Marijuana

Marijuana: Inside recreational and medical draft rules

The rulemaking surrounding Amendment 64 is in full swing at the state level. The Department of Revenue has released a set of draft rule changes and clarifications for a huge chunk of medical marijuana law, as well as draft regs regarding the recreational cannabis industry.

The 100-plus page document is full of details, some mundane and some worth noting. We did a quick scan and have pointed out a few of the highlights (or lowlights, depending on your view) below.

The new rules aren't set in stone yet, however. There will be public hearings 9 a.m. to 5 p.m. August 20, 21 and 22 at the state Supreme Court Chambers, 200 East Colfax Avenue, in Denver. Written comments from stakeholders are also being accepted: E-mail your thoughts to [email protected] or snail-mail them to the MED at 455 Sherman St. Suite 390, Denver 80203.

This also isn't the end of the rulemaking for the newly-created Marijuana Enforcement Division (previously the Medical Marijuana Enforcement Division). Up next will be the topics of production limits and testing mandates, as well as more details on inventory tracking.

"Not only does this approach allow us to ensure that stakeholder input plays an integral role in the formulation of these rules, it allows us to maintain good working relationships with industry members, fellow regulatory and law enforcement agencies and the public we are here to protect," Barbara Brohl, Executive Director of the Department of Revenue, said in a prepared statement. "By keeping the conversation open and inclusive the MED can stay abreast of safety concerns, industry trends or enforcement issues and work with our stakeholders to resolve problems before they arise. This will allow us to provide a proactive, well-reasoned approach to regulation of Colorado's Marijuana Industries -- a foundation we will continue to build on as we move forward and formulate rules in the future."

The complete draft document is below -- but to help you navigate it, we've pointed out some places where changes were made, and other sections that deserve attention. There are a lot more of the latter, especially if you're a medical cannabis business owner -- but this should give you a place to start. And as a bonus, we've illustrated the post with photos from our picks for the ten dankest strains of 2012.

The document clarifies that anyone "engaged in the business of" medical marijuana -- and that includes anyone giving it away -- has to be licensed, or they are illegal. I guess they hadn't clarified that before?

The definitions passages (Section M103) spell out a number of terms. Here are some examples:

"Batch" means a specifically identified quantity of processed medical marijuana that is uniform in strain and potency, cultivated utilizing the same herbicides, pesticides and fungicides, and harvested during the same cultivation cycle.

"Container" means the sealed package in which medical marijuana or a medical marijuana product is placed for sale to a patient and that has been labeled.

"Edible Medical Marijuana-Infused Product" means any medical marijuana infused product that is intended to be consumed orally, including but not limited to, any type of food, drink, or pill.

"Immature plant" means a nonflowering medical marijuana plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping or seedling and that is in a growing/cultivating container that is no larger than two inches wide and two inches tall that is sealed on the sides and bottom.

Continue for more about new recreational and medial marijuana draft rules.