NOTICE OF RULEMAKING HEARING

The State Licensing Authority of the Colorado Department of Revenue, Marijuana Enforcement Division, will consider the promulgation of additions and amendments to its Rules and Regulations as authorized by Article XVIII, Section 16 of the Colorado Constitution, the Retail Code, sections 12-43.4-101 et. seq., C.R.S., and the Medical Code, sections 12-43.3-101et. seq.,
C.R.S.	For specific information and language concerning the proposed changes and new rules, please refer to the draft regulations which will be set in their entirety on the Colorado Department of Revenue's website at www.colorado.gov/revenue/amendment64  .

STATUTORY AUTHORITY FOR RULEMAKING

The State Licensing Authority will promulgate rules pursuant to the authority granted in the Retail Code, the Medical Code, Article XVIII, Section 16 of the Colorado Constitution, and section 24-4-103, C.R.S., ofthe Administrative Procedure Act.

SUBJECT OF RULEMAKING

The State Licensing Authority will consider the promulgation of rules addressing the following issues:

Production Management:

The State Licensing Authority intends to examine the need to develop a rule to manage the overall production of retail marijuana in the State of Colorado.  This rule is necessary to ensure there is not significant under or over production, either of which will increase incentives to engage in diversion and facilitate the continuation of the black market.  Currently, the State Licensing Authority is considering a production management system that would permit retail marijuana licensees to cultivate no more than the same licensee's medical marijuana business is permitted to cultivate.  However, the State Licensing Authority is interested in hearing other perspectives on this issue and additional means by which production can be managed.
Therefore, the State Licensing Authority has convened a working group to discuss this issue and evaluate this issue in light of those meetings and any written comments it receives.

Concentrate Production Safety:

The State Licensing Authority intends to establish rules for the production of marijuana concentrates that will promote the safety of workers and the general public.  These rules are necessary to develop safety standards for the production of marijuana concentrates, including requirements for standard operating procedures, quality assurance procedures, training, equipment and facilities.  Currently, the State Licensing Authority is working with stakeholders and experts in the field to develop these standards.  Additionally, the State Licensing Authority intends to convene a working group to discuss this issue.  Based upon those conversations and recommendations, the State Licensing Authority will adopt rules governing the production of marijuana concentrates.

Edible Product Production Safety:

The State Licensing Authority intends to establish rules for the safe production of edible marijuana products that will reduce the risk of food-borne illnesses.  There rules are necessary to protect the health and safety of patients using marijuana medically and, after January 1, 2014, individuals using marijuana recreationally.  Currently, the State Licensing Authority is working with stakeholders and experts in the field to develop these rules.  Additionally, the State Licensing Authority intends to convene a working group to discuss this issue.  Based upon those conversations and recommendations, the State Licensing Authority will adopt rules governing  the production of edible marijuana products.

Mandatory Testing and Random Sampling:

The State Licensing Authority intends to establish the structure and rules for a mandatory testing and random sampling program.  This program is mandated by 12-43.4-202, C.R.S.  The program will require Retail Marijuana Establishments to submit to various types of mandatory and  random testing, including testing for potency and contaminants (pesticides, poisons and toxins, harmful chemicals, molds, mildew and filth, microbials, and residual solvents).  Currently, the State Licensing Authority is working with stakeholders and experts in the field to develop these rules.  Additionally, the State Licensing Authority intends to convene a working group to discuss this issue.  Based upon those conversations and recommendations, the State Licensing Authority will adopt rules creating a mandatory testing and random sampling program.

The above list and descriptions may not be exhaustive.  For specific information and language concerning the proposed changes, please refer the Colorado Department of Revenue's website at www.colorado. gov/revenue/amendment64 where drafts of proposed rules will be posted as they are completed.  Other relevant information regarding this rulemaking also will be posted on the Department's website.  Please take note that in addition to the subject matters addressed in the draft proposed rules, the State Licensing Authority may consider additional rules consistent with any subject matter needed to implement and interpret the Retail Code, the Medical Code, and Article XVIII, Section 16 of the Colorado Constitution.

The State Licensing Authority will conduct meetings of representative groups of participants
with an interest in the subject of the rule-making ("stakeholder meetings") beginning the week of

h.

October 151

More information related to these meetings can be found at:

www.colorado. gov/revenue/amendment64 .  Each stakeholder meeting will be noticed on the Department's website at least 24 hours in advance, and the minutes and audio recordings of each stakeholder meeting will be posted after each meeting occurs.  The written and recorded  materials from the stakeholder meetings will be included in the rulemaking record.

RULEMAKING RECORD AND PUBLIC PARTICIPATION

1.	Official Rulemaking Record.  The official record for purposes of the rulemaking hearing on November  18, 2013 will include the written and recorded materials from the stakeholder meetings and any written comments or oral testimony submitted or presented.

2.	Written Comments.  The State Licensing Authority encourages interested parties to submit written comments on the proposed rules, including alternate proposals, by November  13, 2013, so that the State Licensing Authority can review comments prior to the rulemaking hearing.  Written comments will also be accepted after that date, until the rulemaking record is closed following the hearing.

The State Licensing Authority will accept all written comments but strongly encourages written comments to be submitted on Form DR 2477.  A copy of the form is attached to this notice.  The form may also be found at
htto://www.colorado.gov /cs/Satellite?blobcol =urldata&blobheader=application%2Fpdf&bl
obkey=id&blobtable =MungoBlobs&blobwhere = 1251837618799&ssbinar y=t rue .

Please print, complete and save Form DR 2477 as a separate document and then submit the Form via e-mail.  Written comments and completed Forms DR 2477 may be emailed to: Mia.Tsuchimoto @state.co.us.  In addition, you may submit completed Forms DR 2477 to:

Colorado Department of Revenue Marijuana Enforcement Division
Attn:  Mia Tsuchimoto - Rulemaking Public Comments

h

1375 Sherman Street, 41

Floor

Denver, CO 80261

Written comments will be accepted at the rulemaking hearing.

3.	Oral Comments.  In its discretion, the State Licensing Authority may also afford interested parties an opportunity to make brief oral presentations at the ru1emaking hearing.
*The State Licensing Authority strongly encourages written comments *

If allowed, oral presentations will likely be limited to two minutes or less per person. Individuals will not be allowed to cede their time to another person (for instance, one person speaking on behalfoffive people will not be given ten minutes to speak). Organized groups of individuals are urged to identify one spokesperson and to be concise. The State Licensing Authority encourages interested parties to avoid duplicating previously-submitted material and testimony.

HEARING SCHEDULE

Date:	November  18, 2013 Time:    9:00a.m.
Place:  Old Supreme Court Chambers
State Capitol Building, Room 220
200 E. Colfax Ave., Denver, CO, 80203

Location of the rulemaking hearing will also be posted on the Department of Revenue's website and the Secretary of State's website.

The hearing may be continued at such place and time as the State Licensing Authority may announce.

The State Licensing shall deliberate upon the evidence, testimony and written submissions presented at this hearing, as well as any related matters properly submitted before the hearing record is closed.  Pursuant to said hearing, in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the State Licensing Authority will adopt such rules and regulations as in its judgment the record may justify.

If you are an individual with a disability who needs a reasonable accommodation in order to participate in this rulemaking hearing, please contact Jordan Wellington at Jordan.Wellington@state.co.us  no later than November  11,2013 of your request.

h

Dated this 151

day of October, 2013.

THE COLORADO DEPARTMENT OF REVENUE, STATE LICENSING AUTHORITY,
MARIJUANA ENFORCEMENT DIVISION

er Copp, Acting Ex	ive Director Colorado Department of Revenue