Sunday, October 5, 2014

GIVING OUT MARIJUANA PRODUCT FREE SAMPLES AT TRADE SHOWS OR OTHER PUBLIC EVENTS, SEAN'S TAKE.

More guidance from the MED – this time on public events/trade shows. I have always advised clients there is significant danger in giving out free samples at any event. This makes clear it could result in a loss of your license. See below. Contact me if you have any questions.

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
Offices in Denver and Summit County

From: medindustrybulletins - DOR, DOR_ [mailto:dor_medindustrybulletins@state.co.us] 
Sent: Thursday, October 2, 2014 5:13 PM
To: undisclosed-recipients:
Subject: MED Industry Bulletin 14-09 Colorado Marijuana Industry Members Participating in "Cannabis Events"

October 2, 2014

Industry-Wide Bulletin 14-09

RE:  Colorado Marijuana Industry Members participating in “Cannabis Events”

Dear Colorado Marijuana Industry Members:

Among the Marijuana Enforcement Division’s (MED) top priorities are to issue licenses and regulate the retail and medical marijuana industries in Colorado.  These are privileged licenses which are issued by the State Licensing Authority for specific premises to be operated within the strict guidelines set forth by the Colorado Constitution, the Colorado Revised Statutes (Statutes) and the Colorado Code of Regulations (Regulations).

The MED is providing industry members participating in cannabis events, trade shows, industry marketing, on site branding or marijuana giveaways with an overview of broad prohibitions included in the statutes and regulations.  The following statutes and regulations should be considered and adhered to when participating in these events;

  • Rule R401(A) and Rule M401 (A) A Retail Marijuana Store or a Medical Marijuana Center shall only exercise those privileges granted to it by the State Licensing Authority.

  • C.R.S. 18-18-405 Unlawful distribution, manufacturing, dispensing or sale of marijuana.

  • C.R.S. 18-18-406 Unlawful sale/transfer/dispensing of marijuana and marijuana concentrate.

  • C.R.S. 18-18-406(2)(b) Unlawful to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell or distribute marijuana or marijuana concentrate.

  • C.R.S. 12-43.4-402(7)(c) Unlawful to sell retail marijuana to someone not on the licensed premise.

  • C.R.S. 12-43.4-901(2)(a), 12-43.4-309(4), and C.R.S. 12-43.3-901(2) Unlawful to sell, possess, supply, transfer, transport, deliver, dispense, give away, or acquire retail and medical marijuana or retail or medical marijuana products except as authorized by section 16 of article XVIII of the state constitution.

  • C.R.S. 12-43.4-901(4)(h)  Unlawful to distribute marijuana or marijuana products, with or without remuneration, directly to another person using a mobile distribution center.

  • Rule R401(F) Rule M401(F) Unlawful to store retail or medical marijuana off the licensed premises.

  • Rule R405 and Rule M406(A)(1) Unlawful to transfer, transport or receive retail marijuana outside the State Marijuana Inventory Tracking System.

With these statutes and regulations in mind, the MED is prepared to hold the business and individual marijuana licensees responsible for violations of state statutes and regulations. Failure to abide by the statutes and regulations may result in the suspension or revocation of your marijuana license in addition to possible criminal charges and penalties.

Regards,


Lewis Koski
Director
Marijuana Enforcement Division