Business As Usual: The June 11, 2021 Expiration Of COVID-19 Emergency Rule And The Impact On Colorado Marijuana Businesses

Husch Blackwell LLP

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 are set to expire 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 rules such as Rule 3-345(3)(b) that provided regulated marijuana stores the ability to take 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, it is set to expire on June 10, 2021 at 11:59pm.

As of June 11, 2021 regulated marijuana stores (medical and retail) will no longer be able to:

  • Take orders over the phone
  • Take orders online
  • Perform transactions via mobile devices outside the licensed premises

Our team is continuing to monitor the repeal of COVID-19 related changes in Colorado and other jurisdictions as they occur.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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