7 | | - | ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS THAT |
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8 | | - | MAY POTENTIALLY CAUSE A PERSON TO BECOME INTOXICATED WHEN |
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9 | | - | USED |
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10 | | - | . |
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11 | | - | |
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12 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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| 15 | + | ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS101 |
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| 16 | + | THAT MAY POTENTIALLY CAUSE A PERSON TO BECOME102 |
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| 17 | + | INTOXICATED WHEN USED .103 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | Section 2 of the bill prohibits: |
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| 26 | + | ! The manufacture, sale, offering for sale, storage, or |
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| 27 | + | delivery of an adult use cannabis product that is not |
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| 28 | + | manufactured by a person licensed under the "Colorado |
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| 29 | + | Marijuana Code" (license holder); |
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| 30 | + | HOUSE |
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| 31 | + | Amended 2nd Reading |
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| 32 | + | May 10, 2022 |
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| 33 | + | SENATE |
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| 34 | + | 3rd Reading Unamended |
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| 35 | + | May 6, 2022 |
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| 36 | + | SENATE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | May 5, 2022 |
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| 39 | + | SENATE SPONSORSHIP |
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| 40 | + | Fenberg and Holbert, Fields, Jaquez Lewis, Moreno, Scott |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | Valdez A. and Van Winkle, |
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| 43 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 44 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 45 | + | Dashes through the words indicate deletions from existing statute. ! The manufacture, sale, offering for sale, storage, or |
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| 46 | + | delivery of a product containing industrial hemp that is for |
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| 47 | + | human consumption and that is not food, a cosmetic, a |
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| 48 | + | dietary supplement, a food additive, an herb, or an |
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| 49 | + | over-the-counter drug that contains industrial hemp; and |
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| 50 | + | ! The manufacture, sale, offering for sale, storage, or |
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| 51 | + | delivery of an industrial hemp product that was not |
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| 52 | + | manufactured by a registered wholesale food manufacturer. |
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| 53 | + | Section 3 imposes a civil penalty of up to $10,000 for: |
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| 54 | + | ! Manufacturing, selling, offering for sale, storing, or |
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| 55 | + | delivering an adult use cannabis product that is not |
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| 56 | + | manufactured by a license holder; and |
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| 57 | + | ! Violating a permit requirement for industrial hemp |
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| 58 | + | products established by rule. |
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| 59 | + | These penalties are credited to the the wholesale food manufacturing and |
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| 60 | + | storage protection cash fund. |
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| 61 | + | Section 4 prohibits a political subdivision of Colorado from |
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| 62 | + | promulgating or enforcing additional duties for or standards for food |
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| 63 | + | safety applicable to premises or places where industrial hemp products |
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| 64 | + | are held for distribution, produced, manufactured, packed, processed, |
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| 65 | + | prepared, treated, packaged, or transported. |
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| 66 | + | Current law authorizes the department of public health and |
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| 67 | + | environment (department) to require permits for manufacturing food that |
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| 68 | + | may be contaminated so that it is injurious to health. The department may |
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| 69 | + | establish standards for the permits and manufacturing. Section 5: |
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| 70 | + | ! Adds dietary supplements, food additives, cosmetics, and |
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| 71 | + | industrial hemp products to this provision; |
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| 72 | + | ! Adds that an ingredient that is injurious to health also |
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| 73 | + | authorizes the department to require a permit. |
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| 74 | + | Section 6 requires a political subdivision of Colorado to get |
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| 75 | + | department approval to perform food safety inspections at facilities used |
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| 76 | + | to store, manufacture, produce, pack, process, treat, package, or transport |
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| 77 | + | industrial hemp products. |
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| 78 | + | Current law declares industrial hemp products not adulterated |
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| 79 | + | unless the product violates certain provisions. Section 7 adds that an |
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| 80 | + | industrial hemp product is deemed adulterated if the product is an adult |
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| 81 | + | use cannabis product and is not manufactured by a license holder. Section |
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| 82 | + | 7 authorizes a wholesale food manufacturing facility to sell, produce, or |
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| 83 | + | possess products containing artificially derived cannabinoids only if: |
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| 84 | + | ! The facility is registered; |
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| 85 | + | ! The product is an industrial hemp product; |
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| 86 | + | ! The product is not intoxicating; and |
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| 87 | + | ! Prior to distribution and sale, the manufacturing facility has |
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| 88 | + | provided the marijuana enforcement division (division) |
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| 89 | + | samples and information concerning the product. |
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| 90 | + | 205 |
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| 91 | + | -2- Section 9 authorizes the division to promulgate rules, with the |
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| 92 | + | technical assistance of the department, to define the amount of one or |
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| 93 | + | more tetrahydrocannabinols that results in the designation of a product as |
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| 94 | + | an adult use cannabis product. Section 9 also requires the division to |
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| 95 | + | promulgate rules to regulate the manufacturing, distribution, and sale of |
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| 96 | + | adult use cannabis products as retail marijuana products. |
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| 97 | + | Section 10 prohibits a retail marijuana store from offering for sale |
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| 98 | + | or accepting an adult use cannabis product that was not properly |
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| 99 | + | designated as and transferred to it by a licensed retail marijuana products |
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| 100 | + | manufacturer or accelerator manufacturer. |
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| 101 | + | Section 11 prohibits a retail marijuana manufacturer from |
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| 102 | + | transferring an adult use cannabis product unless the person holds the |
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| 103 | + | appropriate license under the "Colorado Marijuana Code". |
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| 104 | + | Section 12 makes it a deceptive trade practice to violate the |
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| 105 | + | provisions of the bill that apply to hemp, cannabis, or anything made from |
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| 106 | + | hemp or cannabis. |
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| 107 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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19 | | - | DEPARTMENT MAY PROMULGATE RULES TO PROHIBIT |
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20 | | - | , WITHIN FINAL |
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21 | | - | PRODUCT MADE AVAILABLE FOR SALE |
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22 | | - | , THE CHEMICAL MODIFICATION , |
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23 | | - | CONVERSION, OR SYNTHETIC DERIVATION OF INTOXICATING |
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24 | | - | TETRAHYDROCANNABINOL ISOMERS |
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25 | | - | , INCLUDING DELTA-8, DELTA-9, AND |
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26 | | - | DELTA |
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27 | | - | -10, OR OTHER INTOXICATING TETRAHYDROCANNABINOL ISOMERS |
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28 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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29 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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30 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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31 | | - | history, or the Session Laws. |
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32 | | - | ________ |
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33 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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34 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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35 | | - | the act. THAT ORIGINATE FROM INDUSTRIAL HEMP OR MAY BE SYNTHETICALLY |
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36 | | - | DERIVED |
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37 | | - | . |
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38 | | - | SECTION 2. In Colorado Revised Statutes, add 44-10-206 as |
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39 | | - | follows: |
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| 115 | + | 6 |
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| 116 | + | DEPARTMENT MAY PROMULGATE RULES TO PROHIBIT , WITHIN FINAL7 |
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| 117 | + | PRODUCT MADE AVAILABLE FOR SALE , THE CHEMICAL MODIFICATION ,8 |
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| 118 | + | CONVERSION, OR SYNTHETIC DERIVATION OF INTOXICATING9 |
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| 119 | + | TETRAHYDROCANNABINOL ISOMERS , INCLUDING DELTA-8, DELTA-9, AND10 |
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| 120 | + | DELTA-10, OR OTHER INTOXICATING TETRAHYDROCANNABINOL ISOMERS11 |
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| 121 | + | THAT ORIGINATE FROM INDUSTRIAL HEMP OR MAY BE SYNTHETICALLY12 |
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| 122 | + | DERIVED. 13 |
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| 123 | + | SECTION 2. In Colorado Revised Statutes, add 44-10-206 as14 |
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| 124 | + | follows:15 |
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150 | | - | SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(sss) |
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151 | | - | as follows: |
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152 | | - | 6-1-105. Unfair or deceptive trade practices. (1) A person |
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153 | | - | engages in a deceptive trade practice when, in the course of the person's |
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154 | | - | business, vocation, or occupation, the person: |
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155 | | - | (sss) V |
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156 | | - | IOLATES THIS SECTION AS IT APPLIES TO HEMP, INDUSTRIAL |
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157 | | - | HEMP |
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158 | | - | , INDUSTRIAL HEMP PR ODUCTS , INTOXICATING HEMP, ADULT USE |
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159 | | - | CANNABIS PRODUCTS |
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160 | | - | , THE PLANT CANNABIS SP., OR ANYTHING DERIVED |
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161 | | - | FROM OR PRODUCED FROM THE PLANT CANNABIS SP |
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162 | | - | . |
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163 | | - | SECTION 4. Appropriation. (1) For the 2022-23 state fiscal year, |
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164 | | - | $587,347 is appropriated to the department of law. This appropriation is |
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165 | | - | from the marijuana tax cash fund created in section 39-28.8-501 (1), C.R.S. |
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166 | | - | To implement this act, the department may use this appropriation as |
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167 | | - | follows: |
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168 | | - | (a) $582,717 for use by consumer protection for consumer |
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169 | | - | protection and antitrust, which amount is based on an assumption that the |
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170 | | - | department will require an additional 3.0 FTE; and |
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171 | | - | (b) $4,630 for the vehicle lease services. |
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172 | | - | (2) For the 2022-23 state fiscal year, $4,630 is appropriated to the |
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173 | | - | department of personnel. This appropriation is from reappropriated funds |
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174 | | - | received from the department of law under subsection (1)(b) of this section. |
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175 | | - | To implement this act, the department of personnel may use this |
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176 | | - | appropriation to provide vehicle lease services for the department of law. |
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177 | | - | SECTION 5. Safety clause. The general assembly hereby finds, |
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178 | | - | PAGE 4-SENATE BILL 22-205 determines, and declares that this act is necessary for the immediate |
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179 | | - | preservation of the public peace, health, or safety. |
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180 | | - | ____________________________ ____________________________ |
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181 | | - | Steve Fenberg Alec Garnett |
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182 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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183 | | - | THE SENATE OF REPRESENTATIVES |
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184 | | - | ____________________________ ____________________________ |
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185 | | - | Cindi L. Markwell Robin Jones |
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186 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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187 | | - | THE SENATE OF REPRESENTATIVES |
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188 | | - | APPROVED________________________________________ |
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189 | | - | (Date and Time) |
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190 | | - | _________________________________________ |
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191 | | - | Jared S. Polis |
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192 | | - | GOVERNOR OF THE STATE OF COLORADO |
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193 | | - | PAGE 5-SENATE BILL 22-205 |
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| 224 | + | 5 |
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| 225 | + | SECTION 3. In Colorado Revised Statutes, 6-1-105, add6 |
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| 226 | + | (1)(ooo) as follows:7 |
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| 227 | + | 6-1-105. Unfair or deceptive trade practices. (1) A person8 |
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| 228 | + | engages in a deceptive trade practice when, in the course of the person's9 |
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| 229 | + | business, vocation, or occupation, the person:10 |
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| 230 | + | (ooo) VIOLATES THIS SECTION AS IT APPLIES TO HEMP, INDUSTRIAL11 |
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| 231 | + | HEMP, INDUSTRIAL HEMP PRODUCTS , INTOXICATING HEMP, ADULT USE12 |
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| 232 | + | CANNABIS PRODUCTS, THE PLANT CANNABIS SP., OR ANYTHING DERIVED13 |
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| 233 | + | FROM OR PRODUCED FROM THE PLANT CANNABIS SP .14 |
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| 234 | + | SECTION 4. Appropriation. (1) For the 2022-23 state fiscal15 |
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| 235 | + | year, $587,347 is appropriated to the department of law. This16 |
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| 236 | + | appropriation is from the marijuana tax cash fund created in section17 |
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| 237 | + | 39-28.8-501 (1), C.R.S. To implement this act, the department may use18 |
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| 238 | + | this appropriation as follows:19 |
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| 239 | + | (a) $582,717 for use by consumer protection for consumer20 |
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| 240 | + | protection and antitrust, which amount is based on an assumption that the21 |
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| 241 | + | department will require an additional 3.0 FTE; and22 |
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| 242 | + | (b) $4,630 for the vehicle lease services.23 |
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| 243 | + | (2) For the 2022-23 state fiscal year, $4,630 is appropriated to the24 |
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| 244 | + | department of personnel. This appropriation is from reappropriated funds25 |
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| 245 | + | received from the department of law under subsection (1)(b) of this26 |
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| 246 | + | section. To implement this act, the department of personnel may use this27 |
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| 247 | + | 205 |
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| 248 | + | -6- appropriation to provide vehicle lease services for the department of law.1 |
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| 249 | + | SECTION 5. Safety clause. The general assembly hereby finds,2 |
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| 250 | + | determines, and declares that this act is necessary for the immediate3 |
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| 251 | + | preservation of the public peace, health, or safety.4 |
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| 252 | + | 205 |
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| 253 | + | -7- |
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