First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0932.01 Jery Payne x2157
SENATE BILL 23-271
Senate Committees House Committees
Finance
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF COMPOUNDS THAT ARE RELATED101
TO CANNABINOIDS.102
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
.)
Current law requires the manufacturer of cosmetic products,
dietary supplements, food products, and food additives, including hemp
products, to be registered with the department of public health and
environment (department).
The bill creates a new framework for the department to regulate
and register hemp products and certain intoxicating hemp products and
SENATE SPONSORSHIP
Roberts and Van Winkle,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. for the marijuana enforcement division in the department of revenue
(division) to regulate intoxicating products or potentially intoxicating
compounds that are or may be cannabinoids. This regulation includes:
! The power to promulgate rules authorizing or prohibiting
chemical modification, conversion, or synthetic derivation
to create certain types of intoxicating cannabinoids;
! Labeling and advertising requirements;
! Production and testing requirements; and
! Inspection, record-keeping, and tracking requirements.
Hemp- and marijuana-derived compounds and cannabinoids are
classified into three classifications:
! Nonintoxicating cannabinoids;
! Potentially intoxicating compounds; and
! Intoxicating cannabinoids.
Nonintoxicating cannabinoids that are derived from hemp may be
produced, distributed, or sold as a hemp product. With the exception of
products manufactured or produced for export, which are referred to as
"safe harbor hemp products", products containing potentially intoxicating
compounds and intoxicating cannabinoids must only be produced,
distributed, or sold by a person licensed by the division to produce,
distribute, or sell the compound or cannabinoid as a product.
The bill clarifies that:
! Nonintoxicating cannabinoids, potentially intoxicating
compounds, and intoxicating cannabinoids are marijuana
or marijuana products for the purposes of the retail
marijuana sales tax; and
! A person must be licensed to manufacture potentially
intoxicating compounds or intoxicating cannabinoids.
The bill prohibits the following acts:
! Manufacturing, selling, or delivering products that contain
intoxicating cannabinoids in excess of limits established by
rule;
! Manufacturing a product containing hemp that is not a
cosmetic, a dietary supplement, a food, a food additive, or
an herb; or
! Manufacturing, producing, selling, distributing, or holding
for sale or distribution a safe harbor hemp product without
registering with the department.
The penalty for a violation is up to $10,000. The bill specifies
factors to consider in determining the amount of the penalty.
The bill requires the executive director of the department of
revenue to analyze the feasibility of establishing a standing committee to
evaluate cannabinoids and cannabis-derived products for the purpose of
determining and making recommendations regarding their safety profiles
and potential for intoxication. The department of revenue may engage
SB23-271
-2- experts to do this analysis.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-5-426, amend2
(4)(b)(II) and (4)(b)(III); and repeal (2)(g.3), (2)(g.5), (4)(b)(IV), (4)(d),3
and (4)(e) as follows:4
25-5-426. Wholesale food manufacturing and storage -5
definitions - legislative declaration - registration - fees - cash fund.6
(2) As used in this section, unless the context otherwise requires:7
(g.3) "Industrial hemp" has the meaning set forth in section8
35-61-101 (7).9
(g.5) "Industrial hemp product" means a finished product10
containing industrial hemp that:11
(I) Is a cosmetic, food, food additive, or herb;12
(II) Is for human use or consumption;13
(III) Contains any part of the hemp plant, including naturally14
occurring cannabinoids, compounds, concentrates, extracts, isolates,15
resins, or derivatives; and16
(IV) Contains a delta-9 tetrahydrocannabinol concentration of no17
more than three-tenths of one percent.18
(4) (b) (II) Except as provided in subsection (4)(b)(IV) of this19
section, A wholesale food manufacturer or storage facility with gross20
annual sales of less than one hundred fifty thousand dollars shall pay the21
department a registration fee of sixty dollars.22
(III) Except as provided in subsection (4)(b)(IV) of this section,23
A wholesale food manufacturer or storage facility with gross annual sales24
of one hundred fifty thousand dollars or more shall pay the department a25
SB23-271-3- registration fee of three hundred dollars.1
(IV) A wholesale food manufacturer that produces an industrial2
hemp product shall pay the department a registration fee of three hundred3
dollars, regardless of its gross annual sales.4
(d) Industrial hemp products produced by wholesale food5
manufacturing facilities registered in accordance with this subsection (4)6
shall not be deemed adulterated, as defined in sections 25-5-410 and7
25-5-416, unless the products meet one or more of the criteria set forth in8
section 25-5-410 or 25-5-416.9
(e) In addition to any powers listed in this section, the department10
may promulgate rules to prohibit, within final products made available for11
sale, the chemical modification, conversion, or synthetic derivation of12
intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and13
delta-10, or other intoxicating tetrahydrocannabinol isomers that originate14
from industrial hemp or may be synthetically derived.15
SECTION 2. In Colorado Revised Statutes, add 25-5-427 as16
follows:17
25-5-427. Classes of hemp-derived compounds and18
cannabinoids - definitions - registration required - prohibitions - safe19
harbor - rules - repeal. (1) Legislative declaration. T
HE GENERAL20
ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE REGISTRATION21
OF HEMP PRODUCT AND SAFE HARBOR HEMP PRODUCT MANUFACTURERS22
AND THE REGULATION OF PREMISES AND PLACES WHERE HEMP PRODUCTS23
AND SAFE HARBOR HEMP PRODUCTS ARE MANUFACTURED FOR24
DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR25
DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR26
DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR27
SB23-271
-4- DISTRIBUTION, OR HELD FOR DISTRIBUTION IN ACCORDANCE WITH THIS1
PART 4 AND ANY RULES PROMULGATED UNDER THIS PART 4:2
(a) A
RE NECESSARY TO PROTECT THE PUBLIC HEALTH ;3
(b) W
ILL BENEFIT CONSUMERS BY ENSURING THAT HEMP4
PRODUCTS ARE SOLD AND DISTRIBUTED BY SAFE SOURCES ;5
(c) W
ILL ASSIST RETAILERS BY ENSURING THAT HEMP PRODUCTS6
HAVE NOT BEEN ADULTERATED DURING MANUFACTURING , PRODUCTION,7
PACKAGING, PROCESSING, PREPARING, TREATING, TRANSPORTING, AND8
STORAGE; AND9
(d) W
ILL CONTRIBUTE TO THE ECONOMIC HEALTH OF THE STATE BY10
ENSURING THAT COLORADO HEMP PRODUCT AND SAFE HARBOR HEMP11
PRODUCT MANUFACTURERS ARE PERMITTED TO SHIP THEIR PRODUCTS IN12
INTERSTATE COMMERCE .13
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT14
OTHERWISE REQUIRES:15
(a) "D
IETARY SUPPLEMENT" HAS THE MEANING SET FORTH IN16
SECTION 25-5-426 (2)(d).17
(b) "H
EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10118
(7).19
(c) "H
EMP MANUFACTURER OR STORAGE FACILITY " MEANS A20
FACILITY WHERE HEMP PRODUCTS ARE MANUFACTURED OR STORED .21
(d) "H
EMP PRODUCT" MEANS A FINISHED PRODUCT THAT CONTAINS22
HEMP AND THAT:23
(I) I
S A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD24
ADDITIVE, OR AN HERB;25
(II) I
S INTENDED FOR HUMAN USE OR CONSUMPTION ;26
(III) C
ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING27
SB23-271
-5- NATURALLY OCCURRING CANNABINOIDS , COMPOUNDS, CONCENTRATES,1
EXTRACTS, ISOLATES, OR RESINS;2
(IV) I
S PRODUCED FROM HEMP;3
(V) C
ONTAINS NO MORE THAN TWO AND ONE -HALF MILLIGRAMS4
OF THC PER SERVING; AND5
(VI) C
ONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER6
THAN OR EQUAL TO FIFTEEN TO ONE.7
(e) "I
NTOXICATING CANNABINOID " HAS THE MEANING SET FORTH8
IN SECTION 44-10-103 (22.5).9
(f) "M
ANUFACTURING OR PROCESSING ", "MANUFACTURING",10
"
MANUFACTURE", "PROCESS", OR "PROCESSING" HAS THE SAME MEANING11
AS "MANUFACTURING OR PROCESSING ", AS SET FORTH IN SECTION12
25-5-426 (2)(h).13
(g) "N
ONINTOXICATING CANNABINOID " HAS THE MEANING SET14
FORTH IN SECTION 44-10-103 (42.5).15
(h) "P
OTENTIALLY INTOXICATING COMPOUND " HAS THE MEANING16
SET FORTH IN SECTION 44-10-103 (48.5).17
(i) "R
EGISTRANT" MEANS A PERSON REGISTERED UNDER18
SUBSECTION (5) OF THIS SECTION.19
(j) "R
EGULATED HEMP FACILITY" MEANS:20
(I) A
HEMP MANUFACTURER OR STORAGE FACILITY ; OR21
(II) A
SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .22
(k) "S
AFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED23
COMPOUND OR CANNABINOID , WHETHER A FINISHED PRODUCT OR IN THE24
PROCESS OF BEING PRODUCED, THAT IS PERMITTED TO BE MANUFACTURED25
FOR DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR26
DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR27
SB23-271
-6- DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR1
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN COLORADO FOR EXPORT2
FROM COLORADO BUT THAT IS NOT PERMITTED TO BE SOLD OR3
DISTRIBUTED IN COLORADO.4
(l) "S
AFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR5
"
SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR6
DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR7
DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR8
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR9
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION A SAFE HARBOR HEMP10
PRODUCT.11
(m) "S
EMI-SYNTHETIC CANNABINOID " HAS THE MEANING SET12
FORTH IN SECTION 44-10-208 (2)(b).13
(n) "S
ERVING" MEANS THE SIZE OR PORTION CUSTOMARILY14
CONSUMED PER EATING OCCASION , EXPRESSED IN A COMMON HOUSEHOLD15
MEASURE AS ESTABLISHED IN TABLE 2 OF 21 CFR 101.12.16
(o) "S
TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH17
IN SECTION 44-10-103 (69).18
(p) "S
YNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN19
SECTION 44-10-208 (2)(c).20
(q) "T
ETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET21
FORTH IN SECTION 44-10-208 (2)(d).22
(3) Powers and duties of the department - rules. T
HE23
DEPARTMENT HAS THE POWER AND DUTY TO :24
(a) G
RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION25
(5)
OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A26
REGISTRATION;27
SB23-271
-7- (b) SUSPEND, DENY, OR REVOKE A REGISTRATION UNDER1
CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED2
UNDER THIS SECTION;3
(c) R
EVIEW ANY RECORDS OF A REGISTRANT THAT M ANUFACTURES4
FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR5
DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR6
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR7
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION PRODUCTS SUBJECT TO THIS8
SECTION AS NECESSARY TO VERIFY COMPLIANCE WITH THIS SECTION ;9
(d) P
ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT10
CHEMICAL MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF11
CANNABINOIDS OR OTHER HEMP -DERIVED COMPOUNDS , UNLESS12
OTHERWISE PERMITTED BY THIS PART 4 OR BY ANY RULES PROMULGATED13
UNDER THIS PART 4;14
(e) P
ROMULGATE RULES, IN COORDINATION WITH THE STATE15
LICENSING AUTHORITY, ESTABLISHING THE AMOUNT OF ANY CANNABINOID16
THAT MAKES THE CANNABINOID INTOXICATING ;17
(f) P
ROMULGATE RULES GOVERNING LABELING AS PROVIDED IN18
SUBSECTIONS (4)(c)(II) AND (4)(d)(III) OF THIS SECTION;19
(g) P
ROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR20
THE FAIR, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS21
PART 4 WITH RESPECT TO HEMP, HEMP PRODUCTS, OR SAFE HARBOR HEMP22
PRODUCTS; AND23
(h) I
SSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO24
ADDRESS VIOLATIONS OF THIS SECTION.25
(4) Classifications of hemp-derived compounds and26
cannabinoids - rules. (a) H
EMP-DERIVED COMPOUNDS AND27
SB23-271
-8- CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :1
(I) N
ONINTOXICATING CANNABINOIDS ;2
(II) P
OTENTIALLY INTOXICATING COMPOUNDS ; AND3
(III) I
NTOXICATING CANNABINOIDS .4
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :5
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE6
THAN TWO AND ONE -HALF MILLIGRAMS OF THC PER SERVING AND7
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL8
TO FIFTEEN TO ONE;9
(B) B
ROAD SPECTRUM HEMP EXTRACT ;10
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";11
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";12
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";13
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";14
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";15
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";16
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";17
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND18
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".19
(II) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM20
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A21
FINISHED HEMP PRODUCT IN ACCORDANCE WITH THIS SECTION AND THE22
RULES PROMULGATED UNDER THIS PART 4 OR IN ACCORDANCE WITH23
ARTICLE 10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE24
10
OF TITLE 44.25
(c) (I) A
PERSON SHALL NOT:26
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY27
SB23-271
-9- INTOXICATING COMPOUND WITHIN COLORADO, AS AN INGREDIENT IN A1
HEMP PRODUCT OR AS A FINISHED HEMP PR ODUCT , UNLESS THE2
POTENTIALLY INTOXICATING COMPOUND IS A SAFE HARBOR HEMP3
PRODUCT THAT IS EXPORTED FROM COLORADO; OR4
(B) M
ARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC5
OR ANY OTHER POTENTIALLY INTOXICATING COMPOUND .6
(II) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES7
A PRODUCT CONTAINING A POTENTIALLY INTOXICATING COMP OUND SHALL8
LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED9
UNDER THIS SECTION.10
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN11
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO12
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:13
(A) D
ELTA-10 THC AND ITS ISOMERS;14
(B) D
ELTA-9 THC AND ITS ISOMERS;15
(C) D
ELTA-8 THC AND ITS ISOMERS;16
(D) D
ELTA-7 THC AND ITS ISOMERS;17
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;18
(F) E
XO-TETRAHYDROCANNABINOL ;19
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,20
3-
HYDROXY-THC, OR 7-HYDROXY-THC;21
(H) H
YDROGENATED FORMS OF THC, INCLUDING22
HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND23
HEXAHYDROCANNABIHEXOL ;24
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;25
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,26
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;27
SB23-271
-10- (K) TETRAHYDROCANNABIVARINS , INCLUDING DELTA -81
TETRAHYDROCANNABIVARIN BUT EXCLUDING DELTA -92
TETRAHYDROCANNAB IVARIN ;3
(L) A
NALOGUES OF TETRAHYDR OCANNABINOLS WITH AN ALKYL4
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING5
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,6
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND7
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING8
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION9
(4)(d)(I).10
(II) A
PERSON SHALL NOT:11
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING12
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT13
OR AS A FINISHED HEMP PRODUCT , UNLESS THE INTOXICATING14
CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM15
C
OLORADO; OR16
(B) M
ARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR17
HEMP PRODUCT AS CONTAINING THC OR ANY OTHER INTOXICATING18
CANNABINOID.19
(III) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES20
A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL21
THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER22
THIS SECTION.23
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR24
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A25
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC26
CANNABINOIDS ARE PERMITTED BY RULE , THE DEPARTMENT , IN27
SB23-271
-11- COORDINATION WITH THE STATE LICENSING AUTHORITY , SHALL1
PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE2
MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN3
C
OLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR4
ANY HEMP-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN5
C
OLORADO THAT CONTAINS A SEMI -SYNTHETIC OR SYNTHETIC6
CANNABINOID AS AN INGREDIENT .7
(II) T
O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,8
SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND9
LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE10
DEPARTMENT UNDER SECTION 25-5-420 AND SUBSECTION (4)(e)(I) OF THIS11
SECTION.12
(f) T
HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A13
CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT14
ARE MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION,15
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED16
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR17
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN18
INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING19
COMPOUNDS.20
(g) T
HE DEPARTMENT, IN COORDINATION WITH THE STATE21
LICENSING AUTHORITY, MAY PROMULGATE RULES TO :22
(I) C
LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT23
IS NOT CLASSIFIED IN THIS SUBSECTION (4); OR24
(II) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR C ANNABINOID25
CLASSIFIED IN THIS SUBSECTION (4) IF:26
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED27
SB23-271
-12- A PROCESS TO REVIEW AND APPROVE HEMP -DERIVED COMPOUNDS OR1
CANNABINOIDS;2
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN3
SUBSECTION (4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING4
POTENTIAL OF THE HEMP-DERIVED COMPOUND OR CANNABINOID ; AND5
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE6
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (4)(g)(II)(A) AND7
(4)(g)(II)(B)
OF THIS SECTION.8
(5) Registration required - regulated hemp facilities -9
application - fees - repeal. (a) B
EGINNING JULY 1, 2023, AND ON OR10
BEFORE JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED11
HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE12
DEPARTMENT. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER13
OR STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR14
STORAGE FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE15
HUNDRED DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED16
IN SUBSECTION (5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON17
J
UNE 30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED ,18
REGARDLESS OF WHETHER THE REGISTRATION WAS ISSUED AFTER JULY 119
FOR THE YEAR. NOTWITHSTANDING THAT A REGISTRATION IS VALID FOR20
ONLY A PORTION OF A FISCAL YEAR, THE APPLICATION AND REGISTRATION21
FEE DO NOT CHANGE.22
(b) I
N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION23
(5)(a)
OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A24
REGULATED HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS .25
(c) (I) T
O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS26
SECTION, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST27
SB23-271
-13- DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD1
MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE2
REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS3
REGISTRATION BY SUBMITTING TO THE DEPARTMENT :4
(A) A
N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,5
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND6
EACH YEAR THEREAFTER; AND7
(B) E
VIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED8
THIRD-PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR9
THEREAFTER.10
(II) T
HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE11
HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION12
(5)
IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE13
FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE14
FACILITY, UNLESS EACH SAFE HARBOR HEMP PRODUCT IS PREPARED IN A15
PREMISES THAT IS USED EXCLUSIVELY FOR THE MANUFACTURE AND16
PREPARATION OF SAFE HARBOR HEMP PRODUCTS .17
(III) T
O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE18
HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCORDANCE19
WITH RULES PROMULGATED UNDER SECTION 25-5-420 AND SUBSECTION20
(4)(e)
OF THIS SECTION.21
(d) A
REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS22
SUBJECT TO SUSPENSION OR REVOCATION , IN ACCORDANCE WITH ARTICLE23
4
OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES24
PROMULGATED UNDER THIS PART 4.25
(e) A
REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE26
CIVIL PENALTIES ESTABLISHED IN SUBSECTION (9) OF THIS SECTION.27
SB23-271
-14- (6) Hemp products not adulterated. A PRODUCT CONTAINING1
HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED , AS2
DEFINED IN SECTIONS 25-5-410 AND 25-5-416, UNLESS THE PRODUCT3
MEETS ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN4
SECTION 25-5-410 OR 25-5-416.5
(7) Fees deposited in fund. T
HE DEPARTMENT SHALL TRANSMIT6
FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION7
TO THE STATE TREASURER , WHO SHALL CREDIT THE FEES TO THE8
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH9
FUND ESTABLISHED IN SECTION 25-5-426 (5).10
(8) Offenses. I
T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY11
CAUSE A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS :12
(a) M
ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR13
OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING14
CANNABINOIDS OR POTENTIALLY INTOXICATING COMP OUNDS IN EXCESS OF15
LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION (3)(e)16
OF THIS SECTION OR SECTION 25-5-420;17
(b) M
ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT18
A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN19
HERB;20
(c) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR21
HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WITHOUT22
REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ; OR23
(d) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR24
HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT25
WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION .26
(9) Penalties. A
PERSON WHO VIOLATES THIS SECTION, THE RULES27
SB23-271
-15- PROMULGATED UNDER THIS SECTION , OR A FINAL CEASE-AND-DESIST1
ORDER OR CLEAN-UP ORDER UNDER SUBSECTION (3)(h) OF THIS SECTION2
IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND3
DOLLARS PER DAY PER VIOLATION . THE DEPARTMENT OR THE COURT4
SHALL TRANSMIT EACH CIVIL PENALTY COLLECTED UNDER THIS5
SUBSECTION (9) TO THE STATE TREASURER , WHO SHALL CREDIT THE6
PENALTY TO THE WHOLESALE FOOD MANUFACTURING AND STORAGE7
PROTECTION CASH FUND ESTABLISHED IN SECTION 25-5-426 (5). IN8
DETERMINING THE AMOUNT OF A CIVIL PENALTY UNDER THIS SUBSECTION9
(9),
THE DEPARTMENT OR THE COURT SHALL CONSIDER THE FOLLOWING10
FACTORS:11
(a) T
HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;12
(b) T
HE VIOLATOR'S COMPLIANCE HISTORY;13
(c) W
HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR14
NEGLIGENT;15
(d) T
HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR16
ENVIRONMENT AS A RESULT OF THE VIOLATION ;17
(e) T
HE DURATION OF THE VIOLATION; AND18
(f) A
NY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A19
RESULT OF THE VIOLATION.20
(10) Inspections and monitoring - rules. (a) F
OR THE PURPOSE21
OF ENFORCEMENT OF THIS SECTION , THE DEPARTMENT MAY CONDUCT22
INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH23
SECTION 25-5-421.24
(b) U
NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT25
CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND26
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES27
SB23-271
-16- OR PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE1
MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION ,2
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED3
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR4
DISTRIBUTION, OR HELD FOR DISTRIBUTION.5
(c) T
HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING6
MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN7
ACCORDANCE WITH GOOD MANUFACTURING PRACTICES . THE RULES MAY8
INCLUDE INVENTORY TRACKING , SURVEILLANCE, AND RECORD-KEEPING9
REQUIREMENTS.10
SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal11
(21) and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as12
follows:13
44-10-103. Definitions - rules. As used in this article 10, unless14
the context otherwise requires:15
(17.5) "H
EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION16
25-5-427 (2)(d).17
(21) "Industrial hemp" means a plant of the genus cannabis and
18
any part of the plant, whether growing or not, containing a delta-919
tetrahydrocannabinol concentration of no more than three-tenths of one20
percent on a dry weight basis.21
(22) "Industrial hemp product" means a finished product22
containing industrial hemp that:23
(a) Is a cosmetic, food, food additive, or herb;24
(b) Is for human use or consumption;25
(c) Contains any part of the hemp plant, including naturally26
occurring cannabinoids, compounds, concentrates, extracts, isolates,27
SB23-271
-17- resins, or derivatives; and1
(d) Contains a delta-9 tetrahydrocannabinol concentration of no2
more than three-tenths of one percent on a dry weight basis.3
(22.5) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID4
THAT IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION5
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN6
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND7
ENVIRONMENT.8
(42.5) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID9
THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN SECTION10
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN11
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND12
ENVIRONMENT.13
(42.6) "N
OVEL CANNABINOID" MEANS ANY CANNABINOID THAT14
HAS NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A15
SAFETY PROFILE AND INTOXICATION PROFILE .16
(48.5) (a) "P
OTENTIALLY INTOXICATING COMPOUND " MEANS:17
(I) A
NOVEL CANNABINOID; AND18
(II) A
CANNABINOID THAT IS NOT A PHYTOCANNABINOID .19
(b) "P
OTENTIALLY INTOXICATING COMPOUND " DOES NOT INCLUDE:20
(I) N
ONINTOXICATING CANNABINOIDS ; OR21
(II) C
ANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY22
DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP23
EXTRACT.24
SECTION 4. In Colorado Revised Statutes, add 44-10-207 and25
44-10-208 as follows:26
44-10-207. Feasibility study - standing committee - report -27
SB23-271
-18- definition - repeal. (1) (a) O N OR BEFORE JULY 1, 2024, THE EXECUTIVE1
DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT2
ANALYZING THE FEASIBILITY OF ESTABLISHING A STANDING COMMITTEE3
TO EVALUATE CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS FOR THE4
PURPOSE OF DETERMINING AND M AKING RECOMMENDATIONS REGARDING5
THEIR SAFETY PROFILES AND POTENTIAL FOR INTOXICATION . THE REPORT6
MUST CONSIDER AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE7
FOLLOWING SUBJECTS:8
(I) T
HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE9
INVOLVED IN, AND THEIR ROLE IN, THE EVALUATION PROCESS;10
(II) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE11
SAFETY PROFILES OF CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS,12
INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE13
SUCH A DETERMINATION;14
(III) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE15
POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CA NNABIS -DERIVED16
PRODUCTS, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE17
WOULD MAKE SUCH A DETERMINATION ;18
(IV) R
ECOMMENDATIONS AS TO MEMBERS OF A STANDING19
COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A20
STANDING COMMITTEE;21
(V) R
ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR22
IMPLEMENTATION OF A STANDING COMMITTEE ; AND23
(VI) T
HE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO24
IMPLEMENT AND ADMINISTER A STANDING COMMITTEE .25
(b) T
O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION26
(1)(a)
OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,27
SB23-271
-19- INCLUDING:1
(I) T
HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION2
25-1-105
OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;3
(II) T
HE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE4
TOXICOLOGIST;5
(III) A
N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND6
CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS ;7
(IV) A
CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF8
ADMINISTRATION OF RELEVANT PRODUCTS ;9
(V) A
MEDICAL TOXICOLOGIST; AND10
(VI) A
PHARMACOLOGIST WITH EXPERTISE IN DRUG11
DEVELOPMENT.12
(2) A
S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE13
DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY14
OFFICE, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH15
AND ENVIRONMENT.16
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.17
44-10-208. Classes of marijuana-derived cannabinoids and18
compounds - definitions - privileges - prohibitions - rule-making -19
rules. (1) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS AND20
DECLARES THAT:21
(a) T
HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY22
INTOXICATING COMPOUNDS AND INTOXICATING CANNABINOIDS , AND THE23
REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING24
COMPOUNDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED ,25
PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES26
PROMULGATED UNDER THIS ARTICLE 10:27
SB23-271
-20- (I) IS NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND1
(II) W
ILL BENEFIT CONSUMERS BY ENSURING THAT THE2
MANUFACTURE, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED3
POTENTIALLY INTOXICATING COMPOUNDS AND INTOXICATING4
CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC5
HEALTH; AND6
(b) T
HE TAXATION OF MARIJUANA -DERIVED POTENTIALLY7
INTOXICATING COMPOUNDS AND INTOXICATING CANNABINOIDS MUST BE8
ADDRESSED TO ENSURE BOTH COMPLIANCE WITH COLORADO VOTERS'9
INTENT AND EQUITABLE ECONOMIC TREATMENT .10
(2) Definitions . A
S USED IN THIS SECTION, UNLESS THE CONTEXT11
OTHERWISE REQUIRES:12
(a) "H
EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10113
(7).14
(b) (I) "S
EMI-SYNTHETIC CANNABINOID" MEANS A SUBSTANCE15
THAT IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE16
CANNABINOID EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A17
DIFFERENT CANNABINOID.18
(II) "S
EMI-SYNTHETIC CANNABINOID" INCLUDES CANNABINOIDS,19
SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF20
CANNABIDIOL.21
(III) "S
EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE22
CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY23
OCCURRING ACIDIC FORMS OF CANNABINOIDS , SUCH AS24
TETRAHYDROCANNABI NOLIC ACID , INTO THE CORRESPONDING NEUTRAL25
CANNABINOID, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,26
WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT27
SB23-271
-21- RESULTS IN NO OTHER CHEMICAL CHANGE .1
(c) (I) "S
YNTHETIC CANNABINOID" MEANS A CANNABINOID-LIKE2
COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS ,3
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION , INCLUDING BY4
USING IN-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A5
METHOD.6
(II) "S
YNTHETIC CANNABINOID" DOES NOT INCLUDE:7
(A) A
COMPOUND PRODUCED THROUGH THE DECARBOXYLATION8
OF NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS ; OR9
(B) A
SEMI-SYNTHETIC CANNABINOID.10
(d) (I) "T
ETRAHYDROCANNABINOL " OR "THC" MEANS THE11
SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE12
RESINOUS EXTRACTS OF THE CANNABIS SPECIES , OR A CARBOXYLIC ACID13
OF, DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER14
OF THESE SUBSTANCES.15
(II) "T
ETRAHYDROCANNABINOL " OR "THC" INCLUDES:16
(A) D
ELTA-10 THC AND ITS ISOMERS;17
(B) D
ELTA-9 THC AND ITS ISOMERS;18
(C) D
ELTA-8 THC AND ITS ISOMERS;19
(D) D
ELTA-7 THC AND ITS ISOMERS;20
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS; AND21
(F) E
XO-TETRAHYDROCANNABINOL ;22
(III) "T
ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:23
(A) P
RODUCTS OF ANY OF THE COMPOUNDS LISTED IN24
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR25
(B) M
ETABOLITES OF ANY OF THE COMPOUNDS LISTED IN26
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.27
SB23-271
-22- (3) Classification of marijuana-derived compounds and1
cannabinoids - rules. (a) M
ARIJUANA-DERIVED COMPOUNDS AND2
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :3
(I) N
ONINTOXICATING CANNABINOIDS ;4
(II) P
OTENTIALLY INTOXICATING COMPOUNDS ; AND5
(III) I
NTOXICATING CANNABINOIDS .6
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :7
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE8
THAN TWO AND ONE -HALF MILLIGRAMS OF THC PER SERVING AND9
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL10
TO FIFTEEN TO ONE;11
(B) B
ROAD SPECTRUM HEMP EXTRACT ;12
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";13
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";14
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";15
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";16
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";17
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";18
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";19
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND20
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".21
(II) (A) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED22
FROM HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS23
A FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION 25-5-427 AND24
THE RULES PROMULGATED UNDER PART 4 OF ARTICLE 5 OF TITLE 25 OR IN25
ACCORDANCE WITH THIS ARTICLE 10 AND ANY RULES PROMULGATED26
UNDER THIS ARTICLE 10.27
SB23-271
-23- (B) A MARIJUANA-DERIVED NONINTOXICATING CANNABINOID IS A1
MARIJUANA PRODUCT THAT IS SUBJECT TO RETAIL MARIJUANA SALES TAX2
IN ACCORDANCE WITH SECTION 39-28.8-202.3
(c) (I) A
LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE,4
PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING COMPOUNDS5
THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE6
10
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.7
(II) A
MARIJUANA-DERIVED POTENTIALLY INTOXICATING8
COMPOUND IS RETAIL MARIJUANA THAT IS SUBJECT TO RETAIL MARIJUANA9
SALES TAX IN ACCORDANCE WITH SECTION 39-28.8-202.10
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN11
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO12
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:13
(A) D
ELTA-10 THC AND ITS ISOMERS;14
(B) D
ELTA-9 THC AND ITS ISOMERS;15
(C) D
ELTA-8 THC AND ITS ISOMERS;16
(D) D
ELTA-7 THC AND ITS ISOMERS;17
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;18
(F) E
XO-TETRAHYDROCANNABINOL ;19
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,20
3-
HYDROXY-THC, OR 7-HYDROXY-THC;21
(H) H
YDROGENATED FORMS OF THC, INCLUDING22
HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND23
HEXAHYDROCANNABIHEXOL ;24
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;25
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,26
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;27
SB23-271
-24- (K) VARIN FORMS OF THC, INCLUDING DELTA -81
TETRAHYDROCANNABIVARIN BUT EXCLUDING DELTA -92
TETRAHYDROCANNAB IVARIN ;3
(L) A
NALOGUES OF TETRAHYDR OCANNABINOLS WITH AN ALKYL4
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING5
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,6
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND7
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING8
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION9
(3)(d)(I).10
(II) (A) A
PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN11
INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN12
INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED13
REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE 1014
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.15
(B) A
MARIJUANA-DERIVED INTOXICATING CANNABINOID IS A16
MARIJUANA PRODUCT THAT IS SUBJECT TO SALES TAX IN ACCORDANCE17
WITH SECTION 39-28.8-202.18
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR19
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A20
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC21
CANNABINOIDS ARE PERMITTED BY RULE , THE STATE LICENSING22
AUTHORITY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH23
AND ENVIRONMENT, SHALL PROMULGATE RULES PROVIDING STANDARDS24
AND REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF25
SYNTHETIC CANNABINOIDS IN COLORADO. THE RULES MUST INCLUDE A26
REQUIREMENT THAT MARIJUANA -DERIVED PRODUCTS MANUFACTURED OR27
SB23-271
-25- PRODUCED IN COLORADO THAT CONTAIN A SEMI -SYNTHETIC OR1
SYNTHETIC CANNABINOID AS AN INGREDIENT ARE LABELED IN2
ACCORDANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE 10.3
(II) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES4
THAT ARE NECESSARY FOR THE FAIR , IMPARTIAL, AND COMPREHENSIVE5
ADMINISTRATION OF THIS SECTION.6
(III) A
PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES7
SEMI-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,8
TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE9
STATE LICENSING AUTHORITY.10
(f) T
HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE11
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE12
RULES TO:13
(I) C
LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID14
THAT IS NOT CLASSIFIED IN THIS SUBSECTION (3); OR15
(II) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR16
CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF:17
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED18
A PROCESS TO REVIEW AND APPROVE MARIJUANA -DERIVED COMPOUNDS19
OR CANNABINOIDS;20
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN21
SUBSECTION (3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING22
POTENTIAL OF THE MARIJUANA -DERIVED COMPOUND OR C ANNABINOID ;23
AND24
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE25
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (3)(f)(II)(A) AND26
(3)(f)(II)(B)
OF THIS SECTION.27
SB23-271
-26- (4) Rules to prohibit synthetic cannabinoids. I N ADDITION TO1
ANY POWERS LISTED IN THIS SECTION, THE STATE LICENSING AUTHORITY2
MAY PROMULGATE RULES NECESSARY TO PROHIBIT CHEMICAL3
MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF4
CANNABINOIDS OR MARIJUANA -DERIVED COMPOUNDS, UNLESS OTHERWISE5
PERMITTED BY THIS ARTICLE 10 AND THE RULES PROMULGATED UNDER6
THIS ARTICLE 10.7
SECTION 5. In Colorado Revised Statutes, 44-10-503, add8
(1)(c) as follows:9
44-10-503. Medical marijuana products manufacturer license10
- rules - definition. (1) (c) A
PERSON MUST BE LICENSED AS A MEDICAL11
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE12
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING13
COMPOUNDS OR INTOXICATING CANNABINOIDS FROM MEDICAL MARIJUANA14
TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL MARIJUANA15
PRODUCT.16
SECTION 6. In Colorado Revised Statutes, 44-10-603, add (1)(f)17
as follows:18
44-10-603. Retail marijuana products manufacturer license -19
rules - definition. (1) (f) A
PERSON MUST BE LICENSED AS A RETAIL20
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE21
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING22
COMPOUNDS OR INTOXICATING CANNABINOIDS FROM RETAIL MARIJUANA23
TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL MARIJUANA24
PRODUCTS IN ACCORDANCE WITH THIS ARTICLE 10.25
SECTION 7. In Colorado Revised Statutes, 6-1-725, amend (1)26
as follows:27
SB23-271
-27- 6-1-725. Synthetic cannabinoids - incense - deceptive trade1
practice. (1) E
XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR2
ARTICLE 4 OF TITLE 25, it is unlawful for any person or entity to distribute,3
dispense, manufacture, display for sale, offer for sale, attempt to sell, or4
sell to a purchaser any product that contains any amount of any synthetic5
cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.
6
SECTION 8. In Colorado Revised Statutes, 18-18-406.1, amend7
(1) as follows:8
18-18-406.1. Unlawful use or possession of synthetic9
cannabinoids or salvia divinorum. (1) On and after January 1, 201210
E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it11
is unlawful for any person to use or possess any amount of any synthetic12
cannabinoid or salvia divinorum.13
SECTION 9. In Colorado Revised Statutes, 18-18-406.2, amend14
(1) introductory portion as follows:15
18-18-406.2. Unlawful distribution, manufacturing,16
dispensing, sale, or cultivation of synthetic cannabinoids or salvia17
divinorum. (1) E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE18
10
OF TITLE 44, it is unlawful for any person knowingly to:19
SECTION 10. In Colorado Revised Statutes, 30-15-401, amend20
(1.7) as follows:21
30-15-401. General regulations - definitions. (1.7) In addition22
to any other powers, a board of county commissioners may charge a fee23
for a local license and adopt resolutions or ordinances to establish24
requirements on businesses engaged in the storage, extraction, processing,25
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),26
or industrial
hemp products, as defined in section 25-5-426 (2)(g.5)27
SB23-271
-28- 25-5-427 (2)(d). A county shall not impose additional food production1
regulations on industrial hemp processors or HEMP products if the2
regulations conflict with state law.3
SECTION 11. In Colorado Revised Statutes, 31-15-501, amend4
(1)(r) as follows:5
31-15-501. Powers to regulate businesses. (1) The governing6
bodies of municipalities have the following powers to regulate7
businesses:8
(r) To charge a fee for a local license and establish licensing9
requirements on businesses engaged in the storage, extraction, processing,10
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),11
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)12
25-5-427 (2)(d). A municipality shall not impose additional food13
production regulations on industrial hemp processors or HEMP products14
if the regulations conflict with state law.15
SECTION 12. In Colorado Revised Statutes, 39-28.8-101,16
amend (7) as follows:17
39-28.8-101. Definitions. Unless the context otherwise requires,18
any terms not defined in this article 28.8 have the meanings set forth in19
article 26 of this title 39. As used in this article 28.8, unless the context20
otherwise requires:21
(7) (a) (I) "Retail marijuana" means all parts of the plant of the22
genus cannabis whether growing or not, the seeds thereof OF THE PLANT,23
the resin extracted from any part of the plant, and every compound,24
manufacture, salt, derivative, mixture, or preparation of the plant, its25
seeds, or its resin, including marijuana concentrate;26
(II) R
ESIN EXTRACTS, COMPOUNDS, DERIVATIVES, OR27
SB23-271
-29- PREPARATIONS OF THE PLANT OF THE GENUS CANNABIS INCLUDE :1
(A) A
NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION2
44-10-103
(42.5), PRODUCED FROM THE PLANT OF THE GENUS CANNABIS ;3
(B) A
POTENTIALLY INTOXICATING COMPOUND , AS DEFINED IN4
SECTION 44-10-103 (48.5), PRODUCED FROM THE PLANT OF THE GENUS5
CANNABIS; AND6
(C) A
N INTOXICATING CANNABINOID , AS DEFINED IN SECTION7
44-10-103
(22.5), PRODUCED FROM THE PLANT OF THE GENUS CANNABIS .8
(b) "Retail marijuana" does not include industrial
hemp, nor does9
it include fiber produced from the stalks, oil, cake made from the seeds10
of the plant, sterilized seed of the plant that is incapable of germination,11
or the weight of any other ingredient combined with marijuana to prepare12
topical or oral administrations, food, drink, or other product.13
SECTION 13. Applicability. This act applies to offenses14
committed or conduct occurring on or after the effective date of this act.15
SECTION 14. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
SB23-271
-30-