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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  2018-00562

CCR details

Tracking Number 2018-00562
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 statutory authority for the revised and new Medical Marijuana Rules is identified in the statement of basis and purpose preceding each rule, and includes subsections 44-11-202(1)(b)(I), 44-11-202(1)(a), 44-11-202(1)(e), 44-11-202(2)(a)(X), 44-11-202(2)(a)(XVI), 44-11-202(2)(a)(XX), 44-11-202(2)(a)(XXII), 44-11-202(2)(a)(XXIII), 44-11-401(1.5), 44-11-403(4), and 44-11-404(2), C.R.S.
Applicable Federal Provisions n/a
Purpose/Objective of Rule The purposes of the revisions and/or additions to the Medical Marijuana Rules, 1 CCR 212-1, and Retail Marijuana Rules, 1 CCR 212-2, are to establish fees, definitions, requirements, and procedures to implement House Bill 1280, House Bill 1389, and Senate Bill 271. House Bill 1280 requires persons appointed by a court to take possession of, operate, manage, or control a Medical Marijuana Business or Retail Marijuana Establishment to notify the State Licensing Authority and apply for a finding of suitability. Further, it requires the State Licensing Authority, upon notification of such court appointments, to issue a temporary registration to the court appointee. House Bill 1389 establishes a centralized distribution permit to be issued to Medical Marijuana Optional Premises Cultivation Operations and Retail Marijuana Cultivation Facilities, authorizing temporary storage of medical and retail marijuana, concentrate, and product, for the purpose of transfer to the permit holder's commonly-owned Medical Marijuana Centers and Retail Marijuana Stores. Senate Bill 271 authorizes marijuana Research and Development Facility and Marijuana Research and Development Cultivation ("Licensed Research Businesses") to share licensed premises with a Medical Marijuana-Infused Products Manufacturer and Retail Marijuana Products Manufacturing Facility. Further, Senate Bill 271 authorizes the State Licensing Authority to establish requirements for transfer of marijuana by Licensed Research Businesses. The State Licensing Authority adopted Emergency Rules to implement aforementioned legislation on June 18, 2018. The re-adoption of the Emergency Rules is necessary on an emergency basis because the June Emergency rules will expire on October 16, 2018, before the conclusion of permanent rulemaking proceedings and the expected effective date of the permanent rules.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB18-1280; HB18-1389; SB18-271
Contact Name Allison Miller
Contact Title Senior Regulatory Analyst
Contact Telephone 303-866-6287
Contact email allison.miller@state.co.us

Adopted rule

Adopted Rules AdoptedRules02018-00562.doc
Redline Redline2018-00562.doc
Emergency Justification EmergencyJustificationPathAttach2018-00562.pdf
Adopted Date 10/15/2018
Emergency AGO requested date 10/15/2018
Attorney General Opinion 11/05/2018
Colorado Register publication date 11/25/2018
Effective Date 10/15/2018
Inserted into CCR 11/07/2018