Current through Register Vol. 48, No. 6, March 25, 2025
The statutory authority for this rule includes but is not
limited to sections
44-10-203(2)(h),
44-10-203(1)(k),
44-10-203(2)(e),
44-10-313(14),
and 44-10-1001, C.R.S. Authority also
exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VI).
The purpose of this rule is to ensure adequate control of the Licensed Premises
and Regulated Marijuana contained therein. This rule also establishes the
minimum guidelines for security requirements for video surveillance systems for
maintaining adequate security. This Rule 3-225 was previously Rules M and R
306, 1 CCR
212-1 and
1 CCR
212-2.
A.
Minimum Requirements. The following video surveillance
requirements shall apply to all Regulated Marijuana Businesses, unless stated
otherwise in these rules.
1. Prior to
exercising the privileges of a Regulated Marijuana Business, an Applicant must
install a fully operational video surveillance and camera recording system. The
recording system must record in digital format and meet the requirements
outlined in this Rule.
2. All video
surveillance records and recordings must be stored in a secure area that is
only accessible to a Licensee's employees.
3. Video surveillance records and recordings
must be made available upon request to the Division, the relevant Local
Licensing Authority or Local Jurisdiction, or any other state or local law
enforcement agency for a purpose authorized by the Marijuana Code or for any
other state or local law enforcement purpose. A Licensee may access video
surveillance records and recordings remotely to meet the requirements of this
rule.
4. Video surveillance records
and recordings of point-of-sale areas shall be held in confidence by all
employees and representatives of the Division, except that the Division may
provide such records and recordings to the Local Licensing Authority or Local
Jurisdiction, or any other state or local law enforcement agency for a purpose
authorized by the Marijuana Code, or for any other state or local law
enforcement purpose.
B.
Video Surveillance Equipment.
1. Video surveillance equipment shall, at a
minimum, consist of digital or network video recorders, cameras capable of
meeting the recording requirements described in this Rule, and a minimum of one
on-premises video monitor.
3. Licensees are
responsible for ensuring that all surveillance equipment is properly
functioning, maintained, and equipped with a failure notification system that
provides prompt notification to the Licensee of any prolonged surveillance
interruption and/or the complete failure of the surveillance system. The
playback quality must be suitable for viewing and the surveillance equipment is
capturing the identity of all individuals and activities in the monitored
areas.
4. All video surveillance
equipment shall have sufficient battery backup or other uninterrupted power
supply to support a minimum of two hours of recording in the event of a power
outage. Licensees must notify the Division of any loss of video surveillance
capabilities that extend beyond four hours.
C.
Placement of Cameras and
Required Camera Coverage.
1.
Camera coverage is required for all areas identified as Restricted Access Areas
or Limited Access Areas, point-of-sale areas, security rooms, all points of
ingress and egress to Limited Access Areas, all areas where Regulated Marijuana
is displayed for sale, and all points of ingress and egress to the exterior of
the Licensed Premises.
2. Camera
placement shall be capable of identifying activity occurring within 20 feet of
all points of ingress and egress and shall allow for the clear and certain
identification of any individual and activities on the Licensed
Premises.
3. At each point-of-sale
location, camera coverage must enable recording of the facial features of
patients, caregivers or consumer(s), and employee(s) with sufficient clarity to
determine identity.
4. All
entrances and exits to the facility shall be recorded from both indoor and
outdoor vantage points.
5. The
system shall be capable of recording all pre-determined surveillance areas in
any lighting conditions. If the Licensed Premises has a Regulated Marijuana
cultivation area, a rotating schedule of lighted conditions and
zero-illumination can occur as long as ingress and egress points to Flowering
areas remain constantly illuminated for recording purposes.
6. Areas where Regulated Marijuana is grown,
sampled, tested, cured, manufactured, researched, or stored shall have camera
placement in the room facing the primary entry door at a height which will
provide a clear unobstructed view of activity without sight blockage from
lighting hoods, fixtures, or other equipment.
7. Cameras shall also be placed at each
location where weighing, packaging, transport preparation, processing, or
tagging activities occur.
8. At
least one camera must be dedicated to record the access points to the secured
surveillance recording area.
9. All
outdoor cultivation areas must meet the same video surveillance requirements
applicable to any other indoor Limited Access Areas.
D.
Location and Maintenance of
Surveillance Equipment.
1. The
surveillance room or surveillance area shall be a Limited Access
Area.
2. Surveillance recording
equipment must be housed in a designated, locked, and secured room or other
enclosure with access limited to authorized employees, agents of the Division,
and the relevant Local Licensing Authority or Local Jurisdiction, state or
local law enforcement agencies for a purpose authorized by the Marijuana Code
or for any other state or local law enforcement purpose, and service personnel
or contractors.
3. Licensees must
keep a current list of all authorized employees and service personnel who have
access to the surveillance system and/or room on the Licensed Premises.
Licensees must keep a surveillance equipment maintenance activity log on the
Licensed Premises to record all service activity including the identity of the
individual(s) performing the service, the service date and time and the reason
for service to the surveillance system.
4. Off-site Monitoring and video recording
storage of the areas identified in this Rule 3-225(C) by the Licensee or an
independent third-party is authorized as long as standards exercised at the
remote location meet or exceed all standards for on-site Monitoring.
5. Each Regulated Marijuana Business Licensed
Premises located in a common or shared building, or commonly owned Regulated
Marijuana Businesses located in the same Local Jurisdiction, must have a
separate surveillance room/area that is dedicated to that specific Licensed
Premises. Commonly-owned Regulated Marijuana Businesses located in the same
Local Jurisdiction may have one central surveillance room located at one of the
commonly owned Licensed Premises which simultaneously serves all of the
commonly-owned Licensed Premises. The facility that does not house the central
surveillance room is required to have a review station, printer, and map of
camera placement on the premises. All minimum requirements for equipment and
security standards as set forth in this section apply to the review
station.
6. Licensed Premises that
combine both a Medical Marijuana Business and a Retail Marijuana Business may
have one central surveillance room located at the shared Licensed Premises.
See Rule 3-215 - Regulated Marijuana Businesses: Shared
Licensed Premises and Operational Separation.
E.
Video Recording and Retention
Requirements.
1. All camera views
of all Limited Access Areas must be continuously recorded 24 hours a day. The
use of motion detection is authorized when a Licensee can demonstrate that
monitored activities are adequately recorded.
2. All surveillance recordings must be kept
for a minimum of 30 days and be in a format that can be easily accessed for
viewing. Video recordings must be archived in a format that ensures
authentication of the recording as legitimately captured video and guarantees
that no alteration of the recorded image has taken place.
4. The date and time must be embedded on all
surveillance recordings without significantly obscuring the picture. The date
and time must synchronize with any point-of-sale system.
5. Time is to be measured in accordance with
the official United States time established by the National Institute of
Standards and Technology and the U.S. Naval Observatory at:
http://www.time.gov.
6. After the 30-day surveillance video
retention schedule has lapsed, surveillance video recordings must be erased or
destroyed prior to: sale or transfer of the facility or business to another
Licensee; or being discarded or disposed of for any other purpose. Surveillance
video recordings may not be destroyed if the Licensee knows or should have
known of a pending criminal, civil, or administrative investigation, or any
other proceeding for which the recording may contain relevant
information.
F.
Other Records.
1.
All records applicable to the surveillance system shall be maintained on the
Licensed Premises. At a minimum, Licensees shall maintain a map of the camera
locations, direction of coverage, camera numbers, surveillance equipment
maintenance activity log, user authorization list, and operating instructions
for the surveillance equipment.
2.
A chronological point-of-sale transaction log must be made available to be used
in conjunction with recorded video of those transactions.