1 Colo. Code Regs. § 212-3-9-9020

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-9-9020 - Administrative Warrants

Basis and Purpose - 9020

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-202(1)(c), 44-50-203(1)(b), 44-50-203(2)(l), and 44-50-203(2)(p), C.R.S. The purpose of this rule is to establish the circumstances in which the Division may seek an administrative search warrant for a Natural Medicine Licensee.

A.Criteria. The Division may seek from a district court an administrative search warrant authorizing search and seizure in circumstances in which the Division makes a proper showing that:

1. A Licensee has refused entry of Division investigators during business hours or times of apparent activity;

2. A Licensee subject to an embargo or summary suspension has failed to comply with applicable rules; or

3. A Licensee otherwise has acted in a manner demonstrating willful or deliberate disregard for the Natural Medicine Code or these Rules or that threatens the public health, safety, and welfare.

B.Affidavit. When seeking an administrative search warrant, the Division will supply the district court with a sworn affidavit explaining the bases for seeking the warrant.

C.Seized Property. Neither the Division nor the State Licensing Authority shall cultivate or care for any seized Regulated Natural Medicine. The Division may seize and destroy Regulated Natural Medicine and Regulated Natural Medicine Product pursuant to agreement with the Licensee or may seek from the State Licensing Authority or a district court an order to destroy any seized Regulated Natural Medicine and Regulated Natural Medicine Product.

1 CCR 212-3-9-9020

47 CR 17, September 10, 2024, effective 10/1/2024