Colorado 2022 Regular Session

Colorado Senate Bill SB205 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 22-0901.02 Jery Payne x2157
18 SENATE BILL 22-205
2-BY SENATOR(S) Fenberg and Holbert, Fields, Jaquez Lewis, Moreno,
3-Scott;
4-also REPRESENTATIVE(S) Valdez A. and Van Winkle, Bernett, Ricks,
5-Snyder.
9+Senate Committees House Committees
10+Business, Labor, & Technology Public & Behavioral Health & Human Services
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
614 C
7-ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS THAT
8-MAY POTENTIALLY CAUSE A PERSON TO BECOME INTOXICATED WHEN
9-USED
10-.
11-
12-Be it enacted by the General Assembly of the State of Colorado:
15+ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS101
16+THAT MAY POTENTIALLY CAUSE A PERSON TO BECOME102
17+INTOXICATED WHEN USED .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+Section 2 of the bill prohibits:
26+! The manufacture, sale, offering for sale, storage, or
27+delivery of an adult use cannabis product that is not
28+manufactured by a person licensed under the "Colorado
29+Marijuana Code" (license holder);
30+HOUSE
31+Amended 2nd Reading
32+May 10, 2022
33+SENATE
34+3rd Reading Unamended
35+May 6, 2022
36+SENATE
37+Amended 2nd Reading
38+May 5, 2022
39+SENATE SPONSORSHIP
40+Fenberg and Holbert, Fields, Jaquez Lewis, Moreno, Scott
41+HOUSE SPONSORSHIP
42+Valdez A. and Van Winkle,
43+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
44+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
45+Dashes through the words indicate deletions from existing statute. ! The manufacture, sale, offering for sale, storage, or
46+delivery of a product containing industrial hemp that is for
47+human consumption and that is not food, a cosmetic, a
48+dietary supplement, a food additive, an herb, or an
49+over-the-counter drug that contains industrial hemp; and
50+! The manufacture, sale, offering for sale, storage, or
51+delivery of an industrial hemp product that was not
52+manufactured by a registered wholesale food manufacturer.
53+Section 3 imposes a civil penalty of up to $10,000 for:
54+! Manufacturing, selling, offering for sale, storing, or
55+delivering an adult use cannabis product that is not
56+manufactured by a license holder; and
57+! Violating a permit requirement for industrial hemp
58+products established by rule.
59+These penalties are credited to the the wholesale food manufacturing and
60+storage protection cash fund.
61+Section 4 prohibits a political subdivision of Colorado from
62+promulgating or enforcing additional duties for or standards for food
63+safety applicable to premises or places where industrial hemp products
64+are held for distribution, produced, manufactured, packed, processed,
65+prepared, treated, packaged, or transported.
66+Current law authorizes the department of public health and
67+environment (department) to require permits for manufacturing food that
68+may be contaminated so that it is injurious to health. The department may
69+establish standards for the permits and manufacturing. Section 5:
70+! Adds dietary supplements, food additives, cosmetics, and
71+industrial hemp products to this provision;
72+! Adds that an ingredient that is injurious to health also
73+authorizes the department to require a permit.
74+Section 6 requires a political subdivision of Colorado to get
75+department approval to perform food safety inspections at facilities used
76+to store, manufacture, produce, pack, process, treat, package, or transport
77+industrial hemp products.
78+Current law declares industrial hemp products not adulterated
79+unless the product violates certain provisions. Section 7 adds that an
80+industrial hemp product is deemed adulterated if the product is an adult
81+use cannabis product and is not manufactured by a license holder. Section
82+7 authorizes a wholesale food manufacturing facility to sell, produce, or
83+possess products containing artificially derived cannabinoids only if:
84+! The facility is registered;
85+! The product is an industrial hemp product;
86+! The product is not intoxicating; and
87+! Prior to distribution and sale, the manufacturing facility has
88+provided the marijuana enforcement division (division)
89+samples and information concerning the product.
90+205
91+-2- Section 9 authorizes the division to promulgate rules, with the
92+technical assistance of the department, to define the amount of one or
93+more tetrahydrocannabinols that results in the designation of a product as
94+an adult use cannabis product. Section 9 also requires the division to
95+promulgate rules to regulate the manufacturing, distribution, and sale of
96+adult use cannabis products as retail marijuana products.
97+Section 10 prohibits a retail marijuana store from offering for sale
98+or accepting an adult use cannabis product that was not properly
99+designated as and transferred to it by a licensed retail marijuana products
100+manufacturer or accelerator manufacturer.
101+Section 11 prohibits a retail marijuana manufacturer from
102+transferring an adult use cannabis product unless the person holds the
103+appropriate license under the "Colorado Marijuana Code".
104+Section 12 makes it a deceptive trade practice to violate the
105+provisions of the bill that apply to hemp, cannabis, or anything made from
106+hemp or cannabis.
107+Be it enacted by the General Assembly of the State of Colorado:1
13108 SECTION 1. In Colorado Revised Statutes, 25-5-426, add (4)(e)
14-as follows:
15-25-5-426. Wholesale food manufacturing and storage -
16-definitions - legislative declaration - fees - cash fund - rules - repeal.
109+2
110+as follows:3
111+25-5-426. Wholesale food manufacturing and storage -4
112+definitions - legislative declaration - fees - cash fund - rules - repeal.5
17113 (4) (e) I
18114 N ADDITION TO ANY POWERS LISTED IN THIS SECTION , THE
19-DEPARTMENT MAY PROMULGATE RULES TO PROHIBIT
20-, WITHIN FINAL
21-PRODUCT MADE AVAILABLE FOR SALE
22-, THE CHEMICAL MODIFICATION ,
23-CONVERSION, OR SYNTHETIC DERIVATION OF INTOXICATING
24-TETRAHYDROCANNABINOL ISOMERS
25-, INCLUDING DELTA-8, DELTA-9, AND
26-DELTA
27--10, OR OTHER INTOXICATING TETRAHYDROCANNABINOL ISOMERS
28-NOTE: This bill has been prepared for the signatures of the appropriate legislative
29-officers and the Governor. To determine whether the Governor has signed the bill
30-or taken other action on it, please consult the legislative status sheet, the legislative
31-history, or the Session Laws.
32-________
33-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
34-through words or numbers indicate deletions from existing law and such material is not part of
35-the act. THAT ORIGINATE FROM INDUSTRIAL HEMP OR MAY BE SYNTHETICALLY
36-DERIVED
37-.
38-SECTION 2. In Colorado Revised Statutes, add 44-10-206 as
39-follows:
115+6
116+DEPARTMENT MAY PROMULGATE RULES TO PROHIBIT , WITHIN FINAL7
117+PRODUCT MADE AVAILABLE FOR SALE , THE CHEMICAL MODIFICATION ,8
118+CONVERSION, OR SYNTHETIC DERIVATION OF INTOXICATING9
119+TETRAHYDROCANNABINOL ISOMERS , INCLUDING DELTA-8, DELTA-9, AND10
120+DELTA-10, OR OTHER INTOXICATING TETRAHYDROCANNABINOL ISOMERS11
121+THAT ORIGINATE FROM INDUSTRIAL HEMP OR MAY BE SYNTHETICALLY12
122+DERIVED. 13
123+SECTION 2. In Colorado Revised Statutes, add 44-10-206 as14
124+follows:15
40125 44-10-206. Task force - creation - report - repeal. (1) T
41-HE STATE
42-LICENSING AUTHORITY SHALL CREATE A TASK FORCE TO STUDY
43-INTOXICATING HEMP PRODUCTS AND MAKE LEGISLATIVE AND RULE
44-RECOMMENDATIONS
45-. THE EXECUTIVE DIRECTOR SHALL CONVENE THE TASK
46-FORCE BY
47-SEPTEMBER 1, 2022. THE TASK FORCE CONSISTS OF THE
48-FOLLOWING REPRESENTATIVES
49-:
126+HE
127+16
128+205-3- STATE LICENSING AUTHORITY SHALL CREATE A TASK FORCE TO STUDY1
129+INTOXICATING HEMP PRODUCTS AND MAKE LEGISLATIVE AND RULE2
130+RECOMMENDATIONS . THE EXECUTIVE DIRECTOR SHALL CONVENE THE3
131+TASK FORCE BY SEPTEMBER 1, 2022. THE TASK FORCE CONSISTS OF THE4
132+FOLLOWING REPRESENTATIVES :5
50133 (a) O
51-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
52-TO REPRESENT THE STATE LICENSING AUTHORITY
53-;
134+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
135+6
136+DIRECTOR TO REPRESENT THE STATE LICENSING AUTHORITY ;7
54137 (b) O
55-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
56-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
57-;
138+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
139+8
140+DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ;9
58141 (c) O
59142 NE REPRESENTATIVE APPOINTED BY THE ATTORNEY GENERAL ;
143+10
60144 (d) O
61145 NE REPRESENTATIVE APPOINTED BY THE COMMISSIONER OF
62-AGRICULTURE
63-;
146+11
147+AGRICULTURE;12
64148 (e) O
65-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
66-WHO IS AN ATTORNEY WITH EXPERTISE IN THE REGULATION OF MARIJUANA
67-;
149+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
150+13
151+DIRECTOR WHO IS AN ATTORNEY WITH EXPERTISE IN THE REGULATION OF14
152+MARIJUANA;15
68153 (f) F
69-OUR REPRESENTATIVES APPOINTED BY THE EXECUTIVE DIRECTOR
70-TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE
71-10 AS A MEDICAL
72-MARIJUANA CULTIVATION FACILITY
73-, MEDICAL MARIJUANA PRODUCTS
74-MANUFACTURER
75-, RETAIL MARIJUANA CULTIVATION FACILITY , OR RETAIL
76-MARIJUANA PRODUCTS MANUFACTURER
77-;
154+OUR REPRESENTATIVES APPOINTED BY THE EXECUTIVE
155+16
156+DIRECTOR TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE 10 AS17
157+A MEDICAL MARIJUANA CULTIVATION FACILITY , MEDICAL MARIJUANA18
158+PRODUCTS MANUFACTURER , RETAIL MARIJUANA CULTIVATION FACILITY ,19
159+OR RETAIL MARIJUANA PRODUCTS MANUFACTURER ;20
78160 (g) O
79-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
80-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
81-, IN
82-CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
83-, WHO IS AN
84-ATTORNEY WITH EXPERTISE IN THE REGULATION OF INDUSTRIAL HEMP
85-;
161+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
162+21
163+DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN22
164+CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , WHO IS AN23
165+ATTORNEY WITH EXPERTISE IN THE REGULATION OF INDUSTRIAL HEMP ;24
86166 (h) O
87-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
88-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
89-, IN
90-PAGE 2-SENATE BILL 22-205 CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT
91-HEMP REFINERS
92-;
167+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
168+25
169+DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN26
170+CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT27
171+205
172+-4- HEMP REFINERS;1
93173 (i) O
94174 NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
95-TO REPRESENT A CONSUMER NONPROFIT ORGANIZATION
96-;
175+2
176+TO REPRESENT A CONSUMER NONPROFIT ORGANIZATION ;3
97177 (j) O
98178 NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
99-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
100-, IN
101-CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
102-, TO REPRESENT
103-FULL SPECTRUM INDUSTRIAL HEMP PRODUCERS
104-;
179+4
180+OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN5
181+CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT6
182+FULL SPECTRUM INDUSTRIAL HEMP PRODUCERS ;7
105183 (k) O
106-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
107-TO REPRESENT MEDICAL PATIENTS
108-;
184+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
185+8
186+DIRECTOR TO REPRESENT MEDICAL PATIENTS ;9
109187 (l) T
110-WO REPRESENTATIVES APPOINTED BY THE EXECUTIVE DIRECTOR
111-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
112-, IN
113-CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
114-, TO REPRESENT
115-PERSONS WHO SELL HEMP AT RETAIL
116-;
188+WO REPRESENTATIVES APPOINTED BY THE EXECUTIVE
189+10
190+DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN11
191+CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT12
192+PERSONS WHO SELL HEMP AT RETAIL ;13
117193 (m) T
118194 WO REPRESENTATIVES APPOINTED BY THE EXECUTIVE
119-DIRECTOR TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE
120-10 AS A
121-MEDICAL MARIJUANA STORE OR AS A RETAIL MARIJUANA STORE
122-;
195+14
196+DIRECTOR TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE 10 AS15
197+A MEDICAL MARIJUANA STORE OR AS A RETAIL MARIJUANA STORE ;16
123198 (n) O
124-NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
125-OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
126-, IN
127-CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
128-, TO REPRESENT
129-TESTING LABS
130-; AND
131-(o) ONE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
132-TO REPRESENT A COUNTY OR DISTRICT PUBLIC HEALTH AGENCY ESTABLISHED
133-UNDER SECTION
134-25-1-506.
199+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
200+17
201+DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , IN18
202+CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT19
203+TESTING LABS; AND20
204+(o) O
205+NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE
206+21
207+DIRECTOR TO REPRESENT A COUNTY OR DISTRICT PUBLIC HEALTH AGENCY22
208+ESTABLISHED UNDER SECTION 25-1-506.23
135209 (2) (a) T
136210 HE TASK FORCE SHALL SUBMIT A REPORT TO THE GENERAL
137-ASSEMBLY BY
138-JANUARY 1, 2023. THE REPORT MUST CONTAIN ANY OF THE
139-TASK FORCE
140-'S LEGISLATIVE RECOMMENDATIONS CONCERNING THE
141-REGULATION OF INDUSTRIAL HEMP AND AN ANALYSIS OF THE EFFECTIVENESS
142-OF EACH RECOMMENDATION
143-.
211+24
212+ASSEMBLY BY JANUARY 1, 2023. THE REPORT MUST CONTAIN ANY OF THE25
213+TASK FORCE'S LEGISLATIVE RECOMMENDATIONS CONCERNING THE26
214+REGULATION OF INDUSTRIAL HEMP AND AN ANALYSIS OF THE27
215+205
216+-5- EFFECTIVENESS OF EACH RECOMMENDATION .1
144217 (b) A
145218 S A PART OF THE REPORT, THE TASK FORCE SHALL MAKE RULE
146-RECOMMENDATIONS CONCERNING THE REGULATION OF INTOXICATING HEMP
147-PAGE 3-SENATE BILL 22-205 PRODUCTS.
219+2
220+RECOMMENDATIONS CONCERNING THE REGULATION OF INTOXICATING3
221+HEMP PRODUCTS.4
148222 (c) T
149223 HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
150-SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(sss)
151-as follows:
152-6-1-105. Unfair or deceptive trade practices. (1) A person
153-engages in a deceptive trade practice when, in the course of the person's
154-business, vocation, or occupation, the person:
155-(sss) V
156-IOLATES THIS SECTION AS IT APPLIES TO HEMP, INDUSTRIAL
157-HEMP
158-, INDUSTRIAL HEMP PR ODUCTS , INTOXICATING HEMP, ADULT USE
159-CANNABIS PRODUCTS
160-, THE PLANT CANNABIS SP., OR ANYTHING DERIVED
161-FROM OR PRODUCED FROM THE PLANT CANNABIS SP
162-.
163-SECTION 4. Appropriation. (1) For the 2022-23 state fiscal year,
164-$587,347 is appropriated to the department of law. This appropriation is
165-from the marijuana tax cash fund created in section 39-28.8-501 (1), C.R.S.
166-To implement this act, the department may use this appropriation as
167-follows:
168-(a) $582,717 for use by consumer protection for consumer
169-protection and antitrust, which amount is based on an assumption that the
170-department will require an additional 3.0 FTE; and
171-(b) $4,630 for the vehicle lease services.
172-(2) For the 2022-23 state fiscal year, $4,630 is appropriated to the
173-department of personnel. This appropriation is from reappropriated funds
174-received from the department of law under subsection (1)(b) of this section.
175-To implement this act, the department of personnel may use this
176-appropriation to provide vehicle lease services for the department of law.
177-SECTION 5. Safety clause. The general assembly hereby finds,
178-PAGE 4-SENATE BILL 22-205 determines, and declares that this act is necessary for the immediate
179-preservation of the public peace, health, or safety.
180-____________________________ ____________________________
181-Steve Fenberg Alec Garnett
182-PRESIDENT OF SPEAKER OF THE HOUSE
183-THE SENATE OF REPRESENTATIVES
184-____________________________ ____________________________
185-Cindi L. Markwell Robin Jones
186-SECRETARY OF CHIEF CLERK OF THE HOUSE
187-THE SENATE OF REPRESENTATIVES
188- APPROVED________________________________________
189- (Date and Time)
190- _________________________________________
191- Jared S. Polis
192- GOVERNOR OF THE STATE OF COLORADO
193-PAGE 5-SENATE BILL 22-205
224+5
225+SECTION 3. In Colorado Revised Statutes, 6-1-105, add6
226+(1)(ooo) as follows:7
227+6-1-105. Unfair or deceptive trade practices. (1) A person8
228+engages in a deceptive trade practice when, in the course of the person's9
229+business, vocation, or occupation, the person:10
230+(ooo) VIOLATES THIS SECTION AS IT APPLIES TO HEMP, INDUSTRIAL11
231+HEMP, INDUSTRIAL HEMP PRODUCTS , INTOXICATING HEMP, ADULT USE12
232+CANNABIS PRODUCTS, THE PLANT CANNABIS SP., OR ANYTHING DERIVED13
233+FROM OR PRODUCED FROM THE PLANT CANNABIS SP .14
234+SECTION 4. Appropriation. (1) For the 2022-23 state fiscal15
235+year, $587,347 is appropriated to the department of law. This16
236+appropriation is from the marijuana tax cash fund created in section17
237+39-28.8-501 (1), C.R.S. To implement this act, the department may use18
238+this appropriation as follows:19
239+(a) $582,717 for use by consumer protection for consumer20
240+protection and antitrust, which amount is based on an assumption that the21
241+department will require an additional 3.0 FTE; and22
242+(b) $4,630 for the vehicle lease services.23
243+(2) For the 2022-23 state fiscal year, $4,630 is appropriated to the24
244+department of personnel. This appropriation is from reappropriated funds25
245+received from the department of law under subsection (1)(b) of this26
246+section. To implement this act, the department of personnel may use this27
247+205
248+-6- appropriation to provide vehicle lease services for the department of law.1
249+SECTION 5. Safety clause. The general assembly hereby finds,2
250+determines, and declares that this act is necessary for the immediate3
251+preservation of the public peace, health, or safety.4
252+205
253+-7-