Inside a cannabis cultivation facility’s growing room.

Thursday, February 21, 2019, the Colorado Department of Revenue Marijuana Enforcement Division (“MED”) released an official Statement of Position regarding signage requirements for access areas within cultivation facilities. Signed by James Burack, the Division’s director, the statement was released in response to a general inquiry email, which – pursuant to MED to Rule M 104(A), 1 CCR 212-1 – the MED treated as a request for a Statement of Position.

Submitted by a dispensary owner, the initial question was as follows: “What is the Division’s position with regard to whether an Optional Premises Cultivation Operation’s Limited Access Area must be identified with a sign on the exterior of the building in order to conform with the Medical Marijuana Rules at 1 CCR 212-1?”

Citing C.R.S. § 44-11-105, the MED stated that all entrances and exits that lead directly into the Limited Access Area of an Optional Premises Cultivation Operation need to be clearly identified as such by a sign. The MED then confirmed their signage size requirements as no less than 12 inches wide by 12 inches long, according to Rule M 301(C), 1 CCR 212-1. Should a cultivation facility fail to properly designate entrances/exits or post the appropriate signage, they would be found in violation of C.R.S. § 44-11-901(3)(b), which states that the failure to designate “areas of ingress and egress for limited-access areas and post signs in conspicuous locations” are unlawful acts.

The MED did go on to elaborate on the placement of facility signs, as they require them to be placed in “conspicuous locations.” An Optional Premises Cultivation Operation may place a sign immediately inside the entrance/exit door to meet the MED’s requirement, according to the Division. Specifically citing the “potential of exterior signs to draw unwanted attention to regulated marijuana activities,” the regulatory agency stated that Limited Access Area signs were not restricted to the building’s exterior.

Concluding their Statement of Position, the MED ended with a broad analysis of what they consider to be compliant:

“The Division considers interior Limited Access Area signs that conform to the requirements in Rule M 301(C) as in compliance with both section 44-11-105, C.R.S., and Rule M 301(C), when that sign is conspicuously placed immediately within an entrance that is locked against public entry and only accessible to limited, licensed personnel and escorted visitors.”

  1. “Signage Requirement for Optional Premises Cultivation Limited Access Areas.” James Burack to Jim Monaco. February 21, 2019. Marijuana Enforcement Division, Denver, CO.

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