Pubdate: Tue, 09 Jul 2013
Source: Trinidad Times Independent, The (CO)
Copyright: 2013 The Trinidad Times Independent
Contact:  http://trinidad-times.com/
Details: http://www.mapinc.org/media/5165
Author: Steve Block

POT RULES WORK IN PROGRESS; SEED-TO-SALE PROCEDURES PART OF RULEMAKING

When Coloradans passed Amendment 64 last November, legalizing 
recreational marijuana use, they charged state government with 
drafting a new set of regulations governing its use. The state 
Department of Revenue last week released a 64-page set of rules 
governing the operation of retail marijuana stores, but those rules 
don't address some of the thorniest issues relating to legalized pot.

The new rules are not intended to be permanent and figure to be 
rewritten by the time retail recreational marijuana stores can 
legally open their doors Jan. 1, 2014. The rules, titled "Emergency 
Rules Related to the Colorado Retail Marijuana Code," were released 
July 1 to comply with a deadline that was part of Amendment 64.

Many local governments in Colorado have held off passing any laws of 
their own regarding marijuana sales until seeing how state government 
would handle the issue.

Trinidad City Attorney Les Downs addressed the city council on the 
new regulations last Tuesday. He said the intention is to have the 
Department of Revenue -- which is charged with the oversight of the 
Colorado recreational marijuana industry -- accept applications for 
medical marijuana facilities where they already exist by Oct. 1, with 
the goal of licensing recreational marijuana outlets. He outlined 
some of the challenges faced by the state as it tries to come up with 
a workable framework for legalized recreational marijuana use.

"One of the problems the Department of Revenue had was trying to 
institute a procedure whereby they could have an accountability, or 
an accountable system, from seed to sale. They ran out of money 
because it was the end of the fiscal year and they were unable to 
follow up with that," Downs said.

Currently, someone age 18 or older with a doctor's prescription for 
medical marijuana can purchase the drug. Downs said that is likely to 
change with "the tie of medical marijuana facilities to recreational 
marijuana facilities." Since recreational marijuana use is only 
allowed for people age 21 or older, Downs indicated, "you'll have to 
be 21 to buy marijuana" for either purpose.

Under the heading "Licensed premises -- general requirements," the 
regulations refer to having both medical and recreational marijuana 
for sale at the same location. The relevant portion reads: "A medical 
marijuana business licensed pursuant to the medical code may, in 
compliance with these rules, share its existing licensed premises 
with a licensed retail marijuana establishment, if the relevant local 
jurisdiction permits a dual operation at the same location."

Each council member had been provided with a copy of the new 
regulations, though none had any questions for Downs about their 
implications for the city. Mayor Bernadette Baca Gonzalez asked Downs 
to keep council apprised of any changes in the regulations, and Downs 
promised that he would do so.

The new regulations lack detail on inventory control -- the so-called 
"seed-to-sale" tracking system Downs referred to -- which is critical 
because it's the key to the state's efforts to prevent retail 
marijuana from leaking into the black market. The new rules do say 
marijuana stores must have some means of documenting their inventory, 
but lack specific details on how that's supposed to happen.

The new regulations refer to a minimum tracking requirement, which 
says: "Licensed retail marijuana stores must establish tracking 
methods to ensure the inventories are identified and tracked from the 
point they are transferred from a retail marijuana cultivation 
facility or retail marijuana product manufacturer to the point of 
sale. A retail marijuana store must have the ability to reconcile its 
inventory records with the associated transaction history and/or 
sales receipts."

The very next part of the regulation refers to expected additional 
rulemaking for inventory tracking control system. It reads: "The 
state licensing authority intends to engage in additional rule-making 
to establish inventory tracking system requirements including, but 
not limited to, the use of any peripheral components, such as 
Radio-Frequency Identification Devices (RFID) that are developed and 
maintained by the state licensing authority. Reporting requirements 
may include the entry of purchases of retail marijuana and retail 
marijuana products, inventory levels and point-of-sale data that is 
not specific to individual customers."

State Attorney General John Suthers said in a published report he'd 
like to see more detail and hopes the Department of Revenue will 
establish firmer guidelines in its permanent regulations.

"Seed-to-sale tracking seems to be at the center of everything, and 
it's not in here," Suthers said.

Several of the new rules, especially those relating to health and 
safety safeguards, testing, labeling and advertising, say that 
additional regulations will be forthcoming but lack details on what 
the upcoming changes might be.
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MAP posted-by: Jay Bergstrom