1 Colo. Code Regs. § 212-3-3-405

Current through Register Vol. 48, No. 1, January 10, 2025

Section 1 CCR 212-3-3-405 - Identification

Basis and Purpose - 3-405

The statutory authority for this rule includes but is not limited to sections 44-10-202(1)(c), 44-10-203(1)(k), 44-10-203(2)(v), 44-10-203(2)(z), 44-10-401(2)(a)(I), 44-10-401(2)(b)(I), 44-10-501(3) (b), 44-10-501(3)(c), 44-10-501(3)(d), 44-10-501(4), 44-10-501(10)(b)(II), 44-10-601(3)(b), 44-10-701(1)(b), 44-10-701(2)(a), 44-10-701(4)(a), and 44-10-701(5)(a), C.R.S. The purpose of this rule is to establish guidelines for the acceptable forms of identification for verifying the lawful sale of Regulated Marijuana. This Rule 3-405 was previously Rule M 405, 1 CCR 212-1, and Rule R 404, 1 CCR 212-2.

A.Medical Marijuana Transfers.

1.Necessary Identification. Medical Marijuana Stores may only Transfer Medical Marijuana to any patient or primary caregiver who is permitted to deliver Medical Marijuana to homebound patients or minor patients as permitted by section 25-1.5-106(9)(e), C.R.S., if the patient or caregiver can produce:

a. Proof of identification that complies with subparagraphs (C) and (D) of this Rule; and

b. Either a valid patient registry card, including any valid and verified digital registry card, or a copy of a current and complete new application for the Medical Marijuana registry that is documented by proof of submittal to the Colorado Department of Public Health and Environment within the preceding 35 days.

2.Physical Inspection Required. A Licensee must physically view and inspect the patient or primary caregiver's registry card, including any valid and verified digital registry card, physician certification, and proof of identification to confirm the information contained on the documents and also to judge the authenticity of the documents presented.

a. If the Medical Marijuana Store Licensee maintains the physician certification on behalf of a patient, and the record has not expired, the Medical Marijuana Store Licensee may review the record in their possession rather than requiring the patient to present the physician certification before each sale.

3.Valid and Verified Registry Card. For the purposes of these rules, a valid and verified digital registry card may include:

a. A hard copy of the patient's registry card; or

b. A portable document format (PDF) of the patient's registry card presented on a phone or other portable device.

i. If a patient is presenting his or her registry card on a phone or other portable device, the PDF of the registry card must be presented.

ii. A screen shot of the patient's profile, text image of a blank card, or photo of the hard copy is unacceptable.

B.Retail Marijuana Transfers. An Accelerator Store, a Retail Marijuana Store, or a Retail Marijuana Hospitality and Sales Business may only Transfer Retail Marijuana to a consumer that first produces a form of identification that complies with subparagraphs (C) and (D) of this Rule establishing the consumer is 21 years of age or older.

1.Fraudulent Identification and Licensee's Burden. Pursuant to section 44-10-601(3)(b)(I), C.R.S., if a person under 21 years of age presents a fraudulent proof of age to a Retail Marijuana Store, or an Accelerator Store any action based upon the fraudulent proof of age shall not be grounds for the revocation or suspension of a license. To establish that the identification presented by the minor was a fraudulent proof of age, the Licensee must establish that:

a. The minor presented fraudulent identification of the type established in subparagraph (C) below;

b. During the transaction in which Retail Marijuana was Transferred to the minor, the Licensee inspected the identification provided, compared the identification to the person presenting the identification, and:

i. Inspected an identification book issued within the past three years:

ii. Used an electronic scanner;

iii. Used an ID checking software or other device used in the inspection of identification; or

iv. Used other ID security features.

C.Forms of Valid Identification. The kind and type of identification deemed adequate shall be limited to the following, including any valid and verified digital identification:

1. An operator's, chauffeur's, or similar type driver's license, including a temporary license issued by any state within the United States, District of Columbia, or any U.S. territory;

2. An identification card, including a temporary identification card, issued by any state within the United States, District of Columbia, or any U.S. territory, for the purpose of proof of age using requirements similar to those in sections 42-2-302 and 42-2-303, C.R.S.;

3. A United States military identification card or any other identification card issued by the United States government including but not limited to a permanent resident card, alien registration card, or consular card;

4. A passport or passport identification card; or

5. An Enrollment card issued by the governing authority of a federally recognized Indian tribe, if the enrollment card incorporates proof of age requirements similar to sections 42-2-302 and 42-2-303, C.R.S.

D.Identification Must Be Valid. A Licensee shall refuse the Transfer of Regulated Marijuana if a person produces identification that is invalid or expired.

1 CCR 212-3-3-405

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 21, November 10, 2020, effective 1/1/2021

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 13, July 10, 2021, effective 8/1/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 21, November 10, 2022, effective 12/1/2022

47 CR 21, November 10, 2024, effective 12/4/2024