall not permit the consumption of marijuana or marijuana products on its Licensed Premises.
E.	Adequate Care of Perishable Product.  A Medical Marijuana-Infused Products Manufacturer must provide adequate refrigeration for perishable Medical Marijuana-Infused Product that will be consumed and shall utilize adequate storage facilities and transport methods.
F.	Homogeneity of Edible Retail Marijuana Product.  A Medical Marijuana-Infused Products Manufacturer must ensure that its manufacturing processes are designed so that the cannabinoid content of any Edible Medical Marijuana-Infused Product is homogenous.

Basis and Purpose – M 603
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), and section 12-43.3-404, C.R.S.  The purpose of this rule is to require all Medical Marijuana-Infused Products Manufacturers to track all inventory from the point it is received, through any manufacturing processes, to the point of sale or transfer to another Medical Marijuana Business.  
M 603 – Medical Marijuana-Infused Products Manufacturer: Marijuana Inventory Tracking Solution (MITS) 
A.	Minimum Tracking Requirement. A Medical Marijuana-Infused Products Manufacturer must use MITS to ensure its inventories are identified and tracked from the point they are transferred from a commonly owned Optional Premises Cultivation Operation or Medical Marijuana Center through wholesale transaction or transfer.  See also Rule M 309 – Medical Marijuana Business: Marijuana Inventory Tracking Solution (MITS).  A Medical Marijuana-Infused Products Manufacturer must have the ability to reconcile its inventory records with MITS and the associated transaction history and sale receipts.  See also Rule M 901 – Business Records Required.
1.	A Medical Marijuana-Infused Products Manufacturer is prohibited from accepting any Medical Marijuana from any Optional Premises Cultivation Operation without receiving a valid transport manifest generated from MITS.
2.	A Medical Marijuana-Infused Products Manufacturer must immediately input all Medical Marijuana delivered to the Licensed Premises, accounting for all RFID tags, into MITS at the time of delivery from a commonly owned Optional Premises Cultivation Operation or to a Medical Marijuana Center.
3.	A Medical Marijuana-Infused Products Manufacturer must reconcile transactions to MITS at the close of business each day.

Basis and Purpose – M 604
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), and section 12-43.3-404, C.R.S. The purpose of this rule is to establish minimum health and safety regulations for Medical Marijuana-Infused Products Manufacturers.  It sets forth general standards and basic sanitary requirements for Medical Marijuana-Infused Products Manufacturers.  It covers the physical premises where the products are made as well as the individuals handling the products.  The State Licensing Authority modeled this rule after those adopted by the Colorado Department of Public Health and Environment.  The State Licensing Authority intends this rule to help maintain the integrity of Colorado’s Medical Marijuana Businesses and the safety of the public.
M 604 – Medical Marijuana-Infused Products Manufacturer: Health and Safety Regulations 
A.	General Standards
1.	A Medical Marijuana-Infused Products Manufacturer may be subject to inspection by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection could result in additional specific standards to meet local jurisdiction restrictions related to Medical Marijuana. An annual fire safety inspection may result in the required installation of fire suppression devices, or other means necessary for adequate fire safety.
2.	A Medical Marijuana-Infused Products Manufacturer that manufacturers Edible Medical Marijuana-Infused Product shall comply with all kitchen-related health and safety standards of the relevant local licensing authority and, to the extent applicable, with all Colorado Department of Public Health and Environment health and safety regulations applicable to retail food establishments, as set forth in 6 CCR 1010-2.
B.	General Sanitary Requirements. The Licensee shall take all reasonable measures and precautions to ensure the following:
1.	That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with preparation surfaces for Medical Marijuana or Medical Marijuana-Infused Product shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected; 
2.	That hand-washing facilities shall be adequate and convenient and be furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the facility and/or in Medical Marijuana-Infused Product preparation areas and where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices; 
3.	That all persons working in direct contact with preparation of Medical Marijuana or Medical Marijuana-Infused Product shall conform to hygienic practices while on duty, including but not limited to:
a.	Maintaining adequate personal cleanliness;
b.	Washing hands thoroughly in an adequate hand-washing area(s) before starting work and at any other time when the hands may have become soiled or contaminated; and
c.	Refraining from having direct contact with preparation of Medical Marijuana or Medical Marijuana-Infused Product if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected.
4.	That there is sufficient space for placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations for production of Medical Marijuana or Medical Marijuana-Infused Product;
5.	That litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where Medical Marijuana or Medical Marijuana-Infused Product are exposed;
6.	That floors, walls, and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair;
7.	That there is adequate safety-type lighting in all areas where Medical Marijuana or Medical Marijuana-Infused Product are processed or stored and where equipment or utensils are cleaned;
8.	That the facility provides adequate screening or other protection against the entry of pests.  Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests;
9.	That any buildings, fixtures, and other facilities are maintained in a sanitary condition;
10.	That all contact surfaces, including utensils and equipment used for the preparation of Medical Marijuana or Medical Marijuana-Infused Product, shall be cleaned and sanitized as frequently as necessary to protect against contamination.  Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Environmental Protection Agency shall be used in Medical Marijuana-Infused Products Manufacturer and used in accordance with labeled instructions;
11.	That toxic cleaning compounds, sanitizing agents, solvents used in the production of Medical Marijuana concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of Medical Marijuana or Medical Marijuana-Infused Product, and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation or ordinance;
12.	That the water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system.  Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility’s needs;  
13.	That plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid disposable waste from the facility.  There shall be no cross-connections between the potable and waste water lines;  
14.	That each Medical Marijuana-Infused Products Manufacturer shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair;
15.	That all operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of Medical Marijuana or Medical Marijuana-Infused Product shall be conducted in accordance with adequate sanitation principles;
16.	That Medical Marijuana or Medical Marijuana-Infused Product that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms; and
17.	That storage and transport of finished Medical Marijuana-Infused Product shall be under conditions that will protect products against physical, chemical, and microbial contamination as well as against deterioration of any container.

M 700 Series – Retail Marijuana Testing Facilities with Medical Marijuana Vendor Registration and Key Occupational Licensure to Test and Research Medical Marijuana

Basis and Purpose – M 701
The statutory basis for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), 12-43.3-202(2)(a)(XX), 12-43.3-402(6), and 12-43.3-404(10), C.R.S.  The purpose of this rule is to clarify the means by which the Division may utilize to ensure Medical Marijuana and Medical Marijuana-Infused Product are safe for patient consumption and that any Medical Marijuana or Medical Marijuana-Infused Product sold for human consumption do not contain contaminants that are injurious to health, and to help ensure sufficient and correct labeling.  
M 701 – Vendor Registration and Occupational License for Medical Marijuana Testing and Research
A.	Occupational License For Testing and Research  
1.	If a Retail Marijuana Testing Facility wishes to test and research Medical Marijuana, it shall first:
a.	Complete a current Division application, pay all applicable fees and obtain a registration as a vendor;
b.	Complete a current Division application, pay all applicable fees and obtain an Occupational License for at least one Owner to engage in testing and research.
2.	The vendor registration and Occupational License referenced in this rule may only be granted to or held by a Retail Marijuana Testing Facility whose license and certification are current, valid and in good standing.
B.	Requirements and Violations
1.	A Person holding a vendor registration and Occupational License to test and research Medical Marijuana must comply with all requirements in the Retail Marijuana Rules, 700 Series.
2.	Any violation of such requirements in connection with testing and research of Medical Marijuana shall constitute a violation of these rules and a violation in connection with the Person’s Retail Marijuana Testing Facility license.

M 800 Series – Transport and Storage 

Basis and Purpose – M 801
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XI), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of the rule is to provide clarity as to the requirements associated with the delivery of Medical Marijuana and Medical Marijuana-Infused Product between Licensed Premises. It also prescribes the manner in which licensed entities will track inventory in the transport process to prevent diversionary practices.  
M 801 – Transport of Medical Marijuana and Medical Marijuana-Infused Product
A.	Persons Authorized to Transport.  The only Persons authorized to transport Medical Marijuana or Medical Marijuana-Infused Product are those individuals licensed by the State Licensing Authority pursuant to section 12-43.3-401, C.R.S.; including Owners or others holding Occupational Licenses.  An individual who does not possess a current and valid Occupational License from the State Licensing Authority may not transport Medical Marijuana or Retail Marijuana Product between Licensed Premises.  
B.	Transport Between Licensed Premises.  Medical Marijuana and Medical Marijuana-Infused Product shall only be transported between Licensed Premises and between Licensed Premises and a permitted off-premises storage facility.  Licensees transporting Medical Marijuana and Medical Marijuana-Infused Product are responsible for ensuring that all Medical Marijuana and Medical Marijuana-Infused Product are secured at all times during transport.
C.	MITS-Generated Transport Manifest Required. A Licensee may only transport Medical Marijuana and Medical Marijuana-Infused Product if he or she has a hard copy of a MITS-generated transport manifest that contains all the information required by this rule and shall be in the format prepared by the State Licensing Authority. A Licensee may transport Medical Marijuana or Medical Marijuana-Infused Product from an originating location to multiple destination locations so long as the transport manifest correctly reflects the specific inventory destined for specific licensed locations. 
D.	Motor Vehicle Required. Transport of Medical Marijuana and Medical Marijuana-Infused Product shall be conducted by a motor vehicle that is properly registered in the state of Colorado pursuant to motor vehicle laws, but need not be registered in the name of the Licensee.  
E.	Documents Required During Transport.  Transport of Medical Marijuana or Medical Marijuana-Infused Product shall be accompanied by a copy of the originating Medical Marijuana Business, the driver’s valid Owner or Occupational License, the driver’s valid motor vehicle operator’s license, and all required vehicle registration information. 
F.	Use of Colorado Roadways.  State law does not prohibit the transport of Medical Marijuana and Medical Marijuana-Infused Product on any public road within the state of Colorado as authorized in this rule.  However, nothing herein authorizes a Licensee to violate specific local ordinances or resolutions enacted by any city, town, city and county, or county related to the transport of Medical Marijuana or Medical Marijuana-Infused Product. 
G.	Preparation of Medical Marijuana and Medical Marijuana-Infused Product for Transport
1.	Final Weighing and Packaging.  A Medical Marijuana Business shall comply with the specific rules associated with the final weighing and packaging of Medical Marijuana or Medical Marijuana-Infused Product before such items are prepared for transport pursuant to this rule. The scale used to weigh product to be transported shall be certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S.  
2.	Preparation in Limited Access Area.  Medical Marijuana and Medical Marijuana-Infused Product shall be prepared for transport in a Limited Access Area, including the packing and labeling of Shipping Containers.  
3.	Shipping Containers. All Shipping Containers must be affixed with an RFID tag prior to transport.  Sealed packages or Containers may be placed in larger Shipping Containers, so long as such Shipping Containers are labeled with type and amount of Medical Marijuana or Medical Marijuana-Infused Product contained therein.  The contents of Shipping Containers shall be easily accessible and may be inspected by the State Licensing Authority, local licensing authorities, and state and local law enforcement agency for a purpose authorized by the Medical Code or for any other state or local law enforcement purpose.
H.	Creation of Records and Inventory Tracking
1.	Use of MITS-Generated Transport Manifest. Licensees who transport Medical Marijuana or Medical Marijuana-Infused Product shall create a MITS-generated transport manifest to reflect inventory that leaves the Licensed Premises for destinations to other licensed locations. The transport manifest may either reflect all deliveries for multiple locations within a single trip or separate transport manifests may reflect each single delivery.  In either case, no inventory shall be transported without a MITS-generated transport manifest.  
2.	Copy of Transport Manifest to Receiver. A Licensee shall provide a copy of the transport manifest to each Medical Marijuana Business receiving the inventory described in the transport manifest.  In order to maintain transaction confidentiality, the originating Licensee may prepare a separate MITS-generated transport manifest for each receiving Medical Marijuana Business.
3.	The MITS-generated transport manifest shall include the following:
a.	Departure date and approximate time of departure;
b.	Name, location address, and license number of the originating Medical Marijuana Business;
c.	Name, location address, and license number of the destination Medical Marijuana Business(es);
d.	Product name and quantities (by weight or unit) of each product to be delivered to each specific destination location(s);
e.	Arrival date and estimated time of arrival;
f.	Delivery vehicle make and model and license plate number; and
g.	Name, Occupational License number, and signature of the Licensee accompanying the transport.
I.	Inventory Tracking.  In addition to all the other tracking requirements set forth in these rules, a Medical Marijuana Business shall be responsible for all the procedures associated with the tracking of inventory that is transported between Licensed Premises.  See Rule M 901 – Business Records Required.
1.	Responsibilities of Originating Licensee.  Prior to departure, the originating Medical Marijuana Business shall adjust its records to reflect the removal of Medical Marijuana or Medical Marijuana-Infused Product. The scale used to weigh product to be transported shall be certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S.  Entries to the records shall note the MITS-generated transport manifest and shall be easily reconciled, by product name and quantity, with the applicable transport manifest. 
2.	Responsibilities of Receiving Licensee.  Upon receipt, the receiving Licensee shall ensure that the Medical Marijuana or Medical Marijuana-Infused Product received are as described in the transport manifest and shall immediately adjust its records to reflect the receipt of inventory. The scale used to weigh product being received shall be certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S.   Entries to the inventory records shall note the MITS-generated transport manifest and shall be easily reconciled, by product name and quantity, with the applicable transport manifest. 
3.	Discrepancies.  A receiving Licensee shall separately document any differences between the quantity specified in the transport manifest and the quantities received. Such documentation shall be made in MITS and in any relevant business records. 
J.	Adequate Care of Perishable Medical Marijuana-Infused Product. A Medical Marijuana Business must provide adequate refrigeration for perishable Medical Marijuana-Infused Product during transport.
Basis and Purpose - M 802
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XI), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to establish that Medical Marijuana and Medical Marijuana-Infused Product may not be stored outside of Licensed Premises unless the Licensee obtains an off-premises storage permit.  Rule 802.G was amended to require Medical Marijuana Businesses to submit proof of local approval or acknowledgement with an application for an off-premises storage facility.  This change was made due to comments received from local government.  
M 802 – Off-Premises Storage of Medical Marijuana and Medical Marijuana-Infused Product
A.	Off-premises Storage Permit Authorized. A Licensee may only store Medical Marijuana or Medical Marijuana-Infused Product in its Licensed Premises or in its one permitted off-premises storage facility.
B.	Permitting. To obtain a permit for an off-premises storage facility, a Medical Marijuana Business must apply on current Division forms and pay any applicable fees.  
C.	Extension of Licensed Premises.  A permitted off-premises storage facility shall constitute an extension of the Medical Marijuana Business’ Licensed Premises and be subject to all to the conditions and restrictions established in Rule M 301 – Limited Access Areas.
D.	Limitation on Inventory to be Stored.  The Licensee may only have upon the permitted off-premises storage facility Medical Marijuana or Medical Marijuana-Infused Product that are part of its finished goods inventory. The Licensee may not share the premises with, nor store inventory belonging to, a Retail Marijuana Establishment or Medical Marijuana Business that is not commonly-owned. 
E.	Restrictions. The permitted off-premises storage facility may be utilized for storage only.  A Licensee may not sell, cultivate, manufacture, process, test, or consume any Medical Marijuana or Medical Marijuana-Infused Product within the premises of the permitted off-premises storage facility.
F.	Display of Off-premises Storage Permit and License. The off-premises storage facility permit and a copy of the Medical Marijuana Business’ license must be displayed in a prominent place within the permitted off-premises storage facility.  
G.	Local Licensing Authority Approval
1.	Prior to submitting an application for an off-premises storage facility permit, the Licensee must obtain approval from the relevant local licensing authority.
2.	A copy of the relevant local licensing authority’s approval must be submitted by the Licensee in conjunction with its application for an off-premises storage facility.
3.	No Medical Marijuana or Medical Marijuana-Infused Product may be stored within a permitted storage facility until the relevant local licensing authority has been provided a copy of the off-premises storage facility permit. 
4.	Any off-premises storage permit issued by the Division shall be conditioned upon the Medical Marijuana Business’ receipt of all required local approvals.
H.	Security in Storage Facility. A permitted off-premises storage facility must meet all video and security requirements applicable to a Licensed Premises.
I.	Transport to or from a Permitted Off-premises Storage Facility. A Medical Marijuana Business must comply with Rule M 801 - Transport of Medical Marijuana and Medical Marijuana-Infused Product when transporting any Medical Marijuana or Medical Marijuana-Infused Product to a permitted off-premises storage facility.
J.	Inventory Tracking.  In addition to all the other tracking requirements set forth in these rules, a Medical Marijuana Business shall utilize MITS to track its inventories from the point of transfer to or from a permitted off-premises storage facility.  See Rules M 901 – Business Records Required and M 309- Medical Marijuana Business: Marijuana Inventory Tracking Solution (MITS). 
K.	MITS Access and Scale. Every permitted off-premises storage facility must have a MITS terminal and a scale certified in accordance with measurement standards established in Article 14 of Title 35, C.R.S.
L.	Adequate Care of Perishable Medical Marijuana-Infused Product.  A Medical Marijuana Business must provide adequate refrigeration for perishable Medical Marijuana-Infused Product and shall utilize adequate storage facilities and transport methods.
M.	Consumption Prohibited.  A Medical Marijuana Business shall not permit the consumption of marijuana or marijuana products on the premises of its permitted off-premises storage facility.

M 900 Series – Business Records

Basis and Purpose – M 901
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XV), 12-43.3-202(2)(a)(XVII), and 12-43.3-202(2)(a)(XX), C.R.S. This rule explains what business records a Licensee must maintain.  It also clarifies that such records must be made available to the Division on demand.    Rule R 901.B was added due to written commentary received from an industry representative. 
M 901 – Business Records Required 
A.	General Requirements
1.	A Medical Marijuana Business must maintain the information required in this rule in a format that is readily understood by a reasonably prudent business person.  
2.	Each Medical Marijuana Business shall retain all books and records necessary to fully account for the business transactions conducted under its license for the current year and three preceding calendar years.
a.	On premises records: The Medical Marijuana Business’ books and records for the preceding six months (or complete copies of such records) must be maintained on its Licensed Premises at all times. 
b.	On- or off-premises records: Books and records associated with older periods may be archived on or off of the Licensed Premises.
3.	The books and records must fully account for the transactions of the business and must include, but shall not be limited to:
a.	Current Employee List – This list must provide the full name and Occupational License number of each employee and all non-employee Owners, who work at a Medical Marijuana Business.    
b.	Secure Facility Information – For its Licensed Premises and any associated permitted off-premises storage facility, a Medical Marijuana Business must maintain the business contact information for vendors that maintain video surveillance systems and Security Alarm Systems.  
c.	Licensed Premises – Diagram of all approved Limited Access Areas and any permitted off-premises storage facilities.
d.	Visitor Log – List of all visitors entering Limited Access Areas or Restricted Access Areas.
e.	All records normally retained for tax purposes.
B.	Loss of Records and Data.  Any loss of electronically-maintained records shall not be considered a mitigating factor for violations of this rule.  Licensees are required to exercise due diligence in preserving and maintaining all required records.
C.	Violation Affecting Public Safety. Violation of this rule may constitute a license violation affecting public safety. 
D.	Records Related to Inventory Tracking. A Medical Marijuana Business must maintain accurate and comprehensive inventory tracking records that account for, reconcile, and evidence all inventory activity for Medical Marijuana from either seed or Immature Plant stage until the Medical Marijuana or Medical Marijuana-Infused Product is destroyed or sold to another Medical Marijuana Business or a patient.
E.	Records Related to Transport. A Medical Marijuana Business must maintain adequate records for the transport of all activities related to Medical Marijuana and Medical Marijuana-Infused Product.  See Rule M 801 – Transport of Medical Marijuana or Medical Marijuana-Infused Product.
F.	Provision of Requested Records to the Division .  A Licensee must provide on-demand access to on-premises records following a request from the Division during normal business hours or hours of apparent operation, and must provide access to off-premises records within three business days following a request from the Division.

Basis and Purpose – M 902
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XV), 12-43.3-202(2)(a)(XVII), and 12-43.3-202(2)(a)(XX), C.R.S.  All Medical Marijuana Centers must collect and remit sales tax on all retail sales made pursuant to the licensing activities.  The purpose of this rule is to clarify when such taxes must be remitted to the Colorado Department of Revenue.   
M 902 – Reporting and Transmittal of Taxes
Sales and Use Tax Returns Required.  All state and state-collected sales and use tax returns must be filed, and all taxes must be remitted to the Department of Revenue, on or before the 20th day of the month following the reporting month.  For example, a January return and remittance will be due to the Department of Revenue by February 20th.  If the due date (20th of the month) falls on a weekend or holiday, the next business day is considered the due date for the return and remittance.  

Basis and Purpose – M 903
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XV), 12-43.3-202(2)(a)(XVII), and 12-43.3-202(2)(a)(XX), C.R.S.  To effectively enforce and implement the Medical Code, the State Licensing Authority must mandate a Licensee-paid audit when necessary.  This rule explains when an audit may be deemed necessary and sets forth possible consequences of a Licensee’s refusal to cooperate or pay for the audit.   
M 903 – Independent Audit May Be Required 
A.	State Licensing Authority May Require Independent Audit
1.	When the State Licensing Authority deems it necessary, it may require a Medical Marijuana Business to undergo an audit by an independent accountant. The scope of the audit may include, but need not be limited to, financial transactions and inventory control measures.
2.	In such instances, the Division may attempt to mutually agree upon the selection of the independent accountant with a Medical Marijuana Business. However, the Division always retains the right to select the independent accountant regardless of whether a mutual agreement can be reached. The independent accountant shall be a certified public accountant licensed by, and in good standing with, the Colorado State Board of Accountancy.
3.	The Medical Marijuana Business will be responsible for all direct costs associated with the independent audit.
B.	When Independent Audit Is Necessary.  The State Licensing Authority has discretion to determine when an audit by an independent accountant is necessary.  The following is a non-exhaustive list of examples that may justify an independent audit:
1.	A Medical Marijuana Business does not provide requested records to the Division;
2.	The Division has reason to believe that the Medical Marijuana Business does not properly maintain its business records;
3.	A Medical Marijuana Business has a prior violation related to recordkeeping or inventory control; 
4.	A Medical Marijuana Business has a prior violation related to diversion. 
5.	As determined by the Division, the scope of an audit conducted by the Division would be so extensive as to jeopardize the regular duties and responsibilities of the Division’s audit or enforcement staff.
C.	Compliance Required.  A Medical Marijuana Business must pay for and timely cooperate with the State Licensing Authority’s requirement that it undergo and audit in accordance with this rules.
D.	Violation Affecting Public Safety.  Failure to comply with this rule may constitute a license violation affecting public safety.

Basis and Purpose – M 904
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XV), 12-43.3-202(2)(a)(XVII), 12-43.3-202(2)(a)(XX), and 12-43.3-310(12), C.R.S.  The State Licensing Authority must know the individuals serving as managers of Medical Marijuana Businesses.  Accordingly, this rule reiterates the statutory mandate that a Medical Marijuana Business must report any management change to the Division within seven days of any change. The rule also clarifies that a Medical Marijuana Business must save a copy of any management change report to the Division and that failure to follow this rule can result in discipline. 
M 904 – Manager Change Must Be Reported  
A.	When Required.  A Medical Marijuana Business shall provide the Division a written report within seven days after any change in manager occurs.
B.	Licensee Must Maintain Record of Reported Change. A Medical Marijuana Business must also maintain a copy of this written report with its business records.
C.	Consequence of Failure to Report. Failure to report a change in a timely manner may result in discipline.

M 1000 Series – Labeling, Packaging, and Product Safety
Basis and Purpose – M 1001
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XIV), 12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S.  Extensive labeling and secure packaging of Medical Marijuana and Medical Marijuana-Infused Product is of statewide concern. The purpose of this rule, and other rules in this series, is to ensure that all Medical Marijuana and Medical Marijuana-Infused Product are sold and delivered to lawful patients in packaging that is not easily opened by children. This rule also clarifies packaging and labeling terms that will be used throughout this rule and rules in the same series to ensure that Coloradoans are adequately informed. 
M 1001 – Packaging Requirements: General Requirements
Medical Marijuana – General Packaging Requirement for Child-Resistant Packaging.  The sale of Medical Marijuana to a consumer is prohibited unless previously placed within a Container by a Medical Marijuana Center.  The Container must be designed to ensure that the contents are secure and are Child-Resistant.  See Rule M 1003 - Labeling Requirements: Specific Requirements, Medical Marijuana and Medical Marijuana-Infused Product.

Basis and Purpose – M 1002
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XIV), 12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to ensure that the labeling on each Container of Medical Marijuana and Medical Marijuana-Infused Product includes necessary and relevant information for consumers, is easily accessible to consumers, and is clear and noticeable. This rule also ensures that Medical Marijuana and Medical Marijuana-Infused Products labeling does not include health and physical benefit claims.
M 1002 – Labeling Requirements: General Requirements
A.	Labeling Required. All Medical Marijuana and Medical Marijuana-Infused Product sold, transferred, or otherwise provided to a consumer must be in a Container that is labeled with all required information,  see Rules M 1001 – Packaging Requirements: General Requirements, M 1003 – Labeling Requirements: Specific Requirements, Medical Marijuana and Medical Marijuana-Infused Product and M 1004 – Labeling Requirements: Specific Requirements, Edible Medical Marijuana-Infused Product, and that specifically excludes certain text.  
B.	Health and Benefit Claims. Labeling text on a Container may not make any false or misleading statements regarding health or physical benefits to the consumer. 
C.	Font Size. Labeling text on a Container must be no smaller than 1/16 of an inch.
D.	Use of English Language. Labeling text on a Container must be clearly written or printed and in the English language.
E.	Unobstructed and Conspicuous. Labeling text on a Container must be unobstructed and conspicuous. A Licensee may affix multiple labels to a Container, provided that none of the information required by these rules is completely obstructed.

Basis and Purpose – M 1003
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XIV), 12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to ensure that each Container of Medical Marijuana and Medical Marijuana-Infused Product includes necessary and relevant labeling information for consumers.  
M 1003 – Labeling Requirements: Specific Requirements, Medical Marijuana and Medical Marijuana-Infused Product 
A.	Labels Required. No Licensee shall sell, transfer, or give away any Medical Marijuana that does not contain a Label with a list of all ingredients, including all chemical additives, including but not limited to nonorganic pesticides, herbicides, and fertilizers that were used in its cultivation and production.  The label must also list: 
1.	The Batch Number or numbers assigned by the Optional Premises Cultivation Operation to the marijuana plant or plants from which the Medical Marijuana contained within the Container was harvested; and
2.	A complete list of solvents and chemicals used in the creation of any Medical Marijuana concentrate.
B.	Medical Marijuana-Infused Product – Child-Resistant Packaging.  The sale of a Medical Marijuana-Infused Product is prohibited unless:
1.	The Medical Marijuana-Infused Product has previously been placed within a Container by Medical Marijuana-Infused Products Manufacturer. The Container must be designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly and that does not allow the product to be seen without opening the packaging material; or
2.	The Medical Marijuana-Infused Product has previously been placed in packaging that is labeled "Medicinal product - keep out of reach of children.”
C.	Medical Marijuana Container Labeling Must Include the Following Information: 
1.	The license number of the Optional Premises Cultivation Facility, if different than the Medical Marijuana Center’s license number, identifying where the Medical Marijuana within the Container was grown;
2.	The license number of the Medical Marijuana Center that sold the Medical Marijuana to the patient;
3.	The date of sale; and
4.	The patient registry number of the purchaser.
D.	Medical Marijuana-Infused Product Container Labeling Must Include the Following Information: 
1.	The license number of the Medical Marijuana Business(es)  where the Medical Marijuana used to manufacture the Medical Marijuana-Infused Product within the Container was grown;
2.	The license number of the Medical Marijuana Center  that sold the Medical Marijuana-Infused Product to the patient;
3.	The following statement:  “This product is contains medical marijuana and was produced without regulatory oversight for health, safety or efficacy and there may be health risks associated with the consumption of the product.”
4.	For Medical Marijuana-Infused Product, the product identity and net weight statements must appear on the portion of the label displayed to the patient.
5.	When a Medical Marijuana-Infused Product is made specifically for a designated patient, the label of that product shall state the patient’s Medical Marijuana Registry number.
6.	The list of ingredients and company name statements must be conspicuously listed on the Medical Marijuana-Infused Product package.
7.	A nutrition facts panel may be required if nutritional claims are made on the label of any Medical Marijuana-Infused Product.
E.	Minimum print size.  The minimum print size for each of the required statements for non-infused products and for each of the required statements for Medical Marijuana-Infused Product is 1/16 inch. The size of the characters in the net weight statement is determined by the area of the principal display panel and may be greater than 1/16 inch.

Basis and Purpose – M 1004
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XIV), 12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to ensure that each Container of an Edible Medical Marijuana-Infused Product includes necessary and relevant information for patients.  
M 1004 – Labeling Requirements: Specific Requirements, Medical Marijuana-Infused Product
A.	Ingredient List. A list of all ingredients used to manufacture the Edible Medical Marijuana-Infused Product; which may include a list of any potential allergens contained within, or used in the manufacture of, the Medical Marijuana-Infused Product.
B.	Statement Regarding Refrigeration.  A statement that the Medical Marijuana-Infused Product, if perishable, must be refrigerated. 
C.	Statement of Expiration Date. A product expiration date, for perishable Medical Marijuana-Infused Product, upon which the product will no longer be fit for consumption, or a use-by-date, upon which the product will no longer be optimally fresh.  Once a label with a use-by or expiration date has been affixed to a Container of a Medical Marijuana-Infused Product, a Licensee shall not alter that date or affix a new label with a later use-by or expiration date.
D.	

M 1100 Series – Signage, Marketing, and Advertising 

Basis and Purpose – M 1101
The statutory authority for this rule is found at subjections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(a)(VI), 12-43.3-202(2)(a)(VII), 12-43.3-202(2)(a)(XX), and 12-43.3-901(4)(b), C.R.S. The purpose of this rule is to clearly delineate that Licensees are not permitted to make false or misleading statements.  
M 1101 – General Requirement: False and Misleading Statements 
A.	No Medical Marijuana Business shall display upon or in proximity to, or referring to the Licensed Premises, use, publish or exhibit, or permit to be used, or published, any sign, advertisement, display, notice, symbol or other device which are inconsistent with the local laws and regulations in which the licensee operates.
B.	No Medical Marijuana Business shall display upon or in proximity to, or referring to the Licensed Premises, use, publish or exhibit, or permit to be used, or published, any sign, advertisement, display, notice, symbol or other device which uses misleading, deceptive, or false advertising.

M 1200 Series – Enforcement 

Basis and Purpose – M 1201
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(II), and 12-43.3-202(2)(a)(XX), and sections 16-2.5-101, 16-2.5-121, and 16-2.5-124.5, C.R.S.  The purpose of this rule is to allow for officers and employees of the Division to investigate all aspects of the Licensees to ensure the fair, impartial, stringent, and comprehensive administration of the Medical Code and rules promulgated pursuant to it. 
M 1201 – Duties of Employees of the State Licensing Authority 
A.	Duties of Director 
1.	The State Licensing Authority may delegate an act required to be performed by the State Licensing Authority related to the day-to-day operation of the Division to the Director.
2.	The Director may authorize investigators and employees of the Division to perform tasks delegated from the State Licensing Authority. 
B.	Duties of Division Investigators.  The State Licensing Authority, the Department’s Senior Director of Enforcement, the Director, and Division investigators shall have all the powers of any peace officer to:
1.	Investigate violations or suspected violations of the Medical Code and any rules promulgated pursuant to it.  Make arrests, with or without warrant, for any violation of the Medical Code, any rules promulgated pursuant to it, Article 18 of Title 18, C.R.S., any other laws or regulations pertaining to Medical Marijuana in this state, or any criminal law of this state, if, during an officer’s exercise of powers or performance of duties pursuant to the Medical Code, probable cause exists that a crime related to such laws has been or is being committed;
2.	Serve all warrants, summonses, subpoenas, administrative citations, notices or other processes relating to the enforcement of laws regulating Medical Marijuana and Medical Marijuana-Infused Product;
3.	Assist or aid any law enforcement officer in the performance of his or her duties upon such law enforcement officer’s request or the request of other local officials having jurisdiction;
4.	Inspect, examine, or investigate any Licensed Premises where Medical Marijuana or Medical Marijuana-Infused Product are grown, stored, cultivated, manufactured, tested, distributed, or sold, and any books and records in any way connected with any licensed  activity;
5.	Require any Licensee, upon demand, to permit an inspection of Licensed Premises during business hours or at any time of apparent operation, marijuana equipment, and marijuana accessories, or books and records; and, to permit the testing of or examination of Medical Marijuana or Medical Marijuana-Infused Product;
6.	Require Applicants to submit complete and current applications and fees and other information the Division deems necessary to make licensing decisions and approve material changes made by the Applicant or Licensee;
7.	Conduct investigations into the character, criminal history, and all other relevant factors related to suitability of all Licensees and Applicants for Medical Marijuana licenses and such other Persons with a direct or indirect interest in an Applicant or Licensee, as the State Licensing Authority may require; and
8.	Exercise any other power or duty authorized by law.

Basis and Purpose – M 1202

The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(IV), and 12-43.3-202(2)(a)(XX), C.R.S.  This rule explains that Licensees must cooperate with Division employees when they are acting within the normal scope of their duties and that failure to do so may result in sanctions. It also explains the administrative hold process, the preservation of evidence, the handling of inventory under investigation and the surrender of Medical Marijuana and Medical Marijuana-Infused Product.
M 1202 – Requirement for Inspections and Investigations, Searches, Administrative Holds, and Such Additional Activities as May Become Necessary from Time to Time
A.	Applicants and Licensees Shall Cooperate with Division Employees
1.	Applicants and Licensees must cooperate with employees and investigators of the Division who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to the Medical Code.
2.	No Applicant or Licensee shall by any means interfere with, obstruct or impede the State Licensing Authority or employee or investigator of the Division from exercising their duties under the provisions of the Medical Code and all rules promulgated pursuant to it. This would include, but is not limited to:
a.	Threatening force or violence against an employee or investigator of the Division, or otherwise endeavoring to intimidate, obstruct, or impede employees or investigators of the Division, their supervisors, or any peace officers from exercising their duties. The term “threatening force” includes the threat of bodily harm to such individual or to a member of his or her family;
b.	Denying employees or investigators of the Division access to a Licensed Premises during business hours or times of apparent activity;
c.	Providing false or misleading statements;
d.	Providing false or misleading  documents and records;
e.	Failing to timely produce requested books and records required to be maintained by the Licensee; or
f.	Failing to timely respond to any other request for information made by a Division employee or investigator in connection with an investigation of the qualifications, conduct or compliance of an Applicant or Licensee.
B.	Administrative Hold 
1.	To prevent destruction of evidence, diversion or other threats to public safety, while permitting a Licensee to retain its inventory pending further investigation, a Division investigator may order an administrative hold of Medical Marijuana or Medical Marijuana-Infused Product pursuant to the following procedure:
a.	If during an investigation or inspection of a Licensee, a Division investigator develops reasonable grounds to believe certain Medical Marijuana or Medical Marijuana-Infused Product constitute evidence of acts in violation of the Medical Code or rules promulgated pursuant to it, or otherwise constitute a threat to the public safety, the Division investigator may issue a notice of administrative hold of any such Medical Marijuana or Medical Marijuana-Infused Product.  The notice of administrative hold shall provide a documented description of the Medical Marijuana or Medical Marijuana-Infused Product to be subject to the administrative hold. 
b.	Following the issuance of a notice of administrative hold, the Division will identify the Medical Marijuana or Medical Marijuana-Infused Product subject to the administrative hold in MITS. The Licensee shall continue to comply with all tracking requirements. See Rule M 309 –Marijuana Inventory Tracking Solution (MITS).  
c.	The Licensee shall completely and physically segregate the Medical Marijuana or Medical Marijuana-Infused Product subject to the administrative hold in a Limited Access Area of the Licensed Premises under investigation, where it shall be safeguarded by the Licensee. Pending the outcome of the investigation and any related disciplinary proceeding, the Licensee is prohibited from selling, giving away, transferring, transporting, or destroying the Medical Marijuana or Medical Marijuana-Infused Product subject to the administrative hold.
d.	Nothing herein shall prevent a Licensee from the continued cultivation or harvesting of the Medical Marijuana subject to the administrative hold.  All Medical Marijuana or Medical Marijuana-Infused Product subject to an administrative hold must be put into separate Harvest Batches.
e.	Following an investigation, the Division may lift the administrative hold, order the continuation of the administrative hold, or seek a Final Agency Order for the destruction of the marijuana. 
C.	Voluntary surrender of Medical Marijuana or Medical Marijuana-Infused Product
1.	A Licensee, prior to a Final Agency Order and upon mutual agreement with the Division, may elect to waive a right to a hearing and any associated rights, and voluntarily surrender any Medical Marijuana or Medical Marijuana-Infused Product to the Division. Such voluntary surrender may require destruction of any Medical Marijuana or Medical Marijuana-Infused Product in the presence of a Division investigator.
2.	The individual signing the affidavit of voluntary surrender on behalf of the Licensee must certify that the individual has authority to represent and bind the Licensee.

Basis and Purpose - M 1203
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(1)(b)(XX), and section 12-43.3-602, C.R.S.  The purpose of this rule is to provide guidance following either an agency decision or under any circumstances where the licensee is ordered to surrender and/or destroy Medical Marijuana and Medical Marijuana-Infused Product.  This rule also provides guidance as to the need to preserve evidence during agency investigations or subject to agency order.   
M 1203 – Disposition of Unauthorized Medical Marijuana 
A.	After a Final Agency Order Mandates the Destruction of Medical Marijuana or Medical Marijuana-Infused Product.  If the State Licensing Authority issues a Final Agency Order pursuant to section 12-43.3-602, C.R.S., that mandates the destruction of some or all of the Licensee’s unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product, the Licensee may:
1.	Voluntarily Surrender.  The Licensee may voluntarily surrender to the Division all of its unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product that are described in the Final Agency Order.  If the Licensee chooses to voluntarily surrender its plants and Product:
a.	The Licensee must complete and return the Division’s voluntary surrender form within 15 calendar days of the date of the Final Agency Order; and
b.	The individual signing the affidavit of voluntary surrender on behalf of the Licensee must certify that the individual has authority to represent and bind the Licensee.
2.	Seek a Stay.  File a petition for a stay of the Final Agency Order with the Denver District Court within 15 days of the Final Agency Order.
3.	Take No Action.  If the Licensee does not either (1) voluntarily surrender its unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product as set forth in Subsection (A)(1)(a). of this Rule; or (2) properly seek a stay of the Final Agency Order as set forth in section A.1.b. of this Rule, the Division will enter the Licensed Premises and seize and destroy the unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product that are the subject of the Final Agency Order.  The Division will only take such action if the district attorney for the judicial district in which the unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product are located has not notified the Division within 15 days of receiving notice from the Division that the subject unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product constitute evidence in a criminal proceeding such that it should not be destroyed.
B.	General Requirements Applicable To All Licensees Following Final Agency Order To Destroy Unauthorized Medical Marijuana or Unauthorized Medical Marijuana-Infused Product.  The following requirements apply regardless of whether the Licensee voluntarily surrenders its unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product, seeks a stay of agency action, or takes no action:
1.	The 15 day period set forth in section 12-43.3-602, C.R.S., and this rule shall include holidays and weekends.
2.	During the period of time between the issuance of the Final Agency Order and the destruction of unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product, the Licensee shall not sell, destroy, or otherwise let any unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product that are subject to the Final Agency Order leave the Licensed Premises unless specifically authorized by the State Licensing Authority or a court of competent jurisdiction.
3.	Unless the State Licensing Authority otherwise orders, the Licensee may cultivate, water, or otherwise care for any unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product that are subject to the Final Agency Order during the period of time between the issuance of the Final Agency Order and the destruction of the unauthorized Medical Marijuana or unauthorized Medical Marijuana-Infused Product.
4.	If the local district attorney tells the Division that some of the marijuana is needed for evidence, the action the Division will take with regard to the subject marijuana will depend on the individual circumstances.

M 1300 Series – Discipline

Basis and Purpose – M 1301
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and section 24-4-105, C.R.S.  The purpose of this rule is to clarify how the disciplinary process for non-summary license suspensions and license revocations is initiated.
M 1301 – Disciplinary Process: Non-Summary Suspensions   
A.	How a Disciplinary Action is Initiated
1.	If the State Licensing Authority, on its own initiative or based on a complaint, has reasonable cause to believe that a Licensee has violated the Medical Code, any rule promulgated pursuant to it, or any of its orders, the State Licensing Authority shall issue and serve upon the Licensee an Order to Show Case (administrative citation) as to why the Licensee’s license should not be suspended or revoked.   
2.	The Order to Show Cause shall identify the statute, rule, regulation, or order allegedly violated, and the facts alleged to constitute the violation.  The order shall also provide an advisement that the license could be suspended or revoked should the charges contained in the notice be sustained upon final hearing.  
B.	Disciplinary Hearings.  Disciplinary hearings will be conducted in accordance with Rule M 1304 – Administrative Hearings.

Basis and Purpose – M 1302
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and sections 24-4-104(4)(a) and  24-4-105, C.R.S.  The purpose of this rule is to set forth the process for summary suspensions when the State Licensing Authority has cause to immediately revoke a license prior to a hearing.  Such an occasion will occur when the State Licensing Authority has reason to believe and finds that a Licensee has been guilty of a deliberate and willful violation of any applicable law or regulation, or has committed an infraction of such magnitude that it is imperative its license be revoked to protect the public safety and welfare.  The rule ensures proper due process for Licensees when their licenses are temporarily or summarily suspended by requiring prompt initiation of disciplinary proceedings after such suspensions.
M 1302 – Disciplinary Process: Summary Suspensions
A.	How a Summary Suspension Action is Initiated
1.	When the State Licensing Authority has reasonable grounds to believe and finds that a Licensee has been guilty of a deliberate and willful violation of any applicable law or regulation, or that the public health, safety, or welfare imperatively requires emergency action it shall serve upon the Licensee a Summary Suspension Order that temporarily or summarily suspends the license.
2.	The Summary Suspension Order shall identify the nature of the State Licensing Authority’s basis for the summary suspension. The Summary Suspension Order shall also provide an advisement that the License may be subject to further discipline or revocation should the charges contained in the notice be sustained following a hearing.
3.	Proceedings for suspension or revocation shall be promptly instituted and determined after the Summary Suspension Order is issued. 
B.	Summary Suspension Hearings.  Summary suspension hearings will be expedited to the extent practicable and will be conducted in accordance with Rule M 1304 – Administrative Hearings.

Basis and Purpose – M 1303
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and sections 24-4-104(4)(a) and  24-4-105, C.R.S.  The State Licensing Authority recognizes that if Licensees are not able to care for their products during a period of active suspension, then their plants could die, their edible products could deteriorate, and their on-hand inventory may not be properly maintained.  Accordingly, this rule was written to clarify that Licensees whose licenses are summarily suspended may care for on-hand inventory, manufactured products, and plants during the suspension (unless the State Licensing Authority does not allow such activity).  In addition, the rule clarifies what activity is always prohibited during such suspension.
M 1303 – Suspension Process: Regular and Summary Suspensions
A.	Signs Required During Active Suspension.  Every Licensee whose License has been suspended, whether summarily or after an administrative hearing, shall post two notices in conspicuous places, one on the exterior and one on the interior of its premises, for the duration of the suspension. The notices shall at least 17 inches in length and 14 inches in width containing lettering not less 1/2'’ in height.
1.	For suspension following issuance of a Final Agency Order, the sign shall be in the following form:
		NOTICE OF SUSPENSION
		MEDICAL MARIJUANA LICENSES ISSUED
		FOR THESE PREMISES HAVE BEEN
SUSPENDED BY ORDER OF THE STATE LICENSING AUTHORITY
		FOR VIOLATION OF THE COLORADO MEDICAL MARIJUANA CODE
2.	For a summary suspension pending issuance of a Final Agency Order, the sign shall be in the following form:
		NOTICE OF SUSPENSION
		MEDICAL MARIJUANA LICENSES ISSUED
		FOR THESE PREMISES HAVE BEEN
SUSPENDED BY ORDER OF THE STATE LICENSING AUTHORITY
		FOR ALLEGED VIOLATION OF THE COLORADO MEDICAL MARIJUANA CODE
Any advertisement or posted signs that indicate that the premises have been closed or business suspended for any reason other than by the manner described in this rule shall be deemed a violation.
B.	Prohibited Activity During Suspension
1.	Medical Marijuana Center Licensee. Unless otherwise ordered by the State Licensing Authority, during any period of active license suspension the Licensee shall not permit the selling, serving, giving away, distribution, transfer, or transport of Medical Marijuana or Medical Marijuana-Infused Product on the Licensed Premises, nor allow patients to enter the Licensed Premises.  However,  Medical Marijuana and Medical Marijuana-Infused Product shall not be removed from the Licensed Premises or destroyed unless and until the provisions described in section 12-43.3-602, C.R.S., related to the proper destruction of unauthorized marijuana are met, and the State Licensing Authority orders forfeiture and destruction.  See also Rule M 1203 – Disposition of Unauthorized Medical Marijuana.
2.	Optional Premises Cultivation Operation Licensee. Unless otherwise ordered by the State Licensing Authority, during any period of active license suspension the Licensee may maintain its on hand inventory and otherwise care for its Medical Marijuana inventories.  However, marijuana shall not be sold or otherwise removed from the Licensed Premises or destroyed unless and until the provisions described in section 12-43.3-602, C.R.S., related to the proper destruction of unauthorized marijuana are met, and the State Licensing Authority orders forfeiture and destruction.  See also Rule M 1203 – Disposition of Unauthorized Medical Marijuana.
3.	Medical Marijuana-Infused Products Manufacturer Licensee. Unless otherwise ordered by the State Licensing Authority, during any period of active license suspension the Licensee shall not manufacture any Medical Marijuana-Infused Product or Medical Marijuana concentrates during a period of active license suspension, nor permit the selling, distribution, transfer, or transport of Medical Marijuana or Medical Marijuana-Infused Product on or from the Licensed Premises. Unless otherwise ordered by the State Licensing Authority, during any period of active license suspension the Licensee may maintain Medical Marijuana-Infused Product on the Licensed Premises.  However, Medical Marijuana-Infused Product shall not be removed from the Licensed Premises or destroyed unless and until the provisions described in section 12-43.3-602, C.R.S., related to the proper destruction of unauthorized marijuana are met, and the State Licensing Authority orders forfeiture and destruction.  See also Rule M 1203 – Disposition of Unauthorized Medical Marijuana.

Basis and Purpose – M 1304
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(c), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and section 24-4-105, C.R.S.  The purpose of this rule is to establish what entity conducts the administrative hearings, the scope of the administrative hearings rules, and other general hearings issues.
M 1304 – Administrative Hearings
A.	General Procedures
1.	Hearing Location.  Hearings will generally be conducted by the Department of Revenue, Hearings Division.  Unless the hearing officer orders a change of location based on good cause, as described in this Rule, hearings generally will be conducted at a location in the greater Denver metropolitan area to be determined by the hearing officer.  Under unusual circumstances where justice, judicial economy and convenience of the parties would be served, hearings may be held in other locations in the state of Colorado.    
2.	Scope of Hearing Rules. The Administrative Hearings rules shall be construed to promote the just and efficient determination of all matters presented. 
3.	Right to Legal Counsel. Any Denied Applicant or Respondent has a right to legal counsel throughout all processes described in rules associated with the denial of an application and disciplinary action. Such counsel shall be provided solely at the Denied Applicant’s or Respondent’s expense.
B.	Requesting a Hearing
1.	A Denied Applicant that has been served with a Notice of Denial may request a hearing within 60 days of the service of the Notice of Denial by making a written request for a hearing to the Division.  The request must be submitted by United States mail or by hand delivery.  Email or fax requests will not be considered.  The request must be sent to:
Marijuana Enforcement Division
Attn: Hearing Request
455 Sherman Street, Suite 390
Denver, CO 80203
The written request for a hearing must be received by the Division within the time stated in the Notice of Denial.  An untimely request will not be considered.
2.	A Respondent that has been served with an Order to Show Cause shall be entitled to a hearing regarding the matters addressed therein.
3.	A Denied Applicant or Respondent may waive his or her right to a hearing by submitting a written statement to the State Licensing Authority to that effect before the hearing.
C.	When a Responsive Pleading is Required
1.	A Respondent shall file a written answer with the Hearings Division and the Division within 30 days after the date of mailing of any administrative notice or Order to Show Cause.  If a Respondent fails to file a required answer, the hearing officer, upon motion, may enter a default against that Person pursuant to section 24-4-105(2)(b), C.R.S. For good cause, as described in this rule, shown, the hearing officer may set aside the entry of default within ten days after the date of such entry.
2.	In connection with any request for a hearing, a Denied Applicant shall provide a written response to the Notice of Denial.
D.	Hearing Notices
1.	Notice to Set.  The Division shall send a notice to set a hearing to the Denied Applicant or Respondent in writing by first-class mail to the last mailing address of record. 
2.	Notice of Hearing.  The Hearings Division shall notify the Division and Denied Applicant or Respondent of the date, place, time and nature of the hearing regarding denial of the license application or whether discipline should be imposed against the Respondent’s license at least 30 days prior to the date of such hearing, unless otherwise agreed to by both parties.  This notice shall be sent to the Denied Applicant or Respondent in writing by first-class mail to the last mailing address of record. Hearings shall be scheduled and held as soon as is practicable.
a.	Summary suspension hearings will be scheduled and held promptly.
b.	Continuances may be granted for good cause, as described in this rule, shown. A motion for a continuance must be timely.
c.	For purposes of this rule, good cause may include but is not limited to: death or incapacitation of a party or an attorney for a party; a court order staying proceedings or otherwise necessitating a continuance; entry or substitution of an attorney for a party a reasonable time prior to the hearing, if the entry or substitution reasonably requires a postponement of the hearing; a change in the parties or pleadings sufficiently significant to require a postponement; a showing that more time is clearly necessary to complete authorized discovery or other mandatory preparation for the hearing; or agreement of the parties to a settlement of the case which has been or will likely be approved by the final decision maker.  Good cause normally will not include the following: unavailability of counsel because of engagement in another judicial or administrative proceeding, unless the other proceeding was involuntarily set subsequent to the setting in the present case; unavailability of a necessary witness, if the witness’ testimony can be taken by telephone or by deposition; or failure of an attorney or a party timely to prepare for the hearing.
E.	Prehearing Matters Generally
1.	Prehearing Conferences Once a Hearing is Set. Prehearing conferences may be held at the discretion of the hearing officer upon request of any party, or upon the hearing officer’s own motion.  If a prehearing conference is held and a prehearing order is issued by the hearing officer, the prehearing order will control the course of the proceedings.  Such prehearing conferences may occur by telephone.
2.	Depositions.  Depositions are generally not allowed; however, a hearing officer has discretion to allow a deposition if a party files a written motion and can show why such deposition is necessary to prove its case.  When a hearing officer grants a motion for a deposition, C.R.C.P. 30 controls.  Hearings will not be continued because a deposition is allowed unless both parties stipulate to a continuance and the hearing officer grants the continuance.
3.	Prehearing Statements Once a Hearing is Set. Prehearing Statements are required and unless otherwise ordered by the hearing officer, each party shall file with the hearing officer and serve on each party a prehearing statement no later than seven calendar days prior to the hearing.   Parties shall also exchange exhibits at that time. Parties shall not file exhibits with the hearing officer.  Parties shall exchange exhibits by the date on which prehearing statements are to be filed.  Prehearing statements shall include the following information:
a.	Witnesses.  The name, mailing address, and telephone number of any witness whom the party may call at hearing, together with a detailed statement of the expected testimony.
b.	Experts.  The name, mailing address, and brief summary of the qualifications of any expert witness a party may call at hearing, together with a statement that details the opinions to which each expert is expected to testify.  These requirements may be satisfied by the incorporation of an expert’s resume or report containing the required information.
c.	Exhibits.  A description of any physical or documentary evidence to be offered into evidence at the hearing.  Exhibits should be identified as follows:  Division using numbers and Denied Applicant or Respondent using letters.
d.	Stipulations.  A list of all stipulations of fact or law reached, as well as a list of any additional stipulations requested or offered to facilitate disposition of the case.
4.	Prehearing Statements Binding. The information provided in a party’s prehearing statement shall be binding on that party throughout the course of the hearing unless modified to prevent manifest injustice. New witnesses or exhibits may be added only if: (1) the need to do so was not reasonably foreseeable at the time of filing of the prehearing statement; (2) it would not prejudice other parties; and (3) it would not necessitate a delay of the hearing.  
5.	Consequence of Not Filing a Prehearing Statement Once a Hearing is Set.  If a party does not timely file a prehearing statement, the hearing officer may impose appropriate sanctions including, but not limited to, striking proposed witnesses and exhibits.
F.	Conduct of Hearings
1.	The hearing officer shall cause all hearings to be electronically recorded.  
2.	The hearing officer may allow a hearing, or any portion of the hearing, to be conducted in real time by telephone or other electronic means.  If a party is appearing by telephone, the party must provide actual copies of the exhibits to be offered into evidence at the hearing to the hearing officer when the prehearing statement is filed.  
3.	The hearing officer may question any witness.
4.	Court Rules
a.	To the extent practicable, the Colorado Rules of Evidence apply.  Unless the context requires otherwise, whenever the word “court,” “judge,” or “jury” appears in the Colorado Rules of Evidence, such word shall be construed to mean a hearing officer.  A Hearing officer has discretion to consider evidence not admissible under such rules, including but not limited to hearsay evidence, pursuant to section 24-4-105(7), C.R.S.
b.	To the extent practicable, the Colorado Rules of Civil Procedure apply. However, Colorado Rules of Civil Procedure 16 and 26-37 do not apply, although parties are encouraged to voluntarily work together to resolve the case, simplify issues, and exchange information relevant to the case prior to a hearing.  Unless the context otherwise requires, whenever the word “court” appears in a rule of civil procedure, that word shall be construed to mean a hearing officer. 
5.	Exhibits
a.	All documentary exhibits must be paginated by the party offering the exhibit into evidence.  
b.	The Division shall use numbers to mark its exhibits.
c.	The Denied Applicant or Respondent shall use letters to mark its exhibits.
6.	The hearing officer may proceed with the hearing or enter default judgment if any party fails to appear at hearing after proper notice.  
G.	Post Hearing.  After considering all the evidence, the hearing officer shall determine whether the proponent of the order has proven its case by a preponderance of the evidence, and shall make written findings of evidentiary fact, ultimate conclusions of fact, conclusions of law, and a recommendation.  These written findings shall constitute an Initial Decision subject to review by the State Licensing Authority pursuant to the Colorado Administrative Procedure Act and as set forth in Rule M 1306 – Administrative Hearing Appeals/Exceptions to Initial Decision.
H.	No Ex Parte Communication. Ex parte communication shall not be allowed at any point following the formal initiation of the hearing process.  A party or counsel for a party shall not initiate any communication with a hearing officer or the State Licensing Authority pertaining to any pending matter unless all other parties participate in the communication or unless prior consent of all other parties (and any pro se parties) has been obtained.  Parties shall provide all other parties with copies of any pleading or other paper submitted to the hearing officer or the State Licensing Authority in connection with a hearing or with the exceptions process.
I.	Marijuana Enforcement Division Representation. The Division shall be represented by the Colorado Department of Law.

Basis and Purpose – M 1305
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(c), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and section 24-4-105, C.R.S.  The purpose of this rule is to establish how all parties, including pro se parties, can obtain subpoenas during the administrative hearing process.
M 1305 – Administrative Subpoenas
A.	Informal Exchange of Documents Encouraged. Parties are encouraged to exchange documents relevant to the Notice of Denial or Order to Show Cause prior to requesting subpoenas.  In addition, to the extent practicable, parties are encouraged to secure the voluntary presence of witnesses necessary for the hearing prior to requesting subpoenas.  
B.	Hearing Officer May Issue Subpoenas
1.	A party or its counsel may request the hearing officer to issue subpoenas to secure the presence of witnesses or documents necessary for the hearing or a deposition, if one is allowed.  
2.	Requests for subpoenas to be issued by the hearing officer must be delivered in Person or by mail to the office of the Department of Revenue – Hearings Division, 1881 Pierce St. #106, Lakewood, CO 80214.  Subpoena requests must include the return mailing address, and phone and facsimile numbers of the requesting party or its attorney.
3.	Requests for subpoenas to be issued by the hearing officer must be made on a “Request for Subpoena” form authorized and provided by the Hearings Division.  A hearing officer shall not issue a subpoena unless the request contains the following information:
a.	Name of Denied Applicant or Respondent;
b.	License or application number;
c.	Case number;
d.	Date of hearing;
e.	Location of hearing, or telephone number for telephone check-in;
f.	Time of hearing; 
g.	Name of witness to be subpoenaed; and 
h.	Mailing address of witness (home or business).
4.	A request for a subpoena duces tecum must identify each document or category of documents to be produced.
5.	Requests for subpoenas shall be signed by the requesting party or their counsel.  
6.	The hearing officer shall issue subpoenas without discrimination, as set forth in section 24-4-105(5), C.R.S.  If the reviewing hearing officer denies the issuance of a subpoena, or alters a subpoena in any material way, specific findings and reasons for such denial or alteration must be made on the record, or by written order incorporated into the record.  
C.	Service of Subpoenas
1.	 Service of any subpoena is the duty of the party requesting the subpoena.  
2.	All subpoenas must be served at least two business days prior to the hearing. 
D.	Subpoena Enforcement
1.	Any subpoenaed witness, entity, or custodian of documents may move to quash the subpoena with the hearing officer.	
2.	A hearing officer may quash a subpoena if he or she finds on the record that compliance would be unduly burdensome or impracticable, unreasonably expensive, or is unnecessary.

Basis and Purpose – M 1306
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(c), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), and section 24-4-105, C.R.S.  The purpose of this rule is to establish how parties may appeal a hearing officer’s Initial Decision pursuant to the Administrative Procedure Act.
M 1306 – Administrative Hearing Appeals/Exceptions to Initial Decision
A.	Exception(s) Process.  Any party may appeal an Initial Decision to the State Licensing Authority pursuant to the Colorado Administrative Procedure Act by filing written exception(s) within 30 days after the date of mailing of the Initial Decision to the Denied Applicant or Respondent and the Division. The written exception(s) shall include a statement giving the basis and grounds for the exception(s). Any party who fails to properly file written exception(s) within the time provided in these rules shall be deemed to have waived the right to an appeal. A party shall serve a copy of the exception(s) on all parties.  The address of the State Licensing Authority is: State Licensing Authority, 1375 Sherman Street, 4th Floor, Denver, CO 80203.
B.	Designation of Record. Any party that seeks to reverse or modify the Initial Decision of the hearing officer shall file with the State Licensing Authority, within 20 days from the mailing of the Initial Decision, a designation of the relevant parts of the record and of the parts of the hearing transcript which shall be prepared, and advance the costs therefore. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the Division may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefore.  No transcript is required if the review is limited to a pure question of law.  A copy of this designation of record shall be served on all parties. 
C.	Deadline Modifications. The State Licensing Authority may modify deadlines and procedures related to the filing of exceptions to the Initial Decision upon motion by either party for good cause shown. 
D.	No Oral Argument Allowed. Requests for oral argument will not be considered. 

Basis and Purpose – M 1307
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(1)(c), 12-43.3-202(2)(a)(V), 12-43.3-202(a)(XIX), and 12-43.3-202(2)(a)(XX), C.R.S.  The purpose of this rule is to establish guidelines for enforcement and penalties that will be imposed by the State Licensing Authority for non-compliance with Medical Code, section 18-18-406.3(7), C.R.S., or any other applicable rule.  The State Licensing Authority considered the type of violation and the threat of harm to the public versus purely administrative harm when setting the penalty structure. Based upon public testimony and a written commentary, Rule M 1307.A was amended to include additional license violations affecting public safety and Rule M 1307.C.1 was added.
M 1307 – Penalties
A.	Penalty Schedule.  The State Licensing Authority will make determinations regarding the type of penalty to impose based on the severity of the violation in the following categories:
1.	License Violations Affecting Public Safety. This category of violation is the most severe and may include, but is not limited to, Medical Marijuana sales to non-patients, consuming marijuana on the Licensed Premises, Medical Marijuana sales in excess of the relevant transaction limit, permitting the diversion of Medical Marijuana outside the regulated distribution system, possessing medical marijuana inventory or medical marijuana-infused products inventory obtained from outside the regulated distribution system or from an unauthorized source, misstatements or omissions in MITS, failure to continuously escort a visitor in a Limited Access Area, violations related to co-located Medical Marijuana Businesses and Retail Marijuana Establishments,  failure to maintain books and records to fully account for all transactions of the business, or packaging or labeling violations that directly impact patient safety. Violations of this nature generally have an immediate impact on the health, safety, and welfare of the public at large.  The range of penalties for this category of violation may include license suspension, a fine per individual violation, a fine in lieu of suspension of up to $100,000, and/or license revocation depending on the mitigating and aggravating circumstances.  Sanctions may also include restrictions on the license.
2.	License Violations.  This category of violation is more severe than a license infraction but generally does not have an immediate impact on the health, safety and welfare of the public at large. License violations may include but are not limited to, advertising and/or marketing violations, packaging or labeling violations that do not directly impact patient safety, failure to maintain minimum security requirements, failure to keep and maintain adequate business books and records, minor or clerical errors in the inventory tracking procedures.  The range of penalties for this category of violation may include a written warning, license suspension, a fine per individual violation, a fine in lieu of suspension of up to $50,000, and/or license revocation depending on the mitigating and aggravating circumstances.  Sanctions may also include restrictions on the license.
3.	License Infractions.  This category of violation is the least severe and may include, but is not limited to, failure to display required badges, unauthorized modifications of the premises of a minor nature, or failure to notify the State Licensing Authority of a minor change in ownership.  The range of penalties for this category of violation may include a verbal or written warning, license suspension, a fine per individual violation, and/or a fine in lieu of suspension of up to $10,000 depending on the mitigating and aggravating circumstances.  Sanctions may also include restrictions on the license.
B.	Other Factors
1.	The State Licensing Authority may take into consideration any aggravating and mitigating factors surrounding the violation which could impact the type or severity of penalty imposed. 
2.	The penalty structure is a framework providing guidance as to the range of violations, suspension description, fines, and mitigating and aggravating factors.  The circumstances surrounding any penalty imposed will be determined on a case-by-case basis.
3.	For all administrative offenses involving a proposed suspension, a Licensee may petition the State Licensing Authority for permission to pay a monetary fine, within the provisions of section 12-43.3-601, C.R.S., in lieu of having its license suspended for all or part of the suspension.  

M 1400 Series – Division, Local Licensing Authority, and Law Enforcement Procedures 

Basis and Purpose – M 1401
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(I) and 12-43.3-202(2)(a)(XX), C.R.S.  This rule gives general instructions regarding Medical Marijuana Businesses administrative matters to local jurisdictions and clarifies for such entities what the Division and State Licensing Authority will do in certain instances.  The rule also reaffirms that local law enforcement’s authority to investigate and take any necessary action with regard to Medical Marijuana Businesses remains unaffected by the Medical Code or any rules promulgated pursuant to it. 
M 1401 – Instructions for Local Licensing Authorities and Law Enforcement Officers
A.	Division Protocol for Medical Marijuana Businesses
1.	The Division shall forward a copy of all new Medical Marijuana Business applications to the relevant local licensing authority.
2.	The Division shall notify the relevant local licensing authority when an application for a Medical Marijuana Business is either approved or denied.  This includes new business applications, renewal business applications, change of location applications, transfer of ownership applications, premises modification applications, and off-premises storage permit applications.
3.	Conditioned on Local Approval.  Any license issued or renewed by the Division for a Medical Marijuana Business shall be conditioned upon relevant local licensing authority approval of the application.
B.	Local Licensing Authority Protocol for Medical Marijuana Businesses
1.	As soon as practicable, a local licensing authority that has prohibited the operation of Medical Marijuana Businesses shall inform the Division, in writing, of such prohibition and shall include a copy of the applicable ordinance or resolution. 
2.	If a local licensing authority will authorize the operation of Medical Marijuana Businesses, it shall inform the Division of the local point-of-contact on Medical Marijuana regulatory matters.  The local jurisdiction shall include, at minimum, the name of the division or branch of local government, the mailing address of that entity, and telephone number.
3.	Local licensing authorities may impose separate local licensing requirements related to the time, place, and manner of Medical Marijuana Businesses, and shall otherwise determine if an application meets those local requirements.
4.	The relevant local licensing authority shall notify the Division, in writing, of whether an application for a Medical Marijuana Business complies with local restrictions and requirements, and whether the application is approved or denied based on that review.  If a local licensing authority makes any written findings of fact, a copy of those written findings shall be included with the notification.  
C.	Local Licensing Authority Inspections. The relevant local licensing authorities and their investigators may inspect Medical Marijuana Businesses during all business hours and other times of apparent activity, for the purpose of inspection or investigation.
D.	Local Licensing Authority Powers. Nothing in these rules shall be construed to limit the authority of local licensing authorities as established by the Medical Code or otherwise by law. 
E.	Local Law Enforcement’s Authority Not Impaired by Medical Code. Nothing in the Medical Code or any rules promulgated pursuant to it shall be construed to limit the ability of local police departments, sheriffs, or other state or local law enforcement agencies to investigate unlawful activity in relation to a Medical Marijuana Business and such agencies shall have the ability to run a Colorado Crime Information Center criminal history check of an Applicant or Licensee during an investigation of unlawful activity related to Medical Marijuana or a Medical Marijuana Business. This includes, but is not limited to, inspecting and investigating Medical Marijuana Businesses to ensure they are in compliance with all local licensing authority regulations related to time, place, and manner.