MED - Rulemaking
Following the lead of the Governor’s Amendment 64 Task Force, the Marijuana Enforcement Division (MED) has adopted a highly collaborative process to develop industry regulations. The Division initially assembles work groups made up of stakeholders and subject matter experts to deliberate and provide direction and guidance for the proposed language to begin its formal rulemaking process.
Once the proposed language has been developed, the State Licensing Authority (SLA) issues a Notice of Formal Rulemaking and the Division begins the official rulemaking process as dictated by the Colorado Administrative Procedures Act (C.R.S. 24-4-101 et. seq.) In this process, the proposed rules are published in the Secretary of State’s Colorado Register and members of the public are encouraged to provide comments regarding the proposed rule language. Public Comment can be made in writing, in testimony during a public hearing or both. Upon completion of the public comment period, a Hearings Officer (who also conducts the public hearing sessions) reviews the public comments and makes a recommendation to the SLA (the Executive Director of the Department of Revenue or their designee,) who then adopt the rules as proposed, adopts rules with modifications or sends the rules back to the Division for additional work.
When the SLA submits the notice of proposed rule-making any person may, within five days of publication of the notice in the Secretary of State Colorado Register, request a cost-benefit analysis - this request is submitted to the Colorado Department of Regulatory Agencies (DORA).
The DORA Executive Director, or his or her designee, shall determine, after consultation with the SLA whether or not a cost-benefit analysis is necessary. If it is determined that a cost-benefit analysis is required, the SLA must provide DORA the analysis at least ten days before the public hearing on the proposed rule[s]. A request for a cost-benefit analysis may cause the SLA to postpone the scheduled public hearing on the rule, notice of which will be published in the Secretary of State Colorado Register.
If you wish to request a cost-benefit analysis (CBA) please visit the DORA “What to Know About Colorado’s Rulemaking and Cost-Benefit Analysis Process” and click on the red box titled “Request a CBA, which will allow you to email a request for analysis to DORA.
Upon completion of the public comment period a Hearings Officer (who also conducts the public hearing sessions) reviews the public comments and makes a recommendation to the SLA (the Executive Director of the Department of Revenue or their designee,) who then adopt the rules as proposed, adopts rules with modifications or sends the rules back to the Division for additional work.
Once the rules are adopted by the State Licensing Authority (SLA) they are published with an effective date no sooner than twenty days after the adoption date.