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

Details of Tracking Number  2013-00953

CCR details

Tracking Number 2013-00953
Type of Filing Emergency
Department 200 Department of Revenue
Agency 212 Marijuana Enforcement Division
CCR Number 1 CCR 212-2

Proposed rule

Additional Information
Statutory Authority The Retail Code, sections 12-43.4-101 et. seq. C.R.S., Article XVIII, Section 16 of the Colorado Constitution, and section 24-4-104, C.R.S., of the Administrative Procedure Act.
Purpose/Objective of Rule These new emergency rules for Retail Marijuana Series R 100 (General Applicability), R 200 (Licensing) and R 1400 (Division, Local Jurisdiction, and Law Enforcement Procedures) replace the corresponding previously-adopted emergency rules for Retail Marijuana series R 100, R 200 and R 1400, 1 CCR 212-2. The new emergency rules will provide clarity and consistency to the regulated community when the application process for a Retail Marijuana Establishment license begins on October 1, 2013. Without the emergency adoption of the above-listed rules, the regulated community would not have clarity regarding the application process for operating a Retail Marijuana Establishment and the process for converting a Medical Marijuana Business license to a Retail Marijuana Establishment license, because it is anticipated that the permanent rules will not become effective until October 15, 2013. It would be contrary to the public interest to allow certain businesses to apply for licensure between October 1, 2013 and October 15, 2013 without complying with the more detailed provisions in the Permanent Rules. The October 15, 2013 permanent rules and these September 9, 2013 emergency rules were developed after significant stakeholder and public participation, and are identical in content. For further information see the attached Emergency Repeal of Prior Emergency Rules and Adoption of New Emergency Rules.
Comments These emergency regulations have complied with all APA noticing and hearing requirements, and are effective on the date of adoption (9/9/2013. It is essential these rules are immediately effective to ensure the regulated industry has appropriate advanced guidance to comply with specific requirements which go into effect October 1, 2013.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation?
Contact Name Daria Serna
Contact Title Communications Director
Contact Telephone 303-866-5303
Contact email daria.serna@state.co.us

Adopted rule

Adopted Rules AdoptedRules02013-00953.RTF AdoptedRules12013-00953.PDF
Emergency Justification EmergencyJustificationPathAttach2013-00953.PDF
Adopted Date 09/09/2013
Emergency AGO requested date 09/09/2013
Attorney General Opinion 09/12/2013
Effective Date 09/09/2013
Inserted into CCR 09/16/2013