Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0901.02 Jery Payne x2157
SENATE BILL 22-205
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS101
THAT MAY POTENTIALLY CAUSE A PERSON TO BECOME102
INTOXICATED WHEN USED .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 2 of the bill prohibits:
! The manufacture, sale, offering for sale, storage, or
delivery of an adult use cannabis product that is not
manufactured by a person licensed under the "Colorado
Marijuana Code" (license holder);
SENATE SPONSORSHIP
Coram and Fenberg,
HOUSE SPONSORSHIP
Valdez A.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! The manufacture, sale, offering for sale, storage, or
delivery of a product containing industrial hemp that is for
human consumption and that is not food, a cosmetic, a
dietary supplement, a food additive, an herb, or an
over-the-counter drug that contains industrial hemp; and
! The manufacture, sale, offering for sale, storage, or
delivery of an industrial hemp product that was not
manufactured by a registered wholesale food manufacturer.
Section 3 imposes a civil penalty of up to $10,000 for:
! Manufacturing, selling, offering for sale, storing, or
delivering an adult use cannabis product that is not
manufactured by a license holder; and
! Violating a permit requirement for industrial hemp
products established by rule.
These penalties are credited to the the wholesale food manufacturing and
storage protection cash fund.
Section 4 prohibits a political subdivision of Colorado from
promulgating or enforcing additional duties for or standards for food
safety applicable to premises or places where industrial hemp products
are held for distribution, produced, manufactured, packed, processed,
prepared, treated, packaged, or transported.
Current law authorizes the department of public health and
environment (department) to require permits for manufacturing food that
may be contaminated so that it is injurious to health. The department may
establish standards for the permits and manufacturing. Section 5:
! Adds dietary supplements, food additives, cosmetics, and
industrial hemp products to this provision;
! Adds that an ingredient that is injurious to health also
authorizes the department to require a permit.
Section 6 requires a political subdivision of Colorado to get
department approval to perform food safety inspections at facilities used
to store, manufacture, produce, pack, process, treat, package, or transport
industrial hemp products.
Current law declares industrial hemp products not adulterated
unless the product violates certain provisions. Section 7 adds that an
industrial hemp product is deemed adulterated if the product is an adult
use cannabis product and is not manufactured by a license holder. Section
7 authorizes a wholesale food manufacturing facility to sell, produce, or
possess products containing artificially derived cannabinoids only if:
! The facility is registered;
! The product is an industrial hemp product;
! The product is not intoxicating; and
! Prior to distribution and sale, the manufacturing facility has
provided the marijuana enforcement division (division)
samples and information concerning the product.
SB22-205
-2- Section 9 authorizes the division to promulgate rules, with the
technical assistance of the department, to define the amount of one or
more tetrahydrocannabinols that results in the designation of a product as
an adult use cannabis product. Section 9 also requires the division to
promulgate rules to regulate the manufacturing, distribution, and sale of
adult use cannabis products as retail marijuana products.
Section 10 prohibits a retail marijuana store from offering for sale
or accepting an adult use cannabis product that was not properly
designated as and transferred to it by a licensed retail marijuana products
manufacturer or accelerator manufacturer.
Section 11 prohibits a retail marijuana manufacturer from
transferring an adult use cannabis product unless the person holds the
appropriate license under the "Colorado Marijuana Code".
Section 12 makes it a deceptive trade practice to violate the
provisions of the bill that apply to hemp, cannabis, or anything made from
hemp or cannabis.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-5-402, add (8.5),2
(13.5), and (13.6) as follows:3
25-5-402. Definitions. As used in this part 4, unless the context4
otherwise requires:5
(8.5) "D
IETARY SUPPLEMENT" MEANS A PRODUCT INTENDED FOR6
INGESTION THAT CONTAINS A DIETARY INGREDIENT , WHICH IS A:7
(a) V
ITAMIN, MINERAL, HERB, OR OTHER BOTANICAL;8
(b) A
MINO ACID; OR 9
(c) D
IETARY SUBSTANCE INTENDED TO SUPPLEMENT THE DIET BY10
INCREASING THE TOTAL DIETARY INTAKE .11
(13.5) "I
NDUSTRIAL HEMP PRODUCT" MEANS A FINISHED PRODUCT12
CONTAINING INDUSTRIAL HEMP , AS DEFINED IN SECTION 35-61-101 (7),13
THAT:14
(a) I
S A COSMETIC, DIETARY SUPPLEMENT, FOOD, FOOD ADDITIVE,15
OR HERB;16
SB22-205-3- (b) IS A TOPICAL OVER-THE-COUNTER DRUG THAT CONTAINS1
INDUSTRIAL HEMP AS AN INACTIVE INGREDIENT ;2
(c) I
S FOR HUMAN USE OR CONSUMPTION ;3
(d) C
ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING4
NATURALLY OCCURRING CANNABINOIDS , COMPOUNDS, CONCENTRATES,5
EXTRACTS, ISOLATES, OR RESINS;6
(e) C
ONTAINS A TETRAHYDROC ANNABINOL CONCENTRATION OF NO7
MORE THAN THREE-TENTHS OF ONE PERCENT; AND8
(f) C
ONTAINS AN AMOUNT OF TETR AHYDROCANNABINOL THAT IS9
LESS THAN OR EQUAL TO THE LOWER LIMIT OF :10
(I) E
ACH LIMIT ESTABLISHED BY RULE IN ACCORDANCE WITH11
SECTION 44-10-203 (3)(i); OR12
(II) A
COMBINED LIMIT OF TWO MILLIGRAMS PER SERVING AND13
TWENTY MILLIGRAMS PER CONTAINER FOR FOOD , INCLUDING A BEVERAGE,14
FOOD ADDITIVE, HERB, OR DIETARY SUPPLEMENT.15
(13.6) "I
NDUSTRIAL HEMP TINCTURE" MEANS A LIQUID INDUSTRIAL16
HEMP PRODUCT THAT IS ADMINISTERED ORALLY USING A MEASURING17
DEVICE, SUCH AS A DROPPER.18
SECTION 2. In Colorado Revised Statutes, 25-5-403, amend (1)19
introductory portion; and add (1)(m), (1)(n), and (1)(o) as follows:20
25-5-403. Offenses. (1) The following acts and the
causing21
thereof THE FOLLOWING ACTS within this state are prohibited:22
(m) M
ANUFACTURING, SELLING, DELIVERING, OR HOLDING OR23
OFFERING FOR SALE A PRODUCT THAT CONTAINS LEVELS OF24
TETRAHYDROCANNABINOLS RESULTIN G IN AN ADULT USE CANNABIS25
PRODUCT, AS DEFINED IN SECTION 44-10-103 (6.2), THAT IS NOT26
MANUFACTURED BY A PERSON LICENSED UNDER ARTICLE 10 OF TITLE 44;27
SB22-205
-4- (n) MANUFACTURING, SELLING, DELIVERING, OR HOLDING OR1
OFFERING FOR SALE A PRODUCT CONTAINING INDUSTRIAL HEMP THAT IS2
FOR HUMAN CONSUMPTION AND THAT IS NOT FOOD , A COSMETIC, A3
DIETARY SUPPLEMENT, A FOOD ADDITIVE, AN HERB, OR A TOPICAL4
OVER-THE-COUNTER DRUG THAT CONTAINS INDUSTRIAL HEMP ; OR5
(o) M
ANUFACTURING, SELLING, DELIVERING, OR HOLDING OR6
OFFERING FOR SALE AN INDUSTRIAL HEMP PRODUCT THAT WAS NOT7
MANUFACTURED BY A WHOLESALE FOOD MANUFACTURER REGISTERED8
UNDER SECTION 25-5-426 (4)(b).9
SECTION 3. In Colorado Revised Statutes, 25-5-405, add (5),10
(6), and (7) as follows:11
25-5-405. Penalties. (5) I
N ADDITION TO THE CRIMINAL PENALTY12
IN SUBSECTION (1) OF THIS SECTION, A PERSON WHO VIOLATES SECTION13
25-5-403 (1)(m)
IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN14
THOUSAND DOLLARS PER VIOLATION .15
(6) A
PERSON WHO VIOLATES PERMIT REQUIREMENTS FOR16
INDUSTRIAL HEMP PRODUCTS ESTABLISHED BY RULE IMPLEMENTING17
SECTION 25-5-412 IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN18
THOUSAND DOLLARS PER VIOLATION .19
(7) T
HE DEPARTMENT SHALL TRANSMIT ALL PENALTIES COLLECTED20
UNDER SUBSECTIONS (5) AND (6) OF THIS SECTION TO THE STATE21
TREASURER, WHO SHALL CREDIT THEM TO THE WHOLESALE FOOD22
MANUFACTURING AND STORAGE PROTECTION CASH FUND CREATED IN23
SECTION 25-5-426 (5).24
SECTION 4. In Colorado Revised Statutes, 25-5-409, add (3) as25
follows:26
25-5-409. Regulations. (3) I
N ACCORDANCE WITH SECTIONS27
SB22-205
-5- 30-15-401 (1.7) AND 31-15-501 (1)(r), A POLITICAL SUBDIVISION OF1
C
OLORADO SHALL NOT PROMULGATE OR ENFORCE ADDITIONAL DUTIES2
FOR OR STANDARDS FOR FOOD SAFETY APPLICABLE TO PREMISES OR3
PLACES WHERE INDUSTRIAL HEMP PR ODUCTS ARE HELD FOR DISTRIBUTION ,4
PRODUCED, MANUFACTURED, PACKED, PROCESSED, PREPARED, TREATED,5
PACKAGED, OR TRANSPORTED.6
SECTION 5. In Colorado Revised Statutes, 25-5-412, amend (1)7
as follows:8
25-5-412. Issuance of permits - rules. (1) Whenever the9
department finds, after investigation, that the distribution in this state of10
any class of food,
DIETARY SUPPLEMENT, COSMETIC, OR INDUSTRIAL HEMP11
PRODUCT may, by reason of contamination with microorganisms during
12
manufacture, processing, or packing thereof in any locality, be, OR BY THE13
ADDITION OF AN INGREDIENT IS, injurious to health and that such THE14
injurious nature cannot be adequately determined after such THE articles15
have entered commerce, it THE DEPARTMENT, then and in such A case16
only, shall promulgate regulations RULES providing for the issuance OF17
PERMITS to manufacturers, processors, or packers of such THE class of18
food, in such locality of permits to which shall be attached DIETARY19
SUPPLEMENT, COSMETIC, OR INDUSTRIAL HEMP PRODUCT . THE20
DEPARTMENT MAY ATTACH such conditions governing the manufacture,21
processing, or packing of such THE class of food, DIETARY SUPPLEMENT,22
COSMETIC, OR INDUSTRIAL HEMP PRODUCT , AS NECESSARY TO PROTECT23
PUBLIC HEALTH AND for such temporary period of time as may be24
necessary to protect the public health. and, After the effective date of25
such regulations THE RULES and during such THE temporary period, no26
person shall introduce or deliver for introduction into commerce any such27
SB22-205
-6- THE food, manufactured, processed, or packed by any such manufacturer,1
processor, or packer DIETARY SUPPLEMENT, COSMETIC, OR INDUSTRIAL2
HEMP PRODUCT, unless such THE manufacturer, processor, or packer holds3
a permit issued by the department as provided REQUIRED by such4
regulations THE RULES.5
SECTION 6. In Colorado Revised Statutes, 25-5-421, add (5) as6
follows:7
25-5-421. Inspections. (5) W
ITHOUT THE APPROVAL OF THE8
DEPARTMENT, A POLITICAL SUBDIVISION OF COLORADO SHALL NOT9
PERFORM INSPECTIONS FOR FOOD SAFETY AT PREMISES OR PLACES WHERE10
INDUSTRIAL HEMP PRODUCTS FOR HUMAN CONSUMPTION ARE HELD FOR11
DISTRIBUTION, PRODUCED, MANUFACTURED , PACKED, PROCESSED,12
PREPARED, TREATED, PACKAGED, TRANSPORTED.13
SECTION 7. In Colorado Revised Statutes, 25-5-426, amend14
(4)(d); repeal (2)(c) and (2)(g.5); and add (2)(g.7) and (4)(e) as follows:15
25-5-426. Wholesale food manufacturing and storage -16
definitions - legislative declaration - fees - cash fund. (2) As used in17
this section, unless the context otherwise requires:18
(c) "Dietary ingredient" means one or any combination of a
19
vitamin, mineral, herb or other botanical, amino acid, and a substance20
such as an enzyme, organ tissue, glandular, or metabolite.21
(g.5) "Industrial hemp product" means a finished product22
containing industrial hemp that:23
(I) Is a cosmetic, food, food additive, or herb;24
(II) Is for human use or consumption;25
(III) Contains any part of the hemp plant, including naturally26
occurring cannabinoids, compounds, concentrates, extracts, isolates,27
SB22-205
-7- resins or derivatives; and1
(IV) Contains a delta-9 tetrahydrocannabinol concentration of no2
more than three-tenths of one percent.3
(g.7) "I
NTOXICATING CANNABINOID" HAS THE MEANING SET FORTH4
IN SECTION 44-10-103 (22.5).5
(4) (d) Industrial hemp products produced by wholesale food6
manufacturing facilities registered in accordance with this subsection (4)7
shall not be
ARE NOT deemed adulterated, as defined in sections 25-5-4108
and 25-5-416, unless the products:9
(I) Meet one or more of the criteria set forth in section 25-5-41010
or 25-5-416;
OR11
(II) A
RE ADULT USE CANNABIS PRODUCTS , AS DEFINED IN SECTION12
44-10-103
(6.2), THAT ARE NOT MANUFACTURED BY A PERSON LICENSED13
UNDER ARTICLE 10 OF TITLE 44 AS EITHER A RETAIL MARIJUANA PRODUCTS14
MANUFACTURER OR ACCELERATOR MANUFACTURER , AS THOSE TERMS ARE15
DEFINED IN SECTION 44-10-103 (62) AND (4), RESPECTIVELY.16
(e) A
WHOLESALE FOOD MANUFACTURING FACILITY MAY SELL ,17
PRODUCE, OR POSSESS PRODUCTS CONTAINING ARTIFICIALLY DERIVED18
CANNABINOIDS, AS DEFINED IN SECTION 44-10-103 (8.5), ONLY IF:19
(I) T
HE FACILITY IS REGISTERED IN ACCORDANCE WITH THIS20
SUBSECTION (4);21
(II) T
HE PRODUCT IS AN INDUSTRIAL HEMP PRODUCT ;22
(III) T
HE PRODUCT IS NOT AN INTOXICATING CANNABINOID , AS23
DEFINED IN SECTION 44-10-103 (22.5); AND24
(IV) P
RIOR TO DISTRIBUTION AND SALE, THE MANUFACTURING25
FACILITY HAS COMPLIED WITH THE RULES IMPLEMENTING SECTION26
44-10-203 (10)(i)
AND (10)(j).27
SB22-205
-8- SECTION 8. In Colorado Revised Statutes, 44-10-103, amend1
(22); and add (6.2), (8.5), (22.5), and (70) as follows:2
44-10-103. Definitions - rules. As used in this article 10, unless3
the context otherwise requires:4
(6.2) "A
DULT USE CANNABIS PRODUCT " MEANS:5
(a) A
N INTOXICATING CANNABINOID , INCLUDING ANY6
ARTIFICIALLY DERIVED CANNABINOID THAT IS AN INTOXICATING7
CANNABINOID;8
(b) A
N ARTIFICIALLY DERIVED CANNABINOID THAT IS NOT AN9
INDUSTRIAL HEMP PRODUCT;10
(c) A
PRODUCT DERIVED FROM INDUSTRIAL HEMP THAT IS NOT AN11
INDUSTRIAL HEMP PRODUCT; OR12
(d) A
NY OTHER CHEMICAL SUBSTANCE THAT IS NOT DEFINED IN13
THIS ARTICLE 10 AND THAT IS IDENTIFIED BY RULE PROMULGATED BY THE14
STATE LICENSING AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT15
OF PUBLIC HEALTH AND ENVIRONMENT AND THE DEPARTMENT OF16
AGRICULTURE.17
(8.5) (a) "A
RTIFICIALLY DERIVED CANNABINOID " MEANS A18
CHEMICAL SUBSTANCE CREATED BY A CHEMICAL REACTION THAT19
CHANGES THE MOLECULAR STRUCTURE OF A CHEMICAL SUBSTANCE20
DERIVED FROM THE PLANT CANNABIS .21
(b) "A
RTIFICIALLY DERIVED CANNABINOID" DOES NOT INCLUDE A22
NATURALLY OCCURRING CHEMICAL SUBSTANCE THAT : 23
(I) I
S SEPARATED BY A CHEMICAL OR MECHANICAL EXTRACTION24
PROCESS AS PERMITTED BY THE RULES PROMULGATED PURSUANT TO THIS25
ARTICLE 10; OR26
(II) A
CANNABINOID THAT IS PRODUCED BY DECARBOXYLATION27
SB22-205
-9- FROM NATURALLY OCCURRING CANNABINOID ACID WITHOUT THE USE OF1
A CHEMICAL CATALYST AND THAT RESULTS IN NO OTHER CHEMICAL2
CHANGE.3
(22) "Industrial hemp product" means a finished product4
containing industrial hemp that:5
(a) Is a cosmetic, food, food additive, or herb;6
(b) Is for human use or consumption;7
(c) Contains any part of the hemp plant, including naturally8
occurring cannabinoids, compounds, concentrates, extracts, isolates,9
resins, or derivatives; and10
(d) Contains a delta-9 tetrahydrocannabinol concentration of no11
more than three-tenths of one percent on a dry weight basis HAS THE12
MEANING SET FORTH IN SECTION 25-5-402 (13.5).13
(22.5) (a) "I
NTOXICATING CANNABINOID " MEANS A SUBSTANCE14
THAT:15
(I) I
S STRUCTURALLY SIMILAR TO TETRAHYDROCANNABINOLS AND16
TETRAHYDROCANNABINOL -LIKE MOLECULES; AND17
(II) I
NTERACTS OR IS EXPECTED TO INTERACT WITH CANNABINOID18
RECEPTORS.19
(b) "I
NTOXICATING CANNABINOID " INCLUDES:20
(I) A
PRODUCT CONTAINING A TOTAL TETRAHYDROCANNABINOL21
CONCENTRATION GREATER THAN THE AMOUNT SET IN RULE PURSUANT TO22
SECTION 44-10-203 (3)(i);23
(II) C
ARBOXYLATES OF TETRAHYDROCANNAB INOLS , SUCH AS24
DELTA-9-TETRAHYDROCANNABINOLIC ACID AND ESTERS OF25
CANNABINOLIC ACIDS;26
(III) A
LKYL ANALOGS (C-4 OR HIGHER ) OF27
SB22-205
-10- TETRAHYDROCANNAB INOLS , SUCH AS TETRAHYDROCANNABIPHOROL ;1
(IV) H
YDROXYLATED ANALOGS OF TETRAHYDROCANNABINOLS ,2
SUCH AS 11-HYDROXY-DELTA-9-TETRAHYDROCANNABINOL ;3
(V) H
YDROGENATED ANALOGS OF TETRAHYDROCANNABINOLS ,4
SUCH AS HEXAHYDROCANNABINOL ;5
(VI) R
EDUCED ANALOGS , SUCH AS CANNABINOL , OF6
TETRAHYDROCANNABINOLS AND SIMILAR ANALOGS ;7
(VII) A
CETATE ESTERS OF TETRAHYDROCANNABINOLS OR SIMILAR8
ANALOGS, SUCH AS THC-O-ACETATE;9
(VIII) C
OMPOUNDS THAT COMBINE THE STRUCTURAL10
CHARACTERISTICS OF TWO OR MORE OF THE SUBSTANCES LISTED IN11
SUBSECTIONS (22.5)(b)(I) TO (22.5)(b)(VII) OF THIS SECTION; AND12
(IX) A
NY CHEMICAL SUBSTANCE DEFINED AS AN "INTOXICATING13
CANNABINOID" BY RULE OF THE STATE LICENSING AUTHORITY UNDER14
SECTION 44-10-203 (3)(i) OR (10).15
(c) "I
NTOXICATING CANNABINOID " DOES NOT INCLUDE:16
(I) C
ANNABIDIOL, CANNABICHROMENE, AND CANNABIGEROL; AND17
(II) T
HE NATURALLY OCCURING CARBOXYLIC ACID FORM OF18
CANNABIDIOL, CANNABICHROMENE, AND CANNABIGEROL.19
(70) (a) "T
ETRAHYDROCANNABINOL " MEANS THE SUBSTANCE20
CONTAINED IN THE PLANT CANNABIS SP ., IN THE RESINOUS EXTRACTIVES21
OF CANNABIS SP., OR A CARBOXYLIC ACID OF, DERIVATIVE OF, OR ISOMER22
OF THESE SUBSTANCES.23
(b) "T
ETRAHYDROCANNABINOL " INCLUDES:24
(I) D
ELTA-10 TETRAHYDROCANNABINOL AND ISOMERS ;25
(II) D
ELTA-9 TETRAHYDROCANNABINOL AND ISOMERS ;26
(III) D
ELTA-8 TETRAHYDROCANNABINOL AND ISOMERS ;27
SB22-205
-11- (IV) DELTA-7 TETRAHYDROCANNABINOL AND ISOMERS ;1
(V) D
ELTA-6a, 10a TETRAHYDROCANNABINOL AND ISOMERS ; AND2
(VI) E
XO-TETRAHYDROCANNABINOL .3
SECTION 9. In Colorado Revised Statutes, 44-10-203, add (3)(i)4
and (10) as follows:5
44-10-203. State licensing authority - rules - definition. (3) In6
promulgating rules pursuant to this section, the state licensing authority7
may seek the assistance of the department of public health and8
environment when necessary before promulgating rules on the following9
subjects:10
(i) D
EFINING THE AMOUNT , NOT TO EXCEED THE AMOUNT11
DESCRIBED IN SECTION 25-5-402 (13.5)(e), OF ONE OR MORE12
TETRAHYDROCANNABINOLS THAT RESULTS IN THE DESIGNATION OF A13
PRODUCT AS AN ADULT USE CANNABIS PRODUCT . THE STATE LICENSING14
AUTHORITY SHALL CONSIDER AT LEAST THE FOLLOWING FACTORS WHEN15
DETERMINING THE AMOUNT OF TETRAHYDROCANNABINOL THAT MAKES A16
PRODUCT AN ADULT USE CANNABIS PRODUCT :17
(I) T
HE INITIAL AVERAGE AMOUNT OF TETRAHYDROCANNABINOL18
IN INDUSTRIAL HEMP PLANT MATERIAL COMPARED TO REGULATED19
MARIJUANA PLANT MATERIAL ;20
(II) A
NY KNOWN AMOUNTS OF TO TAL TETRAHYDROCANNABINOL21
THAT MAY CAUSE INTOXICATION BASED ON SCIENTIFIC STUDIES ;22
(III)
THE AMOUNTS OF TOTAL TETRAHYDROCA NNABINOL IN23
REGULATED MARIJUANA PRODUCTS MANUFACTURED , MARKETED, AND24
SOLD IN THE REGULATED MARIJUANA MARKET ;25
(IV) T
HE TYPE OF PRODUCT; AND26
(V) W
HETHER THERE SHOULD BE LIMITATIONS ON A PER SERVING ,27
SB22-205
-12- PER CONTAINER, OR PER UNIT BASIS.1
(10) Regulation of adult use cannabis products. T
HE STATE2
LICENSING AUTHORITY SHALL PROMULGATE RULES TO REGULATE THE3
MANUFACTURING, DISTRIBUTION, AND SALE OF AN ADULT USE CANNABIS4
PRODUCT AS A RETAIL MARIJUANA PRODUCT ; EXCEPT THAT AN ADULT USE5
CANNABIS PRODUCT MAY BE DISTRIBUTED OR SOLD IN COMPLIANCE WITH6
SECTION 16 OF ARTICLE XVIII OF THE STATE CONSTITUTION. THE RULES7
MAY INCLUDE:8
(a) E
STABLISHMENT OF A REASONABLE NUMBER OF MILLIGRAMS9
OF CANNABINOL, PER SERVING AND PER CONTAINER , THAT MAKE A10
CANNABINOL PRODUCT AN ADUL T USE CANNABIS PRODUCT ;11
(b) E
STABLISHMENT OF A REASONABLE LIMIT ON THE NUMBER OF12
MILLIGRAMS OF INTOXICATING CANNABINOIDS , PER SERVING AND PER13
CONTAINER, IN ADULT USE CANNABIS PRODUCTS;14
(c) R
EQUIREMENTS FOR THE DISTRIBUTION AND SALE OF ADULT15
USE CANNABIS PRODUCTS AS RETAIL MARIJUANA PRODUCTS ;16
(d) S
TANDARDS FOR MANUFACTURING PROCESSES ;17
(e) S
TANDARDS FOR AND RESTRICTIONS ON THE USE OF SOLVENTS ,18
REAGENTS, ADDITIVES, PROCESSING AIDS, AND OTHER SUBSTANCES USED19
IN THE PRODUCTION OF ADULT USE CANNABIS PRODUCTS AS RETAIL20
MARIJUANA PRODUCTS;21
(f) L
ICENSING REQUIREMENTS;22
(g) T
ESTING PROGRAM REQUIREMENTS ;23
(h) R
EQUIREMENTS FOR AND RESTRICTIONS ON THE PAC KAGING OF ,24
LABELING OF, AND ADVERTISING OF AN ADULT USE CANNABIS PRODUCT ;25
(i) P
ROCEDURES FOR SUBMITTING INFORMATION DEMONSTRATING26
THE SAFETY, TOXICOLOGICAL PROFILE , AND INTOXICATING AND27
SB22-205
-13- NONINTOXICATING EFFECTS OF AN ADULT USE CANNABIS PRODUCT ;1
(j) E
STABLISHMENT OF PROCEDURES FOR DESIGNATING AND2
TRANSFERRING AN ADULT USE CANNABIS PRODUCT AS A RETAIL3
MARIJUANA PRODUCT; AND4
(k) E
STABLISHMENT OF A PERIOD OF TIME FOR A RETAIL5
MARIJUANA PRODUCTS MANUFACTURER OR AN ACCELERATOR6
MANUFACTURER TO COMPLY WITH THE ADULT USE CANNABIS PRODUCTS7
REQUIREMENTS SET BY RULE IN ACCORDANCE WITH THIS SECTION .8
SECTION 10. In Colorado Revised Statutes, 44-10-601, add9
(3)(c)(III) as follows:10
44-10-601. Retail marijuana store license - rules - definitions.11
(3) (c) (III) A
RETAIL MARIJUANA STORE SHALL NOT OFFER FOR SALE OR12
ACCEPT AN ADULT USE CANNABIS PRODUCT THAT WAS NOT PROPERLY13
DESIGNATED AS AND TRANSFERRED TO IT AS A RETAIL MARIJUANA14
PRODUCT BY A RETAIL MARIJUANA PRODUCTS MANUFACTURER OR15
ACCELERATOR MANUFACTURER .16
SECTION 11. In Colorado Revised Statutes, 44-10-603, add17
(11)(c) as follows:18
44-10-603. Retail marijuana products manufacturer license -19
rules - definition. (11) (c) A
RETAIL MARIJUANA PRODUCTS20
MANUFACTURER THAT IS MANUFACTURING AN ADULT USE CANNABIS21
PRODUCT SHALL NOT TRANSFER THAT PRODUCT UNLESS IT IS ESTABLISHED22
AS AND TRANSFERRED AS A RETAIL MARIJUANA PRODUCT TO ANOTHER23
RETAIL MARIJUANA PRODUCTS MANUFACTURER , AN ACCELERATOR24
MANUFACTURER, A RETAIL MARIJUANA STORE , OR AN ACCELERATOR25
STORE.26
SECTION 12. In Colorado Revised Statutes, 6-1-105, add27
SB22-205
-14- (1)(ooo) as follows:1
6-1-105. Unfair or deceptive trade practices. (1) A person2
engages in a deceptive trade practice when, in the course of the person's3
business, vocation, or occupation, the person:4
(ooo) V
IOLATES ANY PROVISION OF PART 4 OF ARTICLE 5 OF TITLE5
25
OR OF ARTICLE 10 OF TITLE 44, AS EITHER APPLIES TO HEMP ,6
INDUSTRIAL HEMP, INDUSTRIAL HEMP PRODUCTS , INTOXICATING HEMP,7
ADULT USE CANNABIS PRODUCTS , THE PLANT CANNABIS SP., OR ANYTHING8
DERIVED FROM OR PRODUCED FROM THE PLANT CANNABIS SP .9
SECTION 13. Effective date - applicability. (1) This act takes10
effect upon passage; except that sections 8 to 12 take effect January 1,11
2023.12
(2) This act applies to offenses committed on or after the effective13
date of this act.14
SECTION 14. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
SB22-205
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