HomeMy WebLinkAboutStudy Session Agenda Packet 12-01-14STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
December 1, 2014
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVALOFAGENDA
L Staff Report(s)
£. Elected Officials' Report(s)
~ Marijuana Moratorium
ADJOURNMENT
~~i.~
.... # r City of • ~Wheat&.__dge ~OFFICE OF THE CnY MANAGER
TO:
THROUGH:
FROM:
DATE:
Memorandum
Mayor and City Council ('\_\
Patrick Goff, City Manager .';JJJ
Gerald Dahl , City Attorney
Carmen Beery, City Attorney 's Office
November 24 ,2014
:[fern-3.
SUBJECT: Draft Ordinance Amending Marijuana Busines s Regulations
At your December 1st study session , you will review the draft ordinance prepared by staff in
response to direction previously given by Council in regards to marijuana business regulations.
This memorandum provides an executive summary of the ordinance and some additional
information and staff recommendations.
Section 1: The amendment to Code Section 11-296 requires applicants for medical marijuana
business licenses to file a sign application together with the general business license application .
Recognizing that signage may be one of the later details determined by a new business , the
added language also authori z es an applicant to provide the sign application as soon as practical ,
if not immediately available. The intent of this regulation is to confirm that proposed signage
and advertising is consistent with local and state regulation s, in particular for sign types that
would not otherwise require a building permit. Section 4 below addresses applicable sign
regulations.
Section 2 : Amendments to Code Section 11-298 address the following policy goals:
• Establish a cap of five (5) total "store fronts" (retail marijuana stores , medical marijuana
centers and co-located retail establishments). This is consistent with the current number
of existing stores.
• Establish a cap of three (3) total manufacturing facilities (retail , medical and co-located).
This is consistent with the current number of existing and pending facilities .
• Establish a process under which applications received on the same date will be processed
when only one (1) license of the type sought is available. Staff believes a "first in time"
rule is clear and fair , as is a random drawing of lots to prioritize applications received on
the same date.
Section 3 : Amendments to Code Sec. 11-305 address several policy goals:
• A one thousand (1 ,000) foot separation requirement is added for medical marijuana
centers from improved City parks and the Wheat Ridge Recreation Center. These types
of public facilities are frequented by children.
• Staff recommends amending the method of distance measurement for all separation
requirements to be the same. Tracking and applying the various methods of measurement
that currently exist under the Code has proved to be burdensome. Staff further
recommends that the measurement used be a direct aerial measurement ("as the crow
flies "), from property line to property line , instead of the "direct pedestrian route"
measurement from property line to building. Staff believes the direct aerial method is
both easier to apply and understand .
• Cultivation activities associated with medical marijuana centers are limited to five
thousand (5 ,000) square feet. Cross-reference added to same amendment made to zoning
use chart, Section 26-204 of the Code.
• Language was added to allow an existing non-conforming licensed premises to co-locate
(add the same type of retail license or the same type of medical license, depending on
whether retail or medical was first-obtained) without regard to separation requirements.
Section 4 : Amendments to Code Section 11-306 accomplish the following policy goals :
• Incorporate into the City Code certain portions of the state regulations concerning
signage. The state regulations address both signage and advertising in the general sense.
For example, state regulations prohibit pop-up advertising on the internet. This draft
ordinance includes the state regulations that address signage in some manner. The
entirety of the state's regulations concerning advertising is provided for your reference.
• Prohibit signs that depict images resembling a marijuana leaf.
• Restrict the size of the green cross graphic to an area of two feet by two feet
Section 5 : Amendments to Code Sec. 11-406 mirror the amendments made to Section 11-296 to
address the same policy goals (See Section 1 above).
Section 6. Amendments to Code Sec. 11-408 mirror the amendments made to Section 11-298 to
address the same policy goals (See Section 2 above).
Section 7. Amendments to Code Sec. 11-415 provide that an existing legal non-confonning
business may co-locate at its existing location. This is consistent with the change noted by the
last bullet point under Section 3 above. These amendments reflect the policy direction that
existing facilities of a certain type (e.g., manufacturing) should be pern1itted to expand their
operations to include both retail and medical marijuana, if they have not done so already, through
a simple administrative approval process.
Section 8: Amendments to Code Section 11-416 address the same goals addressed by the
amendments to Code Section 11-305 in regards to distance requirements, how distance is
measured , limiting cultivation activities to five thousand (5 ,000) square feet and allowing
existing non-conforming licenses to co-locate (see Section 3 above).
Section 9 : Amendments to Code Section 11-417 mirror the amendments made to Section 11-306
for the same policy goals concerning signage (See Section 5 above).
Section 10: Amendments to the zone district use chart under Section 26-204 of the Code address
the following policy goals:
• Medical marijuana centers and retail marijuana stores are designated as special uses in
the C-1 zone district (currently permitted uses).
• Cultivation activities (both medical and retail) are limited to 5,000 square feet ; cross-
reference to Chapter 11 provided.
• Cross-reference provided to Section 26-114.0. (addressed under Section 11 below),
noting that special use permits for centers and stores may transfer only upon City
approval.
Section 11: The amendment to Subsection 26-114.0. ofthe Code addresses the following policy
goals:
• Amends the term of expiration of a special use permit for a medical marijuana center,
retail marijuana store, or co-located sales facility from one (1) year -the term generally
applicable to special uses -to six (6) months.
• Requires administrative review and approval of proposed transfers of special use permits
for retail marijuana stores and medical marijuana centers .
Section 12: This section cleans up a provision in the recent building code amendments that were
adopted to address marijuana-related occupancies. As you recall , several amendments were
made to the International Codes to permit water-based and noncombustible-solvent based
extraction of hash oil (subject to H occupancy regulations) and to prohibit combustible-solvent
based extraction. One section of the International Mechanical Code was not amended on second
reading to be consistent with those amendments. This Ordinance section therefore makes that
change to render all International Codes consistent on this topic.
Additional comments:
Staff evaluated these additional policy directives and determined that Code amendments were
not desirable or necessary as follows:
1. Establish additional packaging restrictions for marijuana infused products sold at medical
marijuana centers and retail marijuana stores.
• The state has adopted extensive packaging regulations and continues to amend and refine
those packaging regulations. A copy of current packaging regulations is attached for your
reference. Staff believes that these regulations are more extensive and technical than can
effectively be enforced by current City staff. Additionally, these regulations are likely to
continue to be amended; adding them to the City Code could necessitate a series of future
ordinances to keep pace with current state requirements.
2. Make all current medical marijuana centers and retail marijuana stores legal nonconforming
special uses.
• If the Council adopts an ordinance that designates centers and stores as special uses in certain
zone districts, existing stores and centers in such zone districts may continue to operate and
shall constitute legal non-confonning uses under current Code language. Such businesses
could continue to operate as-is; expansion, addition or site modification would require a
special use review. Existing Code Section 26-l14.H. provides:
"Nonconforming special uses. Notwithstanding the provisions of section 26-120 , any special
use which is nonconfonning to the provisions of this section by way of not having received
approval of a special use permit under prior rules and procedures shall be allowed to
continue. Any expansion , addition, or site modification shall require a special use review. All
other provisions of section 26-120 shall apply."
3. Establish one City license that authorizes both retail and medical manufacturing activity.
• The state continues to require separate licensure of retail marijuana products
manufacturers and medical marijuana-infused product manufacturers. While the
regulatory schemes are very similar, the industry is accustomed to obtaining separate
licenses for these separate activities (at least, for now) and staff does not think obtaining
separate City business licenses is a surprising or burdensome requirement.
• If the policy goal is to provide a simple administrative process to allow an established
premises to add either medical or retail marijuana to its existing operations , staffbelieves
that goal is met through:
o Colocation of facilities is permitted under Code Sec. 11-415 ; language is
proposed in this ordinance to make clear that colocation may occur even when the
original location is now legal nonconfonning.
o Language is proposed under Code Sec. 11-305 and 11-416 to provide that
separation requirements would not prohibit an existing legal nonconfonning
business from co locating a business of the same type of activity.
ATTACHMENTS
1. Draft Ordinance
2. State Marijuana Packaging Rules
3. State Marijuana Advertising Rules
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. __ _
Ordinance No. ___ _
Series 2015
TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL
MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA
ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution ~nd the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Council adopted an additional temporary moratorium on such approvals in order to
permit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapters 5, 11 and 26 of the Wheat Ridge Municipal
Code ("Code"), concerning the regulation of both medical marijuana establishments and
retail marijuana establishments, as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Attachment 1
Section 1. Section 11-296 of the Code , concerning application for a medical
marijuana business license, is hereby amended as follows:
Sec. 11-296.-Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state, A SIGN APPLICATION and shall include all additional
information required by the Colorado Medical Marijuana Code . IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION , AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO SIGNAGE MAY BE
INSTALLED UNTIL APPROVED BY THE CITY .
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application .
Section 2. Section 11-298 of the Code , concerning the issuance of medical
marijuana business licenses , is hereby amended as follows :
Sec. 11-298.-Standards for approval of license; no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this division so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant ;
(2) The applicant has paid the application fee and any other fees required
by this Code ;
(3) The application does not contain a material falsehood or
misrepresentation ;
(4) The application complies with all of the requirements of this division
and the Colorado Medical Marijuana Code; aA6
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background -: ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
2
requirements imposed by this division and section 26-204 of this Code
have been met; AND
(7) IF THE APPLICATION IS FOR A MEDICAL MARIJUANA CENTER
LICENSE, THERE ARE LESS THAN FIVE (5) TOTAL CURRENT
RETAIL MARIJUANA STORE LICENSES AND MEDICAL
MARIJUANA CENTER LICENSES ISSUED BY THE CITY. FOR
PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA STORE
AND A MEDICAL MARIJUANA CENTER CO-LOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE COUNTED AS
ONE (1) LICENSE.
(8) IF THE APPLICATION IS FOR A MEDICAL MARIJUANA-INFUSED
PRODUCT LICENSE, THERE ARE LESS THAN THREE (3) TOTAL
CURRENT RETAIL MARIJUANA PRODUCTS MANUFACTURING
LICENSES AND MEDICAL MARIJUANA-INFUSED PRODUCT
MANUFACTURING LICENSES ISSUED BY THE CITY. FOR
PURPOSES OF THIS PARAGRAPH , A RETAIL MARIJUANA
PRODUCTS MANUFACTURER AND A MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURE CO-LOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE COUNTED AS
ONE (1) LICENSE.
(b) The local licensing authority may, but is not required to hold a hearing as
permitted by .R.S . § 12-43 .3-302 prior to granting a medical marijuana
license.
(C) FOR PURPOSES OF PARAGRAPHS (7) AND (8) OF SUBSECTION (A)
HEREOF, LIC NSE APPLICATIONS SHALL BE PROCESSED BY THE
CITY IN THE ORDER IN WHICH THEY ARE FILED. IF MORE THAN
ONE (1) APPLICATION IS FILED WITH THE CITY ON THE SAME DATE
AND ONLY ONE (1) LICENSE OF THE TYPE SOUGHT IS AVAILABLE
UNDER SAID PARAGRAPHS (7) AND (8), THE CITY SHALL
DETERMINE THE ORDER IN WHICH THE APPLICATIONS SHALL BE
PROCESSED BY LOT. THE APPLICANTS SHALL BE NOTIFIED OF
THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY
ATTEND AND OBSERVE THE PROCESS .
Section 3. Subsection 11-305 of the Code, concerning prohibited locations of
medical marijuana businesses, is hereby amended as follows:
Sec. 11-305. -Prohibited locations.
(a) Except as provided in subsection (g) of this section, no medical marijuana
establishment shall be located at a location that does not conform to the
requirements of this section .
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(b) No medical marijuana center or medical marijuana-infused product
manufacturer shall be located within one thousand (1 ,000) feet of a
school, an alcohol or drug treatment facility, or the principal campus of a
college , university, or seminary , or a residential child care facility. NO
MEDICAL MARIJUANA CENTER SHALL BE LOCATED WITHIN ONE
THOUSAND (1 ,000) FEET OF AN IMPROVED CITY PARK OR THE
WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS
SUBSECTION, IMPROVED CITY PARK DOES NOT MEAN OR
INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON
COUNTY FOR THE PURPOSES OF PASSIVE RECREATION,
INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT.
This THESE limitationS will be computed by direct AERIAL measurement
from the nearest property line of the land used for a school, treatment
facility, campus, 9f residential child care facility , IMPROVED CITY PARK
OR THE WHEAT RIDGE RECREATION CENTER to the nearest
PROPERTY LINE OF THE LAND ON portion of the building in which the
center or manufacturer is to be located , using the most direct route of
pedestrian access , as determined by the community development director.
Medical marijuana establishments that were lawfully in existence at a
specific location within the city as of the effective date of this section shall
not be subject to the prohibition at that location .
(c) No medical marijuana center shall be located within three-quarters (%)of
a mile of another medical marijuana center or within three-quarters (%) of
a mile of a retail marijuana store unless the medical marijuana center and
the retail marijuana store are operating a dual retail business as described
in section 11-415. This limitation will be measured using a straight
DIRECT AERIAL line from the perimeter of the parcel where a proposed
medical marijuana center will be located to the perimeter of the parcel
upon which the existing center or store is located. Medical marijuana
establishments that were lawfully in existence at a specific location within
the city as of the effective date of this section shall not be subject to the
prohibition at that location .
(d) No medical marijuana-infused product manufacturer shall be located
within one-quarter (Y4) of a mile of another medical marijuana-infused
product manufacturer or a retail marijuana products manufacturer unless
the medical marijuana-infused product manufacturer and retail marijuana
products manufacturer are operating as a dual manufacturing business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed manufacturer will be located to the perimeter of the parcel upon
which the existing medical marijuana-infused product manufacturer or a
retail marijuana products manufacturer is located.
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(e) No person shall operate an optional premises cultivation operation within
the city unless the licensed premises of the person's optional premises
cultivation operation are contiguous with the licensed premises of the
person's medical marijuana center license and/or the person's medical
marijuana-infused products manufacturing license. THE GROSS
SQUARE FOOTAGE OF AN OPTIONAL PREMISES CULTIVATION
OPERATION MAY NOT EXCEED FIVE THOUSAND (5,000) SQUARE
FEET ON THE LICENSED PREMISE. SEE, SECTION 26-204.
(f) Each medical marijuana establishment shall be operated from a
permanent location. Except as permitted by the Medical Marijuana Code,
no medical marijuana establishment shall be lie nsed to operate from a
moveable, mobile, or transitory location.
(g) The suitability of a location for a medical marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE ESTABLISHMENT WITH
WHICH IT PROPOSES TO CO-LOCA E PURSUANT TO SECTION 11-
415. The fact that changes in the nerghbor ood that occur after the
issuance of the fu:st ORIGINAL license might render the site unsuitable for
a medical marijuana establishment under this section shall not be grounds
to suspend, revoke, or refuse to renew the license for such establishment
OR TO REFUSE TO APPROVE A PROPOSED CO-LOCATION so long
as the ORIGINAL license for the establishment remains in effect.
Section 4. Section 11-306 of the Code, concerning signage requirements for
medical marijuana businesses, is hereby amended as follows:
Sec. 11-306. -Signage.
(a) All signage for a medical marijuana establishment shall comply with
the requirements of chapter 26 of this Code.
(b) No licensee shall display a sign for the medical marijuana
establishment that contains the word "marijuana," "cannabis," or any
other ·.vord or phrase commonly understood to refer to marijuana
unless such word or phrase is immediately preceded or follovJed by the
word "medical." EXCEPT AS OTHERWISE PROVIDED HEREIN, IT
SHALL BE UNLAWFUL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE
TO MEMBERS OF THE PUBLIC FROM ANY STREET, SIDEWALK,
PARK OR OTHER PUBLIC PLACE, INCLUDING ADVERTISING
UTILIZING ANY OF THE FOLLOWING MEDIA: ANY BILLBOARD OR
OTHER OUTDOOR GENERAL ADVERTISING DEVICE; ANY SIGN
MOUNTED ON A VEHICLE; ANY HAND-HELD OR OTHER
PORTABLE SIGN; OR ANY HANDBILL, LEAFLET OR FLIER
5
DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE, LEFT
UPON A MOTOR VEHICLE, OR POSTED UPON ANY PUBLIC OR
PRIVATE PROPERTY WITHOUT THE CONSENT OF THE
PROPERTY OWNER. THESE PROHIBITIONS SHALL NOT APPLY
TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A
MEDICAL MARIJUANA ESTABLISHMENT AND THAT EXISTS
SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF
THE MEDICAL MARIJUANA ESTABLISHMENT AND OTHERWISE
COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS
CODE.
(C) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE ,
FALSE , OR MISLEADING.
(E) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 5. Section 11-406 of the Code, concerning application for a retail
marijuana business license , is hereby amended as follows:
Sec. 11-406.-Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state, A SIGN APPLICATION and shall include all additional
information required by the Colorado Retail Marijuana Code. IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO SIGNAGE MAY BE
LOCATED UNTIL APPROVED BY THE CITY.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
6
information is reasonably necessary to complete the investigation and
review of the application.
Section 6. Section 11-408 of the Code, concerning the issuance of retail
marijuana business licenses, is hereby amended as follows:
Sec. 11-408. -Standards for approval of license, no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this article so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the operating fee and any other fees required
by this Code;
(3) The application does not contain a material falsehood or
misrepresentation;
(4) The application complies with all of the requirements of this article and
the Colorado Retail Marijuana Code; af\9
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background,. ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
requirements imposed by this article and section 26-204 of the Code
have been met; AND
(7) IF THE APPLICATION IS FOR A RETAIL MARIJUANA STORE
LICENSE, THERE ARE LESS THAN FIVE (5) TOTAL CURRENT
RETAIL MARIJUANA STORE LICENSES AND MEDICAL
MARIJUANA CENTER LICENSES ISSUED BY THE CITY. FOR
PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA STORE
AND A MEDICAL MARIJUANA CENTER CO-LOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE COUNTED AS
ONE (1) LICENSE.
(8) IF THE APPLICATION IS FOR A RETAIL MARIJUANA PRODUCTS
MANUFACTURING LICENSE, THERE ARE LESS THAN THREE (3)
TOTAL CURRENT RETAIL MARIJUANA PRODUCTS
MANUFACTURING LICENSES AND MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURING LICENSES ISSUED BY
7
THE CITY. FOR PURPOSES OF THIS PARAGRAPH, A RETAIL
MARIJUANA PRODUCTS MANUFACTURER AND A MEDICAL
MARIJUANA-INFUSED PRODUCT MANUFACTURER CO-LOCATED
IN ACCORDANCE WITH SECTION 11-415(B) SHALL BE COUNTED
AS ONE (1) LICENSE.
(b) The local licensing authority may, but is not required to hold a hearing as
permitted by C.R.S . § 12-43.4-412 prior to granting a retail marijuana
establishment license.
(c) The local licensing authority shall inform the state licensing authority of
approval of an application for a license.
(D) FOR PURPOSES OF PARAGRAPHS (7) AND (8) OF SUBSECTION (A)
HEREOF, LICENSE APPLICATIONS SHALL BE PROCESSED BY THE
CITY IN THE ORDER IN WHICH THEY ARE FILED. IF MORE THAN
ONE (1) APPLICATION IS FILED WITH THE CITY ON THE SAME DATE
AND ONLY ONE (1) LICENSE OF THE TYPE SOUGHT IS AVAILABLE
UNDER SAID PARAGRAPHS (7) AND (8), THE CITY SHALL
DETERMINE THE ORDER IN WHICH THE APPLICATIONS SHALL BE
PROCESSED BY LOT. THE APPLICANTS SHALL BE NOTIFIED OF
THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY
ATIEND AND OBSERVE THE PROCESS.
Section 7. Section 11-415 of the Code, concerning colocation of
establishments, is hereby amended as follows:
Sec. 11-415.-Collocation of operations.
A medical marijuana establishment may share its existing licensed
premises with a retail marijuana establishment as follows:
(a) An optional premises cultivation operation and a retail
marijuana cultivation facility may share their licensed premises in order to
operate a dual cultivation business operation .
(b) A medical marijuana-infused product manufacturer may apply to
hold a reta1l marijuana product manufacturing facility license and operate a
dual manufacturing business at a shared licensed premises .
(c) A medical marijuana center may hold a retail marijuana store
license and operate a dual retail business at a shared licensed premises.
(D) NOTWITHSTANDING ANY PROVISION OF CHAPTER 26 OF
THIS CODE TO THE CONTRARY , A LEGAL NON-CONFORMING
8
ESTABLISHMENT MAY ADD A COLLOCATED ESTABLISHMENT AT
ITS EXISTING LOCATION AS AUTHORIZED BY THIS SECTION.
Section 8. Section 11-416 of the Code, concerning prohibited locations of retail
marijuana businesses, is hereby amended as follows:
Sec. 11-416.-Prohibited locations.
(a) Except as provided in subsection (h) of this section, no retail marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No retail marijuana store or retail marijuana products manufacturer
shall be located within one thousand (1 ,000) feet of a school, an alcohol
or drug treatment facility, or the principal campus of a college, university,
or seminary, or a residential child care facility. NO RETAIL MARIJUANA
STORE SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET
OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION
CENTER. FOR PURPOSES OF THIS SUBSECTION, IMPROVED CITY
PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE
CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF
PASSIVE RECREATION, INCLUDING BUT NOT LIMITED TO THE
CLEAR CREEK GREENBELT. +Ris THESE limitationS will be computed
by direct AERIAL measurement from the nearest property line of the land
used for a school, alcohol or drug treatment facility, or the principal
campus of a college, university, or seminary, or a residential child care
facility, OR AN IMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER to the nearest portion of the building in
PROPERTY LINE OF THE LAND ON which the store or manufacturer is
to be located, using the most direct route of pedestrian access, as
determined by the community development director.
(c) No retail marijuana store shall be located within three-quarters(%) of a
mile of another retail marijuana store. This limitation will be measured
using a straight DIRECT AERIAL line from the perimeter of the parcel
where a proposed retail marijuana store will be located to the perimeter of
the parcel upon which the existing retail marijuana store is located. This
limitation shall apply to retail marijuana stores whether they ARE located
within or outside of the city limits.
(d) No retail marijuana store shall be located within three-quarters(%) of a
mile of a medical marijuana center unless the retail marijuana store and
the medical marijuana center are operating a dual retail business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana store will be located to the perimeter of the
9
parcel upon which the existing medical marijuana center is located. This
limitation shall apply to retail marijuana stores and medical marijuana
centers whether they are located within or outside of the city limits.
(e) No retail marijuana products manufacturer shall be located within one-
quarter ('Y4) of a mile of another retail marijuana products manufacturer or
medical marijuana-infused product manufacturer unless the medical
marijuana-infused product manufacturer and retail marijuana products
manufacturer are operating as a dual manufacturing business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana products manufacturer will be located to the
perimeter of the parcel upon which the existing retail marijuana products
manufacturer or medical marijuana-infused product manufacturer is
located.
(f) No person shall operate a retail marijuana cultivation facility within the city
unless the licensed premises of the person's retail marijuana cultivation
facility are contiguous with the licensed premises of the person's retail
marijuana store license and/or the person's retail marijuana products
manufacturing license. THE GROSS SQUARE FOOTAGE OF A RETAIL
MARIJUANA CULTIVATION FACILITY MAY NOT EXCEED FIVE
THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
(g) Each retail marijuana establishment shall be operated from a permanent
location. No retail marijuana establishment shall be licensed to operate
from a moveable, mobile, or transitory location.
(h) The suitability of a location for a retail marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE ESTABLISHMENT WITH
WHICH IT PROPOSES TO CO-LOCATE PURSUANT TO SECTION 11-
415 .. The fact that changes in the neighborhood that occur after the
issuance of the fH:st ORIGINAL license might render the site unsuitable for
a retail marijuana establishment under this section shall not be grounds to
suspend, revoke or refuse to renew the license for such establishment OR
TO REFUSE TO APPROVE A PROPOSED CO-LOCATION so long as
the ORIGINAL license for the establishment remains in effect.
Section 9. Section 11-417 of the Code, concerning signage requirements for
retail marijuana businesses, is hereby amended as follows :
Sec. 11-417.-Signage.
10
(A) All signage for a retail marijuana establishment shall comply with the
requirements of Chapter 26 of this Code and the Colorado Retail
Marijuana Code.
(B) EXCEPT AS OTHERWISE PROVIDED HEREIN, IT SHALL BE
UNLAWFUL FOR ANY RETAIL MARIJUANA ESTABLISHMENT TO
ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF
THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER
PUBLIC PLACE, INCLUDING ADVERTISING UTILIZING ANY OF
THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR
GENERAL ADVERTISING DEVICE; ANY SIGN MOUNTED ON A
VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN; OR ANY
HANDBILL, LEAFLET OR FLIER DIRE€TL Y HANDED TO ANY
PERSON IN A PUBLIC PLACE, LEFT UPON A MO~OR VEHICLE,
OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY
WITHOUT THE CONSENT OF THE PROPERTY OWNER. THESE
PROHIBITIONS SHALL NOT AP LY TO ANY FIXED SIGN THAT IS
LOCATED ON THE SAME LOT AS A RETAIL MARIJUANA
ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE
OF IDENTIFYING THE LOCATION OF. THE RETAIL MARIJUANA
ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL
APPLICABLE REQUIREMENTS OF THIS CODE.
(C) A RETAIL MARIJUANA ESTABLISHMENJ" SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE,
FALSE, OR MISLEADING.
(E) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO ('2) FEET HIGH BY TWO (2) FEET WIDE.
Section 10. Section 26-204 of the Code, concerning the zone district use
schedule, is hereby amended by amending the following portions of the Table of Uses-
Commercial and Industrial Districts as follows:
Table of Uses-Commercial and Industrial Districts
11
Uses Notes NC RC C-1 C-2 IE
Medical marijuana SUPS NOT ~s p
centers TRANSFER
ABLE
WITHOUT
CITY
APPROVAL
. SEE § 26-
114.G.2. /
Medical Marijuana -5 ,000
Optional premises SQUARE
~
p p
cultivation operation FEET '~ MAXIMUM ;
I'-'-SEE § 11-
305(E)
Retail marijuana 5 ,000 p
""'
p
cultivation facility SQUARE
FEET
MAXIMUM ;
SEE § 11-~
416(F) -........
Retail marijuana SUPS NOT "'~ ~s p
stores TRANSFER
ABLE >V. 1 /~ ;
WITHOUT
CITY .·\ APPROVAL
. SEE § 26-
114.G .2.
Section 11. Subsection 26-114.G. of the Code , concerning the term of special
uses , is hereby amended as follows:
G. Term.
1. A special use permit is valid so long as the conditions of approval are
maintained by the applicant , unless a specific time limit for the use or
development is set forth as part of the permit approval by the
community development director or city council. EXCEPT AS
OTHERWISE PROVIDED HEREIN , If an approved special use ceases
operation for any reason for a period of one (1) year , the special use
permit shall be deemed expired , unless otherwise provided in the
permit itself. IF AN APPROVED SPECIAL USE FOR A MEDICAL
MARIJUANA CENTER, RETAIL MARIJUANA STORE OR CO-
LOCATED CENTER AND STORE CEASES OPERATION FOR ANY
12
REASON FOR A PERIOD OF SIX (6) MONTHS, THE SPECIAL USE
PERMIT SHALL BE DEEMED EXPIRED, UNLESS OTHERWISE
PROVIDED IN THE PERMIT ITSELF.
2. If the conditions of a special use permit become the responsibility of a
person or entity other than the applicant, the community development
department shall be notified in writing, identifying the new person or
entity responsible for maintaining the conditions of the permit. Until
such notice is received, the applicant shall remain responsible for
maintaining those conditions. The notice shall be attached to the
permit on file with the community development department. A
SPECIAL USE PERMIT FOR A MEDICAL MARIJUANA CENTER, A
RETAIL MARIJUANA STORE OR A CO-LOCATED CENTER AND
STORE MAY BE TRANSFERRED TO A PERSON OR ENTITY
OTHER THAN THE ORIGINAL PPLICANT ONLY UPON THE
REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT
DIRECTOR. IT SHALL BE THE BURDEN OF T--HE PROPOSED NEW
PERMIT HOLDER TO DEMONSTRATE THAT ITS CONTINUATION
OF THE SPECIAL USE SHALL MEET THE SPECIAL USE REVIEW
CRITERIA SET FORTH IN SECTION 26-;114.D.
Section 12. Subsection 5-78(b) o the Code, co1:,1cerning local amendments to
the 2012 International Mechanical Code, is hereby amended by amending the following
amendment set forth thereunder, as follows:
502.20 Marijuana related occupancies. Add the following section:
502.20 Marijuana related occupancies. Occupancies involved
in the sale, transfer, packaging, processing, cultivation,
production, extraction or destruction of plants and their parts,
devices designed for the use of marijuana and marijuana
products, products containing marijuana and hash oil, hash oil
or other marijuana related operations and activities shall provide
an approved source capture system capable of removing
particulate and odors as required to achieve levels that do not
constitute as nuisance to adjacent occupants, structures and
properties. For the purpose of application of requirements of this
code, occupancies involved in the water-based AND
NONCOMBUSTIBLE SOLVENT-BASED extraction of hash oil
shall be considered to be hazardous occupancies and shall be
subject to the requirements for such occupancies as set forth in
this code. ALL OTHER Occupancies involved in the sol¥ent
based extraction of hash oil are not permitted.
Section 13. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
13
otherwise invalid , the validity of the remaining sections , subsections and clauses shall
not be affected thereby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 14. Effective Date. This Ordinance shall take effect upon adoption
and signature of the Mayor, as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this __ day of , 2015 , ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge , and Public Hearing and consideration on
final passage set for , 2015 , at 7:00 p.m ., in the Council
Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of , 2015.
ATTEST :
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay , Mayor
Approved as to Form
Gerald E. Dahl , C ity Attorney
14
STATE OF COLORADO
MEDICAL MARIJUANA RULES &
RETAIL MARIJUANA RULES
(Medical Rules = "M" Retail Rules = "R")
RULES ADDRESSING PACKAGING
(AS OF NOVEMBER 18, 2014)
Attachment 2
8. Ensure that a trained Owner or Occupational Licensee is present at all times
during the production of a Solvent-Based Medical Marijuana Concentrate
whenever an extraction process requires the use of pressurized equipment.
E. Ethanol and IsopropanoL If a Medical Marijuana-Infused Products Manufacturer only
produces Solvent-Based Medical Marijuana Concentrate using ethanol or isopropanol at
its Licensed Premises and no other solvent, then it shall be considered exempt from the
requirements in paragraph D of this rule and instead must follow the requirements in
paragraph C of this rule. Regardless of which rule is followed, the ethanol or isopropanol
must be food grade or at least 99% pure and denatured alcohol cannot be used.
F . Violation Affecting Public Safety. Failure to comply with this rule may constitute a license
violation affecting public safety.
r-·
) Basis and Purpose~ fv161:> I [,fr L
I
I
I *
-
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b}(l), 12-43.3-202(2)(a)(XIV),
12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S. Extensive labeling and secure packaging of
Medical Marijuana and Medical Marijuana-Infused Product is of statewide concern . The purpose of this
rule, and other rules in this series, is to ensure that all Medical Marijuana and Medical Marijuana-Infused
Product are sold and delivered to lawful patients in packaging that is not easily opened by children. This
rule also clarifies packaging and labeling terms that will be used throughout this rule and rules in the
same series to ensure that Coloradoans are adequately informed .
M 1001-Packaging Requirements: General Requirements
Packaging of Medical Marijuana and Medical Marijuana-Infused Product by a Medical Marijuana Center.
A Medical Marijuana Center must ensure that all Medical Marijuana and Medical Marijuana-Infused
Product is placed within a Container prior to sale to a consumer. If the Container is not Child-Resistant,
the Medical Marijuana Center must place the Container within an Opaque and Resealable Exit Package
that is Child-Resistant.
Basis and Purpose - M 1003
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(l), 12-43.3-202(2)(a)(XIV),
12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to ensure that
each Container of Medical Marijuana and Medical Marijuana-Infused Product includes necessary and
relevant labeling information for consumers.
M 1003-Labeling Requirements: Specific Requirements, Medical Marijuana and Medical
Marijuana-Infused Product
A . Labels Required . No Licensee shall sell, transfer, or give away any Medical Marijuana
that does not contain a Label with a list of all ingredients, including all chemical additives,
including but not limited to nonorganic pesticides, herbicides , and fertilizers that were
used in its cultivation and production . The label must also list:
1. The Batch Number or numbers assigned by the Optional Premises Cultivation
Operation to the marijuana plant or plants from which the Medical Marijuana
contained within the Container was harvested; and
18
M 1000 Series-Labeling, Packaging, and Product Sarety
Basis and Purpose-M 1001
The statutory authority for this rule Is found at subsections 12-. -202(1}(b)(l}, 12-43.3-202(2)(a)(XIV}, 12-43.3-
202(2)(a)(XIV.5}, and 12-43.3-202(2)(a)(XX}, C.R.S. Extensi abeling and secure packaging of Medical Marijuana
and Medical Marijuana-Infused Product is of statewide ncem. The purpose of this rule, and other rules in this
series, is to ensure that all Medical Marijuana and M El cal Marijuana-Infused Product are sold and delivered to lawful
patients in packaging that is not easily opened children. This rule also clarifies packaging and labeling terms that
will be used throughout this rule and rules i e same series to ensure that Coloradoans are adequately informed.
Medical Mari "ua -General Packa in R uirement for Child-Resistant Packa in . The sale of Medical
Marijuana I consumer is prohibited unless previously placed within a Container by a Medical Marijuana
e Container must be designed to ensure that the contents are secure and are Child-Resistant. See
Rul 1003 -Labeling Requirements: Specific Requirements, Medical Marijuana and Medical Marijuana-
used Product.
%.. Basis and Purpose-M 1002
The statutory authority for this rule is found at subsections 12-43.3-202(1}(b)(l), 12-43.3-202{2)(a)(XIV}, 12-43.3-
202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to ensure that the labeling on each
Container of Medical Marijuana and Medical Marijuana-Infused Product includes necessary and relevant information
for consumers, is easily accessible to consumers, and Is clear and noticeable. This rule also ensures that Medical
Marijuana and Medical Marijuana-Infused Products labeling does not include health and physical benefit claims .
M 1002 -Labeling Requirements: General Requirements
A. Labeling Required. All Medical Marijuana and Medical Marijuana-Infused Product sold, transferred, or
otherwise provided to a consumer must be in a Container that is labeled with all required information, see
Rules M 1001 -Packaging Requirements: General Requirements, M 1 003 -Labeling Requirements:
Specific Requirements, Medical Marijuana and Medical Marijuana-Infused Product and M 1004-Labeling
Requirements: Specific Requirements, Edible Medical Marijuana-Infused Product, and that specifically
excludes certain text.
B. Health and Benefit. Claims. Labeling text on a Container may not make any false or misleading statements
regarding health or physical benefits to the consumer.
C. Font Size. Labeling text on a Container must be no smaller than 1/16 of an inch.
D. Use of English Language. Labeling text on a Container must be clearly written or printed and in the English
language.
E. Unobstructed and Conspicuous. Labeling text on a Container must be unobstructed and conspicuous. A
Licensee may affix multiple labels to a Container, provided that none of the information required by these
rules is completely obstructed .
77
8. Ensure that a trained Owner or Occupational Licensee is present at all times
during the production of a Solvent-Based Medical Marijuana Concentrate
whenever an extraction process requires the use of pressurized equipment.
E. Ethanol and Isopropanol. If a Medical Marijuana-Infused Products Manufacturer only
produces Solvent-Based Medical Marijuana Concentrate using ethanol or isopropanol at
its Licensed Premises and no other solvent, then it shall be considered exempt from the
requirements in paragraph D of this rule and instead must follow the requirements in
paragraph C of this rule. Regardless ofwhich rule is followed, the ethanol or isopropanol
must be food grade or at least 99% pure and denatured alcohol cannot be used.
F. Violation Affecting Public Safety. Failure to comply with this rule may constitute a license
violation affecting public safety.
Basis and Purpose-M 1001
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(l), 12-43.3-202(2)(a)(XIV),
12-43.3-202(2)(a)(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S. Extensive labeling and secure packaging of
Medical Marijuana and Medical Marijuana-Infused Product is of statewide concern . The purpose of this
rule, and other rules in this series, is to ensure that all Medical Marijuana and Medical Marijuana-Infused
Product are sold and delivered to lawful patients in packaging that is not easily opened by children. This
rule also clarifies packaging and labeling terms that will be used throughout this rule and rules in the
same series to ensure that Coloradoans are adequately informed.
M 1001-Packaging Requirements: General Requirements
Packaging of Medical Marijuana and Medical Marijuana-Infused Product by a Medical Marijuana Center.
A Medical Marijuana Center must ensure that all Medical Marijuana and Medical Marijuana-Infused
Product is placed within a Container prior to sale to a consumer. If the Container is not Child-Resistant,
the Medical Marijuana Center must place the Container within an Opaque and Resealable Exit Package
that is Child-Resistant.
.~ Basis and Purpose - M 1003
The statutory authority for this rule is found at subsections 12-43.3-202(1)(b)(l), 12-43.3-202(2)(a)(XIV),
12-43.3-202(2)(a}(XIV.5), and 12-43.3-202(2)(a)(XX), C.R.S . The purpose of this rule is to ensure that
each Container of Medical Marijuana and Medical Marijuana-Infused Product includes necessary and
relevant labeling information for consumers .
M 1003-Labeling Requirements: Specific Requirements, Medical Marijuana and Medical
Marijuana-Infused Product
A. Labels Required . No Licensee shall sell, transfer, or give away any Medical Marijuana
that does not contain a Label with a list of all ingredients, including all chemical additives,
includil'!g but not limited to nonorganic pesticides, herbicides, and fertilizers that were
used in its cultivation and production. The label must also list:
1. The Batch Number or numbers assigned by the Optional Premises Cultivation
Operation to the marijuana plant or plants from which the Medical Marijuana
contained within the Container was harvested; and
18
2. A complete list of solvents and chemicals used in the creation of any Medical
Marijuana concentrate.
B. Medical Marijuana Container Labeling Must Include the Following Information :
1. The license number of the Optional Premises Cultivation Facility, if different than
the Medical Marijuana Center's license number, identifying where the Medical
Marijuana within the Container was grown;
2. The license number of the Medical Marijuana Center that sold the Medical
Marijuana to the patient;
3. The date of sale; and
4. The patient registry number of the purchaser.
C. Medical Marijuana-Infused Product Container Labeling Must Include the Following
Information:
1. The license number of the Medical Marijuana Business(es) where the Medical
Marijuana used to manufacture the Medical Marijuana-Infused Product within the
Container was grown;
2. The license number of the Medical Manjuana Center that sold the Medical
Marijuana-Infused Product to the patient;
3. The following statement: ''This product contains medical marijuana and was
produced without regulatory oversight for health, safety or efficacy and there may
be health risks associated with the consumption of the product."
4. For Medical Marijuana-Infused Product, the product identity and net weight
statements must appear on the portion of the label displayed to the patient.
5. When a Medical Marijuana-Infused Product is made specifically for a designated
patient, the label of that product shall state the patient's Medical Marijuana
Registry number.
6. The list of ingredients and company name statements must be conspicuously
listed on the Medical Marijuana-Infused Product package.
7. A nutrition facts panel may be required if nutritional claims are made on the label
of any Medical Marijuana-Infused Product.
D. Minimum print size . The minimum print size for each of the required statements for non-
infused products and for each of the required statements for Medical Marijuana-Infused
Product is 1/16 inch. The size of the characters in the net weight statement is determined
by the area of the principal display panel and may be greater than 1/16 inch.
19
1. The license number of the Medical Marijuana Business(es) where the Medical Ma ··tfclri"a used to
manufacture the Medical Marijuana-Infused Product within the Container was gr
2. The license number of the Medical Marijuana Center
Product to the patient;
3. The following statement: 'This product is contains medic arijuana and was produced without
regulatory oversight for health, safety or efficacy and ere may be health risks associated with
the consumption of the product."
4. For Medical Marijuana-Infused Product, product identity and net weight statements must
appear on the portion of the label dis pi d to the patient.
5. When a Medical Marijuana-lnfu d Product is made specifically for a designated patient. the label
of that product shall state th alieni's Medical Marijuana Registry number.
6. The list of ingredie s and company name statements must be conspicuously listed on the
Medical Marijua -nfused Product package.
7. A nutritio acts panel may be required if nutritional claims are made on the label of any Medical
Mari· na-lnfused Product.
E. Minim rint size. The minimum print size for each of the required statements for non-infused products
a or each of the required statements for Medical Marijuana-Infused Product is 1/16 inch. The size of the
aracters in the net weight statement is determined by the area of the principal display panel and may be
greater than 1/16 inch. 7v?GF~·w~v
Basis and Purpose-M 1004
The statutory authority for this rule is found at subsections 12-43 .3-202(1 )(b)(l), 12-43.3-202(2)(a)(XIV), 12-43.3-
202(2)(a)(XIV .5), and 12-43.3-202(2)(a)(XX), C.R.S. The purpose of this rule is to ensure that each Container of an
Edible Medical Marijuana-Infused Product includes necessary and relevant information for patients .
M 1004-Labeling Requirements: Specific Requirements, Medical Marijuana-Infused Product
A. Ingredient List. A list of all ingredients used to manufacture the Edible Medical Marijuana-Infused Product;
which may include a list of any potential allergens contained within, or used in the manufacture of, the
Medical Marijuana-Infused Product.
B. Statement Regarding Refrigeration . A statement that the Medical Marijuana-Infused Product. if perishable,
must be refrigerated.
C. Statement of Expiration Date. A product expiration date , for perishable Medical Marijuana-Infused Product,
upon which the product will no longer be fit for consumption, or a use-by-date. upon which the product will
no longer be optimally fresh. Once a label with a use-by or expiration date has been affixed to a Container
79
of a Medical Marijuana-Infused Product, a Licensee shall not alter that date or affix a new label with a later
use-by or expiration date.
80
Basis and Purpose - R 1001
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.3-202(3)(c)(lll), C.R.S. The
State Licensing Authority finds it essential to regulate and establish labeling and secure packaging requirements for
Retail Marijuana, Retail Marijuana concentrates, and Retail Marijuana Product. The purpose of this rule, and the
rules in this series, is to ensure that all Retail Marijuana and Retail Marijuana Product are sold and delivered to lawful
consumers in packaging that is not easily opened by children. Further, the State Licensing Authority believes based
on written and oral comments it has received through the rulemaking process that prohibiting labels that are intended
to target individuals under the age of 21 and requiring child-resistant packaging is of a state wide concern and would
assist in limiting exposure and diversion to minors.
R 1001-Labeling and Packaging Requirements: General Applicability
A. Ship Product Ready for Sale . A Retail Marijuana Cultivation Facility or Retail Marijuana Products
Manufacturing Facility may package smaller quantities of Retail Marijuana, Retail Marijuana concentrates,
and Retail Marijuana Product in a Container prior to transport, provided the Containers are placed within a
Shipping Container. See Rule R 309-Marijuana Inventory Tracking Solution (MITS) and Rule R 801 -
Transport of Retail Marijuana and Retail Marijuana Product.
B. Inventory Tracking Compliance.
1. A Retail Marijuana Cumvation Facility or Retail Marijuana Products Manufacturing Facility must
package all Retail Marijuana , Retail Marijuana concentrates , and Retail Marijuana Product in
accordance with all MITS rules and procedures.
2. A Retail Marijuana Cultivation Facility or Retail Marijuana Products Manufacturing Facility must
place an RFID tag on every Shipping Container holding Retail Marijuana, Retail Marijuana
concentrates, or Retail Marijuana Product prior to transport or transfer of possession to another
Retail Marijuana Establishment. See Rule R 309 -Marijuana Inventory Tracking Solution (MITS)
and RuleR 801 -Transport of Retail Marijuana and Retail Marijuana Product.
C. Packaging May Not Be Designed to Appeal to Children. A Retail Marijuana Establishment shall not place
any content on a Container holding Retail Marijuana, Retail Marijuana concentrates, or a Retail Marijuana
Product in a manner that specifically targets individuals under the age of 21, including but not limited to,
cartoon characters or similar images.
D. Health and Benefit Claims. Labeling text on a Container may not make any false or misleading statements
regarding health or physical benefits to the consumer.
E. Font Size. Labeling text on a Container must be no smaller than 1/16 of an inch.
F. Use of English Language. Labeling text on a Container must be clearly written or printed and in the English
language .
G. Unobstructed and Conspicuous . Labeling text on a Container must be unobstructed and conspicuous. A
Licensee may affix multiple labels to a Container, provided that none of the information required by these
rules is completely obstructed .
92
Basis and Purpose - R 1002
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(VII), 12-43.4-403(5),
and 25-4-1614{3)(a), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection
16(5)(a)(VI). The purpose of this rule is to ensure that every Retail Marijuana Cultivation Facility and Retail
Marijuana Products Manufacturing Facility label each Shipping Container and Container of Retail Marijuana with all of
the necessary and relevant information for the receiving Retail Marijuana Establishment. In addition, this rule clarifies
basic packaging requirements. The State Licensing Authority wants to ensure the regulated community employs
proper labeling techniques to all Retail Marijuana as this is a public health and safety concern.
R 1002 -Packaging and Labeling of Retail Marijuana by a Retail Marijuana Cultivation Facility or a Retail
Marijuana Products Manufacturing Facility
A. Packaging of Retail Marijuana by a Retail Marijuana Cultivation Facility or a Retail Marijuana Products
Manufacturing Facility. Every Retail Marijuana Cultivation Facility and Retail Marijuana Products
Manufacturing Facility must ensure that all Retail Marijuana is placed within a sealed, tamper-evident
Shipping Container that has no more than one pound of Retail Marijuana within it prior to transport or
transfer of any Retail Marijuana to another Retail Marijuana Establishment.
B. Labeling of Retail Marijuana Shipping Containers by a Retail Marijuana Cultivation Facility or a Retail
Marijuana Products Manufacturing Facility. Every Retail Marijuana Cultivation Facility or Retail Marijuana
Products Manufacturing Facility must ensure that a label(s) is affixed to every Shipping Container holding
Retail Marijuana that includes all of the information required by this rule prior to transport or transfer to
another Retail Marijuana Establishment.
1. Required Information. Every Retail Marijuana Cultivation Facility or Retail Marijuana Products
Manufacturing Facility must ensure the following information is affixed to every Shipping Container
holding Retail Marijuana:
a. The license number of the Retail Marijuana Cultivation Facility where the Retail Marijuana
was grown;
b. The Harvest Batch Numbe~s) assigned to the Retail Marijuana;
c. The net weight, using a standard of measure compatible with MITS, of the Retail
Marijuana prior to its placement in the Shipping Container; and
d. A complete list of all nonorganic pesticides, fungicides, and herbicides used during the
cultivation of the Retail Marijuana.
2. Required Statement When Tests are Performed . If a Retail Marijuana Testing Facility(-ies)
conducted a test(s) on a Harvest Batch, then every Retail Marijuana Cultivation Facility and Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to a Shipping
Container holding any Retail Marijuana from that Harvest Batch with the results of that test. The
type of information that must be labeled shall be limited to the following:
a. A cannabinoid potency profile expressed as a range of percentages that extends from the
lowest percentage to highest percentage of concentration for each cannabinoid listed from
93
every test conducted on that strain of Retail Marijuana cultivated by the same Retail
Marijuana Cultivation Facility within the last three months.
b. A statement that the product was tested for contaminants, provided that tests for the
following contaminants were conducted: (1) molds, mildew and filth; (2) microbials; (3)
herbicides, pesticides, and fungicides, and (4) harmful chemicals .
3. Required Statement When Potency Tests Are Not Performed. If a Retail Marijuana Testing
Facility(ies) did not test a Harvest Batch for potency, then every Retail Marijuana Cultivation
Facility and Retail Marijuana Products Manufacturing Facility must ensure that a label is affixed to
a Shipping Container holding any Retail Marijuana from that Harvest Batch with following the
statement "The marijuana contained within this package has not been tested for potency,
consume with caution."
4. Required Statement When Contaminant Tests Are Not Performed. If a Retail Marijuana Testing
Facility(-ies) did not test a Harvest Batch for (1) molds, mildew and filth; (2) microbials, (3)
herbicides, pesticides, and fungicides, and (4) harmful chemicals, then every Retail Marijuana
Cultivation Facility and Retail Marijuana Products Manufacturing Facility must ensure that a label is
affixed to a Shipping Container holding any Retail Marijuana from that Harvest Batch with the
following statement : "The marijuana contained within this package has not been tested for
contaminants."
C. Labeling of Retail Marijuana Containers by a Retail Marijuana Cultivation Facility or a Retail Marijuana
Products Manufacturing Facility. If a Retail Marijuana Cultivation Facility or a Retail Marijuana Products
Manufacturing Facility packages Retail Marijuana within a Container that is then placed within a Shipping
Container, each Container must be affixed with a label(s) containing all of the information required by Rule
R 1002.8, except that the net weight statement required by Rule R 1002.B.1.c shall be based upon the
weight in the Container and not the Shipping Container.
Basis and Purpose-R 1003
The statutory authority for this rule is found at subsections 12-43 .4-202(2)(b), 12-43.4-202(3)(a)(VII), 12-43.4-403(5),
12-43.4-404(1)(e)(ll), 12-43.4-404(1)(e)(lll), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado
Constitution at Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that every Retail Marijuana
Cultivation Facility and Retail Marijuana Products Manufacturing Facility labels each Shipping Container and
Container of Retail Marijuana concentrates with all of the necessary and relevant information for the receiving Retail
Marijuana Establishment. In addition, this rule clarifies basic packaging requirements. The State Licensing Authority
wants to ensure the regulated community employs proper labeling techniques to all Retail Marijuana concentrates as
this is a public health and safety concern.
R 1003-Packaging and Labeling of Retail Marijuana Concentrates by a Retail Marijuana Cultivation Facility
or a Retail Marijuana Products Manufacturing Facility.
A. Packaging of Retail Marijuana Concentrates by a Retail Marijuana Cultivation Facility or a Retail Marijuana
Products Manufacturing FacilitY. Every Retail Marijuana Cultivation Facility and Retail Marijuana Products
Manufacturing Facility must ensure that all Retail Marijuana concentrates are placed within a sealed,
tamper-evident Shipping Container that has no more than one pound of Retail Marijuana concentrate within
it prior to transport or transfer to another Retail Marijuana Establishment.
94
B. Labeling Retail Marijuana Concentrate Shipping Containers by a Retail Marijuana Cultivation Facility or a
Retail Marijuana Products Manufacturing Facility. Every Retail Marijuana Cultivation Facility or Retail
Marijuana Products Manufacturing Facility must ensure that a label(s) is affixed to every Shipping Container
holding a Retail Marijuana concentrate that includes all of the information required by this rule prior to
transport or transfer to another Retail Marijuana Establishment.
1. Required Information. Every Retail Marijuana Cultivation Facility or Retail Marijuana Products
Manufacturing Facility must ensure the following information is affixed to every Shipping Container
holding a Retail Marijuana concentrate:
a. The license number of the Retail Marijuana Cultivation Facility(-ies) where the Retail
Marijuana used to produce the Retail Marijuana concentrate was grown;
b. The license number of the Retail Marijuana Cultivation Facility or Retail Marijuana
Products Manufacturing Facility that produced the Retail Marijuana concentrate;
c. The Production Batch N.umber assigned to the Retail Marijuana concentrate contained
within the Shipping Container;
d. The net weight, using a standard of measure compatible with MITS, of the Retail
Marijuana concentrate prior to its placement in the Shipping Container;
e. A complete list of all nonorganic pesticides , fungicides, and herbicides used during the
cultivation of the Retail Marijuana used to produce the Retail Marijuana concentrate
contained; and
f. A complete list of solvents and chemicals used to create the Retail Marijuana concentrate.
2. Required Statement When Contaminant Tests are Performed . Every Retail Marijuana Cultivation
Facility or Retail Marijuana Products Manufacturing Facility must ensure that a label is affixed to a
Shipping Container in which a Retail Marijuana concentrate is placed that contains a statement
asserting that the Retail Marijuana concentrate within was tested for contaminants and the resu~s
of those tests, if:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used to produce the
Retail Marijuana concentrate for (1) molds, mildew and filth; (2) microbials; (3) herbicides,
pesticides and fungicides, (4) and harmful chemicals; and
b. A Retail Marijuana Testing Facility tested the Production Batch of the Retail Marijuana
concentrate for residual solvents, poisons or toxins .
3. Required Statement When Potency Testing Is Performed . If a Retail Marijuana Testing Facility
tested the Production Batch of the Retail Marijuana concentrate within a Shipping Container for
potency, then every Retail Marijuana Cultivation Facmty or Retail Marijuana Products
Manufacturing Facility must ensure that a label is affixed to the Shipping Container with a
cannabinoid potency profile expressed as a percentage.
4. Required Statement When Contaminant Tests Are Not Performed. Every Retail Marijuana
Cultivation Facility and Retail Marijuana Products Manufacturing Facility must ensure that a label is
affixed to each Shipping Container that holds a Retail Marijuana concentrate with the statement:
95
"The marijuana concentrate contained within this package has not been tested for
contaminants . • unless:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used to produce the
Retail Marijuana concentrate for (1) molds, mildew and filth; (2) microbials; (3) herbicides ,
pesticides and fungicides, (4) and harmful chemicals; and
b. A Retail Marijuana Testing Facility tested the Production Batch of the Retail Marijuana
concentrate for residual solvents, poisons or toxins .
5. Reauired Statement When Potency Testing Is Not Performed . If a Retail Marijuana Testing Facility
did not test the Production Batch of the Retail Marijuana concentrate with in a Shipping Container
for potency, then every Retail Marijuana Cultivation Facility and Retail Marijuana Products
Manufacturing Facility must ensure a label Is affixed to the Shipping Container with the statement:
"The marijuana concentrate contained within this package has not been tested for potency,
consume with caution."
C. Labeling of Reta il Marijuana Concentrate Containers by a Retail Marijuana Cultivation Facility or a Retail
Marijuana Products Manufacturing Facility. If a Retai l Marijuana Cultivation Facility or a Retail Marijuana
Products Manufacturing Facility packages a Retail Marijuana concentrate within a Container that is then
placed within a Shipping Container, each Container must be affixed with a label(s) containing all of the
information required by RuleR 1003.8, except that the net weight statement required by RuleR 1003.B .1.d
shall be based upon the weight in the Container and not the Shipping Container.
Basis and Purpose-R 1004 <::vP6fc5,£()£P
T statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43 .4-202(3)(a)(IV), and 12-43.4-
202(3 VII), 12-43.4-404(6), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado Constitution at
Article XVI , ubsection 16(5)(a)(VI). The purpose of this rule is to ensure that every Retail Marijuana Products
Manufacturing ility labels each Shipping Container and Container holding a Retail Marijuana Product with all of
the necessary and re ant information for the receiving Retail Marijuana Establishment. In addition , this rule clarifies
basic packaging require e ts . The State Licensing Authority wants to ensure the regulated community employs
proper labeling techniques to h Retail Marijuana Product as this is a public health and safety concern.
R 1004-Packaging and Labeling Req isments of a Retail Marijuana Product by a Retail Marijuana Products
Manufacturing Facility
A. Packa in of Retail Mari·uana Product b aRe i Mari·uana Products Manufacturin
1. Every Retail Marijuana Products Manufactu · Facility must ensure that each Retail Marijuana
Product is individually packaged within a Contai rior to transport or transfer to another Retail
Marijuana Establishment.
2. Every Retail Marijuana Products Manufacturing Facility must en e that each Container holding a
Retail Marijuana Product is placed in a Shipping Container prior to sport or transfer to another
Retail Marijuana Establishment.
B. Labelin of Retail Marfuana Product Containers b a Retail Mari ·uana Products Manufa rin
Retail Marijuana Products Manufacturing Facility must ensure that a label(s) is affixed to ev
96
F. Potency Testing
1. Cannabinoids Potency Profiles. A Retail Marijuana Testing Facility may test and
report results for any cannabinoid provided the test is conducted in accordance
with the Division's Retail Marijuana Testing Facility Certification Policy
Statement.
2. Reporting of Results
a. For potency tests on Retail Marijuana and Retail Marijuana Concentrate,
results must be reported by listing a single percentage concentration for
each cannabinoid that represents an average of all samples within the
Test Batch.
b. For potency tests conducted on Retail Marijuana Product. whether
conducted on each individual production batch or via Process Validation
per rule R 1503, results must be reported by listing the total number of
milligrams contained within a single Retail Marijuana Product unit for sale
for each cannabinoid and affirming the THC content is homogenous .
3. Dried Flower. All potency tests conducted on Retail Marijuana must occur on
dried and cured Retail Marijuana that is ready for sale .
4 . Failed Potency Tests for Retail Marijuana Products
a. If an individually packaged Edible Retail Marijuana Product contained
within a Test Batch is determined to have more than 100 mgs ofTHC
within it, then the Test Batch shall be considered to have failed potency
testing .
b. If the THC content of a Marijuana Product is determined through testing
to not be homogenous, then it shall be considered to have failed potency
testing . A Retail Marijuana Product shall be considered to not be
homogenous if 1 0% of the infused portion of the Retail Marijuana
Product contains more than 20% of the total THC contained within entire
Retail Marijuana Product.
R 1000 Series-Labeling, Packaging, and Product Safety
Basis and Purpose-R 1004
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), and
12-43.4-202(3)(a)(VII), 12-43.4-404(6), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado
Constitution at Article XVIII, Subsection 16(5)(a)(VI}. The purpose of this rule is to ensure that every
Retail Marijuana Products Manufacturing Facility labels each Shipping Container and Container holding a
Retail Marijuana Product with all of the necessary and relevant information for the receiving Retail
Marijuana Establishment. In addition, this rule clarifies basic packaging requirements . The State
Licensing Authority wants to ensure the regulated community employs proper labeling techniques to each
Retail Marijuana Product as this is a public health and safety concern.
R 1004-Packaging and Labeling Requirements of a Retail Marijuana Product by a Retail
Marijuana Products Manufacturing Facility
28
A . This rule is repealed effective February 1,2015. Retail Marijuana Product Manufacturing
Facilities shall refer to ruleR 1004.5 for Retail Marijuana Product packaging and labeling
requirements beginning February 1, 2015 .
B. Packaging of Retail Marijuana Product by a Retail Marijuana Products Manufacturing
Facility
1. Every Retail Marijuana Products Manufacturing Facility must ensure that each
Retail Marijuana Product is individually packaged within a Container prior to
transport or transfer to another Retail Marijuana Establishment.
2. Every Retail Marijuana Products Manufacturing Facility must ensure that each
Container holding a Retail Marijuana Product is placed in a Shipping Container
prior to transport or transfer to another Retail Marijuana Establishment.
B. Labeling of Retail Marijuana Product Containers by a Retail Marijuana Products
Manufacturing Facility. A Retail Marijuana Products Manufacturing Facility must ensure
that a Jabel(s) is affixed to every Container holding a Retail Marijuana Product that
includes all of the information required by this rule prior to transport or transfer to another
Retail Marijuana Establishment.
1. Required Information (General). Every Retail Marijuana Products Manufacturing
Facility must ensure the following information is affixed to every Container
holding a Retail Marijuana Product
a. The license number of the Retail Marijuana Cultivation Facility(-ies)
where the Retail Marijuana used to produce the Retail Marijuana Product
was grown;
b. The Production Batch Number(s) of Retail Marijuana concentrate(s) used
in the production of the Retail Marijuana Product.
c. The license number of the Retail Marijuana Products Manufacturing
Facility that produced the Retail Marijuana Product.
d. The Production Batch Number(s) assigned to the Retail Marijuana
Product.
e. A statement about whether the Container is Child-Resistant.
f. A clear set of usage instructions for non-Edible Retail Marijuana Product.
g. A complete list of all nonorganic pesticides, fungicides. and herbicides
used during the cultivation of the Retail Marijuana used to produce the
Retail Marijuana Product.
h. A complete list of solvents and chemicals used in the creation of any
Retail Marijuana concentrate that was used to produce the Retail
Marijuana Product.
2. Required Information (Edible Retail Marijuana Product). Every Retail Marijuana
Products Manufacturing Facility must ensure that the following information or
statement is affixed to every Container holding an Edible Retail Marijuana
Product:
29
a. Ingredient List. A list of all ingredients used to manufacture the Edible
Retail Marijuana Product; which may include a list of any potential
allergens contained within.
b. Statement Regarding Refrigeration. If the Retail Marijuana Product is
perishable, a statement that the Retail Marijuana Product must be
refrigerated .
c. Serving Size Statement. ''The standardized serving size for this
product includes no more than ten milligrams of active THC."
d . Statement of Expiration Date. A product expiration date, for perishable
Retail Marijuana Product, upon which the product will no longer be fit for
consumption, or a use-by-date, upon which the product will no longer be
optimally fresh. Once a label with a use-by or expiration date has been
affixed to a Container holding a Retail Marijuana Product, a Licensee
shall not alter that date or affix a new label with a later use-by or
expiration date.
3. Permissive Information (Edible Retail Marijuana Product). Every Retail Marijuana
Products Manufacturing Facility may affix a label{s) with the following information
to every Container holding an Edible Retail Marijuana Product:
a. The Retail Marijuana Product's compatibility with dietary restrictions; and
b. A nutritional fact panel that, if included, must be based on the number of
THC servings within the Container.
4. Required Statement When Contaminant Tests are Performed. Every Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to
each Container holding a Retail Marijuana Product with a statement asserting
that the Retail Marijuana Product was tested for contaminants and the results of
those tests, if:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for {1) molds, mildew and filth;
(2) microbials; {3) herbicides, pesticides and fungicides, (4) and harmful
chemicals;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for residual solvents, poisons or toxins; and
c. A Retail Marijuana Testing Facility{ies) tested the Production Batch of
the Retail Marijuana Product for microbials and molds, mildew and filth.
5. Required Statement if Cannabinoid Potency is Tested. If a Retail Marijuana
Testing Facility tested the Production Batch of the Retail Marijuana Product
within the Container for potency, then every Retail Marijuana Products
Manufacturing Facility must ensure that a label is affixed to the Container with a
potency profile expressed in milligrams and the number of THC servings within
the Container.
6. Required Statement When No Containment Testing is Completed. Every Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to
30
each Container that holds a Retail Marijuana Product with the statement: "The
marijuana product contained within this package has not been tested for
contaminants." unless:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for (1) molds, mildew and filth;
(2) microbials; (3) herbicides, pesticides and fungicides, (4) and harmful
chemicals;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for residual solvents, poisons or toxins; and
c. A Retail Marijuana Testing Facility(ies) tested the Production Batch of
the Retail Marijuana Product for microbials and molds, mildew and filth .
7. Required Statement When No Potency Testing Completed. If a Retail Marijuana
Testing Facility did not test the Production Batch of the Retail Marijuana Product
within a Container for potency, then every Retail Marijuana Products
Manufacturing Facility must ensure that a label is affixed to the Container with
the a statement: "The marijuana product contained within this package has
not been tested for potency, consume with caution."
C. Labeling of Retail Marijuana Product Shipping Containers by Retail Marijuana Products
Manufacturing Facility . Prior to transporting or transferring any Retail Marijuana Product
to another Retail Marijuana Establishment, a Retail Marijuana Manufacturing Products
Facility must ensure that a label is affixed to a Shipping Container holding Retail
Marijuana Product that includes all of the information required by this rule . A Retail
Marijuana Products Manufacturing Facility must include the following information on
every Shipping Container:
1. The number of Containers holding a Retail Marijuana Product within the Shipping
Container; and
2. The licens~ number of the Retail Marijuana Products Manufacturing Facility(-ies)
that produced the Retail Marijuana Product within the Shipping Container.
Basis and Purpose -R 1004.5
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), and
12-43.4-202(3)(a)(VII), 12-43.4-404(6), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado
Constitution at Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that every
Retail Marijuana Products Manufacturing Facility labels each Shipping Container and Container holding a
Retail Marijuana Product with all of the necessary and relevant information for the receiving Retail
Marijuana Establishment. In addition, this rule clarifies basic packaging requirements . The State
Licensing Authority wants to ensure the regulated community employs proper packaging and labeling
techniques for each Retail Marijuana Product as this is a public health and safety concern .
R 1004.5-Packaging and Labeling Requirements of a Retail Marijuana Product by a Retail
Marijuana Products Manufacturing Facility
A. Applicability. This rule shall apply to all Retail Marijuana Products manufactured on or
after February 1, 2015.
31
B. Packaging of Retail Marijuana Product by a Retail Marijuana Products Manufacturing
Facility
1. General Standard.
a. Every Retail Marijuana Products_Manufacturing Facility must ensure that
each Container holding a Retail Marijuana Product is placed in a
Shipping Container prior to transport or transfer to another Retail
Marijuana Establishment.
2. Single-Serving Edible Retail Marijuana Product.
a. Every Retail Marijuana Products Manufacturing Facility must ensure that
each Single-Serving Edible Retail Marijuana Product is individually
packaged within a Child-Resistant Container prior to transport or transfer
to another Retail Marijuana Establishment.
b. A Retail Marijuana Products Manufacturing Facility may bundle Single-
Serving Edible Retail Marijuana Products that are individually packaged
in Child-Resistant packaging and labeled pursuant to Rule R 1 006.5(C)
into a larger package that does not need to be Child-Resistant so long as
the total amount of active THC contained within the bundled package
does not exceed 1 00 milligrams and the external packaging complies
with the Serving Size and Total Active THC Statement requirement of
subparagraph (C)(2)(c) of this rule .
3. Multiple-Serving Edible Retail Marijuana Product.
a. Every Retail Marijuana Products Manufacturing Facility must ensure that
each Multiple-Serving Edible Marijuana Product is individually packaged
within a Child-Resistant Container that maintains its Child-Resistant
effectiveness for multiple openings prior to transport or transfer to
another Retail Marijuana Establishment.
4. Liquid Edible Retail Marijuana Product.
a. Liquid Edible Retail Marijuana Product that contains no more than one
Standardized Serving Of Marijuana. A Retail Marijuana Products
Manufacturing Facility must ensure that each product complies with
subparagraph (8)(2)(a) of this rule .
b. Liquid Edible Retail Marijuana Product that contains more than one
Standardized Serving Of Marijuana .
i. A Retail Marijuana Products Manufacturing Facility must ensure
that each product is packaged in a Child-Resistant Container
that maintains its Child-Resistant effectiveness for multiple
openings; and
ii. The Container shall clearly demark each Standardized Serving
Of Marijuana in a way that enables a reasonable person to
intuitively determine how much of the product constitutes a
single serving of active THC. The portion of the Container that
clearly demarks each Standardized Serving Of Marijuana need
not be Opaque; OR
32
iii. The Container shall include a device that allows a reasonable
person to intuitively measure and serve a single serving of active
THC .
C. Labeling of Retail Marijuana .Product Containers by a Retail Marijuana Products
Manufacturing Facility. A Retail Marijuana Products Manufacturing Facility must ensure
that a label(s) is affixed to every Container holding a Retail Marijuana Product that
includes all of the information required by this rule prior to transport or transfer to another
Retail Marijuana Establishment.
1. Required Information {General). Every Retail Marijuana Products Manufacturing
Facility must ensure the following information is affixed to every Container
holding a Retail Marijuana Product:
a. The license number of the Retail Marijuana Cultivation Facility(-ies)
where the Retail Marijuana used to produce the Retail Marijuana Product
was grown;
b. The Production Batch Number(s) of Retail Marijuana concentrate(s) used
in the production of the Retail Marijuana Product.
c. The license number of the Retail Marijuana Products Manufacturing
Facility that produced the Retail Marijuana Product.
d. A net weight statement.
e. The Production Batch Number(s) assigned to the Retail Marijuana
Product.
f. A statement about whether the Container is Child-Resistant.
g. A clear set of usage instructions for non-Edible Retail Marijuana Product.
h. The Identity Statement and Standardized Graphic Symbol of the Retail
Marijuana Products Manufacturing Facility that manufactured the Retail
Marijuana Product. A Licensee may elect to have its Identity Statement
also serve as its Standardized Graphic Symbol for purposes of
complying with this rule . The Licensee shall maintain a record of its
Identity Statement and Standardized Graphic Symbol and make such
information available to the State Licensing Authority upon request ;
i. The Universal Symbol , indicating that the Container holds marijuana,
which must be no smaller than Y4 of an inch by Y4 of an inch;
j . The following warning statements:
i. "There may be health risks associated with the
consumption of this product."
ii. "This product is infused with marijuana."
iii. "This product was produced without regulatory oversight
for health, safety, or efficacy."
33
iv. "The intoxicating effects of this product may be delayed by
two or more hours."
v. "There may be additional health risks associated with the
consumption of this product for women who are pregnant,
breastfeeding, or planning on becoming pregnant."
vi. "Do not drive a motor vehicle or operate heavy machinery
while using marijuana."
j. A complete list of all nonorganic pesticides, fungicides, and herbicides
used during the cultivation of the Retail Marijuana used to produce the
Retail Marijuana Product
k. A complete list of solvents and chemicals used in the creation of any
Retail Marijuana concentrate that was used to produce the Retail
Marijuana Product.
2. Required lnfonnation {Edible Retail Marijuana Product}. Every Retail Marijuana
Products Manufacturing Facility must ensure that the following information or
statement is affixed to every Container holding an Edible Retail Marijuana
Product:
a. Ingredient List. A list of all ingredients used to manufacture the Edible
Retail Marijuana Product; which shall include a list of any potential
allergens contained within.
b. Statement Regarding Refrigeration. If the Retail Marijuana Product is
perishable, a statement that the Retail Marijuana Product must be
refrigerated .
c. Serving Size and Total Active THC Statement. Information regarding: the
size of Standardized Serving Of Marijuana for the product by milligrams.
the total number of Standardized Servings of Marijuana in the product,
and the total amount of active THC in the product by milligrams. For
example: "The serving size of active THC in this product is X mg,
this product contains X servings of marijuana, and the total amount
of active THC in this product is X mg."
d. Statement of Production Date . The date on which the Edible Retail
Marijuana Product was produced.
e. Statement of Expiration Date. A product expiration date, for perishable
Retail Marijuana Product, upon which the product will no longer be frt for
consumption, or a use-by-date, upon which the product will no longer be
optimally fresh. Once a label with a use-by or expiration date has been
affixed to a Container holding a Retail Marijuana Product, a Licensee
shall not alter that date or affix a new label with a later use-by or
expiration date.
f. A nutritional fact panel that must be based on the number of THC
servings within the Container.
34
3. Permissive Information (Edible Retail Marijuana Product). Every Retail Marijuana
Products Manufacturing Facility may affix a label(s) with the following information
to every Container holding an Edible Retail Marijuana Product:
a. The Retail Marijuana Product's compatibility with dietary restrictions.
4. Required Statement When Contaminant Tests are Performed. Every Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to
each Container holding a Retail Marijuana Product with a statement asserting
that the Retail Marijuana Product was tested for contaminants and the results of
those tests. if:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for contaminants required to be
tested per rule R 1501;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for contaminants required to be tested per rule R 1501; and
c. A Retail Marijuana Testing Facility(ies) tested the Production Batch of
the Retail Marijuana Product for contaminants required to be tested per
ruleR 1501.
5. Required Statement When Cannabinoid Potency is Tested . Every Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to
the Container with a potency profile expressed in milligrams pursuant to rule R
1503 and the number of THC servings within the Container.
6. Required Statement When No Contaminant Testing is Completed. Every Retail
Marijuana Products Manufacturing Facility must ensure that a label is affixed to
each Container that holds a Retail Marijuana Product with the statement: "The
marijuana product contained within this package has not been tested for
contaminants." unless:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for contaminants required to be
tested per rule R 1501;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for contaminants required to be tested per rule R 1501; and
c. A Retail Marijuana Testing Facility(ies) tested the Production Batch of
the Retail Marijuana Product for contaminants required to be tested per
ruleR 1501.
D. Labeling of Retail Marijuana Product Shipping Containers by Retail Marijuana Products
Manufacturing Facilitv . Prior to transporting or transferring any Retail Marijuana Product
to another Retail Marijuana Establishment, a Retail Marijuana Manufacturing Products
Facility must ensure that a label is affixed to a Shipping Container holding Retail
Marijuana Product that includes all of the information required by this rule. A Retail
Marijuana Products Manufacturing Facility must include the following information on
every Shipping Container:
35
1. The number of Containers holding a Retail Marijuana Product within the Shipping
Container; and
2. The license number of the Retail Marijuana Products Manufacturing Facility(-ies)
that produced the Retail Marijuana Product within the Shipping Container.
--aasis and Purpose-R 1006
·~,.he statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), 12-~202(3)(a){VII), 12-43.4-402(4), and 25-4-1614(3)(a). C.R.S . Authority also exists in the Colorado
Const~tion at Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that the labeling
on eacli ~ntainer holding a Retail Marijuana Product includes necessary and relevant information for
consume_rs~oes not include health and physical benefit claims, is easily accessible to consumers, and is
clear and noticeable. In addition, this rule clarifies basic packaging requirements. Further, the State
Licensing Authoflty__believes based on written and oral comments it has· received through the rulemaking
process that prohibalng labels that are intended to target individuals under the age of 21 and requiring
child-resistant packaging~ of a state wide concern and would assist in limiting exposure and diversion to
minors. The State licensing-t_uthority wants to ensure the regulated community employs proper labeling
techniques to each Retail Matij~ Product as this is a public health and safety concern.
R 1006-Packaging and Labeling of Retail Marijuana Product by a Retail Marijuana Store ,,
A. This rule is repealed eff~~ve February 1, 2015 . Retail Marijuana Stores shall refer to rule
R 1006.5 for Retail Marijuan Product packaging and labeling requirements beginning
February 1, 2015.
Packa in of Retail Mari'uana ProdUbt b a Retail Mari'uana Store . A Retail Marijuana
Store must ensure that each Retail Ma ~uana Product is placed within a Container prior
B.
c.
to sale to a consumer. If the Container is rrnt Child-Resistant, the Retail Marijuana Store
must place the Container within an Exit Packa~at is Child-Resistant.
Labeling of Retail Marijuana Product by a Retail Ma~uana Store. Every Retail Marijuana
Store must ensure that a label(s) is affixed to every DQta~ner holdrng a Retail ManJuana
Product that includes all of the information required by tfii~ rule prior to sale to a
consumer: ~
1. Required Information (Genera!l. Every Retail Marijuan~tore must ensure the
following information is affixed to every Container holding a etail Marijuana
Product:
a. The license number of the Retail Marijuana Cultivation Facili ~s)
where the Retail Marijuana used to produce the Retail Marijuana R_,roduct
~gro~; ~
36
C. Labeling of Retail Marijuana Product Shipping Containers bv Retail Marijuana Products Manufacturing
Facilitv. Prior to transporting or transferring any Retail Marijuana Product to another Retail Marijuana
Establishment, a Retail Marijuana Manufacturing Products Facility must ensure that a label is affixed to a
Shipping Container holding Retail Marijuana Product that includes all of the information required by this rule.
A Retail Marijuana Products Manufacturing Facility must include the following information on every Shipping
Container :
1. The number of Containers holding a Retail Marijuana Product within the Shipping Container; and
2. The license number of the Retail Marijuana Products Manufacturing Facility(-ies) that produced the
Retail Marijuana Product within the Shipping Container.
Basis and Purpose -R 1005
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), 12-43.4-
202(3)(a)(VII), 12-43.4-402(4), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado Constitution at
Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that the labeling on each Container of
Retail Marijuana includes necessary and relevant information for consumers, does not include health and physical
benefit claims, is easily accessible to consumers, and is clear and noticeable. In addition, this rule clarifies basic
packaging requirements . Further, the State Licensing Authority believes based on written and oral comments it has
received through the rulemaking process that prohibiting labels that are intended to target individuals under the age
of 21 and requiring child-resistant packaging is of a state wide concern and would assist in limiting exposure and
diversion to minors . The State Licensing Authority wants to ensure the regulated community employs proper labeling
techniques to all Retail Marijuana as this is a public health and safety concern.
R 1005 -Packaging and Labeling of Retail Marijuana by a Retail Marijuana Store
A. Packaging of Retail Marijuana by a Retail Marijuana Store. A Retail Marijuana Store must ensure that all
Retail Marijuana is placed within a Container prior to sale to a consumer. If the Container is not Child-
Resistant, the Retail Marijuana Store must place the Container within an Exit Package that is Child-
Resistant
B. Labeling of Retail Marijuana by a Retail Marijuana Store. A Retail Marijuana Store must affix all of the
information required by this rule to every Container in which Retail Marijuana is placed prior to sale to a
consumer :
1. A Retail Marijuana Store must include the following information on every Container.
a. The license number of the Retail Marijuana Cultivation Facility(-ies) where the Retail
Marijuana was grown;
b. The license number of the Retail Marijuana Store that sold the Retail Marijuana to the
consumer;
c. The Identity Statement and Standardized Graphic Symbol of the Retail Marijuana Store
that sold the Retail Marijuana to the consumer . A Licensee may elect to have its Identity
Statement also serve as its Standardized Graphic Symbol for purposes of complying with
99
this rule. The Licensee shall maintain a record of its Identity Statement and Standardized
Graphic Symbol and make such information available to the State Licensing Authority
upon request;
d. The Harvest Batch Number(s) assigned to the Retail Marijuana within the Container;
e. The date of sale to the consumer;
f. The net weight, in grams to at least the tenth of a gram, of the Retail Marijuana prior to its
placement in the Container;
g. The Universal Symbol, indicating that the Container holds marijuana, which must be no
smaller than % of an inch by % of an inch;
h. The following warning statements :
i. "There may be health risks associated with the consumption or this
product."
ii. "This product is intended for use by adults 21 years and older. Keep out of
the reach of children."
iii. "This product is unlawful outside the State of Colorado."
iv. "There may be additional health risks associated with the consumption of
this product for women who are pregnant, breastfeeding, or planning on
becoming pregnant"
v. "Do not drive or operate heavy machinery while using marijuana."
i. A complete list of all nonorganic pesticides, fungicides, and herbicides used during the
cultivation of the Retail Marijuana.
2. Required Statement When Tests are Performed. If a Retail Marijuana Testing Facility(-ies)
conducted a test(s) on a Harvest Batch, then a Retail Marijuana Store must ensure that a label is
affixed to a Container holding any Retail Marijuana from that Harvest Batch with the results of that
test. The type of information that must be labeled shall be limited to the following:
a. A cannabinoid potency profile expressed as a range of percentages that extends from the
lowest percentage to highest percentage of concentration for each cannabinoid listed from
every test conducted on that strain of Retail Marijuana cultivated by the same Retail
Marijuana Cultivation Facility within the last three months.
b. A statement that the product was tested for contaminants, provided that tests for the
following contaminants were conducted : (1) molds, mildew and filth; (2) microbials, (3)
herbicides, pesticides, and fungicides, and (4) harmful chemicals .
3. Required Statement When Potency Tests Are Not Performed. If a Retail Marijuana Testing
Facility(ies) did not test a Harvest Batch for potency, then a Retail Marijuana Store must ensure
100
that a label is affixed to a Container holding any Retail Marijuana from that Harvest Batch with
following the statement: "The marijuana contained within this package has not been tested for
potency. consume with caution:
4. Required Statement When Contaminant Tests Are Not Performed. If a Retail Marijuana Testing
Facility(-ies) did not test a Harvest Batch for (1) molds, mildew and filth; (2) microbials, (3)
herbicides, pesticides, and fungicides, and (4) harmful chemicals, then a Retail Marijuana Store
must ensure that a label is affixed to a Container holding any Retail Marijuana from that Harvest
Batch with the following statement: "The marijuana contained within this package has not
been tested for contaminants."
s1s and Purpose-R 1006
'\statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202{3)(a)(IV), 12-43.4-
202{~ )(VII), 12-43.4-402(4), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado Constitution at
Article II, Subsection 16(5){a)(VI). The purpose of this rule is to ensure that the labeling on each Container
holding a R ~·1 Marijuana Product includes necessary and relevant information for consumers, does not include
health and phys I benefit claims, is easily accessible to consumers, and is clear and noticeable. In addition, this
rule clarifies basic p ~aging requirements. Further, the State Licensing Authority believes based on written and oral
comments it has recffiv~rough the rulemaking process that prohibiting labels that are intended to target
individuals under the age o 1 and requiring child-resistant packaging is of a state wide concern and would assist in
limiting exposure and diversion minors . The State licensing Authority wants to ensure the regulated community
employs proper labeling techniques each Retail Marijuana Product as this is a public health and safety concern .
R 1006-Packaging and Labeling of Ret i Marijuana Product by a Retail Marijuana Store
A. Packa in of Retail Mari'uana Product b Retail Mari'uana Store. A Retail Marijuana Store must ensure
that each Retail Marijuana Product is placed · hin a Container prior to sale to a consumer. If the Container
is not Child-Resistant, the Retail Marijuana Star ust place the Container within an Exit Package that is
Child-Resistant.
8. Labelin of Retail Mari'uana Product b a Retail Mari'uana ore. Every Retail Marijuana Store must ensure
that a label(s) is affixed to every Container holding a Retai arijuana Product that includes all of the
information required by this rule prior to sale to a consumer:
1. Required Information (General). Every Retail Marijuana S e ensure the following
information is affixed to every Container holding a Retail Marijuana
a. The license number of the Retail Marijuana Cultivation Faciltty · s) where the Retail
Marijuana used to produce the Retail Marijuana Product was grown;
b. The Production Batch Number(s) assigned to the Retail Marijuana concen
produce the Retail Marijuana Product;
c. The license number of the Retail Marijuana Products Manufacturing Facility that produ
the Retail Marijuana Product;
101
1. The number of Containers holding a Retail Marijuana Product within the Shipping
Container; and
2 . The license number of the Retail Marijuana Products Manufacturing Facility(-ies)
that produced the Retail Marijuana Product within the Shipping Container.
Basis and Purpose-R 1006
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202{3)(a)(IV), 12-
43 .4-202(3)(a)(VII), 12-43.4-402(4), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado
Constitution at Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that the labeling
on each Container holding a Retail Marijuana Product includes necessary and relevant information for
consumers, does not include health and physical benefit claims. is easily accessible to consumers, and is
clear and noticeable. In addition, this rule clarifies basic packaging requirements . Further, the State
Licensing Authority believes based on written and oral comments it has received through the rulemaking
process that prohibiting labels that are intended to target individuals under the age of 21 and requiring
child-resistant packaging is of a state wide concern and would assist in limiting exposure and diversion to
minors. The State Licensing Authority wants to ensure the regulated community employs proper labeling
techniques to each Retail Marijuana Product as this is a public health and safety concern .
R 1006-Packaging and Labeling of Retail Marijuana Product by a Retail Marijuana Store
A. This rule is repealed effective February 1, 2015. Retail Marijuana Stores shall refer to rule
R 1006.5 for Retail Marijuana Product packaging and labeling requirements beginning
February 1, 2015.
B. Packaging of Retail Marijuana Product by a Retail Marijuana Store. A Retail Marijuana
Store must ensure that each Retail Marijuana Product is placed within a Container prior
to sale to a consumer. If the Container is not Child-Resistant, the Retail Marijuana Store
must place the Container within an Exit Package that is Child-Resistant
C. Labeling of Retail Marijuana Product by a Retail Marijuana Store. Every Retail Marijuana
Store must ensure that a label(s) is affixed to every Container holding a Retail Marijuana
Product that includes all of the information required by this rule prior to sale to a
consumer:
1. Reauired Information (General). Every Retail Marijuana Store must ensure the
following information is affixed to every Container holding a Retail Marijuana
Product:
a . The license number of the Retail Marijuana Cultivation Facility(-ies)
where the Retail Marijuana used to produce the Retail Marijuana Product
was grown;
36
b. The Production Batch Number(s) assigned to the Retail Marijuana
concentrate used to produce the Retail Marijuana Product;
c. The license number of the Retail Marijuana Products Manufacturing
Facility that produced the Retail Marijuana Product;
d. The Production Batch Number(s) ass igned to the Retail Marijuana
Product;
e. The license number of the Retail Marijuana Store that sold the Retail
Marijuana Product to the consumer;
f. A statement about whether the Container is Ch il d-Res istant;
g. The Identity Statement and Standardized Graph ic Symbol of the Retail
Marijuana Store that sold the Retail Marijuana Product to the consumer.
A Licensee may elect to have its Identity Statement also serve as its
Standardized Graph ic Symbo l for purposes of complying with this rule .
The Licensee shall maintain a record of its Identity Statement and
Standardized Graphic Symbol and make such information available to
the State Licensing Authority upon request ;
h. The date of sale to the consumer.
i. The following warn ing statements :
i. "There may be health risks associated with the
consumption ofthis product."
ii. "This product is intended for use by adults 21 years and
older. Keep out of the reach of children."
ii i. "This product is unlawful outside the State of Colorado."
iv. "This product is infused with marijuana."
v. "This product was produced without regulatory oversight
for health, safety, or efficacy."
vi . "The intoxicating effects of this product may be delayed by
two or more hours."
vii . ''There may be additional health risks associated with the
consumption of this product for women who are pregnant,
breastfeeding, or planning on becoming pregnant."
viii. "Do not drive a motor vehicle or operate heavy machinery
while using marijuana."
j . The Un iversal Symbol , indicating that the Container holds marijuana ,
which must be no smaller than ~ of an inch by ~ of an inch ;
37
k. A clear set of instructions for proper usage for non-Edible Retail
Marijuana Product ;
I. A complete list of all nonorganic pesticides, fungicides, and herbicides
used during the cultivation of the Retail Marijuana used to produce the
Retail Marijuana Product; and
m. A complete list of solvents and chemicals used in the creation of any
Retail Marijuana concentrate used in the produce of the Retail Marijuana
Product.
2. Required Information (Edible Retail Marijuana Product). Every Retail Marijuana
Store must ensure that the following information or statement is affixed to every
Conta iner holding an Edible Retail Marijuana Product:
a. Ingredient List. A list of all ingred ients used to manufacture the Edible
Retail Marijuana Product; which may include a list of any potential
allergens contained within .
b. Statement Regarding Refrigeration. If the Retail Marijuana Product is
perishable, a statement that the Retail Marijuana Product must be
refrigerated .
c. Serving Size Statement. "The standardized serving size for this
product includes no more than ten milligrams of active THC."
d. Statement of Expiration Date. A product expiration date , for perishable
Retail Marijuana Product, upon which the product will no longer be fit for
consumption , or a use-by-date , upon which the product will no longer be
optimally fresh. Once a label with a use-by or expiration date has been
affixed to a Container holding a Retail Marijuana Product, a Licensee
shall not alter that date or affix a new label with a later use-by or
expiration date.
3. Permissive Information (Edible Retail Marijuana Product). Every Retail Marijuana
Store may affix a label(s) with the following information to every Container
holding an Edible Retail Marijuana Product:
a. The Retail Marijuana Product's compatibility with dietary restrictions ; and
b. A nutritional fact panel that, if included , must be based on the number of
THC servings within the Container.
4. Requ ired Statement When Contaminant Tests are Performed . Every Retail
Marijuana Store must ensure that a label is affixed to each Container holding a
Retail Marijuana Product with a statement asserting that the Retail Marijuana
Product was tested for contaminants and the results of those tests , if:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for (1) molds , mildew and filth ;
38
(2) microbials; (3) herbicides, pesticides and fungicides, {4) and harmful
chemicals;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for residual solvents, poisons or toxins; and
c. A Retail Marijuana Testing Facility(ies) tested the Production Batch of
the Retail Marijuana Product for microbials and molds, mildew and filth .
5. Required Statement if Cannabinoid Potency is Tested. If a Retail Marijuana
Testing Facility tested the Production Batch of the Retail Marijuana Product
within the Container for potency, then every Retail Marijuana Store must ensure
that a label is affixed to the Container with a potency profile expressed milligrams
and the number of THC servings within the Container.
6 . Required Statement When No Containment Testing is Completed . Every Retail
Marijuana Store must ensure that a label is affixed to each Container that holds a
Retail Marijuana Product with the statement: "The marijuana product
contained within this package has not been tested for contaminants."
unless:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used
to produce the Retail Marijuana Product for (1) molds, mildew and filth;
(2) microbials; {3) herbicides, pesticides and fungicides, (4) and harmful
chemicals;
b. A Retail Marijuana Testing Facility tested every Production Batch of
Retail Marijuana concentrate used to produce the Retail Marijuana
Product for residual solvents, poisons or toxins; and
c. A Retail Marijuana Testing Facility(ies) tested the Production Batch of
the Retail Marijuana Product for microbials and molds, mildew and filth .
7. Required Statement When No Potency Testing Completed . If a Retail Marijuana
Testing Facility did not test the Production Batch of the Retail Marijuana Product
within a Container for potency, then every Retail Marijuana Store must ensure
that a label is affixed to the Container with the a statement: "The marijuana
product contained within this package has not been tested for potency,
consume with caution."
Basis and Purpose-R 1006.5
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), 12-
43.4-202(3)(a)(VII), 12-43.4-402(4), and 25-4-1614(3)(a), C.R.S. Authority also exists in the Colorado
Constitution at Article XVIII, Subsection 16(5)(a)(VI}. The purpose of this rule is to ensure that the labeling
on each Container holding a Retail Marijuana Product includes necessary and relevant infonnation for
consumers, does not include health and physical benefit claims, is easily accessible to consumers, and is
clear and noticeable. In addition, this rule clarifies basic packaging requirements. Further, the State
Licensing Authority believes based on written and oral comments it has received through the rulemaking
process that prohibiting labels that are intended to target individuals under the age of 21 and requiring
child-resistant packaging is of a state wide concern and would assist in limiting exposure and diversion to
minors . The State Licensing Authority wants to ensure the regulated community employs proper
packaging and labeling techniques for each Retail Marijuana Product as this is a public health and safety
concern .
39
R 1006.5-Packaging and Labeling of Retail Marijuana Product by a Retail Marijuana Store
A. Applicability. This rule shall apply to all Retail Marijuana Stores beginning February 1,
2015.
B. Packaging Requirements for a Retail Marijuana Store.
1. Beginning February 1, 2015, a Retail Marijuana Store shall not purchase, take
possession of, or sell Edible Retail Marijuana Product that does not comply with
ruleR 1004.5 .
2 . A Retail Marijuana Store must ensure that each Edible Retail Marijuana Product
placed within a Container for sale to a consumer pursuant to this rule must also
be placed in an Opaque Exit Package at the point of sale to the consumer.
3 . A Retail Marijuana Store must ensure that each Retail Marijuana Product that is
not an Edible Retail Marijuana Product is placed within a Container prior to sale
to a consumer. If the Container is not Child-Resistant , the Retail Marijuana Store
must place the Container within an Exit Package that is Child-Resistant.
C. Labeling of Retail Marijuana Product by a Retail Marijuana Store. Every Retail Marijuana
Store must ensure that a label(s) is affixed to every Exit Package at the time of sale to a
consumer that includes all of the information required by this rule :
1. Required Information (General). Every Retail Marijuana Store must ensure the
following information is affixed to every Container holding a Retail Marijuana
Product:
a. The license number of the Retail Marijuana Store that sold the Retail
Marijuana Product to the consumer;
b. A statement about whether the Container is Child-Resistant;
c. The Identity Statement and Standardized Graphic Symbol of the Retail
Marijuana Store that sold the Retail Marijuana Product to the consumer.
A Licensee may elect to have its Identity Statement also serve as its
Standardized Graphic Symbol for purposes of complying with this rule.
The Licensee shall maintain a record of its Identity Statement and
Standardized Graphic Symbol and make such information available to
the State Licensing Authority upon request;
d. The date of sale to the consumer;
e. The following warning statements:
i. "There may be health risks associated with the
consumption of this product."
ii. "This product is intended for use by adults 21 years and
older. Keep out of the reach of children."
iii. "This product Is unlawful outside the State of Colorado."
iv. "This product is infused with marijuana."
40
v. "This product was produced without regulatory oversight
for health, safety, or efficacy."
vi. "The Intoxicating effects of this product may be delayed by
two or more hours."
vii. "There may be additional health risks associated with the
consumption of this product for women who are pregnant,
breastfeeding, or planning on becoming pregnant."
viii. "Do not drive a motor vehicle or operate heavy machinery
while using marijuana."
f. The Universal Symbol, indicating that the Exit Package holds marijuana,
which must be no smaller than Y. of an inch by Y. of an inch.
~~ and Purpose - R 1204
The st~ ory authority for this rule is found at subsections 12-43.4-202{2)(b), 12-43.4-202(3){b)(l), and 12-
43 .4-202 {b){lll), 12-43.4-202{3){b)(VIII), and 12-43.4-202{3){b)(IX), C.R.S . This rule explains that the
Director oft Division may exercise discretion to accept an assurance of voluntary compliance . It also
explains the e · entiary value of an assurance of voluntary compliance should a licensee not comply w ith
the agreement.
R 1204 -Assurance o Yoluntary Compliance
A. The Director of the ·vision may accept an assurance of voluntary compliance regarding any act
or practice alleged to VI ate the Retail Code , or the rules and regulations thereunder, from a
person who has engaged · , is engaging in, or is about to engage in such acts or practices.
B. The assurance must be in writ1 and may include a stipulation for the voluntary payment of the
cost commensurate with the acts practices and an amount necessary to restore money or
property which may have been acq · ed by the alleged violator because of the acts or practices .
C. An assurance of voluntary compliance m not be considered an adm ission of a violation for any
purpose; however, proof of failure to compl ith the assurance of voluntary compliance is prima
facie evidence of a violation of the Retail Code , r the rules and regulation thereunder.
D. The State Licensing Authority may approve or revie an assurance of voluntary compliance .
R 1500 Series-Retail Marijuana Testing Program
Basis and Purpose - R 1501
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-4 . 202(3){a)(IV), 12-
43.4-202(3)(a){VII), 12-43 .4-202(3){a)(X), 12-43.4-202(3)(a)(XI), 12-43.4-202(3){a)(XI 12-43.4-
202(3)(b)(lll), 12-43.4-202(3)(b)(IX), 12-43.4-202{3)(c){VII), 12-43.4-402(4), 12-43.4-40 ), and 12-43.4-
404(6), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsectio
41
Retail Marijuana Store must ensure that a label is affixed to the Container with a potency
expressed milligrams and the number of THC servings within the Container.
6. Required Statement When No Containment Testing is Completed . Every Re · Marijuana Store
must ensure that a label Is affixed to each Container that holds a Retail M .. ana Product with the
statement: "The marijuana product contained within this packa as not been tested for
contaminants." unless:
a. A Retail Marijuana Testing Facility(ies) tested e Harvest Batch used to produce the
Retail Marijuana Product for (1) molds, mil and filth; (2) microbials; (3) herbicides,
pesticides and fungicides, (4) and harmf emicats;
b. A Retail Marijuana Testing Fa T tested every Production Batch of Retail Marijuana
concentrate used to produ e Retail Marijuana Product for residual solvents, poisons
or toxins; and
c. A Retail Mari' a Testing Facility(ies) tested the Production Batch of the Retail
Marijuana R duct for microbials and molds, mildew and filth .
7. uired Sta ment When No Potenc Testin Com leted. If a Retail Marijuana Testing Facility
did not t the Production Batch of the Retail Marijuana Product within a Container for potency,
the very Retail Marijuana Store must ensure that a label is affixed to the Container with the a
tement: "The marijuana product contained within this package has not been tested for
potency, consume with caution."
Basis and Purpose - R 1007
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(IV), 12-43.4-
202(3)(a)(VII), 12-43.4-402(4), and 25-4-1614(3)(a), C.R.S . Authority also exists in the Colorado Constitution at
Article XVIII, Subsection 16(5)(a)(VI). The purpose of this rule is to ensure that the labeling on each Container
holding a Retail Marijuana concentrate includes necessary and relevant information for consumers, does not include
health and physical benefit claims, is easily accessible to consumers, and is clear and noticeable . In addition, this
rule clarifies basic packaging requirements. Further, the State Licensing Authority believes based on written and oral
comments it has received through the rulemaking process that prohibiting labels that are intended to target
individuals under the age of 21 and requiring child-resistant packaging is of a state wide concern and would assist in
limiting exposure and diversion to minors . The State Ucensing Authority wants to ensure the regulated community
employs proper labeling techniques to each Retail Marijuana concentrate as this is a public health and safety
concern.
R 1007 -Packaging and labeling of Retail Marijuana Concentrates by a Retail Marijuana Store
A Packaging of Retail Marijuana Concentrates by a Retail Marijuana Cultivation Facility . A Retail Marijuana
Store must ensure that all Retail Marijuana concentrates are placed within a Container prior to sale to a
consumer. If the Container is not Child-Resistant, the Retail Marijuana Store must place the Container
within an Exit Package that is Child-Resistant.
104
B. Labeling of Retail Marijuana Concentrates by Retail Marijuana Stores. Every Retail Marijuana Store must
ensure that a label(s) is affixed to every Container holding Retail Marijuana concentrate that includes all of
the information required by this rule prior to sale to a consumer:
1. Every Retail Marijuana Store must ensure the following information is affixed to every Container
holding a Retail Marijuana concentrate :
a. The license number of the Retail Marijuana Cultivation Facility(-ies) where the Retail
Marijuana used to produce the Retail Marijuana concentrate within the Container was
grown;
b. The license number of the Retail Marijuana Cultivation Facility or Retail Marijuana
Products Manufacturing Facility that produced the Retail Marijuana concentrate;
c. The Production Batch Number assigned to the Retail Marijuana concentrate;
d. The license number of the Retail Marijuana Store that sold the Retail Marijuana Product to
the consumer;
e. The net weight, in grams to at least the tenth of a gram, of the Retail Marijuana
concentrate prior to its placement in the Container;
f. The date of sale to the consumer;
g. The following warning statements :
i. "There may be health risks associated with the consumption of this
product"
ii. "This product is intended for use by adults 21 years and older. Keep out of
the reach of children."
iii. "This product is unlawful outside the State of Colorado."
iv. "This product contains marijuana."
v. "This product was produced without regulatory oversight for health, safety,
or efficacy."
vi. "There may be additional health risks associated with the consumption of
this product for women who are pregnant, breastfeeding, or planning on
becoming pregnant"
vii. "Do not drive a motor vehicle or operate heavy machinery while using
marijuana."
h. The Universal Symbol, indicating that the Container holds marijuana, which must be no
smaller than Y. of an inch by Y. of an inch;
105
i. A complete list of all nonorganic pesticides, fungicides , and herbicides used during the
cul~vation of the Retail Marijuana used to produce the Retail Marijuana concentrate; and
j. A complete list of solvents and chemicals used to produce the Retail Marijuana
Concentrate.
2. Every Retail Marijuana Store must ensure that a label is affixed to a Container in which a Retail
Marijuana concentrate is placed that contains a statement asserting that the Retail Marijuana
concentrate within was tested for contaminants and the results of those tests, if:
a. A Retail Marijuana Testing Facility(ies) tested every Harvest Batch used to produce the
Retail Marijuana concentrate for (1) molds, mildew and filth; {2) microbials; (3) herbicides,
pesticides and fungicides, (4) and harmful chemicals; and
b. A Retail Marijuana Testing Facility tested the Production Batch of the Retail Marijuana
concentrate for residual solvents, poisons or toxins .
3. Required Statement When Potency Testing is Performed . If a Retail Marijuana Testing Facility
tested the Production Batch of the Retail Marijuana concentrate within a Container for potency,
then every Retail Marijuana Store must ensure that a label is affixed to the Shipping Container with
a cannabinoid potency profile expressed as a percentage.
4. Required Statement When Contaminant Tests Are Not Performed. Every Retail Marijuana Store
must ensure that a label is affixed to each Container that holds a Retail Marijuana concentrate with
the statement: "The marijuana concentrate contained within this package has not been
tested for contaminants." unless :
a. A Reta il Marijuana Testing Facility(ies) tested every Harvest Batch used to produce the
Retail Marijuana concentrate for (1) molds, mildew and filth ; (2) microb lals; (3) herbicides,
pesticides and fungicides, (4) and harmful chemicals; and
b. A Retail Marijuana Testing Facility tested the Production Batch of the Retail Marijuana
concentrate for residual solvents, poisons or toxins .
5. Reouired Statement When Potency Testing Is Not Performed. If a Retail Marijuana Testing Facility
did not test the Production Batch of the Retail Marijuana concentrate within a Sh ipping Container
for potency, then every Retail Marijuana Store must ensure a label is affixed to the Container with
the statement: "The marijuana concentrate contained within this package has not been
tested for potency, consume with caution ."
106
STATE OF COLORADO
MEDICAL MARIJUANA RULES &
RETAIL MARIJUANA RULES
(Medical Rules = "M" Retail Rules = "R")
RULES ADDRESSING
ADVERTISING/SIGNAGE
(AS OF NOVEMBER 18, 2014)
Attachment 3
M 1100 Series-Signage, Marketing, and Advertising
Basis and Purpose-M 1101
The statutory authority for this rule is found at subjections 12-43 .3-202(1)(b)(l), 12-43.3-202(1)(a)(VI), 12-43.3-
202(2)(a)(VII), 12-43.3-202(2)(a)(XX), and 12-43.3-901(4}(b}, C.R.S. The purpose of this rule is to clearly delineate
that Licensees are not permitted to make false or misleading statements.
M 1101-General Requirement: False and Misleading Statements
A. No Medical Marijuana Business shall display upon or in proximity to, or referring to the Licensed Premises,
use, publish or exhibit, or permit to be used, or published, any sign, advertisement. display, notice, symbol or
other device which are inconsistent with the local laws and regulations in which the licensee operates.
B. No Medical Marijuana Business shall display upon or in proximity to, or referring to the Licensed Premises,
use , publish or exhibit, or permit to be used, or published, any sign, advertisement, display, notice, symbol or
other device which uses misleading, deceptive, or false advertising.
81
R 1100 Series -Signage and Advertising
Basis and Purpose-R 1102
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(c)(l), and 12-43.4-
901(4)(b), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VIII). The
purpose of this rule is to clearly delineate that a Retail Marijuana Establishment is not permitted to make deceptive,
false, or misleading statements in Advertising materials or on any product or document provided to a consumer.
R 1102-Advertising General Requirement: No Deceptive, False or Misleading Statements
A Retail Marijuana Establishment shall not engage in Advertising that is deceptive, false, or misleading. A
Retail Marijuana Establishment shall not make any deceptive, false, or misleading assertions or statements
on any product, any sign, or any document provided to a consumer.
Basis and Purpose R 1103
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(c)(l), and 12-43.4-
901(4)(b), C.R.S. Authority also exists throughout Article XVIII, Section 16 of the Colorado Constitution. The
purpose of this rule is to clarify the definition of the term "minor· as used in the Retail Code and these rules.
R 1103 -The Tenn "Minor" as Used in the Retail Code and These Rules
The term "minor" as used in the Retail Code and these rules means an individual under the age of 21.
Basis and Purpose - R 1104
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a)(V) and (S)(a)(VIII). The
purpose of this rule is to clarify the restrictions applicable to television Advertising.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo.
Cons!. art XVIII, §16(1)(a), (1)(b)(l), (1)(b)(ll), 2)(b), (3), (4), (5){a){V), (S){c), and 6{c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art. XVIII,
§16(1){b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo. Canst. Art. XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions . See §12-43.4-202{3)(c), C.R.S.
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors . See §12-43.4-202(3){c)(l), C.R.S . Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
107
making with regard to substance use and abuse. Nearly all live testimony at the rulemaking hearing requested less
restrictive advertising rules, but written commentary included multiple perspectives . The written and oral testimony
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors. Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21 . After reviewing the rulemaking record, the Slate Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
restrictions on this voluntary standard used by the alcohol industry . This standard is consistent wtth the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same. These rules apply to
Advertising as defined in Rule R 1 03. Advertising includes marketing but not labeling. Advertising includes only those
promotions , positive statements or endorsements that are obtained in exchange for consideration . The State
Licensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertising restrictions for this emerging industry , and will in particular continue to mon~or and evaluate
advertising, marketing and signage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana.
R 1104 -Advertising: Television
A. Television Defined . As used in this rule, the term "television" means a system for transmitting visual images
and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet
programming. Television includes any video programming downloaded or streamed via the internet.
B. Television Advertis ing. A Retail Marijuana Establishment shall not utilize television Advertis ing unless the
Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the
program on which the Advertising is to air is reasonably expected to be under the age of 21.
Basis and Purpose-R 1105
The statutory authority for this rule is found at subsections 12-43 .4-202(2)(b) and 12-43.4-202(3){c)(l), C.R.S .
Authority also exists in the Colorado Constitution at Article XVIII Subsections 16(5)(a)(V) and (S)(a)(VIII). The
purpose of th is rule is to clarify the restrictions applicable to radio Advertising .
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constttution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21 . See for example Colo.
Canst. art XVIII, §16(1 )(a), (1 )(b)(l), (1 )(b)(ll), 2)(b), (3), (4), (5)(a)(V), (S)(c), and 6(c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol " in certain key respects . Colo . Canst. Art . XVIII,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21 .
Colo. Canst. Art . XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions. See §12-43.4-202(3)(c), C.R.S.
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors. See §12-43 .4·202(3)(c)(l), C.R.S. Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision·
making with regard to substance use and abuse. Nearly all live testimony at the rulemaking hearing requested less
108
restrictive advertising rules, but written commentary included multiple perspectives. The written and oral testimony
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors. Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21. After reviewing the rulemaking record, the State Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
restrictions on this voluntary standard used by the alcohol industry. This standard is consistent with the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same. These rules apply to
Advertising as defined In RuleR 103. Advertising Includes marketing but not labeling. Advertising includes only those
promotions, positive statements or endorsements that are obtained in exchange for consideration. The State
Licensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertising restrictions for this emerging industry, and will in particular continue to monitor and evaluate
advertising, marketing and slgnage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana .
R 1105 -Advertising: Radio
A. Radio Defined . As used in this rule, the term "radio" means a system for transmitting sound without visual
images, and includes broadcast, cable, on-demand, satellite, or internet programming. Radio includes any
audio programming downloaded or streamed via the internet.
B. Radio Advertising. A Retail Marijuana Establishment shall not engage in radio Advertising unless the Retail
Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the
program on which the Advertising is to air is reasonably expected to be under the age of 21 .
Basis and Purpose-R 1106
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a)(V) and (5)(a)(VIII). The
purpose of this rule is to clarify the restrictions applicable to Advertising in print media.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo.
Canst. art XVIII, §16(1}(a), (1)(b)(l), (1)(b)(ll), 2)(b), (3), (4), (S)(a}(V), (5)(c), and 6(c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art. XVIII.
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product. and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo . Canst. Art . XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions. See §12-43.4-202(3)(c), C.R.S .
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors. See §12-43.4-202(3)(c)(l), C.R.S. Through the rulemaklng process , the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
making with regard to substance use and abuse . Nearly all Jive testimony at the rulemaking hearing requested less
restrictive advertising rules , but written commentary included multiple perspectives. The written and oral testimony
109
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors . Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21 . After reviewing the rulemaking record, the State Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
restrictions on this voluntary standard used by the alcohol industry. This standard is consistent with the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same. These rules apply to
Advertising as defined in RuleR 103. Advertising includes marketing but not labeling . Advertising includes only those
promotions. positive statements or endorsements that are obtained in exchange for consideration. The State
Ucensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertising restrictions for this emerging industry, and will in particular continue to monitor and evaluate
advertising, marketing and signage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana.
R 1106 -Advertising: Print Media
A Retail Marijuana Establishment shall not engage in Advertising in a print publication unless the Retail
Marijuana Establishment has reliable evidence that no more than 30 percent of the publication's readership
is reasonably expected to be under the age of 21 .
Basis and Purpose-R 1107
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a)(V) and (5)(a)(VIII). The
purpose of this rule is to clarify the restrictions applicab le to Advertising on the internet.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16 . Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase , possession and consumption of Retail Marijuana by those under the age of 21 . See tor example Colo .
Canst. art XVIII , §16(1)(a}. (1)(b)(l), (1)(b)(ll), 2)(b), (3), (4), (5)(V), (S)(c), and 6(c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol " in certain key respects. Colo . Canst. Art . XVIII ,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo . Canst. Art. XVIII , §16{5)(a)M and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions . See §12-43.4-202(3)(c), C.R.S.
The Retail Code requires the State Ucensing Authority to promulgate rules on the subject of signage , marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors . See §12-43.4-202(3){c)(l). C.R.S . Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
making with regard to substance use and abuse. Nearly all live testimony at the rulemaking hearing requested less
restrictive advertising rules, but written commentary included multiple perspectives. The written and oral testimony
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors. Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21 . After reviewing the rulemaking record, the Slate Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
110
restrictions on this voluntary standard used by the alcohol industry . This standard is consistent with the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same. These rules apply to
Advertising as defined in RuleR 103. Advertising includes marketing but not labeling. Advertising includes only those
promotions, positive statements or endorsements that are obtained in exchange for consideration. The State
Licensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertising restrictions for this emerging industry, and will in particular continue to monitor and evaluate
advertising, marketing and signage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana.
R 1107 -Advertising: Internet
A Retail Marijuana Establishment shall not engage in Advertising via the internet unless the Retail Marijuana
Establishment has reliable evidence that no more than 30 percent of the audience for the internet web site is
reasonably expected to be under the age of 21. See also Rule R 1114 -Pop-Up Advertising.
Basis and Purpose - R 1108
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202{3)(c)(l), C.R.S .
Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VIII). The purpose of this rule
is to clarify the restrictions applicable to Advertising in a medium designed to target out-of-state residents .
The operation of Retail Marijuana Establishments in Colorado is permitted solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Colorado is one of the first two states to have authorized the
regulated growth and sale of Retail Marijuana, and it has done so in the context of a longstanding federal ban on
such activities. The State Licensing Authority finds that it is essential to regulate Retail Marijuana in the state of
Colorado in a manner that does not negatively impact the ability of other states or the federal government to enforce
their drug laws . The State Licensing Authority finds that the below restrictions on Advertising as defined in these
Retail Marijuana rules are critical to prevent the diversion of Retail Marijuana outside of the state . The State
Licensing Authority will continue to monitor and evaluate the best way to implement the state constitutional directive
to establish appropriate Advertising restrictions for this emerging industry.
R 1108-Advertising: Targeting Out-of-State Persons Prohibited.
A Retail Marijuana Establishment shall not engage in Advertising that specifically targets Persons located
outside the state of Colorado.
111
Basis and Purpose-R 1109
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b}, 12-43 .4-202(3}(c}(l}, and 12-43.4-
901(4)(b}, C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5}(a}(VIII). The
purpose of this rule is to clarify the Advertising restrictions applicable to safety claims that are by nature misleading,
deceptive, or false.
R 1109-Signage and Advertising: No Safety Claims Because Regulated by State Licensing Authority
No Retail Marijuana Establishment may engage in Advertising or utilize signage that asserts its products are
safe because they are regulated by the State Ucensing Authority.
Basis and Purpose-R 1110
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(c)(l), and 12-43.4-
901(4}(b), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VIII). The
purpose of this rule is to clarify the Advertising restrictions applicable to safety claims that are by nature misleading,
deceptive, or false.
R 1110-Signage and Advertising: No Safety Claims Because Tested by a Retail Marijuana Testing Facility
A Retail Marijuana Establishment may advertise that its products have been tested by a Retail Marijuana
Testing Facility, but shall not engage in Advertising or utilize signage that asserts its products are safe
because they are tested by a Retail Marijuana Testing Facility.
Basis and Purpose-R 1111
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5}(a)(V) and (5)(a)(VIII}. The
purpose of this rule is to clarify the restrictions applicable to outdoor Advertising and signage.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo .
Canst. art XVIII, §16(1)(a), (1 )(b)(l), (1 )(b)(ll), 2)(b}, (3}, (4), (5}(V}, (S)(c), and 6(c}. The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art . XVIII,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo. Canst. Art. XVIII, §16(5)(a)(V) and (VIII}. Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions . See §12-43 .4-202(3)(c), C.R.S.
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors. See §12-43.4-202(3)(c}(l), C.R.S. Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
112
making with regard to substance use and abuse. Nearly all five testimony at the rulemaking hearing requested less
restrictive advertising rules, but written commentary included multiple perspectives. The written and oral testimony
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors. Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21. After reviewing the rulemaking record, the State Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
restrictions on this voluntary standard used by the alcohol industry. This standard is consistent with the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same. These rules apply to
Advertising as defined in RuleR 103. Advertising includes marketing but not labeling . Advertising includes only those
promotions, positive statements or endorsements that are obtained in exchange for consideration. The State
Licensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertising restrictions for this emerging industry, and will in particular continue to monUor and evaluate
advertising, marketing and signage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana.
R 1111-Signage and Advertising: Outdoor Advertising
A. Local Ordinances. In addition to any requirements within these rules, a Retail Marijuana Establishment shall
comply with any applicable local ordinances regulating signs and Advertising.
B. Outdoor Advertising Generally Prohibited. Except as otherwise provided in this rule, it shall be unlawful for
any Retail Marijuana Establishment to engage in Advertising that is visible to members of the public from
any street, sidewalk, park or other public place, including Advertising utilizing any of the following media:
any billboard or other outdoor general Advertising device; any sign mounted on a vehicle, any hand-held or
other portable sign; or any handbill, leanet or flier directly handed to any person in a public place, left upon a
motor vehicle, or posted upon any public or private property without the consent of the property owner.
C. Exception. The prohibitions set forth in this rule shall not apply to any fixed sign that is located on the same
zone lot as a Retail Marijuana Establishment and that exists solely for the purpose of identifying the location
of the Retail Marijuana Establishment and otherwise complies with any applicable local ordinances.
Basis and Purpose-R 1112
The statutory authority for this rule is found at subsections 12-43.4-202{2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a){V) and (5)(a)(VIII). The
purpose of this rule is to prohibit signage and Advertising that has a high likelihood of reaching individuals under the
age of 21.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo.
Canst. art XVIII, §16(1)(a}, (1)(b}(l}, (1}(b)(ll}, 2)(b), (3), (4), (5)(V), (5}(c), and 6(c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art. XVIII,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
113
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo. Canst. Art. XVIII, §16(5)(a){V) and (VIII). Through the Retail Code adopted in 2013 , the Colorado General
Assembly provided further direction regarding mandated advertising restrictions. See §12-43.4-202(3)(c), C.R.S .
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage , marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors. See §12-43.4-202(3)(c)(l), C.R.S. Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
making with regard to substance use and abuse . Nearly all live testimony at the rulemaking hearing requested less
restrictive advertising rules, but written commentary included multiple perspectives. The written and oral testimony
and commentary included a variety of recommended standards for determining when advertising has a high
likelihood of reaching minors. Voluntary standards adopted by the alcohol industry direct the industry to refrain from
advertising where more than approximately 30 percent of the audience is reasonably expected to be under the age of
21 . After reviewing the rulemaking record , the State Licensing Authority has determined that in order to prevent
advertising that has a high likelihood of reaching minors, it is appropriate to model the Retail Marijuana Advertising
restrictions on this voluntary standard used by the alcohol industry. This standard is consistent with the directive in
the state constitution to regulate marijuana in a manner that is similar to alcohol, while also recognizing that the legal
status of the marijuana industry and the legal status of the liquor industry are not the same . These rules apply to
Advertising as defined in RuleR 103. Advertising includes marketing but not labeling. Advertising includes only those
promotions , positive statements or endorsements that are obtained in exchange for consideration. The State
Licensing Authority will continue to evaluate the best way to implement the state constitutional directive to establish
appropriate advertis ing restrictions for this emerging industry, and will in particular continue to monitor and evaluate
advertising , marketing and signage to protect the interests of those under the age of 21 and to prevent underage use
of marijuana.
R 1112-Signage and Advertising: No Content That Targets Minors
A Retail Marijuana Establishment shall not include in any form of Advertising or signage any content that
specifically targets individuals under the age of 21, including but not limited to cartoon characters or similar
images .
Basis and Purpose -R 1113
The statutory authority fo r this rule is found at subsections 12-43.4-202(2)(b} and 12-43.4-202(3)(c)(I)(F), C.R.S .
Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(V) and 16(5)(a)(VIII). The
purpose of this rule is to clarify the Advertising restrictions applicable to ma rketing directed toward location-based
devices.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII , Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo .
Canst. Art XVIII, §16(1)(a), (1)(b)(l), (1)(b){ll}, 2)(b), (3), (4), (5)(a)(V), (5)(c), and 6(c). The Colorado Constitution
calls for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art. XVIII,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21.
Colo . Cons!. Art . XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions . See §12-43.4-202(3)(c), C.R.S.
114
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors . Through the rulemaking process, the State Licensing Authority received extensive
comments reflecting the strong influence advertising has on minors' decision-making with regard to substance use
and abuse. Nearly all live testimony at the rulemaking hearing requested less restrictive advertising rules, but written
commentary included multiple perspectives. The State Licensing Authority finds that the restrictions contained in this
rule are necessary to prevent Advertising and signage that has a high likelihood of reaching minors. See §12-43.4-
202(3)(c), C.R.S . The language in this rule was taken from the list of discretionary rules articulated by the General
Assembly in House Bi1113-1317. See §12-43.4-202(3)(c)(1)(F), C.R.S. The State Licensing Authority will continue to
evaluate the best way to implement the state constitutional directive to establish appropriate advertising restrictions
for this emerging industry, and will in particular continue to monitor and evaluate advertising, marketing and signage
to protect the interests of those under the age of 21 and to prevent underage use of marijuana.
R 1113-Advertising: Advertising via Marketing Directed Toward Location-Based Devices
A Retail Marijuana Establishment shall not engage in Advertising via marketing directed towards location-
based devices, including but not limited to cellular phones, unless the marketing is a mobile device
application installed on the device by the owner of the device who is 21 year of age or older and includes a
permanent and easy opt-out feature.
Basis and Purpose-R 1114
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(I)(C}, C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(V) and (5)(a)(Vtll). The
purpose of this rule is to clarify the Advertising restrictions applicable to pop-up Advertising.
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21. See for example Colo.
Canst. art XVIII, §16(1)(a}, (1)(b)(l), (1)(b)(ll), 2)(b), (3), (4), (5)(a)(V), (5)(c), and 6(c). The Colorado Constitution calls
for the regulation of marijuana "In a manner similar to alcohol" in certain key respects. Colo. Const. Art. XVIII,
§16{1)(b}. The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21 .
Colo. Canst. Art. XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions. See §12-43.4·202(3)(c), C.R.S .
The Retail Code · requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limited to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors. See §12-43.4-202(3)(c)(l}, C.R.S . Through the rulemaking process, the State
Licensing Authority received extensive comments reflecting the strong influence advertising has on minors' decision-
making with regard to substance use and abuse. Nearly all live testimony at the rulemaking hearing requested less
restrictive advertising rules, but written commentary included multiple perspectives. The State Licensing Authority
finds that the restrictions contained in this rule are necessary to prevent Advertising and signage that has a high
likelihood of reaching minors. The language in this rule was taken from the list of discretionary rules articulated by
the General Assembly in House Bill13-1317 . See§12-43.4·202(3)(c)(1)(C}, C.R.S. The State Licensing Authority
will continue to evaluate the best way to implement the state constitutional directive to establish appropriate
advertising restrictions for this emerging industry, and will in particular continue to monitor and evaluate advertising,
115
marketing and signage to protect the interests of those under the age of 21 and to prevent underage use of
marijuana.
R 1114-Pop-Up Advertising
A Retail Marijuana Establishment shall not utilize unsolicited pop-up Advertising on the internet.
Basis and Purpose - R 1115
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b) and 12-43.4-202(3)(c)(l), C.R.S.
Authority also exists in the Colorado Constitution at Article XVIII , Subsection 16(5)(a}(VIII). The purpose of this rule
is to clarify the Advertising restrictions applicable to event sponsorship .
The operation of Retail Marijuana Establishments in Colorado is authorized solely within the narrow confines of the
Colorado Constitution, Article XVIII, Section 16. Article XVIII, Section 16 of the Colorado Constitution prohibits the
purchase, possession and consumption of Retail Marijuana by those under the age of 21 . See for example Colo.
Canst. art XVIII, §16(1)(a}, (1}(b)(l), (1){b)(ll}, 2)(b), (3), (4), (5)(a)(V), (5)(c}, and 6(c). The Colorado Constitution calls
for the regulation of marijuana "in a manner similar to alcohol" in certain key respects. Colo. Canst. Art. XVIII,
§16(1)(b). The constitutionally mandated regulatory scheme governing Retail Marijuana Establishments must include
rules establishing restrictions on the advertising and display of marijuana and marijuana product, and must include
requirements to prevent the sale or diversion of marijuana and marijuana product to persons under the age of 21 .
Colo. Cons!. Art. XVIII, §16(5)(a)(V) and (VIII). Through the Retail Code adopted in 2013, the Colorado General
Assembly provided further direction regarding mandated advertising restrictions. See §12-43 .4-202(3)(c), C.R.S .
The Retail Code requires the State Licensing Authority to promulgate rules on the subject of signage, marketing and
advertising restrictions that include but are not limHed to a prohibition on mass-market campaigns that have a high
likelihood of reaching minors . Through the rulemaking process, the State Licensing Authority received extensive
comments reflecting the strong influence advertising has on minors' decision-making with regard to substance use
and abuse. Nearly all live testimony at the rulemaking hearing requested less restrictive advertising rules, but written
commentary included multiple perspectives. This rule in particular received extensive commentary from the industry.
It has been modified and clarified in response to that commentary . The written and oral testimony and commentary
included a variety of recommended standards for determining when Advertising has a high likelihood of reaching
minors . After reviewing the rulemaking record , the State Licensing Authority has determined that it is appropriate to
utilize the current voluntary standard in the alcohol industry that Advertising that is likely to reach an audience
comprise of more than 30 percent individuals under the age of 21 should be prohibited, as such advertising has a
high likelihood of reaching minors . This standard is consistent with the directive in the state constitution to regulate
marijuana in a manner that is similar to alcohol, while also recognizing that the legal status of the marijuana industry
and the legal status of the liquor industry are not the same . These rules apply only to Advertising as defined in Rule
R 103. Advertising includes marketing but not labeling. Advertising includes only those promotions, positive
statements or endorsements that are obtained in exchange for consideration. The State Licensing Authority will
continue to evaluate the appropriate way to implement the state constitutional directive to establish appropriate
advertising restrictions for this emerging industry, and will in particular continue to monitor and evaluate Advertising
and signage to protect the interests of those under the age of 21 and to prevent underage use of marijuana.
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R 1115-Advertising: Event Sponsorship
A Retail Marijuana Establishment may sponsor a charitable, sports, or similar event, but a Retail Marijuana
Establishment shall not engage in Advertising at, or in connection with, such an event unless the Retail
Marijuana Establishment has reliable evidence that no more than 30 percent of the audience at the event
and/or viewing Advertising in connection wtth the event is reasonably expected to be under the age of 21.
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