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

Details of Tracking Number  2014-00639

CCR details

Tracking Number 2014-00639
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 Subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(XII), 12-43.4-202(3)(b)(IX), and 12-43.4-202(4)(a) and (b), C.R.S., and sections 12-43.4-103, 12-43.4-104, and 12-43.4-501, C.R.S
Purpose/Objective of Rule The purpose of the adoption of revised Rule R 211 and new Rule R 212 on an emergency basis is to establish a means by which to manage the production of Retail Marijuana. This rule is necessary to ensure there is not significant under or over production, either of which will increase incentives to engage in diversion and engage in illegal sales of marijuana. By their terms, the production limitations set forth in Rule R 211 govern only those Medical Marijuana Businesses that either convert to or add a Retail Marijuana Establishment License pursuant to 12-43.4-104(1)(a)(I). The production limitations set forth in Rule R 212 govern Retail Marijuana Cultivation Facilities licensed pursuant to 12-43.4-104(1)(b)(II). Following adoption of the initial production limitations, the State Licensing Authority commissioned a study of the emerging retail marijuana market in order to refine the rules governing production limitations. That study was just completed, leaving no time for formal rulemaking proceedings prior to July 1, 2014, the date on which the production limitations in Rule R 211 expired and the date on which Subsection 12-43.4-104(1)(b)(II), C.R.S., permits an expanded class of applicants to apply for a Retail Marijuana Establishment License. These emergency revised and new rules will provide preliminary guidance to such applicants and to the regulated community regarding production limitations.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Daria Serna
Contact Title Communications Director
Contact Telephone 303-866-5303
Contact email daria.serna@state.co.us

Adopted rule

Adopted Rules AdoptedRules02014-00639.RTF
Redline Redline2014-00639.rtf
Emergency Justification EmergencyJustificationPathAttach2014-00639.pdf
Adopted Date 06/30/2014
Emergency AGO requested date 06/30/2014
Attorney General Opinion 07/16/2014
Colorado Register publication date 08/10/2014
Effective Date 07/01/2014
Inserted into CCR 07/22/2014