Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
Colorado Constitution, Article XVIII, Sec. 16, 44-10-101 et seq., C.R.S., and the state section 24-4-103, C.R.S. 44-10-103, 44-10-202(1)(b), 44-10-202(1)(c), 44-10-202(1)(e), 44-10-203, 44-10-303(2)(b), 44-10-310(7), 44-10-313, 44-10-401, 44-10-801, 44-10-802, 44-10-803, 44-10-1201, 44-10-1202 see attachment. |
| Purpose/Objective of Rule |
The purpose of this Emergency Rule is to re-adopt existing emergency rules without
substantive amendments. The Emergency Rules: 1) amend Rule 2-205, which currently
Emergency Rule Adoption Order contains all fees owed by applicants and licensees upon application to the Marijuana Enforcement Division (“the Division”) for a license, certificate, permit, or other privilege as authorized in the Marijuana Code and Rules; and 2) adopt Rule 2-206, outlining new fees for Social Equity Licensees. The State Licensing Authority has concurrently held stakeholder workgroups related to the permanent rulemaking process for these fee rules, but the Permanent Fee Rules will not be in place prior to the expiration of the existing emergency rules on October 27, 2023. As a result, adopting this second set of emergency rules is necessary to allow for the completion of the permanent rulemaking process. The Division’s operations are primarily fee funded and fees collected by the State Licensing Authority are transmitted to the Marijuana Cash Fund established in section 44-
10-801(1)(a), C.R.S. Further, section 44-10-801, C.R.S., requires that the amount of fees collected reflect the actual direct and indirect costs of the State Licensing Authority in the administration of the Colorado Marijuana Code, at sections 44-10-101, C.R.S., et seq. and that the State Licensing Authority review fees at least annually, and if necessary, adjust fees to reflect the direct and indirect costs. See attachment |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Danielle Henry |
| Contact Title |
Senior Policy Advisor |
| Contact Telephone |
3032418271 |
| Contact email |
Danielle.Henry@state.co.us |
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