Marijuana: Department of Revenue releases final recreational pot rules

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Photos and more below.
The Colorado Department of Revenue has released its set of rules for the soon-to-be recreational marijuana industry. And there are a lot of them. The document is 144 pages long; see it below.

Much of the language in the doc is taken from existing medical marijuana rules in Colorado (which also got an update this week) including when and how cannabis can be sold and who can own and operate marijuana dispensaries.

A department press release maintains that "these rules are designed not to make the operation of Retail Marijuana Establishments unreasonably impracticable, but also promote public safety and ensure compliance with constitutional and statutory guidelines."

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Starting October 1, the DOR will accept applications for recreational marijuana stores. If all goes as planned, those shops could open their doors as early as January 1, 2014. Medical marijuana facilities switching over to recreational sales will pay a $500 application fee, plus anywhere from $2,750 to $14,000 for an annual license.

Among the more controversial moves are rules that prevent stores from advertising in newspapers or the radio where more than 30 percent of the audience is reasonably expected to be under the age of 21. Stores must also grow their own cannabis until October of 2014, when separate cultivation facilities will be allowed.

In addition, the rules call for a system to track marijuana from the time it is grown until the point of sale (but not record to whom it is sold) -- much like the system required by the rules written for medical marijuana in 2010.

That system never materialized, despite the state having spent six-figure sums to create a "seed-to-sale" way to track plants and inventory. Details of the project's failure made their way into a previous state auditor's report, which lambasted the DOR for its mishandling of the medical marijuana industry.

To Jessica LeRoux of Twirling Hippy Confections, the Marijuana Inventory Tracking system (MITs) now being proposed is a slap in the face to the hundreds of medical businesses that want to transfer into recreational sales. Why? Because such operations have already bought into a failed medical marijuana tracking system through their licensing and application fees over the past few years.

Continue for more about the final recreational marijuana rules from the Colorado Department of Revenue, including the complete document.


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42 comments
JimTom
JimTom

Could I expect WestWord to have a 30% readership below the age of 21? Sure would. What is WestWord going to do to prove they can still accept pot ads?

JimTom
JimTom

I may have missed it in all the stupidity envolved with A64 including A64 itself, but what are the new rules on buying/selling seeds? I need some new strains and I wouldn't spend a dime in a dispensary.

Cognitive_Dissident
Cognitive_Dissident topcommenter

"these rules are designed not to make the operation of Retail Marijuana Establishments unreasonably impracticable, but also promote public safety and ensure compliance with constitutional and statutory guidelines."

I LOL'd.

Che Harness
Che Harness

and non-smokers can get over having to walk through a cloud of smoke. If they want to be rude then I can be rude as well.

COlady
COlady

Hey Now, 

Jessica LeRoux here, I have been trying for months to get this discussion of Tracking out into the public.  Here is some additional stuff I feel you all should know about this MITs system... 

#1 Franwell the company that "designed" our system is pretty much the Haliburton of tracking systems and they specialize in government/private sector projects. Franwell has been LATE on their last three projects that they have done for government interface programs. 

#2 This MITs system is required whether you are converting to recreational, seeking dual licensing or remaining Medical only. 

#3 The new rules for both medical and recreational REQUIRE not only purchasing the yet unfinished Franwell system, but you must have had an owner take a compliance class on using the system by December 31st. If the system is not operational by that date there is NO sales of cannabis recreational or MEDICAL allowed period as there is no backup, meaning there is NO other way to operate your business legally if the MITs system is down or not yet ready for activation.  

We absolutely MUST demand a price cap on this system, and a back up option for days when the system fails. enough is enough! 

Chelly Serna
Chelly Serna

It's never going to happen, Che. Smokers will be forced outside until the zombie apocalypse. Get over it.

whosdp
whosdp

How to make a million bucks:  Design and build small, home growing stations, so that even the most horticulturally challenged individual could grow his/her own supply of marijuana, making the process of growing one's own easier and far more economical.  If illegals can grow good stuff in the mountains, surely it's not that difficult.  In fact, having grown some of my own, in CA, I KNOW it's not that hard!!

The State is attempting to kill it's golden goose with a dizzying array of regulations and ambiguous fees.  Instead of embracing it's fledgling billion dollar industry, it's doing its best to curtail it with a "million paper cuts.''  

This new industry has entrepreneurs chomping at the bit, discouraged only by regulators clearly charged with obfuscation, NOT elucidation.  Why do I have the feeling that the black market will continue to thrive distributing a product we've made legal?

Max Kaufman
Max Kaufman

Sam Kaufman Alek Laudel Jacob Massey

fragglerock
fragglerock

Excess tax revenue is more than likely going to be used to build a real "MMED" to help assist the lying DOJ down the road, and to bring about a level of harassment and intrusion to the average Colorado green thumb that has not yet been seen. 

Everything is going the way of the NSA. The Federal Government wants an eye on everything and eventually they will get it. If you believe Eric Holder , I feel sorry for you. 

Che Harness
Che Harness

What happened to regulating it like alcohol? I want marijuana bars, T.V. ads, and the same public consumption allowed to drinkers. I'll accept smoking areas at public events because the product is not self-contained. But since this Colorado Clean Indoor Act crap pushed smokers outside, non-smokers should really have to put up with the nuisance until business are given their rights back.

robert.oppenheimer3
robert.oppenheimer3

Ever wonder why the police don't just park outside the bars at 2 a.m. and bust the drunks as they get into their cars to drive home? How many alcoholic beverages are sold at the various sporting events in Colorado (and the nation) both college and professional? I bet a lot. Home viewers likely comprise an even larger number. Any percentage of lost sales (whatever that number) due to people choosing the cannabis alternative has to have the brewers and distillers nervous. Hence, the continued pot hysteria. Also, pot smokers are going to be less dependable consumers, etc. Have a nice day!

stuka1
stuka1

Bottom paragraph, page 3: 

"These rules are designed not to make the operation of Retail Marijuana Establishments unreasonably impracticable, ******BUT ALSO****  promote public safety and ensure compliance with constitutional and statutory guidelines."

 Translation:  Making the the operation of retail shops unreasonable impracticable is PRECISELY what they intended. Note that they say "but ALSO" instead of "but RATHER".

Raziel Talos
Raziel Talos

As long as there's something in there against smoking in public or driving I don't care. I just say keep it away from me and well all be fine

Monkey
Monkey

These outrageous fees should more than cover the cost of regulations, without any additional state and local sales taxes. But when the people vote no on the new taxes proposed by legislators, I bet the fees go even higher, if you want to sling regulated weed.

tutonehcc
tutonehcc

So how many people can you be a recreational caregiver for?  Can I grow 6 plants for every friend on Twitter?

JimTom
JimTom

@Che Harness WTF are you talking about idiot?

Mary
Mary

@COlady Which 3 systems was Franwell late on?  Also, the MED has said they are designing this system from the ground up....can you prove otherwise?

Cognitive_Dissident
Cognitive_Dissident topcommenter

@COlady So let me get this straight. There's a REQUIREMENT that every retailer be a customer of this particular company and its product? Why would that even be constitutional. Would the (state or federal) founders have imagined a requirement that someone buy a particular product from a particular company?

stuka1
stuka1

@COlady Hey, Jessica, any ideas on how to get that ball rolling? ...or to prove to these idiots that their pipe dream isn't going to work...?

George
George

@whosdp The black market never did any harm to cannabis. I say, bring the black market back. At least they valued the privacy of patients more than the current dispensaries do, who have handed over patient records to the DOR pot police without even a thought for their patients' welfare.

ILoveMyselfAlot
ILoveMyselfAlot

@Raziel Talos If I have to watch the drunken buffoons shout and curse and drool all over themselves as me and my family walk down the 16th Street Mall, I believe you can handle some hippies toking up peacefully outdoors......Get over yourself....

fragglerock
fragglerock

@Monkey I think they are trying to use the excess tax revenue to build a highly intrusive task force to knock on doors, audit bank accounts, etc... 

Monkey
Monkey

@tutonehcc What's a "recreational caregiver"? A64 does allow you to "assist" anyone 21 and over, so I would start calling yourself a personal cannabis "assist"ant.

COlady
COlady

@JimTom @COlady 

I voted NO on 64, and I am trying to make the best of a bad situation, Im the one who asked William to write about the concerns with the system and the fact that it applies not just to recreational sales but all licensed sales of cannabis products medical and recreational. I attended over 300 hours of state and legislative meetings and I never saw you there... but please by all means take pleasure in pointing your finger because its all you have to contribute obviously! 

George
George

@JimTom SO TRUE! These puerile pot punks are reaping what they sowed!

George
George

@Cognitive_Dissident Since dispensary owners have not once stood up against over-regulation, and in fact, begged and begged for MORE regulation to make them "feel legitimate", I wouldn't hold my breath for them to fight against anything ever. Bend over and take it. Buck dich, as DH used to say.

COlady
COlady

@stuka1 @COlady I feel that getting anough owners to be signatories to an open letter demanding three things is needed. #1 a price cap that all owners feel is a fair share of the new burden and not one penny more. #2 equal access to training for all locations even rural ones hours away from denver. #3 a backup system for any time the MITs system fails or is off line. 

whosdp
whosdp

@George...hence, my point about the marketability of self-contained growing stations, which would alleviate the average smoker's need to even utilize commercial operations for his supply.  Offer me something with a small enough footprint to fit comfortably in my apartment, where I could grow my own, and I'd never darken the doorstep of a dispensary, again!

Local politicians see only the revenue side of the equation...what's new?  Since they seem hellbent on taxing pot to the hilt, alternate sourcing just makes economic sense...

JimTom
JimTom

@COlady @JimTom WRONG I contributed by voting NO. I wouldn't waste my time on such a useless pursuit as going to public hearings and meetings that are just for show.

George
George

@COlady @stuka1 But you're fine with allowing the police to videotape patients faces and then linking them up with their parallel registry database. Where is the outrage on that requirement?

George
George

@tutonehcc According to Rob Corry, yes, you can assist unlimited amounts of other adults in their growing of cannabis. BUT remember, you don't get an affirmative defense under A64, only under A20. So if you get busted, you may not be able to defend your actions, depending on what the judge lets you do.

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