MED Issues New COVID Emergency Rules

Friends,

Last Friday, the MED issued another set of emergency rules for marijuana licensees regarding the COVID-19 pandemic. These rules largely continue existing COVID-19 rule provisions, but make some additional changes. Notably:

  • Licensees are still required to follow all executive and public health orders, failure to do so is a license violation affecting public safety. This includes the governor’s executive orders and orders of the Colorado Department of Public Health and Environment, such as those requiring critical business workers to wear masks.
  • Owner license and Business License expiration deadlines have been extended for a second time. Any license expiring prior to June 21, 2020 is extended by 30 days, even if it was already extended by prior emergency rules.
    • Employee license renewal deadlines are not extended.
    • Renewal applications must be filed prior to extended deadline.
    • This extension has no impact on subsequent year renewal deadlines.
  • Business licensees only (not owner or employee licensees) may request reinstatement of an expired license within 30 days after expiration by paying a $250 fee, but nothing in the emergency rules allows licensees to operate with an expired license.
    • No reinstatement is available for surrendered or revoked licenses.
  • Temporary modification of premises for marijuana licensees to conduct social distancing continues.
  • Fingerprinting requirement for renewal applications remains suspended.
  • All Licensees are required to implement social distancing measures:
    • Maintain six-foot distances between all individuals.
    • Encourage hand washing and cleaning protocols.
    • For retail and medical stores, special requirements apply:
      • Limit the number of people on premises to maintain six-foot distances
      • Limit the amount of time patients or customers can remain in a store
      • Utilize additional portions of licensed premises (including by temporary modification of premises, if necessary) to encourage social distancing
      • Use online or web-based applications for ordering and wait lists.
      • Require or encourage advance appointment scheduling and pick-up orders.
      • Instruct patients or customers to arrive only after notification that their order is ready.
      • Require or encourage patients or customers to use online or telephone ordering.
      • Implement line management and line supervision measures to ensure outdoor lines maintain social distance and don’t interfere with pedestrian or vehicle traffic.
  • Retail and Medical stores may continue to use web-based, telephone, and app-based ordering.
    • Medical and retail stores may not perform curb-side delivery outside the licensed premises or accept cash payments outside the licensed premises.
    • Medical and retail stores may allow customers to pick up marijuana and marijuana products outside the restricted access area if the pick-up occurs on the licensed premises.
    • Specific patient/customer identification and video surveillance requirements apply to any activity outside of restricted access area.
  • Licensees may use immediately adjacent property for transferring samples to marijuana testing facilities.

If you have any questions about the impact of these emergency rules on your marijuana business, please contact McAllister Garfield today.

Regards,

David Wunderlich, Esq.