Tuesday, October 15, 2013

Colorado Marijuana Production Rules

See attached, there is a new round of rule making. The most significant of which is the production caps work group that is going to decide how much marijuana producers can grow. Please consider written comments. 

Sean T. McAllister, Esq.
McAllister Law Office, P.C.
36 Steele St., Suite 200
Denver, CO 80206
(Ph) 720-722-0048
(Fax) 720-542-8391
(Em) sean@mcallisterlawoffice.com
www.mcallisterlawoffice.com
Offices in Denver and Summit County
 
Retail and Medical Marijuana Rulemaking Announcement
October 7, 2013

Background Information


On May 28, 2013, Governor Hickenlooper signed three bills into law that address the implementation of Amendment 64, including requirements for the State Licensing Authority (“SLA”) to adopt rules governing retail marijuana establishments.  In order to comply with those requirements and those found in Amendment 64, the SLA adopted emergency rules governing retail marijuana in the state of Colorado on July 1, 2013.  The emergency rules were then refined through a permanent rulemaking process during which the SLA hosted over forty hours of working groups meetings, reviewed nearly 300 written comments and held two days of formal hearings.  After working extensively with stakeholders and reviewing all public input, the SLA adopted the permanent rules for retail marijuana and revised rules for medical marijuana on September 9, 2013. 

Through the permanent rulemaking process, the SLA identified four public safety issues, (1) an interim production cap for retail marijuana cultivation, (2) concentrate production safety, (3) edible product consumer safety, and (4) mandatory testing and random sampling, that it required additional information and public input on prior to adopting rules.  Therefore, the SLA intends to initiate a follow-up rulemaking in order to promulgate clear and thorough rules that will address these important public safety issues.  This announcement provides information to members of the public interested the upcoming rulemaking.

Written Comments

The SLA encourages interested parties to submit written comments on the issues to be addressed during this rulemaking by November 13, 2013, so that the SLA can review comments prior to the rulemaking hearing.  Written comments will also be accepted until the rulemaking record is closed following the hearing.
The SLA will accept all written comments but strongly encourages written comments to be submitted on Form DR 2477.  The form is available on the DOR’s Amendment 64 page, which can be found at:  www.colorado.gov/revenue/amendment64. 

Please print, complete and save Form DR 2477 as a separate document and then submit the Form via e-mail.  Written comments and completed Forms DR 2477 may be emailed to:
dor_ruleform@state.co.us.  In addition, you may submit completed Forms DR 2477 to:

Colorado Department of Revenue
Executive Director’s Office
RE: Rules
1375 Sherman Street, Room 409
Denver, CO 80261

Written comments will also be accepted at the rulemaking hearing and at all stakeholder working group meetings. 

Stakeholder Working Groups

Stakeholder Working Groups & Members:  The SLA is organizing four stakeholder working groups to engage in depth discussions about specific issues related to the regulation of retail marijuana and medical marijuana.  The following is a list of the stakeholder working groups and the members for each group.   

·         The Interim Production Cap Working Group
o   Chair: Lewis Koski (Marijuana Enforcement Division)
o   Ron Kammerzell (Department of Revenue)
o   Jordan Wellington (Marijuana Enforcement Division)
o   Jack Finlaw (Office of the Governor)
o   Adrienne Russman (Office of the Governor)
o   Rob Shapiro (Attorney General’s Office)
o   Kathy Sasak  (Colorado Department of Public Safety)
o   Tom Raynes / Chris Haslor (Colorado District Attorney’s Council)
o   Chief John Jackson (Greenwood Village Police Department)
o   Lt. Ernie Martinez (Denver Police Department)
o   Rachel O’Bryan (Smart Colorado)
o   Andrew Livingston (Vicente-Sederberg)
o   Mike Elliot (Medical Marijuana Industry Group)
o   Matt Huron (Good Chemistry and Sweetwater Partners)
o   Cheri Hackett (Botana Care)
o   Collon Kennedy (Colorado Communiqué)
o   Eric Speidell (The Green Solution)
o   Lauren Davis (NORML)

·         The Concentrate Production Safety Working Group
o   Chair: Jordan Wellington (Marijuana Enforcement Division)
o   Lewis Koski (Marijuana Enforcement Division)
o   Ron Kammerzell (Department of Revenue)
o   Jennifer Weaver (Attorney General’s Office)
o   Jeff Groff (Colorado Department of Public Health and Environment)
o   Chris Olson (County Sheriff’s of Colorado)
o   Jeff Pothast (Certified Industrial Hygienist)
o   Samantha Walsh (United Food and Commercial Worker’s Union Local 7)
o   Kimberly Ryan (Labor Attorney)
o   Chloe Villano (Clover Leaf University)
o   Ronn Nixon (Consumer Advocate)
o   Sarah Londberg (Canndo Consulting, LLC)
o   Ralph Morgan (Organa Labs)
o   Elliot Klug (Pink House Blooms)
o   Brad Melshenker (The Greenest Green)
o   Ryan Cook (The Clinic)


·         The Edible Product Production Safety Working Group
o   Chair: Jordan Wellington (Marijuana Enforcement Division)
o   Lewis Koski (Marijuana Enforcement Division)
o   Ron Kammerzell (Department of Revenue)
o   David Blake (Attorney General’s Office)
o   Jeff Lawrence (Colorado Department of Public Health and Environment)
o   Danica Lee (Director of Public Health Inspections, Denver)
o   Lane Drager (Boulder County Public Health)
o   Lisa VanRaemdonck (Colorado Association of Local Public Health Officials)
o   Eric Bergman (Colorado Counties, Inc)
o   Teri Robnett (Patient Advocate)
o   Mark Slaugh (iComply)
o   Christie Lunsford (Dixie Elixirs)
o   Timothy McDowell (marQaha)
o   John Whiteman (Mountain High Products, LLC)

·         The Mandatory Testing and Random Sampling Working Group
o   Chair: Jordan Wellington (Marijuana Enforcement Division)
o   Lewis Koski (Marijuana Enforcement Division)
o   Ron Kammerzell (Department of Revenue)
o   Jan Zavislan (Attorney General’s Office)
o   Jeff Groff (Colorado Department of Public Health and Environment)
o   Laura Pottorff (Colorado Department of Agriculture)
o   John Scott (Colorado Department of Agriculture)
o   Beverly Bookout (Boulder Police Officer)
o   Laura Borgelt (Associate Professor at the University of Colorado, Clinical Pharmacy and Family Medicine Department)
o   Michael F. Wempe (Director of the Medicinal Chemistry Core Facility at the University of Colorado, Anschutz medical campus.)
o   Sandra Solin (Smart Colorado)
o   Heather Despres (Laboratory Director for CannLabs)
o   Russ Cohen (PH2 Labs)
o   Joseph Evans (Lab Director for Steep Hill Labs)
o   Brian Swanton (Tree Line Premier Dispensary)
o   Andy LaFrate (Mountain High Manufacturing)
o   Brooke Gehring (Patient’s Choice)


Please note that the SLA reserves the right to change the composition of any stakeholder working groups as it deems necessary throughout the process. 

Stakeholder Working Group Descriptions:  The stakeholder working groups assembled for this rulemaking will be tasked with discussing a discrete and limited set of issues.  Below is a description of the topic to be discussed by each working group.

The Interim Production Cap Working Group will discuss temporary limits on retail marijuana production that will be in place until the SLA has collected sufficient information, including receipt of an independent market study scheduled to be released in the Spring of 2014, to determine how best to permanently manage production.

The Concentrate Production Oversight Working Group will discuss various methods of concentrate production and the regulations that are necessary to address concerns related to worker and product safety. 

The Edible Product Production Oversight Working Group will discuss the development and implementation of a public health program to oversee edible product production. 

The Mandatory Testing Program Working Group will discuss the creation and implementation of a mandatory testing and random sampling program for retail marijuana, retail marijuana concentrates, and retail marijuana products.

Meetings & Locations:  The stakeholder working groups will meet according to the following schedule:

o The Interim Production Cap Working Group
§ October 15, 2013 from 1PM to 5PM at the Old Supreme Court Chamber, Colorado State Capital, 200 E. Colfax Ave., Denver, CO 80203
§ October 16, 2013 from 1PM to 5PM at the Old Supreme Court Chamber, Colorado State Capital, 200 E. Colfax Ave., Denver, CO 80203 (if necessary)

o The Concentrate Production Safety Working Group
§ October 21, 2013 from 1PM to 5PM at the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214; Entrance B, Conference Room 110
§ October 25, 2013 from 1PM to 5PM at the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214; Entrance B, Conference Room 110 (if necessary)

o The Edible Production Safety Working Group
§ October 29, 2013 from 1PM to 5PM at the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214; Entrance B, Conference Room 110
§ October 30, 2013 from 1PM to 5PM at the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214; Entrance B, Conference Room 110 (if necessary)

o The Mandatory Testing and Random Sampling Working Group
§ November 6, 2013 from 1PM to 5PM at Division of Gaming, 17301 West Colfax Avenue, Suite 135, Golden, CO 80401, Gaming Commission Room
§ November 7, 2013 from 1PM to 5PM at Division of Gaming, 17301 West Colfax Avenue, Suite 135, Golden, CO 80401, Gaming Commission Room (if necessary)

Please note that the second meeting for each working group will be held if necessary.  The Division will decide at the commencement of each working group’s first meeting, if a second meeting is necessary.  If a second meeting is held, the Division reserves the right to end the meeting up completion of the working groups discussion.

Public Participation: All stakeholder working group meetings will be open to the public.  Additionally, a recording and minutes of each meeting will be made available via the DOR Amendment 64 website: www.colorado.gov/revenue/amendment64.  Agendas for the first meeting of each working group will also be made available to the public at least 24 hours in advance via the website.  Agenda’s for a second meeting, if necessary, will be noticed as quickly as possible.  Additionally, the Division will provide an opportunity for interested individuals to provide public comment during the first meeting for each working group.



Public Hearings

The State License Authority will hold a formal, public hearing regarding the rules to be adopted through this rulemaking.  Any member of the public may testify at the hearing and/or submit written comment - all testimony and written comment will be considered part of the formal public record. 

Hearing Schedule:  The formal public hearing will be held on November 18th at 9am.  The hearings will be held in the Old Supreme Court Chamber, Colorado State Capital, 200 E. Colfax Ave., Denver, CO 80203.