COVID-19 Update

Friends,

Over the past four days, Colorado Governor Polis signed
several executive orders that affect the cannabis industry, and the MED has
enacted emergency rules and new guidelines for dealing with the
COVID-19/coronavirus crisis and the governor’s orders. The sum impact of these
measures is summarized here:  

  1. The governor ordered all Colorado
    businesses (with certain exemptions for critical businesses) to reduce their in
    person work force by 50% starting Tuesday and continuing until April 10, 2020. This order directs all employers to implement tele-work
    options to the greatest extent possible. If tele-work is not practical or
    possible, employers are encouraged to stagger work schedules to reduce the
    proximity of employees during work hours and to keep employees on payroll. The order
    does not apply to any employer that can certify that employees are no closer
    than six feet from one another during any part of their work hours.
  2. The MED emergency rules, allow for temporary
    modifications of premises without pre-approval from the state.
  3.  Both retail and medical stores can take and
    complete orders by phone or over the internet, with customers picking up orders
    in the parking lot under the control of the licensee. Retail marijuana stores can
    only do transactions curbside and are no longer allowed to conduct in-store
    sales. Medical stores can do sales curbside or in the licensed premises. Cash
    payments are allowed curbside, but the MED encourages licensees to maximize
    online non-cash orders.
  4. There are specific rules
    related to checking IDs and taking payment electronically, which include the
    licensee’s employee viewing a valid digital registry card and proof of
    identification.
  5. Every sale requires the video
    recording of the transaction, even at curbside, including identification of the
    transaction, the consumer, and the consumer’s vehicle, if done curbside.
  6. Testing labs may utilize
    adjacent properties to the licensed premises to allow for social distancing.
  7. Licensees do not need
    approval from their local regulators to implement these changes. However, if
    local governments already prohibit curbside service or online transactions,
    those prohibitions remain in effect.  
  8. The MED has warned licensees
    not to take advantage of or abuse these temporary privileges.
  9. All licensees must comply
    with all of the governor’s orders and any applicable health order of the
    Colorado Department of Public Health and Environment (CDPHE). Information about
    CDPHE’s public health orders and related information can be found here.

Guidance
from MED concerning the emergency rules and the governor’s orders is found here. Contact us if you have any questions
about this development or any other issue related to the industry response to
this pandemic.

Sincerely,

The
McAllister Garfield, P.C. team