44-10-207. Authority to seize and destroy marijuana - public health, safety, and welfare

44-10-207. Authority to seize and destroy marijuana - public health, safety, and welfare. (1) (a) The state licensing authority or the state licensing authority's designee may issue an administrative hold on the movement of medical or retail marijuana to prevent the destruction of evidence, diversion, or other threat to public safety pending an investigation of an alleged violation of this article 10 or rules promulgated pursuant to this article 10.

(b) An administrative hold issued pursuant to subsection (1)(a) of this section may be lifted by order of the state licensing authority or the state licensing authority's designee, by agreement between the state licensing authority and the licensee subject to the hold, or in accordance with rules that the state licensing authority promulgates pursuant to section 44-10-203 (2)(h).

(2) (a) The state licensing authority or the state licensing authority's designee may embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action.

(b) (I) The state licensing authority may order the destruction of medical or retail marijuana subject to an embargo after notice and opportunity for a hearing before the state licensing authority or, if delegated by the state licensing authority, a department hearing officer. A hearing held pursuant to this subsection (2)(b) must be held in accordance with section 24-4-105.

(II) If medical or retail marijuana is ordered destroyed pursuant to this subsection (2)(b), the licensee is responsible for completing the destruction in coordination with the state licensing authority and in accordance with this article 10 and rules promulgated pursuant to this article 10.

(III) The licensee is responsible for all expenses related to the embargo and destruction of medical or retail marijuana ordered pursuant to this subsection (2)(b).

(3) The state licensing authority may seek the assistance of the department of public health and environment in connection with an embargo or a hearing seeking destruction of medical or retail marijuana.