Reg. 43.3- 901.

e Registration of a Primary Center

A Center licensed pursuant to section 12-43.3-402 C.R.S., shall not allow

a patient to register the Center as a Primary Center if the patient has
designated another Center as its Primary Center and any plants in
possession of the former Primary Center have not yet matured and been
cultivated and harvested.

1
70/30 Rule Proposal

(1) During the hours established in section 12-43.3-901 (4) (l), medical
marijuana manufactured by a medical marijuana center licensee with an optional
cultivation premises license may be:
(a) Distributed to medical marijuana center or marijuana infused product
manufacturers licensees. Only medical marijuana manufactured and packaged
on the optional cultivation premises by the licensee shall be distributed from the
licensed premise in labeled and tamper proof sealed packages in accordance
with Regulation 43- _______ “Distribution”;
(b) Sold at wholesale to medical marijuana center licensees. A medical
marijuana center may sell no more than thirty percent, per calendar year, of its
total cumulative on-hand medical marijuana inventory, as defined by Regulation
43.3-402 “Inventory” per calendar year to another medical marijuana center
licensee. A medical marijuana center licensee may purchase at wholesale an
amount up to thirty percent, per calendar year, of its total cumulative on-hand
medical marijuana inventory as defined by Regulation 43.3-402, “Inventory.”
(c) Distributed and/or sold at wholesale to marijuana infused product
manufacturer licensees utilizing an approved contract as provided by section 12-
43.3-402 (2) (b). For purposes of determining compliance with subsection (b)
herein, medical marijuana distributed or sold to a marijuana infused products
licensee by a medical marijuana center licensee shall not be included.
(d) Exchanged in equal weights measured by common weights and measures,
by and between, medical marijuana center licensees. For purposes of
determining compliance with subsection (b) herein, medical marijuana
exchanged by medical marijuana center licensees shall not be included.
(2) All medical marijuana distributed in accordance with paragraph (1) and shall
be accounted for in accordance with the Medical Marijuana Code and all
promulgated rules including, but not limited to, Regulation 43-_______
“Distribution” and Regulation 43-________ “Sale”. A medical marijuana center
licensee shall verify the license status of a medical marijuana center or marijuana
infused products licensee prior completing a transaction.
(3) Records maintained by the licensee in compliance with 12-43.3-701, C.R.S.,
shall include all records of purchases and exchanges of medical marijuana.
(4) Any medical marijuana purchased or received from a licensee pursuant to
this regulation must be medical marijuana which the licensee is authorized to
sell, exchange and/or possess as provided by the Colorado Medical Marijuana
Code.
(5) A medical marijuana center licensee shall notify the State Licensing Authority
within two business days of any catastrophic event which should require the
State Licensing Authority to consider a mitigation plan in relation to this
regulation.

2
 Statement of Authority, Basis, Purpose, and Fiscal Impact
of Proposed Regulation
1 CCR 212

Regulation 43.3-____. ____________________

Statutory Authority:
§12-43.3-201 and §12-43.3-202 (House Bill 10-1284) which became
effective on July 01, 2010

Basis and Purpose:

To comply with the requirements of House Bill 10-1284 which requires
the State Medical Marijuana Licensing Authority to promulgate rules
necessary for the proper regulation and control of the cultivation,
manufacture, distribution, and sale of medical marijuana and the
enforcement of Article 43.3 of Title 12, C.R.S. In addition, §12-43.3-
202(1)(b)(I) requires the state licensing authority to ensure the
regulation of the cultivation, manufacture, distribution and sale of
medical marijuana. Further, §12-43.3-202(2)(a)(VI) requires the state
licensing authority to establish rules prohibiting misrepresentation and
unfair practices, and §12-43.3-202(2)(a)(VII) requires the state
licensing authority to establish rules controlling informational and
product displays on licensed premises. During the period of August 27,
2010 through December 31, 2010, the Medical Marijuana Enforcement
Division consulted with interested parties from the medical marijuana
industry, the legal profession and local and state government to draft
the proposed rules and ensure adequate oversight and regulation of
the medical marijuana industry.

Fiscal Impact:
This revision has no fiscal impact.

3
Regulation 43.3 - __1___Medical Marijuana Center Sales

(A) Advertising Practices.

1. No Medical Marijuana Center licensee shall display upon or in
proximity to, or referring to the licensed premises, use, publish or
exhibit, or permit to be used, published, any sign, advertisement,
display, notice, symbol or other device which are inconsistent with the
local laws and regulations in which the licensee operates.
2. No Medical Marijuana Center licensee shall display upon or in
proximity to, or referring to the licensed premises, use, publish or
exhibit, or permit to be used, published, any sign, advertisement,
display, notice, symbol or other device which uses misleading,
deceptive, or false advertising. The use of misleading, deceptive,
and/or false advertising shall be grounds for administrative sanction by
the State Licensing Authority.
3. No Medical Marijuana Center licensee shall display upon or in
proximity to, or referring to the licensed premises, use, publish or
exhibit, or permit to be used, published, any sign, advertisement,
display, notice, symbol or other device which uses advertising that is
designed to appeal to minors. The use of advertising that is designed
to appeal to minors by a licensee shall be grounds for administrative
sanction by the State Licensing Authority.
(B) Identification and Labeling
1. No Medical Marijuana Center licensee shall sell, offer, expose for
sale, or distribute any medical marijuana unless such medical
marijuana is labeled so as to clearly indicate a list of all chemical
additives, including but not limited to non-organic pesticides,
herbicides, and fertilizers that were used in the cultivation and
production of the medical marijuana.
2. No Medical Marijuana Center licensee shall sell, offer, expose for
sale, or distribute any medical marijuana infused products unless such
medical marijuana infused products are labeled so as to clearly
indicate (i) that the product contains medical marijuana (ii) that the
product is manufactured without any regulatory oversight for health,
safety, or efficacy; and (iii) that there may be health risks associated
with the consumption or use of the product.
(C) Patient Sales
1. No Medical Marijuana Center licensee shall sell, offer, expose for
sale, or distribute any medical marijuana to a Colorado medical
marijuana registered patient, unless prior to initiating the sale on the
licensed premises, the licensee verifies that the purchaser has a valid
registration card pursuant to section 25-1.5-106, C.R.S., and a valid
picture identification that matches the name on the registration card.
2. If a licensee or a licensee’s employee has reasonable cause to
believe that a person is exhibiting a fraudulent patient registry

4
identification card in an attempt to obtain medical marijuana, the
licensee or employee shall be authorized to confiscate the fraudulent
patient registry identification card, if possible, and shall within seventy-
two hours turn it over to the State Health Department.
3. All medical marijuana sold, offered, or otherwise distributed by
licensees to Colorado medical marijuana registered patients shall be
weighed, logged, and recorded. Books and records necessary to show
fully the business transactions of the licensee shall be retained for a
period of the current tax year and three immediately prior tax years.
4. All medical marijuana sold, offered, exposed for sale or otherwise
distributed by licensees to Colorado medical marijuana registered
patients shall be only such medical marijuana cultivated,
manufactured, or otherwise lawfully acquired as set forth by the
Colorado Medical Marijuana Code.
(D) Wholesale Sales
1. No Medical Marijuana Center licensee shall sell, offer, expose for
sale, or distribute for wholesale any medical marijuana, unless prior to
initiating the sale on a licensed premises, the licensee verifies that the
wholesale purchaser is a licensee in good standing with the State
Licensing Authority.
2. If a licensee or a licensee’s employee has reasonable cause to
believe that the wholesale purchaser is exhibiting fraudulent
documentation in order to purchase medical marijuana, the licensee or
employee shall be authorized to confiscate the fraudulent
documentation, if possible, and shall within seventy-two hours notify
the State Licensing Authority and/or local law enforcement.
3. All medical marijuana sold, offered, or otherwise distributed for
wholesale by and between licensees shall be weighed, logged, and
recorded. Books and records necessary to show fully the business
transactions of the licensee shall be retained for a period of the current
tax year and three immediately prior tax years.
4. All licensees purchasing or otherwise lawfully acquiring medical
marijuana for retail sale shall promptly weigh, log and record the
medical marijuana as provided by Regulation 43.3-402 Inventory; and
pay any and all tax due on such products pursuant to 12-43.3-401(2)
C.R.S.
5. All medical marijuana sold, offered, exposed for sale or otherwise
distributed by and between licensees shall be only such medical
marijuana cultivated, manufactured, or otherwise lawfully acquired as
set forth by the Colorado Medical Marijuana Code.

5
 Statement of Authority, Basis, Purpose, and Fiscal Impact
of Proposed Regulation
1 CCR 212

Regulation 43.3-____. ____________________

Statutory Authority:
§12-43.3-201 and §12-43.3-202 (House Bill 10-1284) which became
effective on July 01, 2010

Basis and Purpose:

To comply with the requirements of House Bill 10-1284 which requires
the State Medical Marijuana Licensing Authority to promulgate rules
necessary for the proper regulation and control of the cultivation,
manufacture, distribution, and sale of medical marijuana and the
enforcement of Article 43.3 of Title 12, C.R.S. In addition, §12-43.3-
202(1)(b)(I) requires the state licensing authority to ensure the
regulation of the cultivation, manufacture, distribution and sale of
medical marijuana. During the period of August 27, 2010 through
December 31, 2010,
the Medical Marijuana Enforcement Division consulted with interested
parties from the medical marijuana industry, the legal profession and
local and state government to draft the proposed rules and ensure
adequate oversight and regulation of the medical marijuana industry.

Fiscal Impact:
This revision has no fiscal impact.

6
Regulation 43.3 – 402 Inventory

(1) “Inventory”, shall be measured by common weights and measures and

consist of both plant count within a licensees Optional Premises Cultivation
Premises which shall not exceed 6 plants per primary center patient; and the
total processed weight of all processed cannabis, such as but not limited to,
flowers, kief, leaf, shake, MARIJUANA CLONES PLACED IN A GROWING
MEDIUM, and processed concentrates and oils not subject to §12-43.3-104 (9)
located on the licensed premises of a medical marijuana center, not to exceed
two ounces per primary center patient.

(2) Notwithstanding the requirements of subsection (1) of this section to the

contrary, a licensee may, in the case of a patient authorized to possess more
than 6 plants and two ounces, possess such additional medical marijuana as
provided by §12-43.3-901(4)(e).

3) INVENTORY DETERMINATION:

(a) All plants of the genus cannabis, INCLUDING MARIJUANA CLONES

PLACED IN A GROWING MEDIUM, in possession of a licensee while at an
optional premises cultivation facility shall be considered plant inventory.

(b) Propagation includes but is not limited to the reproduction of cannabis plants
by seeds, cuttings or grafting in a designated limited access area ONLY of an
optional premises cultivation facility that is monitored by one or more surveillance
cameras as required by rule. The propagation space shall be clearly identified by
signage designated by the state licensing authority and all marijuana located in
the propagation space shall be accounted for. Propagation shall only be allowed
upon an OPCL licensed premises.

(c) Vegetation is the sporophytic state of the cannabis plant which is a form of
asexual reproduction in plants during which plants do not produce resin or
flowers and are bulking up to a desired production size for flowering in a
designated limited access area monitored by one or more surveillance cameras
as provided in rule. The vegetation space shall be clearly identified by signage
designated by the state licensing authority and all marijuana located in the
vegetation space within a limited access area of an optional premises cultivation
facility shall be accounted for. Vegetation may only occur within a limited access
area upon the licensed premises of an optional premises cultivation facility.

(d) Flowering is the gametophytic or reproductive state of cannabis in which the

plant is in a designated flowering space that is a limited access area monitored
by one or more surveillance cameras within an optional premises cultivation
facility with a light cycle intended to produce flowers, trichromes and
cannabinoids characteristic of medical marijuana. The flowering space shall be
clearly identified by signage designated by the state licensing authority and all

7
marijuana shall be accounted for. Flowering plants may only be possession
within a limited access area of a licensed optional premises cultivation facility.

(e) Throughout the propagation and vegetation phases, an optional premises

cultivation licensee shall tag and maintain a true and accurate accounting of all
non-flowering cannabis plants including those destroyed or transferred to the
MMC for sale. All accounting reports shall be made available to the state
licensing authority, or other local authority, on demand.

(4) Once harvested, tagged medical marijuana plants shall be combined in

batches for tracking through the entire manufacturing process with the tags for
each medical marijuana plant accompanying each batch at each stage of
manufacture. Each batch will be identified by listing the identifying markers from
the individual plants from the designated flowering area and a data collection
point will occur in which the batch will be weighed, duly recorded and clearly
identified within sight of a video camera and the “wet” weight of buds, stems and
leaf duly recorded as unprocessed product, wholesale byproduct, and waste. The
identifying markers associated with each batch shall be prominently displayed on
drying racks or wires and curing containers throughout the manufacturing
process.

(5) “Processed” as used in this rule shall mean the final dried, finished and
useable marijuana product having been sifted and sorted to remove plant waste
stems, and/or seeds and other byproducts to be prepared for final packaging and
transport to the licensed center as permitted in law.

(6) Prior to packaging, the processed medical marijuana plants shall be weighed
before transfer to the MMC or MIPs, and the weight of unfinished product,
wholesale byproduct and waste as a data collection point recorded. Processed
marijuana shall be immediately packaged, sealed, weighed and stored in an
approved secure transportation container for transport to the licensed premises
of the MMC. Medical marijuana packaging shall be in sealed
containers/packaging with tamper-proof bands. (tagged, bar coded, RFID
options)

(7) All medical marijuana shall be weighed in a limited access area of an optional
premises cultivation facility monitored by one or more cameras before and after
packaging to determine product weight and total package weight and tagged with
both weights before being transported to the MMC.

(8)(a)For inventory purposes, all inventory processed and stored in an approved

secure transportation container shall be accounted for as inventory of the MMC.

(9) Processed medical marijuana plants shall be packaged in units of one pound
or less and tagged with the total weight of the packaged product and securely

8
sealed in a tamper-proof manner. The packages will be transported to the MMC
within ____ hours/days and recorded as inventory at the receiving MMC.

(10) Packaged medical marijuana shall be weighed, logged out, and transported
directly from the optional premises cultivation facility to the medical marijuana
center’s licensed premises in a secure fashion and out of plain sight.

(11) Transport will be made by an individual licensed by the state licensing

authority and as authorized pursuant to Reg 43.3-______________.

(12) On arrival at the licensed center, all packages containing medical marijuana
shall immediately be re-weighed in a limited access area of the MMC and
monitored by one or more cameras and logged in to the licensed Center’s
inventory. (tags, bar codes, RFID?)

(13) If medical marijuana product is intended for wholesale distribution to

another licensed medical marijuana Center licensed premises, it shall be
weighed in a limited access area of the center and monitored by one or more
cameras as provided in rule and logged out of the originating center for pickup
and transport to the receiving licensed center or infused products manufacturer
as authorized by law.

Second Version

11/16/10

Regulation 43.3 – 402 Inventory

(1) “Inventory”, shall be measured by common weights and measures and

consist of both: a) plant count within a licencee’s OPC and MMC which shall not
exceed 6 plants per patient designated to the MMC including marijuana clones
placed in a growing medium; and b) the total weight of all packaged cannabis
such as but not limited to flowers, kief, leaf, shake, concentrates and oils
not subject to §12-43.3-104 (9) located on the licensed premises of a medical
marijuana center, not to exceed two ounces per primary center patient.

(2) Notwithstanding the requirements of subsection (1) of this section to the

contrary, a licensee may, in the case of a patient authorized to possess more
than 6 plants and two ounces, possess such additional medical marijuana as
provided by §12-43.3-901(4)(e).

3) INVENTORY DETERMINATION:

(a) All plants of the genus cannabis, INCLUDING MARIJUANA CLONES

PLACED IN A GROWING MEDIUM, in possession of a licensee while at an
optional premises cultivation facility shall be considered plant inventory.

9
(b) Propagation includes but is not limited to the reproduction of cannabis plants
by seeds, cuttings or grafting in a designated limited access area ONLY of an
optional premises cultivation facility that is monitored by one or more surveillance
cameras as required by rule. The propagation space shall be clearly identified by
signage designated by the state licensing authority and all marijuana located in
the propagation space shall be accounted for. Propagation shall only be allowed
upon an OPCL licensed premises.

(c) Vegetation is the sporophytic state of the cannabis plant which is a form of
asexual reproduction in plants during which plants do not produce resin or
flowers and are bulking up to a desired production size for flowering in a
designated limited access area monitored by one or more surveillance cameras
as provided in rule. The vegetation space shall be clearly identified by signage
designated by the state licensing authority and all marijuana located in the
vegetation space within a limited access area of an optional premises cultivation
facility shall be accounted for. Vegetation may only occur within a limited access
area upon the licensed premises of an optional premises cultivation facility.

(d) Flowering is the gametophytic or reproductive state of cannabis in which the

plant is in a designated flowering space that is a limited access area monitored
by one or more surveillance cameras within an optional premises cultivation
facility with a light cycle intended to produce flowers, trichromes and
cannabinoids characteristic of medical marijuana. The flowering space shall be
clearly identified by signage designated by the state licensing authority and all
marijuana shall be accounted for. Flowering plants may only be possession
within a limited access area of a licensed optional premises cultivation facility.

(e) Throughout the propagation and vegetation phases, an optional premises

cultivation licensee shall tag and maintain a true and accurate accounting of all
non-flowering cannabis plants including those destroyed or transferred to the
MMC for sale. All accounting reports shall be made available to the state
licensing authority, or other local authority, on demand.

(4) Once harvested, tagged medical marijuana plants shall be combined in

batches for tracking through the entire manufacturing process with the tags for
each medical marijuana plant accompanying each batch at each stage of
manufacture. Each batch will be identified by listing the identifying markers from
the individual plants from the designated flowering area and a data collection
point will occur in which the batch will be weighed, duly recorded and clearly
identified within sight of a video camera and the “wet” weight of buds, stems and
leaf duly recorded as unprocessed product, wholesale byproduct, and waste. The
identifying markers associated with each batch shall be prominently displayed on
drying racks or wires and curing containers throughout the manufacturing
process.

10
(5) “Processed” as used in this rule shall mean the final dried, finished and
useable marijuana product having been sifted and sorted to remove plant waste
stems, and/or seeds and other byproducts to be prepared for final packaging and
transport to the licensed center as permitted in law.

(6) Prior to packaging, the processed medical marijuana plants shall be weighed
before transfer to the MMC or MIPs, and the weight of unfinished product,
wholesale byproduct and waste as a data collection point recorded. Processed
marijuana shall be immediately packaged, sealed, weighed and stored in an
approved secure transportation container for transport to the licensed premises
of the MMC. Medical marijuana packaging shall be in sealed
containers/packaging with tamper-proof bands. (tagged, bar coded, RFID
options)

(7) All medical marijuana shall be weighed in a limited access area of an optional
premises cultivation facility monitored by one or more cameras before and after
packaging to determine product weight and total package weight and tagged with
both weights before being transported to the MMC.

(8)(a)For inventory purposes, all inventory packaged and stored in an approved

secure transportation container shall be accounted for as inventory of the MMC.

(9) Processed medical marijuana plants shall be packaged in units of one pound
or less and tagged with the total weight of the packaged product and securely
sealed in a tamper-proof manner. The packages will be transported to the MMC
within 48 hours/days and recorded as inventory at the receiving MMC.

(10) Packaged medical marijuana shall be weighed, logged out, and transported
directly from the optional premises cultivation facility to the medical marijuana
center’s licensed premises in a secure fashion and out of plain sight.

(11) Transport will be made by an individual licensed by the state licensing

authority and as authorized pursuant to Reg 43.3-______________.

(12) On arrival at the licensed center, all packages containing medical marijuana
shall immediately be re-weighed in a limited access area of the MMC and
monitored by one or more cameras and logged in to the licensed Center’s on
hand inventory. (tags, bar codes, RFID?)

(13) If medical marijuana product is intended for wholesale distribution to

another licensed medical marijuana Center licensed premises, it shall be
weighed in a limited access area of the center and monitored by one or more
cameras as provided in rule and logged out of the originating center for pickup
and transport to the receiving licensed center or infused products manufacturer
as authorized by law.

11
Regulation 43.3-904. Product Labeling, Substitution, Sampling and
Analysis.
A. No licensee, for the sale of medical marijuana shall sell, transfer or give away
any medical marijuana that does not contain a label with a list of all chemical
additives, including but not limited to nonorganic pesticides, herbicides, and
fertilizers that were used in its cultivation and production.
B. In addition, all labels shall include: (1) the license number of the optional
premises cultivation licensee, the medical marijuana center if medical marijuana
was obtained from a center not licensed the same as the optional premises
cultivation facility, or if being sold by a different licensed medical marijuana
center, that Center’s license number; (2) the date of sale; (3); and (4) the patient
registry number of the purchaser. All “edibles” shall also contain the following
statement:

“This product is infused with 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.”
C. All licensees for the sale of medical marijuana shall, upon request of the
MMED or any of its officers, make available to the person so requesting a
sufficient quantity of such medical marijuana to enable laboratory or chemical
analysis thereof. The licensee shall be notified of the results of the analysis
without delay.

D. The Director of the Medical Marijuana Enforcement Division may contract with
a laboratory to conduct independent testing of Medical Marijuana products.
Testing may be conducted for determining if samples of medical marijuana
contain molds, pesticides or other substances that may be present. To ensure
integrity such testing shall be conducted by a laboratory that does not process
samples for any licensee.

12
MEDICAL MARIJUANA-INFUSED PRODUCTS LABELING.

43.3-xxx Label Requirements.

A. All medical marijuana-infused products which are sold, offered for sale
or exposed for sale, or transported within the State of Colorado for sale shall
bear thereon or have attached thereto in a conspicuous place a plainly written or
printed label or tag in the English language, giving the following information,
which statement shall not be modified or denied in the labeling or on another
label attached to the product:

1. an identity statement;
2. a net weight statement;
3. a list of ingredients;
4. expiration date information;
5. batch tracking information;
6. basic medical and/or legal warning information; and
7. statement of the company name and state licensing authority
registration number, together with the company’s telephone number or
mailing address or website information;

B. The minimum print size for each of the four required statements is 1/16
inch. The size of the characters in the net weight statement is determined by the
area of the principal display panel (see items 6 and 7 under Net Weight or Net
Contents) and may be greater than 1/16 inch.

C. The product identity and net weight statements must appear on the
portion of the label displayed to the consumer.

D. 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.

D. The list of ingredients and company name statements must be

conspicuously listed on the medical marijuana-infused product package.

E. A nutrition facts panel may be required if nutritional claims are made

on the label.

43.3-xxx Identity Statement – Defined.

Identity is the common name of the medical marijuana-infused product, or an

appropriate descriptive term. A fanciful name commonly used by the public is
acceptable when the nature of the medical marijuana-infused product is obvious.
Any name may be used as long as it is qualified by a descriptive name of what
the product actually is. Brand names, trademarks, or product identities that are

13
misleading will not be allowed (e.g. organic medical marijuana-infused product,
when the product is not organic).

43.3-xxx Net Weight or Net Contents Statement - Defined.

A. The net contents are listed in either ounces, pounds, fluid ounces,
pints and/or quarts depending on the consistency of the product and common
practice.

B. The net weight statement shall have the words Net Weight, or Net Wt.
for medical marijuana products sold by weight. The terms Fl. oz., or Net_fl. Oz.
or Net Contents_fl. oz. shall be used for medical marijuana-infused products sold
by fluid measure.

C. It is highly recommended that a metric equivalent be included as a

parenthetical statement in the net weight statement (e.g. Net Wt. 1lb. (454 g.) or
1 pt. (473 ml) or net 1 fl. oz. (29.5 ml)).

D. Medical weight information shall be listed, including basic calculation of

medical weight of medical marijuana and what type of infusion it is contained
within, i.e., product is made with .5 grams of medical marijuana in an infusion of
glycerin, product is made with .3 grams medical marijuana in an infusion of has
made exclusively with cannabis flowers, product is made with 1.1 grams medical
marijuana in an infusion of butter made with whole plant material, etc.

E. The net weight statement must be parallel to the base of the package
and shall be in the lower 30% of the label.

F. An empty space void of printing must be maintained between any

printed matter appearing above, below, to the left, or the right of the net weight
statement. The empty space above and below the net weight statement shall be
equal to the height of the characters in the net weight statement. The empty
space to the left and the right of the net weight statement shall be equal to twice
the width of the letter “N” used in the style of printing in the net weight statement.

G. The size of the characters in the net weight statement is determined by

the area of the surface or side of the food package on which the label is
displayed. This surface or side is called “the area of the principal display panel.”
The following information should b e used to determine the area of the principal
display panel:

1. For rectangular packages, multiply the length of the package by

the width of the package.
2. For cylindrical or nearly cylindrical containers, multiply 40% of
the height of the container by the circumference of the container.

14
 3. Determine 40% of the surface area for containers with an
otherwise different shape.

H. All numbers and letters (including the “e” in net) shall have the
minimum heights indicated by the table below:

Label area of the package surface Size of net wt. Characters

5 square inches or less 1/16” min. height

More than 5 square inches but not

more than 25 square inches 1/8” min. height

More than 25 square inches but not

more than 100 square inches 3/16” min. height

Greater than 100 square inches ¼” min. height

43.3-xxx List of Ingredients – Defined.

A. Medical marijuana ingredients including medical marijuana extracts

and/or infusions and any other ingredient contained in the medical marijuana-
infused product shall be listed in decreasing order of volume from most to least.
The ingredient present in the greatest quantity is listed first and the least is listed
last.

B. All of the medical marijuana ingredients must be listed by their

common or usual name. Other ingredients must be identified by their common
name or usual name.

C. Major allergens, including but not limited to milk, eggs, fish crustacean
shellfish, tree nuts, wheat, peanuts, and soybeans must be declared in one of
two ways:
1. Label with statement “Contains [allergen source]” immediately
after or adjacent to the list of ingredients in a type size no smaller than the
type size used in the list of ingredients (e.g. “Contains peanuts”); or
2. Include the allergen source name in parentheses in the list of
ingredients immediately after the ingredient (e.g. “Casein (Milk).”

D. All manufacturers of medical marijuana-infused products shall maintain

detailed and accurate records of all ingredients and components used in the
production of medical marijuana-infused products.

43.3-xxx Expiration Date Information.

A. Definitions:

15
 1. As used in these rules, unless the context otherwise requires:

a. Perishable product means any medical marijuana-infused

product having a significant risk of spoilage, loss of medicinal value, loss
of palatability, or loss of viscosity within 60 days of the date of packaging.
b. Semi-perishable product means any medical marijuana-infused
product for which a significant risk of spoilage, loss of medicinal value,
loss of palatability, or loss of viscosity occurs only after a minimum of 60
days, but within 6 months, after the date of packaging.
c. Long shelf-life product means any medical marijuana-infused
product for which a significant risk of spoilage, loss of medicinal value,
loss of palatability, or loss of viscosity does not occur sooner than 6
months after the date of packaging including, but not limited to, medical
marijuana-infused products preserved by freezing, dehydrating, being
placed in a hermetically sealed container, or incorporated into a topical
preparation.
d. “Sell by” date means a recommended last date of sale that
permits a subsequent period before deterioration of qualities described by
perishable product, semi-perishable product and long shelf-life product
described above. A “sell by” date refers to best quality and is not a safety
date.
e. Prepackaged means packaged prior to being displayed or
offered for sale.

B. Sale of medical marijuana-infused product and date

determination.

1. A medical marijuana-infused product shall not be sold or offered for

sale unless it is identified with a “sell by” date as defined hereunder.

2. Medical marijuana-infused products shall not be offered for sale after

the “sell by” date unless it is wholesome and advertised in a conspicuous manner
as being offered for sale after the recommended last date of sale. The
placement of a sign, sticker, or tag by the retailer or final seller on the product is
acceptable for such advertising if it is easily readable and clearly identifies the
medical marijuana-infused product offered for sale after the recommended last
date of sale.

3. A manufacturer, processor, packer, repacker, retailer, or other person

who prepackages medical marijuana-infused products shall determine a date that
allows a reasonable period after sale for use or consumption of the medical
marijuana-infused product without physical spoilage, loss of value, loss of
palatability, or loss of viscosity. A reasonable period for use or consumption shall
consist of at least one third of the approximate total shelf life of the perishable
food.

16
 a. In determining the “sell by” date, a manufacturer, processor,
packer, repacker, retailer, or other person shall take into consideration the
medical marijuana quality, characteristics, formulation, processing impact,
packaging or container and other wrapping or coating, customary
transportation, and storage and display conditions. For purposes of
calculating this date, home storage conditions shall be considered to be
similar to those in the usual retail store except that the date for refrigerated
medical marijuana-infused products may be calculated by using a home
storage temperature standard of 40°F (4.4°C).

4. A retailer who purchases prepackaged medical marijuana-infused

product(s) may upon written agreement with the person prepackaging such
product determine, identify, and be responsible for the “sell by” date placed on or
attached to each package of such product.

5. The “sell by” date shall be displayed with the term “sell by” or words of
similar import immediately preceding or immediately over the designated date
unless a prominent notice is on the label describing the date as a “sell by” date
and indicating the location of the date.

6. The “sell by” date shall be designated by:

a. the first three letters of the month, preceded or followed by a

numeral indicating the calendar day, and the year expressed as a two or
four digit number; or
b. the month represented numerically followed by a numeral
designation of the calendar day, and the year expressed as a two or four
digit number

7. A manufacturer, processor, packer, repacker, retailer, or other person

responsible for establishing the “sell by” date for medical marijuana-infused
products shall keep a record of the method used for the determination of that
date. A record revision is necessary whenever a factor affecting date
determination is altered. Such record shall be retained for not less than six (6)
months after the most recent “sell by” date and be available for examination upon
request by the state licensing authority.

43.3-xxx Batch tracking information.

Standards not yet developed.

43.3-xxx Basic medical and/or legal warning information.

At a minimum, the label of any medical marijuana-infused product shall inform

patients that the product may affect each individual differently, and that the

17
patient should consult their caregiver or physician if they have any questions or
for additional information.

43.3-xxx Statement of Company Identification and Contact Information.

A. The name and state licensing authority registration number of the

manufacturer, packer or distributor of the medical marijuana-infused product
must be listed on the product’s label.

B. The manufacturer, packer or distributor of the medical marijuana-

infused product can decide whether to list either it’s phone number, mailing
address or website information on the label, but must list at least one of these
three designated contact sources on the product’s label.

C. If the firm listed on the label does not manufacture the medical
marijuana-infused product, then the relation between the firm and the product
must be declared with a term such as “Distributed by” or “Packed by” or
“Manufactured for.”

43.3-xxx Patient information.

Patient confidentiality shall be preserved. Accordingly, the Medical Marijuana

Registry number provided on the patient registration card shall be used on the
product label or the product information sheet to identify the patient to whom a
product is sold, rather than the patient’s name.

43.3-xxx Claims made in labeling must be able to be verified.

A. Any labeling statements or claims must be capable of verification using

acceptable test procedures and analytical techniques, i.e. if a medical marijuana-
infused products manufacturer claims a product is a certain quantity of “X,” the
manufacturer must be able to show a comparable amount of multiplied medicine
to support the claim. Example: a patient buying a 2X item with 3 grams of extract
would expect to find 6 grams of extract in a 4X same item from the same
manufacturer.

1. If a medical marijuana-infused products manufacturer includes a

claim from a forensic science laboratory or another testing facility on the
label of their product(s), the manufacturer must also include conspicuously
on the label a disclaimer indicating that potency testing is not 100%
accurate; and
2. the medical marijuana-infused products manufacturer who
includes a claim from a forensic science laboratory or another testing
facility on the label of their product(s) must also include the date(s) on
which such tests have been performed.

18
43.3-xxx Laboratory analysis.

The amount of material to test shall be that required to carry out the specific
test(s) needed without specifying a particular volume or weight.

43.3-xxx Special considerations.

A. Preparation of hashish. Because extraction of cannabis oil using

volatile liquids such as butane or hexane are dangerous, this type of activity shall
be confined to only those medical marijuana-infused products manufacturers who
have met all standards set forth under the medical marijuana laws and these
rules concerning ventilation and extraction hoods. No butane or other
combustible residual media remain in the product. All materials used in the
extraction of oils by volatile liquids shall be laboratory quality metal and/or glass.
Plastic pipe such as PVC shall be prohibited for use in extracting oils with volatile
liquids.

B. Preparation of “bubble hash.” Only food-grade equipment shall be

used in the production of hashish using ice or water extraction. Appropriate
standards of cleanliness [food handling?] shall apply to areas of optional
premises cultivation operations or medical marijuana centers used for production
of such concentrates, and proper procedures for the cleaning of equipment used
in their preparation shall be followed.

19
43.3-xxx Organic Program.

A. Organic – Defined.

1. As used in these rules, unless the context otherwise requires, crops

may be described or designated as “organic” if all growing media, including soil
and hydroponic solutions, as well as all pesticides, herbicides and additives
including fertilizers used in or on a crop of cannabis plants intended for human
use have been designated as “organic” by an organization such as the Organic
Materials Review Institute (OMRI) or another recognized certification body, or
have been labeled “certified organic” according to United States Department of
Agriculture (USDA) standards.

2. Third-party certification by recognized authorities may also be

obtained at the discretion of the optional premises cultivation operation or
medical marijuana center.

B. Organic – Records to be kept.

1. Records of all growth media and additives used on a particular medical

marijuana crop being labeled as “organic” must be maintained for inspection, and
must include, but is not limited to:

a. identifying information on soils, solutions and additives;

b. a listing of any herbicides or pesticides used; and
c. batch number(s) for the medical marijuana crop produced.

43.3-xxx Soil Fertility and Crop Nutrition.

A. Fertilizers, growth media or hydroponic solutions.

1. This rule applies to cultivation of all medical marijuana crops whether

designated as organic, non-organic or without designation of organic or non-
organic.

2. All nutrients and additives shall be applied in accordance with the

Materials Safety Data Sheet published by the manufacturer. It is recommended
that if protective clothing or equipment is required for application, such items be
provided by the licensee to any and all persons applying such nutrients and/or
additives.

3. The use of hydroponic solutions known to contain heavy metal

contaminants that are above known safe limits shall be prohibited.

B. Records to be kept.

20
 1. Optional premises cultivation operations shall maintain accurate
records of all fertilizers, growth media or hydroponic solutions used in the
production of medical marijuana crops, including but not limited to:

a. unique identifiers for each product used;

b. batch or crop identifying number(s); and
c. to whom the medical marijuana product was dispensed or sold.

43.3-xxx Pest, weed, and disease management.

A. Prevention of contamination of medical marijuana crops by insects,

fungi or other pests shall be the primary means of pest control. If a crop
becomes infested with an insect or other biological pest, such as fungus or mold,
appropriate treatment of the infestation should be undertaken to prevent infested
medical marijuana from reaching a patient. Such treatment may include the
following pesticides and herbicides deemed safe by the United States
Environmental Protection Agency for use on crops intended for human
consumption:

(Insert list).

B. Medical marijuana crops evidencing mold, powdery mildew or other

fungal infestations may be treated with accepted herbicides that are listed in
subsection (A) above before plants enter the flowering stage. Plants evidencing
obvious infestation with fungi, molds or powdery mildew during flowering shall be
removed from the growing environment and destroyed. The growing
environment, including appliances, pots, tools and other items used in cultivation,
shall be thoroughly cleaned according to standard horticultural practice (if there is
an authority which sets a minimum standard to be followed, it should be cited
here).

1. If the licensee can establish convincing evidence that certain extraction

methods will remove all spores or other products of powdery mildew
infestation, infested crops might be useable for extraction and refinement
into topically applied medical marijuana products, but shall not be allowed
to be sold as smokeable, inhaled or ingested infused products.

C. The following pesticides and herbicides which have been banned by

the United States Environmental Protection Agency and other federal and state
agriculture authorities shall not be used in the cultivation of marijuana for medical
purposes:

(insert list).

21
 D. The following pesticides and herbicides which are restricted for use by
the United States Environmental Protection Agency and other federal and state
agriculture authorities shall be used only in compliance with such restriction:

(insert list).

E. Treatment of any infestation shall avoid the use of any banned control
products, while all other products, including restricted products, may be used
only according to safe-use guidelines in the Materials Safety Data Sheet
published by the manufacturer.

F. Biological pest control methods shall be allowed in accordance with

accepted integrated pest management protocols (if there is an authority which
sets a minimum standard to be followed, it should be cited here).

G. Thorough cleaning of the growing environment and all equipment shall

be undertaken between crops pursuant to standard horticultural practice (if there
is an authority which sets a minimum standard to be followed, it should be cited
here).

43.3-xxx Inspection and Testing of Crops to Ensure Compliance.

A. Spot samples may be obtained by inspectors for the state licensing

authority to be used for laboratory analysis to ensure compliance with regulations
governing the safe use of pesticides, herbicides and fertility and nutritional
additives.

1. Visual examination for the presence of mold or mildew may be

undertaken by inspectors for the state licensing authority. If contamination
is found, the crop or product may be seized and destroyed.

43.3-xxx Noncompliance.

A. Violation of rules set forth in this chapter can result in disciplinary

action.

B. Violation of rules prohibiting infested plant material from being made

available to patients shall result in disciplinary action, including but not limited to
monetary fines, closure of any optional premises cultivation operation or medical
marijuana center for defined period of time, or other sanctions as may be
appropriate.

43.3-xxx Waste Disposal.

A. Hydroponic solutions.

22
Hydroponic solutions used in the cultivation of medical marijuana shall be
disposed of in accordance with Materials Safety Data Sheets published by the
manufacturer of hydroponic solutions and in compliance with local water district
regulations.

B. Soils.

Used or depleted soils shall be disposed of in accordance with standard

horticultural practices (if there is an authority which sets a minimum standard to
be followed, it should be cited here). It is recommended that appropriate
protective clothing or other equipment including face masks or respiratory
protective gear be provided by the licensee to any persons conducting disposal
of used or depleted soils, to prevent inhalation of or contact with potential
pathogens that might be present in the soils.

Soils may be disposed of by composting or other standard or conventional waste

disposal procedures, or may be reutilized after appropriate treatment.

C. Plant residue.

CDPHE is formulating procedures for disposal and handling of plant residue.

D. Records to be kept.

Records on the method of disposal, date or dates of disposal, location of the

disposal sites, and the types and amounts of waste disposed of shall be retained
for three (3) years. With regard to the disposal of containers accumulated during
disposal, the state licensing authority will consider satisfactory a statement,
attested to by the licensee, describing in general terms the method and location
of disposal, e.g., all containers are taken periodically to a certain site. Records of
deviation from normal practice must be maintained.

23
ADMINISTRATIVE CITATIONS

43.3-xxx Applicability.

This regulation provides for administrative citations which are in addition to all
other legal remedies, criminal or civil, which may be pursued by the state
licensing authority to address any violation of the Colorado medical marijuana
laws and rules.

43.3-xxx Citation – Defined.

A complete written notice, issued to a licensee by the division on an approved

form and by means of which the division alleges the licensee has violated one or
more Colorado medical marijuana laws or rules.

43.3-xxx Administrative Citation.

A. The Director or the director’s designees may issue citations according

to the Citation Violation List and Schedule of Penalties, whenever a citation is
called for. The director shall have the authority to rescind any citation and cancel
its associated penalty, with or without prejudice, in the event that the citation has
not been issued according to the provisions of the Citation Violation List and
Schedule of Penalties, or has, otherwise, been inappropriately issued.

B. Each administrative citation shall contain the following information:

1. The date of the violation or, if the date of the violation is

unknown, then the date the violation is identified;

2. The address or a definite description of the location where the

violation occurred;

3. The section of the Colorado medical marijuana laws or rules

violated and a description of the violation;

4. The amount of the fine for the violation or whether a hearing is

required;

5. A description of the fine payment process, including a

description of the time within which and the place to which the fine shall be
paid;

6. An order prohibiting the continuation or repeated occurrence of

the violation described in the administrative citation;

24
 7. A description of the administrative citation review process,
including the time within which the administrative citation may be
contested and the place to which the request must be made; and

8. The name and signature of the citing enforcement officer.

43.3-xxx Fine and Late Payment Fee.

A. Fines and any late charges due shall be made payable to ** and paid
at such location or address as stated in the citation, or as may otherwise be
designated by the state licensing authority.

B. The due date for the state licensing authority’s receipt of a fine shall be
twenty-one (21) calendar days from the date of issuance of the citation.

C. Any person who fails to pay the state licensing authority any fine
imposed pursuant to the provisions of this regulation on or before the date that
fine is due also shall be liable for the payment of any applicable late payment
charges.

D. Payment of the fine shall not excuse or discharge the licensee from the
duty to immediately stop violating Colorado’s medical marijuana laws or rules,
nor from any other responsibility or legal consequences for a continuation or
repeated occurrence(s) of a violation of Colorado’s medical marijuana laws or
rules.

E. Abatement of a violation shall not excuse the obligation of the licensee

to pay a fine, or any late charge imposed on that untimely payment of the fine.

43.3-xxx Violation - Defined.

A. For purposes of penalty assessments, a violation of Colorado medical

marijuana law or rules is classified as a general violation unless otherwise
specified.
1. General violation is defined as a violation which is specifically
determined not to be of a serious nature, but has a relationship
to Colorado’s medical marijuana laws or rules.

B. A general violation can be deemed aggravated and the penalty

assessment increased when any relevant circumstances, supported by evidence,
are present to cause the harshest penalty allowed under Colorado law to be
appropriate.

25
43.3-xxx Citation Violation List and Schedule of Penalties.

Description Authority 1st Violation 2nd 3rd

of Violation Violation Violation
Working 43.3-xxx; General: $50 $100 $200
without a General: 12- Aggravated:
license 43.3-202(2)(a) $250-$1,000
(I); fine or Hearing
Aggravated: 12-
43.3-901(1).
Misuse of 43.3-xxx; $50 $100 $200
license 12-43.3-202(2)
(a)(I).
Failure to have 43.3-xxx; $50 $100 $200
employee 12-43.3-202(2)
properly (a)(I).
licensed
Failure to have 43.3-xxx; $50 $100 $200
license §12-43.3-202(2)
validated/ (a)(I).
current
Failure to 43.3-xxx; General: $50 $100 $200
display license General: 12- Aggravated:
in a restricted 43.3-202(2)(a) $250-$1,000
area (IX); fine or Hearing
Aggravated: 12-
43.3-901(3)(a).
Licensee 43.3-xxx; General: $100 $200 Hearing
consuming or General: 12- Aggravated:
otherwise 43.3-202(2)(a) $250-$1,000
using medical (I); fine or Hearing
marijuana Aggravated: 12-
while on duty 43.3-901(1)(a).
Failure to 43.3-xxx; $50 $100 Hearing
perform proper 12-43.3-202(2)
maintenance (a)(XI).
Failure to have 43.3-xxx; $50 $100 Hearing
business 12-43.3-202(2)
facility in (a)(XI).
proper
condition
Exhibit 43.3-xxx; $100 $200 Hearing
behavior 12-43.3-307.
demonstrating
unsatisfactory

26
character,
record or
reputation
Failure to keep 43.3-xxx; $50 $100 $200
complete set of 12-43.3-202(2)
all records (a)(XV).
necessary to
show fully the
business
transactions of
the licensee
(minor)
Failure to have 43.3-xxx; $50 $100 $200
all 12-43.3-202(2)
documentation, (a)(X).
approvals, and
variances, or
copies thereof,
relating to
surveillance
Allowing, 43.3-xxx; $100 $200 Hearing
having, or 12-43.3-202(2)
bringing (a)(I).
unauthorized
person(s) into
restricted
areas
Failure to take 43.3-xxx; $100 $250 Hearing
all reasonable 12-43.3-202(2)
measures and (a)(XII).
precautions to
establish and
maintain
sanitary
conditions
Failure to 43.3-xxx; $100 $200 Hearing
report and 12-43.3-202(2)
transmit (a)(XVIII).
monthly sales
tax payments
Incorrect or 43.3-xxx; $50 $100 $200
misleading 12-43.3-202(2)
informational (a)(VII).
and product
displays on
licensed

27
premises
Incorrect or 43.3-xx; $50 $100 $200
misleading 12-43.3-202(2)
labeling (a)(XIV).
Prohibited 43.3-xxx; $100 $200 Hearing
conduct in 12-43.3-202(2)
restricted area (a)(I).
Failure to 43.3-xxx; $100 $200 Hearing
comply with 12-43.3-202(2)
orders or (a)(I).
rulings of state
or local
licensing
authority
Failure to 43.3-xxx; $50 $100 Hearing
follow proper 12-43.3-202(2)
regulation (a)(I).
procedure
Failure to give 43.3-xxx; $50 $75 $100
notification of 12-43.3-202(2)
change or loss (a)(I).
as required by
regulation
Late filing or 43.3-xxx; $50 $100 Hearing
submission of 12-43.3-202(2)
any report or (a)(I).
notification
required by
statute or
regulation
Failure to tag 43.3-xxx; $200 $300 Hearing
or label any 12-43.3-202(2)
plant or (a)(I).
product as
required by
statute or
regulation
Failure to use 43.3-xxx; $100 $200 Hearing
scale or weight 12-43.3-202(2)
specifications (a)(XX).
as required by
statute or
regulation
Sale of 43.3-xxx; $250-$1,000
unauthorized 12-43.3-901. fine or Hearing
plant materials

28
or products

Failure to 43.3-xxx; $50 $100 Hearing

provide safe 12-43.3-202(2)
work (a)(XX).
environment or
protective gear
to employees
Failure of 43.3-xxx; $100 $200 Hearing
licensee to be 12-43.3-202(2)
present when (a)(I).
required by
statute or
regulation
Failure to or 43.3-xxx; $50 $100 Hearing
inadequate 12-43.3-202(2)
posting of (a)(I).
public notices
as required by
statute or
regulation
Intentional 43.3-xxx; $100 $200 Hearing
disclosure of 12-43.3-202(2)
confidential (a)(XX).
information
adversely
affecting the
public health or
welfare or the
safety of the
immediate
neighborhood
in which the
establishment
is located
Unauthorized 43.3-xxx; $100 $200 Hearing
person 12-43.3-202(2)
conducting (a)(I).
sales or
performing
other business
functions
Obstructing or 43.3-xxx; General: $100 $200 Hearing
interfering with General: 12- Aggravated:
any 43.3-202(2)(a) $250-$1,000
inspections, (IV); fine or Hearing

29
investigations, Aggravated: 18-
searches or 8-104.
seizures
conducted
pursuant to
statute or
regulation
Intimidating or 43.3-xxx; General: $100 $200 Hearing
threatening General: 12- Aggravated:
any officer or 43.3-202(2)(a) $50-$750 fine
employee of a (XX); or Hearing
state or local Aggravated: 18-
licensing 9-111.
authority
Engage in an 43.3-xxx; $100 $200 Hearing
unlawful, unfair 12-43.3-202(2)
or fraudulent (a)(VI).
business act or
practice
Possession 43.3-xxx; General: $100 $200 Hearing
and/or use of General: 12- Aggravated:
fraudulent 43.3-202(2)(a) $500-$5,000
identification (VIII); fine or Hearing
card Aggravated: 18-
5-110.

43.3-xxx Hearing Request for Administrative Citations.

A. All requests made to the state licensing authority pursuant to this rule
for an appeal hearing by any party aggrieved by any action, including all requests
for an appeal of a citation, must be made in writing within twenty (20) days of the
action appealed from unless otherwise provided by these rules. The request
shall include the grounds for the appeal. If no written appeal is made within
twenty (20) days, the aggrieved person shall be deemed to have waived any right
to any appeal from the action.

B. When a licensee appeals a citation to a Hearing Officer for a hearing,

the director shall review the citation under the provisions of this rule. For any
citation that the director or their designee determines should be hearing on
appeal, the director shall assign the appeal according to the provisions of this
rule to a hearing officer. The division shall provide notice to the licensee
according to the provisions of this rule, and shall conduct the hearing pursuant to
the provisions of this rule.

30
43.3-xxx Hearing Officer.

The state licensing authority shall designate the hearing officer for the
administrative citation hearing.

43.3-xxx Hearing Procedure For Administrative Citations.

A. Provided the licensee appears for the hearing, the hearing shall be on the
merits to determine whether the charged violation did occur. After the matter has
been heard, the hearing officer shall make findings of fact and shall issue an
order on behalf of the state licensing authority. The order of the hearing officer
shall constitute an initial decision appealable to the Executive Director of the
Department of Revenue under the Colorado Administrative Procedures Act.
If the charged violation did occur, then the order from the hearing shall uphold
the citation in full, shall not increase the penalty, shall require the fine(s) to be
paid pursuant to this rule, and shall reset the payment date based upon the date
of the Ruling. If the charged violation(s) did not occur, then the ruling from the
hearing shall dismiss the citation with prejudice and cancel the associated
penalty.

B. If the licensee fails to appear for the hearing and no continuance has been
granted, the hearing officer shall call the case and make a record of the
proceedings, the licensee’s request for an appeal hearing shall be deemed to be
abandoned, the licensee shall have waived any right to a hearing forever, the
original citation shall be upheld without change, and the citation’s fines ordered to
be paid pursuant to this rule, with the payment date reset based upon the date of
the order.

43.3-xxx Recovery of Administrative Citation Fines and Costs.

The state licensing authority may collect any past due administrative citation fine
or late payment charge by use of all available legal means. The state licensing
authority also may recover its collection costs as provided by law.

43.3-xxx Administrative Citations - Notices.

A. Whenever a notice is required to be given under this code, unless

different provisions herein are otherwise specifically made, such notice may be
given either by personal delivery thereof to the person to be notified or by deposit
in the United States Mail, in a sealed envelope postage prepaid, addressed to
such person to be notified at his last-known business or residence address as
the same appears in the public records or other records pertaining to the matter
to which such notice is directed. Service by mail shall be deemed to have been
completed at the time of deposit in the post office.

31
 B. Failure to receive any notice specified in this regulation does not affect
the validity of proceedings conducted hereunder.

32
Regulation xxxx. Storage-Warehouse Storage Permit.
A. No medical marijuana shall be stored or kept in or upon any premises which
shall not be duly licensed, provided however, that the state licensing authority
may issue a warehouse storage permit IN ANY VENUE THAT DOES NOT
IMPOSE RESTRICTIONS ON MEDICAL MARIJUANA to licensees for the
storage of permitted medical marijuana in one location other than the licensed
premises.
B. Title to all medical marijuana stored or kept pursuant to a warehouse storage
permit shall be vested in such permit holder.
C. Medical marijuana may not be sold or delivered from the premises used
pursuant to a warehouse storage permit.
D. Any licensee obtaining a warehouse storage permit shall provide a copy of
said permit to the local licensing authority and display such permit and a copy
thereof, in a prominent place within their licensed premises and within the
permitted storage premises.
E. Any storage warehouse storing medical marijuana must meet all video and
security requirements as any other licensed premises.

F. Any medical marijuana stored in a storage warehouse licensed premises shall

be packaged, sealed, weighed and recorded on video before it is transported
directly to or from the storage warehouse directly from or to the primary
licensed premises only. Any discrepancy in weight shall be documented and
reported to the MMED within twenty-four (24) hours. It shall be unlawful to
open a pre-sealed package of medical marijuana except upon the primary
licensed premises.

G. Any medical marijuana removed from a Licensee’s Optional Premises

Cultivation licensed premises may only be transported directly to the
Licensee’s Medical Marijuana Center or its Infused Products Manufacturer’s
licensed premises on file and registered as required by law. Said marijuana
shall be weighed and prepackaged on video upon the licensed premises
before it is transported. All persons transporting said medical marijuana shall
be licensed or registered as provided in section 12-43.3-401 C.R.S.

H. No person shall transport Medical Marijuana or Medical Marijuana Infused

Products pursuant to section 12-43.3 C.R.S. and these rules without first
being licensed by the State Licensing Authority.

I. All Medical Marijuana or Medical Marijuana Infused Products shall be

packaged in a sealed package or container approved by the MMED. Each
container shall be packaged and weighed prior to leaving the origination
location. Each container shall be sealed by approved tamperproof tape and
each tagged and labeled pursuant to the MMED’s standards.

33
J. Transportation of Medical Marijuana or Medical Marijuana Infused Products
shall in all instances be accompanied by a manifest that is approved by the
MMED. The manifest shall be created online and a printed copy shall be
carried at all times with the products being transported. The licensee shall
complete and submit a form provided by the MMED, in cases where an
electronic record cannot be recorded or evidence printed. That form shall be
submitted via fax prior to any transportation of Medical Marijuana or Medical
Marijuana Infused Products. The manifest shall include the following:

1. Name of the licensee

2. Date completed
3. Name, location and license number of the origination location
4. Name, location and license number of the destination(s) location(s)
5. Products and quantities being delivered to each location if more
than one
6. Date and approximate time of departure
7. Date and estimated time of arrival
8. Route to be traveled
9. Vehicle make and model, together with license plate number
10. Name and signature of person transporting product
11. Dated

K. When determining and reporting the route to take, licensees should select the
best direct route that provides efficiency and safety. When Medical Marijuana
or Medical Marijuana Infused Products are transported in the manner
described by the MMED through these regulations, it may be transported on
any public road through any city, town, city and county or county, whether or
not that city, town, city and county or county has allowed for Medical
Marijuana Licensees to operate there.

34
 DRAFT MEDICAL MARIJUANA WASTE DISPOSAL REGULATIONS
(rec’d from Karin McGowan on 11/24/10)

1) Medical marijuana waste must be stored, secured and managed in

accordance with Department of Revenue (DOR) and other applicable state
statutes and regulations.

2) Medical marijuana waste must be stored secured and managed in

accordance with local and federal rules, regulations, ordinances and other
requirements.

3) Liquid waste from medical marijuana facilities shall be disposed of in

compliance the applicable Water Quality Control Division statutes and
regulations.

4) Medical marijuana waste must be made unusable prior to leaving a registered

facility’s ( i.e. grow operation, medical marijuana dispensary, marijuana
infused product supplier) secured storage and management area.

5) Medical marijuana waste shall be rendered unusable through the following

methods:

a) by grinding and incorporating the medical marijuana waste with non-

consumable, recyclable solid wastes listed below such that the resulting
mixture is at least fifty percent non marijuana waste:

i) Paper waste,

ii) Plastic waste,

iii) Cardboard waste,

iv) Food waste,

v) Grease or other compostable oil waste,

vi) Bokashi, or

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 vii) Other wastes approved by DOR that will render the medical marijuana
waste unusable.

b) by incorporating the medical marijuana waste with non-consumable,

recyclable solid wastes listed below:

i) Grease or other compostable oil waste,

ii) Bokashi, or

iii) Other wastes approved by DOR that will make the medical marijuana
waste unusable.

6) After the medical marijuana waste is made unusable, then the solid waste
shall be:

i) Disposed of as a solid waste at solid waste site and disposal facility

that has a Certificate of Designation from the local governing body and
that is approved by DOR,

ii) Deposited at a compost facility that has a Certificate of Designation

from the Department of Public Health and Environment and approved
by DOR,

iii) Composted on-site at a facility owned by the generator and operated in

compliance with the Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007-2, Part 1) in the Colorado Department of Public
Health and Environment.

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