Stakeholder Work Group Meeting-Retail Marijuana Average Market Rate Categories

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The Colorado Department of Revenue, Division of Taxation, is convening a stakeholder workgroup on October 14, 2021 at 10:00 A.M. to discuss retail marijuana excise tax average market rate categories. Various stakeholders have requested new average market rate categories be added. As a result, the Department would like to gather information to evaluate the existing and proposed average market rate categories. Specifically, information on the following questions would be helpful:

  • Should the Department consider adding additional categories? If so, how should those categories be defined? Why are the existing categories inadequate?
  • Should the Department consider amending the definition of any existing categories?  If so, how should the definitions be changed?  What is the intended result of the change, or the reason the existing definition is incorrect or unclear?
  • Should the Department consider consolidating or eliminating any of the existing categories? Why should the categories be consolidated? Why is the category no longer necessary?

Furthermore, the Department would appreciate any available market data that may aid in its evaluation of the impacts and feasibility of the proposed changes including:

  • The number of licensees transacting products within a new or modified category;
  • The volume of transactions per quarter among unaffiliated licensees for products in a new or modified category; and
  • Estimates of the current average market rate for a new or modified category.

The agenda for the workgroup lists discussion topics identified by stakeholders and the Department. If you have additional topics you wish to discuss regarding the average market rate categories or suggested average market rate categories you believe the workgroup should consider, please send those suggestions by email to

This stakeholder workgroup meeting will be conducted entirely by telephone and video conference, and will be recorded. The Department has created a Virtual Rulemaking Workgroup Guide that provides additional guidance for participants. Please email to request video conference information. Additional information on how to participate in the workgroup is discussed below.

What is a stakeholder workgroup?

A stakeholder workgroup is a forum for the Department to gather information from stakeholders for the development of new rules or for the revision of existing rules. Stakeholder workgroups occur in advance of a rulemaking hearing and may or may not incorporate draft rules. The workgroup consists of individuals who have knowledge of the issues being discussed. The workgroup members will be asked to provide their input and insight, along with constructive feedback and suggestions, in an open discussion format.

How to participate?

  1. Attend the workgroup meeting scheduled for October 14, 2021.  No registration is required. Stakeholders willing to share their knowledge on the workgroup topic are encouraged to attend and participate. Even if you can attend the workgroup meeting, written comments with specific language to be added to, removed from, or changed in the rules are strongly encouraged. Workgroups are currently being conducted virtually using the Zoom platform. Video conferencing equipment, and an adequate Internet connection, are recommended but not required (participation by video is optional). Workgroup meetings are recorded, and may be reviewed afterward by those who are unavailable at the scheduled meeting time. 

Email to request video conference information or to obtain access to the recording.

Connecting through the Zoom website or desktop client offers additional features even if participants choose to leave their cameras off (participation by video is optional).

Stakeholders wishing to attend or participate by teleconference should connect as follows:

Phone Number: 1 (669) 900-6833

Meeting ID: 832 3518 0329

  1. Submit written comments on the categories by October 14, 2021. Prior to commenting, review the existing rules and the related statutes. Then provide feedback or input on necessary changes or additions to the rules or any guidance that needs to be included in the rules. All feedback is welcome, but the most useful feedback includes specific language to be added to, removed from, or changed in the rules, and the statutory basis for the changes.  Comments should be submitted by email to Written comments are encouraged even if you are able to attend the workgroup meeting.