Recently the Colorado Marijuana Enforcement Division published a new position statement regarding purchase limits. As a reminder to our readers, position statements are issued by the MED after someone formally requests clarity on a particular topic. You can read up on position statement protocol in R 104.
In this case, an attorney in Denver requested more precise definition for what is meant by a “single sales transaction” in R 402 C:
A Retail Marijuana Store and its employees are prohibited from selling more than one ounce of Retail Marijuana flower or its equivalent in Retail Marijuana Concentrate or Retail Marijuana Product during a sales transaction to a consumer.
Specifically, the attorney was trying to better understand what constitutes a single sales transaction. Is it when a receipt is issued? Is it when the customer leaves the store? Is it the end of the day? Clearly, there are a number of ways in which this rule can be interpreted.
While the MED does not specifically provide an exact definition as requested, the response is not shy about trying to leverage this language to skirt regulatory intent:
“The Division will seek administrative action against licensees attempting to circumvent the statutory and rule requirement imposing the limitation of one once per transaction of Retail Marijuana. Sales that are structured as multiple, stand-alone transactions may be viewed by the Division as an attempt to evade quantity limitations on the sale of Retail Marijuana, resulting in recommendation for administrative action.”
In other words, you can’t sell a recreational customer more than an ounce just because you broke the sale into several smaller transactions. To be on the safe side, we recommend restricting sales to one ounce (or equivalent) per customer per day. Somewhat unrelated, it’s interesting to note that this position statement request is dated back in September 2016. Seems like the MED has reason to hone in on this topic so make sure your staff is properly trained on this issue!
Yours in Compliance,