Enforcement
Violation Notices
As part of the Department of Cannabis Regulation’s progressive enforcement process, notices are issued to licensees when deficiencies are identified. These notices range in severity from a Notice of Violation, which gives the Licensee the opportunity to correct violations and pay the corresponding assessed fines to an immediate suspension or revocation of a License. Below, you will find detailed explanations of the types of notices, what actions are required, and the steps you should take if you receive one.
Types of Violation Notices
- Notice of Violation (NOV)
- Download Sample NOV(PDF, 270KB)
- What it is: The NOV is issued when an investigation confirms a violation. Typically, these violations are related but not limited to special events, sales to minors or any other violations to the regulations. In addition, DCR may opt to issue a Notice to Correct (NTC) if it finds that the violations are minor in nature. For more information on Notices to Correct, please see the Notice to Correct section under the Compliance Header and Compliance Inspections subheader. However, if the Licensee fails to correct issues from the NTC or commits a more serious violation, DCR can elevate enforcement action to an NOV and assess fines. An NOV may be appealed within 15 days of its issuance.
- Action Required: Pay the fines, correct the violations within the allotted time frame, and contact the lead investigator to submit evidence of compliance. You may also request an extension of time to comply with the notice by submitting the ENF-3005-FORM(PDF, 341KB), or you may appeal the notice by filing the Administrative Hearing Request Form (ENF-3001-FORM) and paying the appeal fee within 15 days of receiving the NOV.
- Example: Hosting an unlicensed cannabis-related event or failure to comply with operational standards.
- Consequences of Non-Compliance: If violations are not corrected, additional penalties may apply, and the license may be revoked.
- Notice of Suspension (NOS)
- Download Sample NOS(PDF, 237KB)
- What it is: Issued when the violations are an imminent threat to life or public safety, or when the Licensee is conducting commercial cannabis activity without all necessary permits or licenses from the city or state. The NOS suspends operations immediately. DCR must issue a Letter of Reinstatement before operations may resume. An NOS may be appealed within 5 days of its issuance.
- Action Required: Cease all commercial cannabis activity immediately. Correct the violations and, if required, pass a compliance inspection to obtain a Letter of Reinstatement from DCR. You may appeal the NOS by filing the Administrative Hearing Request Form (ENF-3001-FORM(PDF, 383KB)) and paying the appeal fee within 5 days of issuance. If appealed, the hearing must be held within 10 days of the NOS issuance.
- Example: Operating without the necessary state license or city permits.
- Consequences of Non-Compliance: Continued operation under suspension may lead to license revocation.
- Notice of Revocation (NOR)
- Download Sample NOR(PDF, 233KB)
- What it is: The NOR may be issued when violations are severe, persistent, or recurring, or when a suspension notice is not appealed, and the Licensee does not address the violations therein. The DCR may then determine that the license must be permanently revoked. This requires the immediate cessation of all commercial cannabis activity.
- Action Required: Cease all operations. If you wish to appeal the revocation, you must do so within 5 days by filing the Administrative Hearing Request Form (ENF-3001-FORM(PDF, 383KB)) and paying the appeal fee.
- Example: Repeated serious violations despite previous notices.
- Consequences of Non-Compliance: Continued operations may result in criminal penalties.