Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
12-43.4-103(17.5),12-43.4-104(1)(a)(I),12-43.4-202,subsections (2)(a),(2)(b),(3)(a)(II),(3)(a)(IV),(3)(a)(VII),(3)(a)(VIII),(3)(a)(X),(3)(a)(XI),(3)(a)(XII),(3)(b)(III),(3)(b)(VIII),(3)(b)(IX),(3)(c)(VI),and(3)(c)(VII),12-43.4-309(7)(a),12-43.4-310(2)(a),and 12-43.4-401(1)(a)-(g),12-43.4-402(4),12-43.4-403(5),12-43.4-404, subsections (3) and (6),12-43.4-601(1),C.R.S.,and sections 12-43.4-103,104, 305,401,405,407,and 501,C.R.S.;and Colorado Constitution Article XVIII, Subsection 16(5)(a)(II). |
| 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 Division’s website at the following link:https://www.colorado.gov/pacific/enforcement/MEDrulemaking. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| 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 |
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