Jan 12, 20203 min read

Updates from RZA Legal

Updated: Jan 24, 2020

Happy New Year from RZA Legal!

Here are some important updates:

New Rules Go Into Effect January 2020!

Following the sweeping legislative changes to the Colorado marijuana industry, the regulations governing commercial marijuana businesses in Colorado were also heavily revised, including an overall merger of the medical and retail code resulting in one whopping 383-page rule book that licensees are responsible for strictly complying with. If that sounds overwhelming on top of all the other day-to-day tasks of running a cannabis business, it’s because it is. That’s why having an experienced cannabis business attorney on your team, who not only knows the rules, but has been invited by regulators to help craft them, is key to staying compliant and operating successfully. If you want to be able to pick up the phone with your compliance or general cannabis business questions, let’s meet.

MED Issues Industry Bulletin and Compliance Tip to Aid Licensees in Compliance with New Rules

Delivery for medical marijuana went into effect at the state level on January 1, 2020. Pursuant to HB19-1234, medical marijuana stores will be able to apply for a delivery permit to deliver medical marijuana to registered patients. However, this law allowed for local governments to decide whether they will allow delivery and to craft regulations surrounding delivery in they jurisdictions. If delivery of medical marijuana is important to you, I cannot stress enough - CONTACT YOUR LOCAL REPRESENTATIVES! Whether that be city council members or county commissioners, the law requires that local governments take action and enact local laws to guide the program. Here’s an Industry Bulletin MED issued on January 7, 2020 with details and answers to FAQs on the program.

January 1, 2020 marked the start of new limitations on medical marijuana sales. This Industry Bulletin (dated January 13th) provides additional guidance regarding requirements for sales of Medical Marijuana in amounts exceeding the above-noted sales limits; and sales involving a combination of Medical Marijuana Concentrate, Medical Marijuana flower, and Medical Marijuana Product.

Another big change that took place in 2019 was a change to the definition of “Advertising” and “Branding” as applied to Regulated Marijuana Businesses. This change allows licensees greater flexibility in getting their name out there and aligns certain advertising restriction with those applicable to alcohol as the Colorado Constitution requires. Here’s a Compliance Tip MED issued on January 7, 2020 with details on these revised advertising and branding regulations.

Upcoming Cannabis Law Presentations

Rachael will be presenting at the 4th Annual Cannabis and Hemp Law Symposium on February 11, 2020 on Estate Planning for Clients with Cannabis Assets. Other presenters include U.S. Attorney Jason R. Dunn, Director and Deputy Director of the Marijuana Enforcement Division Jim Burack and Dominique Mendiola and Executive Director of Denver Department of Excise and Licenses Ashley Kilroy. Although it is a continuing legal education (CLE) seminar geared toward other attorneys, anyone interested or involved in the Colorado cannabis industry would benefit by attending.

Rachael will also be presenting The 2018 Farm Bill: Updates and Implementation One Year In with ProLaw CLE discussing the status and progress made since hemp was legalized federally at the end of 2018 and trends in the market so far.