Dear Licensees:
On April 23, 2026, the Attorney General of the United States issued a final order and rule that established an expedited registration process for entities holding state medical marijuana licenses, “…enabling such entities to engage in the manufacture, distribution, and/or dispensing of marijuana for medical purposes under federal law.”
The window to apply for a Drug Enforcement Administration (DEA) registration closes on June 26. See Industry Bulletin 26-05 for more information about the rescheduling rule and important reminders for Colorado licensees.
The Division has received questions from some licensees regarding what the impact of registering with the DEA may be on the state-issued license. Please note:
- You must maintain your state-issued regulated marijuana business license to continue in-state operations. Neither the rescheduling rule nor DEA registration changes requirements to maintain your state-issued license or comply with state law and regulations.
- You must maintain your state-issued medical marijuana business license to participate in the DEA registration process.
- MED’s position is, as long as you maintain your state medical marijuana business license(s) and any required local license(s) you can continue to legally operate within Colorado, subject to the Colorado Regulated Marijuana Rules; however, there are still uncertainties regarding DEA enforcement.
- There is currently no process in place whereby an existing state retail marijuana business license can convert to a state medical marijuana business license. In order to hold a state medical marijuana business license, you must submit a new application for the category of medical marijuana license you want to operate. Additionally, Rule 5-235, Rule 5-335, Rule 6-230, and Rule 6-335 of the Colorado Marijuana Rules establish the process for changing the designation of Regulated Marijuana from “Retail” to “Medical.”
We encourage any licensee considering applying for DEA registration to consult with qualified legal and tax counsel regarding whether there is any legal risk to any other marijuana business licenses you own or you personally as the owner.
Regards,
The Marijuana Enforcement Division
