50-46-305. (Effective January 1, 2020) Canopy tiers -- requirements. The department shall license providers and marijuana-infused products providers according to a tiered canopy system.
(1) A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
(2) A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
(3) A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
(4) A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
(5) A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
(6) A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
(7) A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
(8) A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
(9) A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
(10) A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
(11) A provider or marijuana-infused products provider who has reached capacity under the provider's existing license may apply to advance to the next licensing tier. The department:
(a) may only increase a licensure level by one tier at a time; and
(b) shall conduct an inspection of the provider's or marijuana-infused products provider's registered premises and proposed premises before approving the application.
(12) The department may create additional licensing tiers by rule if a provider with a tier 9 canopy license petitions the department to create a new licensure level and:
(a) the provider demonstrates that the provider is using the full amount of canopy currently authorized; and
(b) the tracking system shows the provider is selling at least 80% of the marijuana or marijuana-infused products produced by the square footage of the provider's existing license.
(13) The registered premises limitations for each tier of licensing apply only to registered premises at which marijuana is cultivated. The limitations do not apply to the number of dispensaries a provider or marijuana-infused products provider may have.
(14) The department's application for the canopy system must require evidence that the provider is able to successfully cultivate the minimum amount of space allowed for the tier and sell the amount of marijuana produced by the minimum cultivation level.
(15) A provider or marijuana-infused products provider that has not been issued a license before January 1, 2020, must be initially licensed under a micro tier canopy license or a tier 1 canopy license. The provider or marijuana-infused products provider may apply to advance to the next licensing tier as provided in subsection (11).