Here’s the Release in Full

January 23, 2019



Dear Marijuana Industry Stakeholders:

This Industry-Wide Bulletin is intended to remind licensees about the implementation of permanent rules that were adopted on November 9, 2018, and became effective January 1, 2019. This bulletin is not intended to address each rule change but should serve to highlight certain rules that may impact a greater number of licensees. It is the responsibility of each licensee to review and comply with statute and rules, the full set of which can be found on the Division website at this link.

Audited Product- MED Rules M & R 103 and 607:

Audited Product is a newly defined term that describes Medical Marijuana-Infused Product and/or Retail Marijuana Product with an intended use of: (1) metered dose nasal spray, (2) pressurized metered dose inhaler, (3) vaginal administration, or (4) rectal administration.

From January 1, 2019 to June 30, 2019: A Medical Marijuana-Infused Products Manufacturer and/or Retail Marijuana Products Manufacturing Facility may produce, label, and Transfer Audited Product if it, at a minimum (1) complies with Rules M & R 607(C), 607(G), and 607(H); (2) complies with Rules M & R 607(F) to the extent practicable; and (3) submits documentation to the Division, on Division approved forms, that certifies as of January 1, 2019, it is in compliance with such rules and will be in full compliance with Rules M & R 607 by July 1, 2019. That form can be found at this link.

Beginning July 1, 2019: A Medical Marijuana-Infused Products Manufacturer and/or Retail Marijuana Products Manufacturing Facility must be in full compliance with Rules M & R 607 prior to Transferring any Audited Product, without exception.

Heavy Metals Testing – MED Rules M & R 712 and 1501:

MED Rules M & R 712(E)(4) establish acceptable limits for heavy metals in Medical and Retail Marijuana, and MED Rules M & R 1501(C)(7) establish required testing of heavy metals for Harvest and Production Batches. The Division will not implement or enforce required heavy metals testing in accordance with Rules M & R 1501(C)(7) until Medical and Retail Marijuana Testing Facilities are certified by the Division to conduct heavy metals testing and have shown an ability to meet the anticipated capacity for the number of Test Batches that will require heavy metals testing. The Division will issue another industry bulletin at least four weeks prior to enforcing required heavy metals testing to inform licensees of the official implementation date of Rules M & R 1501(C)(7). Licensees will be able to determine which Testing Facilities are certified for heavy metal testing by checking their industry’s licensee list for Testing Facilities on the MED Licensed Facilities webpage.

These products

must be manufactured and Transferred in compliance with MED Rules M & R 607, as follows:

1707 Cole Blvd., Suite 300 Lakewood, CO 80401

Fibrous Waste – MED Rule M & R 103 and 307.5:

Senate Bill 18-187 defines Fibrous Waste as any roots, stalks and stems from a Medical and Retail Marijuana Plant. MED Rules M & R 307.5 were promulgated in accordance with the authority provided in SB 18-187 to provide the conditions under which Fibrous Waste may be Transferred for the sole purpose of producing Industrial Fiber Products. Consistent with Senate Bill 18-187, the rules require a contract between a Fiber Products Producer and the Optional Premises Cultivation Operation, Medical Marijuana-Infused Products Manufacturer, Retail Marijuana Cultivation Facility, or Retail Marijuana Products Manufacturing Facility seeking to Transfer Fibrous Waste to an Industrial Fiber Products Producer. The rules also include provisions addressing business records, security measures, and inventory tracking requirements. Licensees that plan to Transfer Fibrous Waste from the Licensed Premises should review Rules M & R 103, 307, and 307.5 for further details.

Kief – MED Rule M & R 103 and 1503 (C.1):

Kief is now a defined term in Rules M & R 103. MED Rule M & R 1503(C.1) requires potency testing for every Harvest Batch of Kief produced prior to its Transfer. This applies to all Harvest Batches of Kief created on, or after, January 1, 2019. The Division issued a Statement of Position defining Kief on December 3, 2018.

A complete copy of the Medical Marijuana Rules, 1 CCR 212-1, and Retail Marijuana Rules, 1 CCR 212-1 are accessible at the Division’s website at the following link:

Please be aware that the information contained in this Industry Bulletin and associated attachments do not represent legal advice or replace a licensee’s responsibility to read, understand, and maintain full compliance with all relevant statutes and rules.

Sincerely ,

James Burack
Marijuana Enforcement Division