Colorado Marijuana Enforcement Division

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On June 4th, 2021 we provided a brief overview of coming changes in online ordering which was updated on June 14, 2021, “Business as Usual: The June 11, 2021 Expiration of COVID-19 Emergency Rules and the Impact on Colorado Marijuana Businesses”. Since our last update Governor Polis signed an extension of Executive Order 2020-011 which now allows for transactions completed outside of the licensed premises by licensed retail marijuana stores through electronic means to resume until July 10, 2021. What is the current status of online ordering and online transactions?

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.

The below discussion is an analysis of the current legal environment related to the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail businesses to continue operating in light of several emergency orders from the State of Colorado and emergency rule changes from the Marijuana Enforcement Division (“MED”). This summary is not a legal opinion, but rather perspective and analysis on the current status of such emergency rules and orders. The content provided herein is subject to change as the laws and interpretation of such laws change.

STATE ANALYSIS

Below is a summary of the current status of Governor Polis’ Executive Orders, Colorado Department of Public Health’s (“CDPHE”) Public Health Orders (“PHO”), Emergency Rules, and MED Guidance (the “Releases”) updated as of March 30, 2020.  For ease of reference, at the end of this summary is a link to all applicable Releases.

Colorado recently modified its marijuana establishment ownership laws by creating a new class of ownership called the Permitted Economic Interest (PEI). As a result of this change, the Colorado Marijuana Enforcement Division will be promulgating new rules for individuals that wish to invest or loan money to licensed marijuana establishments through the issuance of convertible…