4 CCR 748-1.27 - Protecting Colorado's Workforce and Expanding Licensing Opportunities

This Rule is promulgated pursuant to Executive Order D 2022 034, and sections 12-305-115, and 12-20-204, C.R.S.

A. Definitions, for purposes of this Rule, are as follows:

1. "Applicant" means as defined in section 12-20-102(2), C.R.S.

2. "Certificate holder" or "certificant" means as defined in section 12-20-102(3), C.R.S.

3. "Civil judgment" means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence.

4. "Criminal judgment" means criminal conviction as defined in Rule 1.1.

5. "Licensee" means as defined in section 12-20-102(10), C.R.S.

6. "Regulator" means as defined in section 12-20-102(14), C.R.S.

B. The regulator shall not deny certification to an applicant or impose disciplinary action against an individual's certificate based solely on a civil or criminal judgment against the applicant or certificate holder regarding the consumption, possession, cultivation, or processing of marijuana so long as the actions are lawful and consistent with professional conduct and standards of care within Colorado and did not otherwise violate Colorado law.

C. The regulator shall not deny certification to an applicant or impose disciplinary action against an individual's certificate based solely on a professional disciplinary action against the applicant's or certificate holder's professional certification in this, or any other state or US territory so long as the professional disciplinary action is based solely on the applicant's or certificate holder's consumption, possession, cultivation, or processing of marijuana and did not otherwise violate Colorado law.

Notes

4 CCR 748-1.27

37 CR 21, November 10,2014, effective 11/30/2014 38 CR 15, August 10, 2015, effective 8/30/2015 43 CR 03, February 10, 2020, effective 1/1/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 19, October 10, 2020, effective 8/30/2020 43 CR 19, October 10, 2020, effective 9/9/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 09, May 10, 2021, effective 5/30/2021 45 CR 17, September 10, 2022, effective 8/15/2022 45 CR 16, August 25, 2022, effective 9/14/2022 45 CR 22, November 25, 2022, effective 10/26/2022 45 CR 23, December 10, 2022, effective 11/11/2022 45 CR 21, November 10, 2022, effective 11/30/2022 46 CR 02, January 25, 2022, effective 1/9/2023