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

Details of Tracking Number  2019-00479

CCR details

Tracking Number 2019-00479
Type of Filing Permanent Rule
Department 200 Department of Revenue
Agency 212 Marijuana Enforcement Division
CCR Number 1 CCR 212-3
CCR Title Colorado Marijuana Rules

Proposed rule

Notice Filed with SOS 08/30/2019
Rule ProposedRuleAttach2019-00479.pdf
Statutory Authority The State Licensing Authority promulgates these rules pursuant to the authority granted in the Marijuana Code, Article XVIII, Section 16 of the Colorado Constitution, and section 24-4-103, C.R.S., of the Administrative Procedure Act.
Description of Subjects/Issues The State Licensing Authority will consider the promulgation of new and amended rules to implement 2019 legislation (including SB19-224, HB19-1090, HB19-1230, and HB19-1234), set fees, and address any other subject matter necessary to implement, interpret, and effectively administer and enforce the Marijuana Code. The Marijuana Rules will include a reorganization of the existing Medical Marijuana Rules and Retail Marijuana Rules. Subjects include: Definitions Applications, Licenses, and Interests Delivery Permits Hospitality Business Licenses Hospitality and Sales Business Licenses Accelerator Endorsements Retail Marijuana Accelerator-Cultivator Licenses Retail Marijuana Accelerator-Manufacturer Licenses Consumer Waste Recycling Audited Products Ė Pressurized metered-dose inhalers Investigative Subpoenas Medical Marijuana Sales Limits Sales-based Performance-based Incentives Transition Permits Industrial Hemp Products Offered for Sale or Used as Ingredients Immature Plants and Seeds Transfers Redundant Testing of Regulated Marijuana Products Advertising and Branding For specific information and language concerning the proposed changes and new rules, please refer to the contents of the attached Notice.
Purpose/Objective of Rule The purpose of the adoption is to repeal the Medical Marijuana Rules at 1 CCR 212-1 and Retail Marijuana Rules at 1 CCR 212-2 and replace them with the Colorado Marijuana Rules at 1 CCR 212-3. In 2019, SB19-224 repealed the Medical and Retail Codes and replaced them with the Marijuana Code. Similarly, the State Licensing Authority is repealing the Medical and Retail Rules to replace them with the Colorado Marijuana Rules. Further, this adoption is required to implement statutory changes pursuant to 2019 legislation (HB19-1090, HB19-1230, HB19-1234, SB19-224) and incorporate updates to prior rules based on recommendations from interested parties and streamline measures pursuant to the State Licensing Authority's general rulemaking authority.
Comments For purposes of this rulemaking, the State Licensing Authority initiated 14 public meetings between June and September of 2019. More information related to these meetings can be found on the Divisionís website: https://www.colorado.gov/pacific/enforcement/med-2019-rulemaking Initial proposed rules were prepared in conjunction with the stakeholder meetings and are, or will be, available on the Divisionís website:https://www.colorado.gov/pacific/enforcement/med-2019-rulemaking
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB19-1090, HB19-1230, HB19-1234, SB19-224
Hearing Date 10/15/2019
Hearing Time 09:00 AM
Hearing Location 1707 Cole Blvd., Ste. 300, Lakewood, CO 80401
Contact Name Dominique D. Mendiola
Contact Title Dep. Dir., Policy, Licensing, and Communications
Contact Telephone 3032498068
Contact email Dominique.Mendiola@state.co.us

Adopted rule

Adopted Rules AdoptedRules02019-00479.doc
Adopted Date 11/05/2019
AGO requested date 11/05/2019
Attorney General Opinion 11/21/2019
Colorado Register publication date 12/10/2019
Effective Date 01/01/2020
Inserted into CCR 12/20/2019