Dear MED Stakeholders,
The MED is issuing this notice to inform stakeholders of its ongoing efforts to enhance the accessibility of information open to public disclosure. Beginning Monday, May 15, 2023, the MED will publish a new Underage Sales Dashboard on its website with information dating back to 2015. This latest initiative is intended to further our transparency efforts and increase access to open records.
What is an Underage Sales Check?
The MED’s process for marijuana underage sales checks includes employing an underage operative to use his/her own ID to attempt to purchase marijuana. If a business fails the compliance check, it means that the underage operative was successful in gaining entry to the store and/or in purchasing marijuana or marijuana products. Compliance with age restrictions are a high priority for the MED and we dedicate significant resources to ensuring compliance and taking enforcement action where necessary. The MED routinely performs these investigations and partners with local law enforcement when possible. The MED conducted almost 400 underage sales checks in 2022 resulting in a licensee compliance rate of 99%.
When do businesses appear on the Dashboard?
Entries only appear once the underage sale investigation and resulting administrative action case are fully resolved, resulting in a Final Agency Action. An entry appears on the dashboard if the business sells marijuana to an underage operative, as a part of an underage sales check conducted by the MED. The information provided is the business license information as recorded at the time of the underage sale. For current information on the license, you may use the MED Facility Search.
How do I use the Dashboard?
Please view the instructions on how to use the Underage Sales Dashboard for a comprehensive guide.
Why is the MED adding these records to its website?
The MED is adding these records to its website to streamline access to open records and in response to stakeholder feedback and interest in the latest underage compliance trends reported by the Division.
All government agencies are subject to the Colorado Open Records Act (CORA), and the Colorado Revised Statute section 24-72-201, C.R.S., provides that “it is the public policy of this state that all public records shall be open for inspection by any person at reasonable times…” Underage sales check failures that have resulted in a final agency action are generally deemed public records that are available via CORA.
Publishing the dashboard will make these open records accessible to interested parties without having to initiate a CORA request. Records published will redact confidential and other protected information consistent with records furnished pursuant to a CORA request. Additionally, the data published will be updated on a rolling basis as cases are resolved.
Where can I find these records?
Once the MED Underage Sales Check Dashboard is published, it will be linked to the MED homepage.
Please note that information published on the MED’s website only include those operations where the MED participated in the operation and doesn’t include actions taken by local licensing or local law enforcement agencies.
Publishing the underage sales check dashboard on the MED’s website represents one of many initiatives the Department of Revenue is engaging in to enhance transparency and ease of customer access. Most recently, the Division posted all final agency actions on its homepage dating back to 2014.
Sincerely,
The Marijuana Enforcement Division
