Changes Are Coming. Be Prepared to Keep Up and Comply!
Updated: Jun 24, 2022
Some New Colorado Marijuana Rules Become Effective for July 1, 2022. Here’s What You Need To Know.
There are a multitude of new rules taking effect on July 1, 2022 – that’s less than 1 week away! These include Vaporizer Device and Inhaler expiration date requirements, Retail to Medical Cultivation Facility requirements, Retail to Medical Manufacturer requirements, and more. Keep reading to find out how to remain in compliance with the rules.
All labels for Vaporizer Delivery Devices and Pressurized Metered Dose Inhalers must now contain an expiration date and ideal storage conditions.
Regulated Marijuana Products Manufacturers: Beginning July 1, 2022, DO NOT TRANSFER VAPES OR INHALERS THAT DO NOT COMPLY WITH THIS NEW REQUIREMENT! Some notes about the expiration date and ideal storage conditions:
The expiration date you establish must be based on testing data outlined in Rules 4-120 and 4-125.
When determining the expiration date for your Vapes and Inhalers, you must consider:
any expiration dates of additives used to produce the Vape or Inhaler
interaction with hardware
final formulation within the Vape or Inhaler, and
ideal storage conditions.
The expiration date determinations and data used to establish them must be documented and maintained in the business records.
Do you need an SOP to help determine how to calculate your expiration date? Contact RZA Legal to help with that!
Regulated Marijuana Stores: Beginning July 1, 2022, DO NOT ACCEPT VAPES OR INHALERS INTO YOUR INVENTORY THAT DO NOT COMPLY WITH THIS NEW REQUIREMENT!
However, any Vapes or Inhalers in inventory prior to July 1, 2022 that do not comply with the expiration date requirement may be Transferred to patients and consumers through December 31, 2022.
MED encourages stores to include an expiration date on its website for patients and consumers for any Vape or Inhaler Transferred to Regulated Marijuana Stores prior to July 1, 2022 that does not already include an expiration date on its labeling.
If you want to dig into the regulation on this one, it can be found at Rules 3-335(M) and 3-1010(C)(3)(k)(iii).
New Testing Requirements:
Beginning July 1, 2022, Marijuana Testing Labs must report potency test results for D8-THC, D10-THC, and Exo-THC. [See Rule 4-115(E)(2(c)]
Marijuana Testing Labs must test for the presence of Aspergillus for the following products starting July 1, 2022:
Harvest Batches of flower, shake, and trim
Re-testing of flower, shake, and/or trim that has undergone Decontamination
Production Batches of Physical Separation-, Heat/Pressure-, or Food-Based Medical and Retail Marijuana Concentrate
Solvent-Based Medical and Medical Marijuana Concentrate produced through Remediation
Regulated Marijuana Product, Pre-Rolled Marijuana, Infused Pre-Rolled Marijuana, Industrial Hemp Products, Pressurized Metered Dose Inhalers, Vaporizer Delivery Devices, and Audited Products.
[See Rule 4-120 (C)(1)(a)]
Beginning July 1, 2022, Marijuana Cultivation Facilities may change the designation of marijuana from Retail to Medical only. While the Colorado legislature passed SB22-178 this year that will allow Marijuana Cultivation Facilities to change the designation from Medical to Retail, that does not take effect until January 1, 2023. In order to change the designation of marijuana from Retail to Medical, the following must happen:
The Retail Marijuana being Transferred or accepted has passed all required testing;
The Medical Facility and the Retail Facility are co-located;
The Medical Facility and Retail Facility have at least one identical Controlling Beneficial Owner;
The Retail Facility must report the Transfer in METRC the same day that the change in designation from Retail to Medical Marijuana occurs. Also, the Medical Facility must receive the Transfer and designate the inventory as Medical Marijuana in METRC the same day. The Medical Facility must assign and attach an RFID tag reflecting the Medical Marijuana license number to the Medical Marijuana following the Transfer in METRC
After the designation change, the Medical Marijuana cannot be Transferred to the originating or any other Retail Marijuana Business, or treated as Retail Marijuana;
Both Medical and Retail Facilities must remain at, or under, its inventory limit before and after the Retail Marijuana changes its designation to Medical Marijuana; and
The Transfer and change of designation do not create a right to refund any Retail Marijuana excise tax incurred or paid prior to the Transfer and change.
See Rules 5-235(A) and 6-230(A) for details.
Beginning July 1, 2022, Marijuana Products Manufacturer may change the designation of marijuana concentrate from Retail to Medical only. In order to change the designation of marijuana concentrate from Retail to Medical, the following must happen:
The Retail Concentrate that is being Transferred or accepted has passed all required testing;
The Medical Manufacturer and Retail Manufacturer are co-located;
The Medical and Retail Manufacturer have at least one identical Controlling Beneficial Owner;
The Retail Manufacturer must report in METRC the same day that the change in designation from Retail to Medical Concentrate occurs. Also, the Medical Manufacturer must receive the Transfer and designate the inventory as Medical Concentrate in METRC the same day. After that, the Medical Manufacturer must assign and attach an RFID tag reflecting its Medical Manufacturer license number to the Medical Concentrate;
After the designation change, the Medical Concentrate cannot be Transferred to the originating or any other Retail Marijuana Business or treated as Retail Marijuana; and
The Transfer and change of designation do not create a right to a refund of any Retail Marijuana excise tac incurred or paid prior to the Transfer and change.
See Rules 5-335(A) and 6-335(A) for details.
If you have any questions about how to remain in compliance with these new rules or help doing so, don’t hesitate to contact us for guidance from experienced cannabis industry attorneys!
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