As vaccination prevalence increases and COVID -19 case numbers go down business has started to go back to normal, for better or for worse. Some of the changes resulting from the COVID-19 emergency proved to be beneficial to regulated marijuana businesses, patients, and consumers. In Colorado some of these measures expired on June 11, 2021.

On March 20, 2020 Colorado Governor Jared Polis signed Executive Order 2020-0011 “Ordering the Temporary Suspension of Certain Regulatory Statutes Due to the Presence of COVID-19”. This Order allowed the Colorado Marijuana Enforcement Division to implement emergency Rule 3-345(B)(3)(b) that provided regulated retail marijuana stores the ability to complete orders by phone or online and enabling curbside pick-up. This emergency relief allowed marijuana stores to continue to serve patients and customers safely and securely during the COVID-19 emergency. While this Order was extended several times, most recently on May 12, 2021, expired on June 10, 2021 at 11:59pm.

As of June 11, 2021 regulated retail marijuana stores are no longer be able to:

  • Complete orders over the phone
  • Complete orders online
  • Provide curb side services
  • Perform transactions via mobile devices outside the licensed premises

The MED released guidance on June 8, 2021 that regulated marijuana business may still accept online or phone “pre-orders” for the selection of products for pick up. However, the remainder of emergency rule 3-345 is tied to Executive Order 2020 003 which declared a state of emergency due to COVID-19 and will expire with the sunset of that order as will which could potentially impact the ability for stores to continue to accept orders for pick-up.

Our team is continuing to monitor the repeal of COVID-19 related changes in Colorado and other jurisdictions as they occur. If you have any questions regarding compliance in light of the continued regulatory modifications please contact Steve Levine, Marshall Custer, Alyssa Samuel or your Husch Blackwell attorney.

This post was updated on June 15, 2021.