Retail marijuana emergency rules: William Breathes's first take
Today, the Colorado Department of Revenue and the Marijuana Enforcement Division jointly released emergency rules for the marijuana industry. The agencies stress that these mandates are temporary, meant only as placeholders until permanent rules are adopted. Our William Breathes went over the edicts and jotted down his first impressions about their most interesting elements. Check them out below, followed by the complete document and a press release from the DOR and the MED.
• Approval or denial within ninety days.
• State licenses are conditional upon local approval and a shop can't open with just state approval. Even if communities would rather abide by overall state rules, they must adopt their own regulations.
• Applicants must apply no less than thirty days out from license expiration, and the department may or may not send a reminder.
Managers may be paid based on gross profits, new profits or a base salary....
• The spouse of a licensee may also hold a license in "his or her own right," regardless of whether the couple files together or separately.
• A $500 application fee must be paid for each application by existing medical marijuana centers.
• A $5,000 application fee is required of everyone else, and it must be submitted along with the application.
Licensing fees are also due at the time of your application, although they'll be refused to those whose applications are denied. The licensing fees are due each year.
• Retail cultivation facility: $2.750.
• Retail manufacturing/infused license: $2,750.
• Testing facility license: $2,750
All applicants will be fingerprinted for a background check. Any owner with a felony must report it within ten days to the Department of Revenue.
Employees will be badged much like those in the medical marijuana industry.
Signage rules, badge requirements and visitor access rules are similar to those under state marijuana laws. Video surveillance isn't as far-reaching, however. Businesses are required to have surveillance, but it doesn't have to be directly linked to the newly created Marijuana Enforcement Division. However, owners must make security footage available to law enforcement upon request.
Waste has to be make "unusable and unrecognizable as marijuana" before being tossed. Marijuana business waste has to go through proper disposal channels as well, including depositing the waste at licensed facilities. Material can be composed and re-used on site at a dispensary or grow provided the composting facilities are approved by the state.
Medical stores and retail stores can "share" the same location so long as nobody under 21 is admitted -- even medical marijuana patients. Inventory has to be kept separate for recreational and medical cannabis.
The 70/30 rule ends on September 30, 2014.
• A quarter-ounce limit to out-of-state visitors per transaction will be imposed. For residents, the limit is one ounce.
• Sales over the Internet are prohibited
Shops can't give away or sell anything that isn't related to marijuana, including tobacco, alcohol, food and even non-alcoholic drinks. Followed to the letter of the law, that means no more Coke machines in dispensaries or even a free fridge for patients.
Marijuana would be tracked up to the point of sale, but not to whom it was sold. RFID tracking isn't required, but the rules suggest discussing it in the future.
Sanitary requirements at grows include hand-washing stations, equipment cleaning schedules and rooms constructed to be easily cleaned.
Labels will include THC, THCA, CBD, CBDA, CBN and CBG percentages by weight, as well as the milligram amount of THC per container. Concentrates have to list all solvents and chemicals used.
Edibles will be limited to 10 milligrams of active THC per serving, but packages can contain multiple servings.
Here's the retail-marijuana emergency-rules document, followed by a press release from the Marijuana Enforcement Division and the Department of Revenue.
More from our Marijuana archive: "Marijuana: U.S. Conference of Mayors tells feds to back off on pot, respect state's rights."
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