Basis and Purpose - 5010
The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-203(1)(g), 44-50-203(1)(l), 44-50-203(2)(a), 44-50-203(2)(c), 44-50-203(2)(g), and 44-50-402(1), C.R.S. The purpose of this rule is to identify prohibited actions by Natural Medicine Cultivation Facilities.
A. A Natural Medicine Cultivation Facility shall not use pesticides and fungicides in the cultivation of Regulated Natural Medicine. If the Division has reason to believe that pesticides or fungicides were used in the cultivation of Regulated Natural Medicine, a pesticide test will be requested per Rule 4020. The State Licensing Authority shall initiate an administrative action if test results indicate the presence of pesticides or fungicides, may embargo any contaminated Regulated Natural Medicine, and may require the Licensee to initiate a recall per Rule 3205.B.Transfer to unlicensed persons prohibited. A Natural Medicine Cultivation Facility shall not transfer any Regulated Natural Medicine to a person who does not hold a Natural Medicine Business License, or a Facilitator licensed by the Department of Regulatory Agencies under article 170 of title 12 in accordance with Rule 5005. Only a Natural Medicine Handler Licensee or Owner Licensee may receive Regulated Natural Medicine on behalf of a Natural Medicine Business.C.One Natural Medicine Cultivation Facility per Licensed Premises. A Licensed Premises shall only have one Natural Medicine Cultivation Facility License.47 CR 17, September 10, 2024, effective 10/1/2024