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12.3.18- Updated Suggestion Form to change 6-16-8 to include exemption for fake ID violations- J. KurishName: John Kurish Company: JTR Caregivers LLC Phone: 719-641-7778 Title: General Manager Date: 12/3/2018 Email: johnny.k@helpinghandsherbals.com Mailing Address: 1021 Pearl St Unit B Boulder CO 80302 Boulder Revised Code or City Manager Rule suggested amendment with Legal Citation/Chapter/Subsection: Boulder Revised Municipal Code 6-16-8(b) Suggested Wording for Change: Add section 6-16-8(b)(3) as follows: 6-16-8(b)(3): if a person under twenty-one years of age presents a fraudulent proof of age, 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: (1)The minor presented fraudulent identification of a type otherwise valid under this Code; (2)During the transaction in which marijuana was sold to the minor, the licensee inspected the identification provided, and referenced and inspected an identification book, or other electronic scanner, ID checking software or other device used in the inspection of identification, issued within the past three years, which contained a sample of the specific kind of identification presented for compliance purposes. Basic justification for suggested change: This change aligns the City of Boulder’s approach with the State’s approach to fraudulent identification in marijuana transaction. Modern technology allows for production of very sophisticated fraudulent identification. Even when marijuana licensees apply a practical, case- by-case review of any identification, it is not possible to catch all instances of fraudulent identification. This change encourages a best-practices approach to enforcement of recreational marijuana age limits. Also, there is also no legal way that a licensee can hire a 3rd party service to self-test their employees with fake IDs. The best way to pass testing is to gain knowledge through coursework, self-test until certain all knowledge has been retained and is being used in practice, then you take the final test. Without a self-test option, licensees are missing a key piece to this formula needed to pass fake ID tests with certainty. Examples of when the current Code or Rule has caused a problem (please provide real world examples): Recent City of Boulder stings utilized undercover operatives using sophisticated false identification to obtain access to and purchase recreational marijuana from licensed recreational marijuana centers in Boulder. Also, using a 3rd party service to self-sting with fake IDs is not an option due to legal concerns from the ID sting service provider. Explain how the change would affect/benefit the Industry: This change would incentivize marijuana licensees to focus on case-by-case identification checking, ensuring closer compliance with age limitations on retail marijuana sales. This change would further align the City of Boulder’s regulatory regime with state-wide rules for identification checking, allowing for regulatory clarity for the Industry. Explain how the change would affect/benefit the City organization: The City would benefit by incentivizing its marijuana licensees to maintain more compliant operations, lessening the workload on City police and the City licensing authority. Explain how the change would affect/benefit members of the Public who are not related to the marijuana industry or marijuana customers: The Public would benefit due to having recreational licensees closely scrutinize presented identification, which would more effectively prevent sales to minors health and safety operational violations by marijuana licensees. List any documents you have provided which would support the proposed change: Pages from Colorado Marijuana Enforcement Division adopted rules, effective January 1, 2019, including MED rule 404 regarding identification. DEPARTMENT OF REVENUE, MARIJUANA ENFORCEMENT DIVISION PROPOSED PERMANENT RETAIL MARIJUANA RULES, 1 CCR 212-2 November 9, 2018 93 was received, the nature of the complaint, and the name and Production Batch number of the Audited Product or Alternative Use Product. R. Research Transfers Prohibited. A Retail Marijuana Store shall not Transfer any Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product to a Medical Research Facility, a Pesticide Manufacturer or a Licensed Research Business. S. Violation Affecting Public Safety. Failure to comply with this Rule may constitute a license violation affecting public safety. Basis and Purpose – R 403 The statutory authority for this rule includes but is not limited to sections 44-12-202(2)(b), 44-12- 202(3)(a)(VI), and 44-12-202(3)(a)(IX), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a)(V) and 16(5)(a)(VIII). The purpose of this rule is to establish that a Retail Marijuana Store must control and safeguard access to certain areas where Retail Marijuana and Retail Marijuana Product will be sold to the general public and prevent the diversion of Retail Marijuana and Retail Marijuana Product to people under 21 years of age. R 403 – Point of Sale: Restricted Access Area A. Identification of Restricted Access Area. All areas where Retail Marijuana or Retail Marijuana Product are sold, possessed for sale, displayed, or dispensed for sale shall be identified as a Restricted Access Area and shall be clearly identified by the posting of a sign which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than a half inch in height, which shall state, “Restricted Access Area – No One Under 21 Years of Age Allowed.” B. Customers in Restricted Access Area. The Restricted Access Area must be supervised by a Licensee at all times when customers are present to ensure that only persons who are 21 years of age or older are permitted to enter. When allowing a customer access to a Restricted Access Area, Owners and Occupational Licensees shall make reasonable efforts to limit the number of customers in relation to the number of Owners or employees in the Restricted Access Area at any time. C. Display of Retail Marijuana. The display of Retail Marijuana and Retail Marijuana Product for sale is allowed only in Restricted Access Areas. Any product displays that are readily accessible to the customer must be supervised by the Owner or Occupational Licensees at all times when customers are present. Basis and Purpose – R 404 The statutory authority for this rule includes but is not limited to sections 44-12-202(2)(b), 44-12-202(2)(e), 44-12-202(3)(c)(VI), 44-12-202(3)(c)(VIII), and 44-12-402(3)(a), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsections 16(5)(a)(V). The purpose of this rule is to establish guidelines for the acceptable forms of identification for verifying the lawful sale of Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product. R 404 – Acceptable Forms of Identification for Retail Sales A. Valid Identification to Verify Age Only. A Licensee shall refuse the Transfer of Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product to anyone, unless such person can produce a form of valid identification showing that the purchaser is 21 years of age or older. If the identification contains a picture and date of birth, the kind and type of identification deemed adequate shall be limited to the following, so long as such identification is valid and not expired: DEPARTMENT OF REVENUE, MARIJUANA ENFORCEMENT DIVISION PROPOSED PERMANENT RETAIL MARIJUANA RULES, 1 CCR 212-2 November 9, 2018 94 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. 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. 6. Repealed. B. Fraudulent Identification and Licensee’s Burden. Pursuant to section 44-12-402(3)(b)(I), C.R.S., if a person under twenty-one years of age presents a fraudulent proof of age, 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: 1. The minor presented fraudulent identification of the type established in paragraph A above; 2. During the transaction in which Retail Marijuana, Retail Marijuana Concentrate, or Retail Marijuana Product was Transferred to the minor, the Licensee inspected the identification provided, and referenced and inspected an identification book, or other electronic scanner, ID checking software or other device used in the inspection of identification, issued within the past three years, which contained a sample of the specific kind of identification presented for compliance purposes. C. Repealed. Basis and Purpose – R 405 The statutory authority for this rule includes but is not limited to sections 44-12-202(1), 44-12-202(2)(b), and 44-12-402(1)(d), C.R.S. The purpose of this rule is to establish a Retail Marijuana Store’s obligation to account for and track all inventories on the Licensed Premises from the point of Transfer from a Retail Marijuana Cultivation Facility, Retail Marijuana Products Manufacturing Facility, or Retail Marijuana Transporter to the point of sale. R 405 – Retail Marijuana Store: Inventory Tracking System A. Minimum Tracking Requirement. A Retail Marijuana Store must use Inventory Tracking System to ensure its inventories are identified and tracked from the point of Transfer to or from another Retail Marijuana Establishment through the point-of-sale , or otherwise disposed of. See Rule R 309 – Retail Marijuana Establishment: Inventory Tracking System. The Retail Marijuana Store must have the ability to reconcile its inventory records with the Inventory Tracking System and the associated transaction history and sale receipts. See Rule R 901 – Business Records Required.