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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  2018-00071

CCR details

Tracking Number 2018-00071
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)(a), 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(IV), 12-43.3-202(2)(a)(XI), 12-43.3-202(2)(a)(XII), 12-43.3-202(2)(a)(XIV), 12-43.3-202(2)(a)(XV), 12-43.3-202(2)(a)(XVI), 12-43.3-202(2)(a)(XX), 12-43.3-202(2.5)(a)(I), 12-43.3-302(5)(c), 12-43.3-401(1)(a)-(e), 12-43.3-402(6), 12-43.3-402(7), 12-43.3-404(4), and 12-43.3-404(10), and sections 12-43.3-104, 12-43.3-310, 12-43.3-311, 12-43.3-313, 12-43.3-401, 12-43.3-405, 12-43.3-501, and 12-43.3-502, C.R.S.
Purpose/Objective of Rule The State Licensing Authority adopted Emergency Rules M 207-210 and M 1701-1703, 1 CCR 212-1 and Rules R 1702-1703, 1 CCR 212-2, on December 27, 2017. The purpose of the December Emergency Rules was twofold: First, to set the fee amounts of two new license types established under House Bill 17-1367, effective August 9, 2017. Second, to amend provisions contained in the Medical and Retail Rules 1700 Series related to Medical and Retail Marijuana Operator Licenses, including amendments to implement House Bill 17-1034. At the time of the adoption of the December Emergency Rules, the Department was also engaging in stakeholder discussions regarding industry impacts of existing permanent rules applicable to Medical and Retail Marijuana Testing Facilities. As a result, the Department delayed permanent rulemaking proceedings on the December Emergency Rules until it could determine whether amendments to the M and R 700 Series and 1500 Series rules justified additional emergency rulemaking proceedings. The Department has determined that absent immediate adoption of amendments to the M and R 700 Series and 1500 Series, existing permanent rule requirements could render compliance and enforcement unnecessarily difficult. Further, the Department sought to avoid dual contemporaneous emergency rulemaking proceedings on Medical and Retail Marijuana rules, followed by similarly conducted permanent rulemaking proceedings. The Department also sought to reduce the risk of stakeholder confusion and limited stakeholder engagement that may result from such contemporaneous rulemaking proceedings. Finally, the re-adoption of these rules is necessary to avoid the 120-day expiration date set forth in the December Emergency Rules. Therefore, re-adoption of the December Emergency Rules is necessary to continue compliance with the requirements of House Bill 17-1367 and House Bill 17-1034.
Comments At the time of adoption of these emergency rules, the State Licensing Authority is concurrently filing a permanent rulemaking notice. The permanent rulemaking process will provide opportunity for substantial stakeholder and public participation. Other relevant information regarding this rulemaking will be located at the Colorado Department of Revenue, Marijuana Enforcement Divisionís website at the following link:https://www.colorado.gov/pacific/enforcement/MEDrulemaking.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB17-1367; HB17-1034
Contact Name Dominique D. Mendiola
Contact Title Dep. Dir., Policy, Regulation, and Communications
Contact Telephone (303) 866-3293
Contact email dominique.mendiola@state.co.us

Adopted rule

Adopted Rules AdoptedRules02018-00071.doc
Redline Redline2018-00071.pdf
Emergency Justification EmergencyJustificationPathAttach2018-00071.pdf
Adopted Date 02/21/2018
Emergency AGO requested date 02/21/2018
Attorney General Opinion 03/13/2018
Colorado Register publication date 03/25/2018
Effective Date 02/21/2018
Inserted into CCR 03/14/2018