SENATE BILL 22-205
BY SENATOR(S) Fenberg and Holbert, Fields, Jaquez Lewis, Moreno,
Scott;
also REPRESENTATIVE(S) Valdez A. and Van Winkle, Bernett, Ricks,
Snyder.
C
ONCERNING THE REGULATION OF CANNABIS -RELATED PRODUCTS THAT
MAY POTENTIALLY CAUSE A PERSON TO BECOME INTOXICATED WHEN
USED
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-5-426, add (4)(e)
as follows:
25-5-426. Wholesale food manufacturing and storage -
definitions - legislative declaration - fees - cash fund - rules - repeal.
(4) (e) I
N ADDITION TO ANY POWERS LISTED IN THIS SECTION , THE
DEPARTMENT MAY PROMULGATE RULES TO PROHIBIT
, WITHIN FINAL
PRODUCT MADE AVAILABLE FOR SALE
, THE CHEMICAL MODIFICATION ,
CONVERSION, OR SYNTHETIC DERIVATION OF INTOXICATING
TETRAHYDROCANNABINOL ISOMERS
, INCLUDING DELTA-8, DELTA-9, AND
DELTA
-10, OR OTHER INTOXICATING TETRAHYDROCANNABINOL ISOMERS
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. THAT ORIGINATE FROM INDUSTRIAL HEMP OR MAY BE SYNTHETICALLY
DERIVED
.
SECTION 2. In Colorado Revised Statutes, add 44-10-206 as
follows:
44-10-206. Task force - creation - report - repeal. (1) T
HE STATE
LICENSING AUTHORITY SHALL CREATE A TASK FORCE TO STUDY
INTOXICATING HEMP PRODUCTS AND MAKE LEGISLATIVE AND RULE
RECOMMENDATIONS
. THE EXECUTIVE DIRECTOR SHALL CONVENE THE TASK
FORCE BY
SEPTEMBER 1, 2022. THE TASK FORCE CONSISTS OF THE
FOLLOWING REPRESENTATIVES
:
(a) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
TO REPRESENT THE STATE LICENSING AUTHORITY
;
(b) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
;
(c) O
NE REPRESENTATIVE APPOINTED BY THE ATTORNEY GENERAL ;
(d) O
NE REPRESENTATIVE APPOINTED BY THE COMMISSIONER OF
AGRICULTURE
;
(e) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
WHO IS AN ATTORNEY WITH EXPERTISE IN THE REGULATION OF MARIJUANA
;
(f) F
OUR REPRESENTATIVES APPOINTED BY THE EXECUTIVE DIRECTOR
TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE
10 AS A MEDICAL
MARIJUANA CULTIVATION FACILITY
, MEDICAL MARIJUANA PRODUCTS
MANUFACTURER
, RETAIL MARIJUANA CULTIVATION FACILITY , OR RETAIL
MARIJUANA PRODUCTS MANUFACTURER
;
(g) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN
CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
, WHO IS AN
ATTORNEY WITH EXPERTISE IN THE REGULATION OF INDUSTRIAL HEMP
;
(h) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN
PAGE 2-SENATE BILL 22-205 CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE , TO REPRESENT
HEMP REFINERS
;
(i) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
TO REPRESENT A CONSUMER NONPROFIT ORGANIZATION
;
(j) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN
CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
, TO REPRESENT
FULL SPECTRUM INDUSTRIAL HEMP PRODUCERS
;
(k) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
TO REPRESENT MEDICAL PATIENTS
;
(l) T
WO REPRESENTATIVES APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN
CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
, TO REPRESENT
PERSONS WHO SELL HEMP AT RETAIL
;
(m) T
WO REPRESENTATIVES APPOINTED BY THE EXECUTIVE
DIRECTOR TO REPRESENT PERSONS LICENSED UNDER THIS ARTICLE
10 AS A
MEDICAL MARIJUANA STORE OR AS A RETAIL MARIJUANA STORE
;
(n) O
NE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN
CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE
, TO REPRESENT
TESTING LABS
; AND
(o) ONE REPRESENTATIVE APPOINTED BY THE EXECUTIVE DIRECTOR
TO REPRESENT A COUNTY OR DISTRICT PUBLIC HEALTH AGENCY ESTABLISHED
UNDER SECTION
25-1-506.
(2) (a) T
HE TASK FORCE SHALL SUBMIT A REPORT TO THE GENERAL
ASSEMBLY BY
JANUARY 1, 2023. THE REPORT MUST CONTAIN ANY OF THE
TASK FORCE
'S LEGISLATIVE RECOMMENDATIONS CONCERNING THE
REGULATION OF INDUSTRIAL HEMP AND AN ANALYSIS OF THE EFFECTIVENESS
OF EACH RECOMMENDATION
.
(b) A
S A PART OF THE REPORT, THE TASK FORCE SHALL MAKE RULE
RECOMMENDATIONS CONCERNING THE REGULATION OF INTOXICATING HEMP
PAGE 3-SENATE BILL 22-205 PRODUCTS.
(c) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(sss)
as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(sss) V
IOLATES THIS SECTION AS IT APPLIES TO HEMP, INDUSTRIAL
HEMP
, INDUSTRIAL HEMP PR ODUCTS , INTOXICATING HEMP, ADULT USE
CANNABIS PRODUCTS
, THE PLANT CANNABIS SP., OR ANYTHING DERIVED
FROM OR PRODUCED FROM THE PLANT CANNABIS SP
.
SECTION 4. Appropriation. (1) For the 2022-23 state fiscal year,
$587,347 is appropriated to the department of law. This appropriation is
from the marijuana tax cash fund created in section 39-28.8-501 (1), C.R.S.
To implement this act, the department may use this appropriation as
follows:
(a) $582,717 for use by consumer protection for consumer
protection and antitrust, which amount is based on an assumption that the
department will require an additional 3.0 FTE; and
(b) $4,630 for the vehicle lease services.
(2) For the 2022-23 state fiscal year, $4,630 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of law under subsection (1)(b) of this section.
To implement this act, the department of personnel may use this
appropriation to provide vehicle lease services for the department of law.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 4-SENATE BILL 22-205 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 22-205