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Task Force Report on the Implementation of Amendment 64

Task Force Report on the Implementation of Amendment 64

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Published by Michael_Lee_Roberts

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Published by: Michael_Lee_Roberts on Mar 14, 2013
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08/20/2013

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Guiding Principles:

a. Promote the health, safety, and well-being of Colorado’s youth
c. Propose efficient and effective regulation that is clear and reasonable, and not unduly
burdensome
f. Establish tools that are clear and practical, so that the interactions between law
enforcement, consumers, and licensees are predictable and understandable
g. Ensure that our streets, schools, and communities remain safe

Justification:

Businesses cannot throw away marijuana, marijuana products, or marijuana waste as they can
many other commercial and waste products. Similarly, private citizens growing marijuana at
home need a mechanism to legally dispose of contaminated marijuana, excess marijuana, and
marijuana waste. Without a state-overseen process or facility to properly dispose of
marijuana and its products and waste, there would be a tremendous temptation for both
businesses and private citizens to divert these items to the illegal market.

In order to track all marijuana regulated under Amendment 64, statutory authority and a
regulatory mechanism are needed to account for and destroy marijuana and marijuana
products that cannot be legally sold, as well as marijuana waste. Examples of situations
where marijuana cannot be sold include when a sample tests positive for mold or some other
contaminant and the entire batch must be destroyed, when a strain does not sell well, or

The Task Force recommends that the Colorado Department of Public
Health and Environment (CDPHE) develop a mechanism to track,
measure, and properly destroy marijuana and marijuana products that
cannot be legally sold, as well as marijuana waste material. The
mechanism should also cover destruction of marijuana lawfully subject
to destruction at the conclusion of any law enforcement action. The
cost of such destruction shall be covered by a reasonable fee, to be paid
by the party requesting the service.

The Task Force further recommends that CDPHE develop a mechanism
that ensures that private citizens can legally dispose of marijuana,
marijuana products, and marijuana waste material, including stalks,
stems, roots, and leaves, without being subject to criminal prosecution
or civil penalties.

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Task Force Report on the Implementation of Amendment 64

when a batch is considered to be expired and the retailer must remove it from the shelves.
The same disposal mechanism can be used to destroy marijuana that is subject to destruction
as a result of law enforcement action, and possibly also marijuana and marijuana waste that
private citizens growing at home wish to surrender for destruction.

Rule 12.200, used by the Medical Marijuana Enforcement Division to set requirements for the
disposal of medical marijuana waste, can provide guidance in developing the necessary
regulations relating to marijuana waste.

Implementing Authorities:

Colorado General Assembly, Colorado Department of Public Health and Environment,
Colorado Department of Revenue

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Task Force Report on the Implementation of Amendment 64

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