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

Details of Tracking Number  2015-00801

CCR details

Tracking Number 2015-00801
Type of Filing Emergency
Department 200 Department of Revenue
Agency 212 Marijuana Enforcement Division
CCR Number 1 CCR 212-1

Proposed rule

Additional Information
Statutory Authority 12-43.3-202(1)(b)(I),12-43.3-202(1)(e),12-43.3-202(2)(a)(XVI),12-43.3-202(2)(a)(XVIII.5),12-43.3-202(2)(a)(XX),12-43.3-302(5)(c),12-43.3-401(1)(c.5), C.R.S., Sections,12-43.3-310,12-43.3-501,12-43.3-5
Purpose/Objective of Rule The purpose of the revisions to these rules on an emergency basis is to update the fee levels in accordance with statutory requirements and the needs of the Marijuana Enforcement Division. Section 12-43.3-501, C.R.S. governs the marijuana cash fund, which includes but is not limited to all funds collected pursuant to both the Medical Code and the Retail Code. The State Licensing Authority is required to adjust fees to reflect direct and indirect costs of the State Licensing Authority and to and to avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds. The State Licensing Authority must review the fees at least annually. The Budget Department of the Department of Revenue performs a yearly fee analysis. The most recent fee analysis could not be completed until the November, 2015 election results. Specifically, Proposition BB had the potential to affect the analysis. Proposition BB, which passed earlier this month, asked Colorado voters to allow the state to retain marijuana tax revenues. Because of the timing of the election, the fee rules could not be updated until now. The State Licensing Authority is committed to effectively regulating the industry and wants to ensure the fees charged to the regulated community are appropriate. Further, the State Licensing Authority wants to ensure that the regulated community has proper notice of the current fee structure, warranting the adoption of these rules on an emergency basis. The State Licensing Authority is adopting these rules on an emergency basis to assure the public is provided with notice of the fees that the Marijuana Enforcement Division will begin to collect beginning November 30, 2015. Adoption of these emergency rules will clarify the schedule of fees for applicants and licensees. The State Licensing Authority intends to adopt these rules permanently in the near future. That process will include opportunity for substantial stakeholder and public participation.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB15-1379 and HB15-260
Contact Name Julie Postlethwait
Contact Title Communications Specialist
Contact Telephone 303-866-3461
Contact email Julie.postlethwait@state.co.us

Adopted rule

Adopted Rules AdoptedRules02015-00801.RTF
Emergency Justification EmergencyJustificationPathAttach2015-00801.pdf
Adopted Date 11/25/2015
Emergency AGO requested date 11/25/2015
Attorney General Opinion 12/07/2015
Colorado Register publication date 12/25/2015
Effective Date 11/30/2015
Inserted into CCR 12/18/2015