Public Health Inspection

Medical marijuana dispensaries which engage in food preparation or sell regulated food within the City and County of Denver are required to obtain the appropriate license from the Denver Department of Excise and Licenses.  Facilities which sell only prepackaged, non-potentially hazardous food are not required to obtain a retail food license. Facilities which manufacture or package marijuana infused food must obtain a retail food license or other license appropriate to the food operations that are conducted.  Facilities licensed to sell and/or prepare food must comply with the Denver Retail Food Establishment Rules and Regulations which are enforced by the Department of Environmental Health, Public Health Inspections Division. This includes medical marijuana infused food.

All food preparation, including marijuana infused food, must take place in a licensed and inspected kitchen. Dispensaries that sell regulated food, and a licensed kitchen is not present in the facility, must prepare the food in an approved commissary kitchen. A commissary kitchen is a licensed, inspected kitchen in which multiple licensees prepare food.  After applying for the appropriate license with the Department of Excise and Licenses, a completed Affidavit of Commissary form must be submitted to the Public Health Inspections Division of the Denver Department of Environmental Health to receive approval to manufacture food off premises. There are some restrictions for using a commissary that possess a liquor license. Contact the Denver Department of Excise and Licenses for more information regarding these restrictions. If a previously licensed kitchen is not located in the dispensary, drawings must be submitted for review and approval to the Department of Community Planning and Development. The construction requirements for a kitchen in which medical marijuana infused food is prepared are the same as those for a retail food establishment. Once the final construction is approved, a license to manufacture food at that location may be issued.

All prepackaged food sold in regulated facilities must bear proper labels and must be obtained from licensed food manufacturers. Labeling requirements are listed in the FDA Food Labeling Guide which is available in the Food Safety Resources and Forms. Food packaged from a bulk container for an immediate customer order does not require a label.

The food must be received, stored, and displayed in a manner that protects it from contamination. If potentially hazardous food is sold, the appropriate food license must be obtained. Potentially hazardous food includes ice cream, cheesecake, or other food that supports the growth of bacteria. Potentially hazardous food must be stored in approved, commercial equipment that will hold cold food at 41° F or colder or hold hot food at 135° F or hotter. 
 

There may be other State or Federal laws which apply to medical marijuana food operations. The Colorado Department of Revenue is a resource for this information.