MED ISSUES GUIDANCE ON EMERGENCY RULES FOR “PUBCO” BILL
Friends,
On September 3, the Colorado Marijuana Enforcement Division (the “MED”) issued guidance FOR the emergency rules implementing HB-1090, commonly known as the “Pubco Bill,” which goes into effect November 1.
Much of the publicity and activity concerning implementation of HB-1090 and the emergency rules has focused on publicly traded entities and private equity funds taking ownership of licensees. However, many of the new rules affect all licensees, regardless of their ownership structure, so the MED’s guidance discussed a range of issues:
- The MED reiterated its guidance from June that, since the adoption of the emergency rules, licensees may enter into binding agreements with “Publicly Traded Corporations” and “Qualified Private Funds,” provided that “no control of the Licensee may transfer” to such potential buyers, and no funds are transferred between buyer and seller without approval of the transaction by the MED after November 1st.
- The MED will begin accepting applications for ownership by Publicly Traded Corporations and Qualified Private Funds on November 1. Updated application forms will be available on or before November 1.
- Until November 1, for licensees adding “Controlling Beneficial Owners” (“CBOs”) (generally, owners of 10% or more of a licensee), applicants should submit the MED’s current forms for Associated Key License and Change of Owner.
- CBOs who are out of state residents are no longer required to first obtain a “non-resident finding of suitability” prior to submitting other required applications such as Associated Key or Change of Owner.
- Applications and pre-approval are no longer required for Passive Beneficial Owners (“PBOs”) (those owning less than 10% of a licensee). Instead, licensees need only disclose PBOs to the MED.
- The MED will no longer accept applications for Permitted Economic Interests and Commercially Reasonable Royalties as they longer require approval from the MED, but are now subsumed within the category of “Indirect Financial Interest Holder,” which instead require only disclosure to the MED in certain instances.
Further information concerning the new rules can be found on the MED’s 2019 rulemaking web page.
If you have questions or need advice concerning the emergency rules or any other issue concerning the regulated cannabis industry, please contact McAllister Garfield.
Sincerely,
Dan Garfield
Related Article

August 2025 Psychedelic Law Update
Status of Colorado Model State Screening Forms For many months, DORA has been promising to release the model screening forms that will satisfy the requirements of the Natural Medicine Health Act to conduct a psilocybin healing administration session under the state regulated program. However, the models forms have not yet been finalized or released. There […]

July 2025 Psychedelic Law Update
Denver Local Natural Medicine Licenses Now Available The City of Denver is requiring a local license fornatural medicine healing centers that allow original facilitators to practice as a result of Denver City Council unanimously approvingCouncil Bill 25-0132in March. Healing centers with only clinical facilitators are exempt from the local licensing requirements. Natural medicine cultivating, manufacturing […]

June 2025 Psychedelic Law Update
NMHA System is Live with Licensing of Testing Facility – Medicine available With the licensing of the first testing facility in Colorado, the regulated natural medicine supply chain is complete and the program is fully launched for operations. The state issued a compliance tip guidance on testing. See the guidance here. McAllister Law has a list […]