Colorado Dept of Revenue – Marijuana Enforcement Division – All The Latest Rules & Regs For Operating In COVID-19 Conditions

On April 2, 2020, the State Licensing Authority adopted Emergency Rules in Response to COVID-19 and Emergency Adoption Order in Response to COVID-19, which incorporate amendments to the Colorado Marijuana Rules to ensure alignment with Industry-Wide Bulletin 20-04, and to provide additional requirements and guidelines for marijuana businesses to operate pursuant to social distancing guidelines. The Emergency Rules include, but are not limited to those summarized below.
  • Public Health Orders and Executive Orders: The Emergency Rules reflect amendments to the emergency rules adopted March 20, 2020, which require all Licensees to comply with applicable public health and executive orders.
  • Emergency Extension of Regulated Marijuana Business and Owner License Renewal Deadline: Pursuant to Executive Order D 2020 015, the Emergency Rules extend (by 30 days) the expiration date of Regulated Marijuana Business Licenses and Owner Licenses expiring between March 25, 2020 and April 24, 2020, providing additional time to submit renewal applications for such licenses.
  • Modifications of Premises: The Emergency Rules reflect amendments to the emergency rules adopted March 20, 2020, which are intended to allow licensees to make temporary modifications to their Licensed Premises, without being subject to application and approval requirements, where such modifications are for the purpose of accomplishing “social distancing” consistent with state-issued orders.
  • Limited Gaming Support and Key Licensees: The Emergency Rules provide a temporary allowance for persons holding a valid license issued by the Colorado Limited Gaming Commission to work in a Regulated Marijuana Business without an Employee License issued by the State Licensing Authority, subject to certain restrictions and requirements.
  • Emergency Suspension of Fingerprinting for Owner License Renewals: The Emergency Rules reflect amendments to the emergency rules adopted March 20, 2020, intended to minimize public health risks associated with COVID-19, by suspending renewal fingerprint requirements for existing Owner Licensees.
  • Social Distancing Measures: The Emergency Rules establish requirements for “social distancing” applicable to Regulated Marijuana Businesses and consistent with state-issued orders.
  • Medical Marijuana Stores and Retail Marijuana Stores: The Emergency Rules establish emergency allowances and restrictions for Medical and Retail Store transactions both inside and outside of the Restricted Access Area of the Licensed Premises to facilitate the implementation of “social distancing” measures consistent with state-issued orders. The Emergency Rules reflect amendments to the emergency rules adopted March 20, 2020.
  • Transfer of Samples for Testing: The Emergency Rules reflect amendments to the emergency rules adopted March 20, 2020, intended to ensure licensees can comply with requirements for testing of Regulated Marijuana pursuant to “social distancing” guidelines.
The Division will continue to issue guidance and updates to assist stakeholders in navigating the state’s response to COVID-19.
Sincerely,
The Marijuana Enforcement Division
PS: Required Testing Reminder: A friendly reminder to all licensees that Heavy Metals contaminant testing for Production Batches of Regulated Marijuana Concentrates and Regulated Marijuana Products began April 1, 2020. Any Production Batch of Regulated Marijuana Concentrates and Regulated Marijuana Products created on or after April 1, 2020 must be submitted for Heavy Metals contaminant testing.

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