The Colorado Department of Revenue Marijuana Enforcement Division (MED) has published an Industry-Wide Bulletin clarifying specifics of Colorado House Bill 18-1259, effective August 8, 2018, which amended existing marijuana codes (Colorado
Medical Marijuana Code, 12‐43.3‐101, et seq., C.R.S., and the Colorado Retail Marijuana Code, 12‐43.4‐
101, et seq., C.R.S.)  to allow certain licensed producers and manufacturers to provide samples of their marijuana product to managers for the purposes of quality control and product development.

The Industry-Wide Bulletin, published August 7, 2018, clarifies that prior to providing samples, a licensed Optional Premises Cultivation Operation, Medical Marijuana-Infused Product Manufacturer, Retainer Marijuana Cultivation Facility, or Retain Marijuana Product Manufacturing Facility must designate one (1) or more managers within the Inventory Tracking System to receive those samples. A licensed business must not designate more than five (5) quality control/product development mangers in any calendar month. In addition, if a manager were to be designated to receive Medical Marijuana-related samples, that manager must have a valid Medical Marijuana patient registry identification card.

The bulletin also addresses limits on samples. Each licensed business shall only provide one (1) quality control/product development sample from each Harvest Batch or Production Batch. The samples are also subject to specific limits:

  • Medical Marijuana or Retail Marijuana: No more than one (1) gram
  • Medical Marijuana Concentrate or Retail Marijuana Concentrate: No more than one-quarter (1/4) gram, except if the concentrate is to be used in a vaporizer device, in which case the limit is one-half (1/2) gram
  • Edible Medical Marijuana-Infused Product or non-edible Medical Marijuana-Infused Product; Edible Retail Marijuana Product or non-edible Retail Marijuana Product: No more than one (1) serving size or the applicable equivalent non-serving size if non-edible product

Each individual manager, regardless of the number of licenses he or she is associated with, is also subject to limits of samples received during each calendar month:

  • Medical Marijuana or Retail Marijuana: No more than one (1) ounce
  • Medical Marijuana Concentrate: No more than fifteen (15) grams
  • Retail Marijuana Concentrate: No more than eight (8) grams
  • Edible Medical Marijuana Infused Products: No more than fourteen (14) individual serving sizes (or the applicable equivalent, if non-edible)
  • Edible Retail Marijuana Products: No more than fourteen (14) individual serving sizes (or the applicable equivalent, if non-edible)

There is a public work group meeting scheduled for August 24, 2018 to discuss proposed additional rule requirements.

The Rodman Law Group applauds these common sense changes. Updating policy after thoughtful consideration shows that the state is both working with and for the people of Colorado to adapt to the needs of our emerging cannabis industry.

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