First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0932.01 Jery Payne x2157
SENATE BILL 23-271
Senate Committees House Committees
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF COMPOUNDS THAT ARE RELATED101
TO CANNABINOIDS, AND, IN CONNECTION THEREWITH , MAKING
102
AN APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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
SENATE
3rd Reading Unamended
April 27, 2023
SENATE
Amended 2nd Reading
April 26, 2023
SENATE SPONSORSHIP
Roberts and Van Winkle, Fenberg
HOUSE SPONSORSHIP
deGruy Kennedy and Snyder,
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. and register hemp products and certain intoxicating hemp products and
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
271
-2- and potential for intoxication. The department of revenue may engage
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
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
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 , INCLUDING
26
CONSUMPTION BY INHALATION ;27
271
-5- (III) CONTAINS ANY PART OF THE HEMP PLANT , INCLUDING1
NATURALLY OCCURRING CANNABINOIDS , COMPOUNDS, CONCENTRATES,2
EXTRACTS, ISOLATES, OR RESINS;3
(IV) I
S PRODUCED FROM HEMP;4
(V) C
ONTAINS NO MORE THAN ONE AND THREE -FOURTHS
5
MILLIGRAMS OF THC PER SERVING; AND6
(VI) C
ONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER7
THAN OR EQUAL TO FIFTEEN TO ONE.8
(e) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
9
IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN THIS SECTION OR BY10
RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE11
LICENSING AUTHORITY.12
(f) "M
ANUFACTURING OR PROCESSING ", "MANUFACTURING",13
"
MANUFACTURE", "PROCESS", OR "PROCESSING" HAS THE SAME MEANING14
AS "MANUFACTURING OR PROCESSING ", AS SET FORTH IN SECTION15
25-5-426 (2)(h).16
(g) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID
17
THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN THIS18
SECTION OR BY RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH19
THE STATE LICENSING AUTHORITY.20
(h) "P
OTENTIALLY INTOXICATING COMPOUND " HAS THE MEANING21
SET FORTH IN SECTION 44-10-103 (48.5).22
(i) "R
EGISTRANT" MEANS A PERSON REGISTERED UNDER23
SUBSECTION (5) OF THIS SECTION.24
(j) "R
EGULATED HEMP FACILITY" MEANS:25
(I) A
HEMP MANUFACTURER OR STORAGE FACILITY ; OR26
(II) A
SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .27
271
-6- (k) "SAFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED1
COMPOUND OR CANNABINOID , WHETHER A FINISHED PRODUCT OR IN THE2
PROCESS OF BEING PRODUCED, THAT IS PERMITTED TO BE MANUFACTURED3
FOR DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR4
DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR5
DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR6
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN COLORADO FOR EXPORT7
FROM COLORADO BUT THAT IS NOT PERMITTED TO BE SOLD OR8
DISTRIBUTED IN COLORADO.9
(l) "S
AFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR10
"
SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR11
DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR12
DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR13
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR14
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION A SAFE HARBOR HEMP15
PRODUCT.16
(m) "S
EMI-SYNTHETIC CANNABINOID " HAS THE MEANING SET17
FORTH IN SECTION 44-10-208 (2)(b).18
(n) "S
ERVING" MEANS THE SIZE OR PORTION CUSTOMARILY19
CONSUMED PER EATING OCCASION , EXPRESSED IN A COMMON HOUSEHOLD20
MEASURE AS ESTABLISHED IN TABLE 2 OF 21 CFR 101.12.21
(o) "S
TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH22
IN SECTION 44-10-103 (69).23
(p) "S
YNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN24
SECTION 44-10-208 (2)(c).25
(q) "T
ETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET26
FORTH IN SECTION 44-10-208 (2)(d).27
271
-7- (r) "TINCTURE" MEANS A LIQUID HEMP PRODUCT PACKAGED IN A1
CONTAINER OF FOUR FLUID OUNCES OR LESS THAT CONSISTS OF A2
NOT-POTABLE SOLUTION:3
(I) C
ONTAINING AT LEAST TWENTY -FIVE PERCENT
4
NON-DENATURED ALCOHOL OR A BASE OF GLYCERIN , PLANT-BASED OIL, OR5
CONCENTRATED SYRUP ;6
(II) C
ONTAINING HEMP, HEMP CONCENTRATE, OR HEMP EXTRACT;
7
AND8
(III) I
NTENDED FOR HUMAN USE .
9
(3) Powers and duties of the department - rules. T
HE10
DEPARTMENT HAS THE POWER AND DUTY TO :11
(a) G
RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION12
(5)
OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A13
REGISTRATION;14
(b) S
USPEND, DENY, OR REVOKE A REGISTRATION UNDER15
CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED16
UNDER THIS SECTION;17
(c) R
EVIEW ANY RECORDS OF A REGISTRANT THAT MANUFACTURES18
FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR19
DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR20
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR21
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION PRODUCTS SUBJECT TO THIS22
SECTION AS NECESSARY TO VERIFY COMPLIANCE WITH THIS SECTION ;23
(d) P
ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT24
CHEMICAL MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF25
CANNABINOIDS OR OTHER HEMP -DERIVED COMPOUNDS , UNLESS26
OTHERWISE PERMITTED BY THIS PART 4 OR BY ANY RULES PROMULGATED27
271
-8- UNDER THIS PART 4;1
(e) (I) PROMULGATE RULES, IN COORDINATION WITH THE STATE2
LICENSING AUTHORITY, ESTABLISHING THE AMOUNT OF ANY CANNABINOID3
THAT MAKES THE CANNABINOID INTOXICATING ;4
(II) P
ROMULGATE RULES IMPLEMENTING SUBSECTION (8) OF THIS
5
SECTION;6
(III) P
ROMULGATE RULES PROHIBITING THE EXPORT OF A SAFE
7
HARBOR HEMP PRODUCT TO A STATE WHERE THE SAFE HARBOR HEMP8
PRODUCT IS ILLEGAL; AND9
(IV) P
ROMULGATE RULES PROHIBITING THE MANUFACTURE ,
10
PRODUCTION, OR DISTRIBUTION OF A SAFE HARBOR PRODUCT THAT IS ALSO11
A SYNTHETIC CANNABINOID.12
(f) P
ROMULGATE RULES GOVERNING TESTING AND LABELING ,
AS13
PROVIDED IN SUBSECTIONS (4)(c)(II) AND (4)(d)(III) OF THIS SECTION,14
INCLUDING:15
(I) T
HE PRESENCE OF AND INFORMATION ABOUT :
16
(A) H
EAVY METALS;
17
(B) R
ESIDUAL SOLVENTS;
18
(C) P
ESTICIDES;
19
(D) THC;
AND
20
(E) Y
EAST AND MOLD.
21
(II) W
ARNING LABELS FOR HEMP THAT ARE AT LEAST AS
22
STRINGENT AS THOSE IMPOSED BY SECTION 44-10-203 (2)(f) AND (3)(h)23
FOR MARIJUANA, AS APPLICABLE, AND THAT INCLUDE:24
(A) A
DVISING ABOUT THE RISK OF IMPAIRMENT WHEN OPERATING
25
HEAVY MACHINERY, TESTING POSITIVE ON A DRUG TEST, AND HARM FROM26
CONSUMING THC WHILE PREGNANT OR BREAST FEEDING ;27
271
-9- (B) THE AMOUNT OF THC PER SERVING AND THE NUMBER OF1
SERVINGS PER PACKAGE; AND2
(C) A
UNIVERSAL SYMBOL THAT THE PACKAGE CONTAINS THC;
3
(g) P
ROMULGATE RULES GOVERNING PACKAGING OF HEMP
4
PRODUCTS THAT ARE AT LEAST AS STRINGENT AS THE PACKAGING5
REQUIREMENTS OF SECTION 44-10-203 (3)(b) FOR MARIJUANA, AS6
APPLICABLE;7
(h) P
ROMULGATE RULES GOVERNING DECEPTIVE , FALSE, OR
8
MISLEADING STATEMENTS OR LABELING FOR HEMP PRODUCTS ;9
(i) PROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR10
THE FAIR, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS11
PART 4 WITH RESPECT TO HEMP, HEMP PRODUCTS, OR SAFE HARBOR HEMP12
PRODUCTS; AND13
(j) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO14
ADDRESS VIOLATIONS OF THIS SECTION.15
(4) Classifications of hemp-derived compounds and16
cannabinoids - rules. (a) H
EMP-DERIVED COMPOUNDS AND17
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :18
(I) N
ONINTOXICATING CANNABINOIDS ;19
(II) P
OTENTIALLY INTOXICATING COMPOUNDS ; AND20
(III) I
NTOXICATING CANNABINOIDS .21
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :22
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE23
THAN ONE AND THREE-FOURTHS
MILLIGRAMS OF THC PER SERVING AND24
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL25
TO FIFTEEN TO ONE;26
(B) B
ROAD SPECTRUM HEMP EXTRACT ;27
271
-10- (C) CANNABIDIOL, ALSO KNOWN AS "CBD";1
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";2
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";3
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";4
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";5
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";6
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";7
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND8
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".9
(II) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM10
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A11
FINISHED HEMP PRODUCT IN ACCORDANCE WITH THIS SECTION AND THE12
RULES PROMULGATED UNDER THIS PART 4 OR IN ACCORDANCE WITH13
ARTICLE 10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE14
10
OF TITLE 44.15
(c) (I) A
PERSON SHALL NOT:16
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY17
INTOXICATING COMPOUND WITHIN COLORADO, AS AN INGREDIENT IN A18
HEMP PRODUCT OR AS A FINISHED HEMP PR ODUCT , UNLESS THE19
POTENTIALLY INTOXICATING COMPOUND IS A SAFE HARBOR HEMP20
PRODUCT THAT IS EXPORTED FROM COLORADO; OR21
(B) M
ARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC22
OR ANY OTHER POTENTIALLY INTOXICATING COMPOUND .23
(II) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES24
A PRODUCT CONTAINING A POTENTIALLY INTOXICATING COMPOUND SHALL25
LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED26
UNDER THIS SECTION.27
271
-11- (d) (I) INTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN1
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO2
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:3
(A) D
ELTA-10 THC AND ITS ISOMERS;4
(B) D
ELTA-9 THC AND ITS ISOMERS;5
(C) D
ELTA-8 THC AND ITS ISOMERS;6
(D) D
ELTA-7 THC AND ITS ISOMERS;7
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;8
(F) E
XO-TETRAHYDROCANNABINOL ;9
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,10
3-
HYDROXY-THC, OR 7-HYDROXY-THC;11
(H) H
YDROGENATED FORMS OF THC, INCLUDING12
HEXAHYDROCANNABINOL , HEXAHYDROCANNABIPHOROL , AND13
HEXAHYDROCANNABIHEXOL ;14
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;15
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,16
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;17
(K) T
ETRAHYDROCANNABIVARINS , INCLUDING DELTA -818
TETRAHYDROCANNABIVARIN BUT EXCLUDING DELTA -919
TETRAHYDROCANNAB IVARIN ;20
(L) A
NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL21
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING22
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,23
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND24
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING25
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION26
(4)(d)(I).27
271
-12- (II) A PERSON SHALL NOT:1
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING2
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT3
OR AS A FINISHED HEMP PRODUCT , UNLESS THE INTOXICATING4
CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM5
C
OLORADO; OR6
(B) M
ARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR7
HEMP PRODUCT AS CONTAINING THC OR ANY OTHER INTOXICATING8
CANNABINOID.9
(III) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES10
A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL11
THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER12
THIS SECTION.13
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR14
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A15
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC16
CANNABINOIDS ARE PERMITTED BY RULE , THE DEPARTMENT , IN17
COORDINATION WITH THE STATE LICENSING AUTHORITY , SHALL18
PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE19
MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN20
C
OLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR21
ANY HEMP-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN22
C
OLORADO THAT CONTAINS A SEMI -SYNTHETIC OR SYNTHETIC23
CANNABINOID AS AN INGREDIENT .24
(II) T
O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,25
SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND26
LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE27
271
-13- DEPARTMENT UNDER SECTION 25-5-420 AND SUBSECTION (4)(e)(I) OF THIS1
SECTION.2
(f) T
HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A3
CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT4
ARE MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION,5
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED6
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR7
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN8
INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING9
COMPOUNDS.10
(g) T
HE DEPARTMENT, IN COORDINATION WITH THE STATE11
LICENSING AUTHORITY, MAY PROMULGATE RULES TO :12
(I) C
LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT13
IS NOT CLASSIFIED IN THIS SUBSECTION (4);
14
(II) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID15
CLASSIFIED IN THIS SUBSECTION (4) IF:16
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED17
A PROCESS TO REVIEW AND APPROVE HEMP -DERIVED COMPOUNDS OR18
CANNABINOIDS;19
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN20
SUBSECTION (4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING21
POTENTIAL OF THE HEMP-DERIVED COMPOUND OR CANNABINOID ; AND22
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE23
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (4)(g)(II)(A) AND24
(4)(g)(II)(B)
OF THIS SECTION; OR
25
(III) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID
26
CLASSIFIED IN THIS SUBSECTION (4) IF PEER-REVIEWED RESEARCH OR27
271
-14- CLINICAL TRIALS ESTABLISH TO A REASONABLE DEGREE OF SCIENTIFIC1
CERTAINTY THAT A HEMP-DERIVED COMPOUND OR CANNABINOID , OR A2
PRODUCT CONTAINING A HEMP-DERIVED COMPOUND OR CANNABINOID , IS3
POTENTIALLY INTOXICATING OR OTHERWISE POSES A THREAT TO HUMAN4
HEALTH.5
(5) Registration required - regulated hemp facilities -6
application - fees - repeal. (a) B
EGINNING JULY 1, 2023, AND ON OR7
BEFORE JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED8
HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE9
DEPARTMENT. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER10
OR STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR11
STORAGE FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE12
HUNDRED DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED13
IN SUBSECTION (5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON14
J
UNE 30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED ,15
REGARDLESS OF WHETHER THE REGISTRATION WAS ISSUED AFTER JULY 116
FOR THE YEAR. NOTWITHSTANDING THAT A REGISTRATION IS VALID FOR17
ONLY A PORTION OF A FISCAL YEAR, THE APPLICATION AND REGISTRATION18
FEE DO NOT CHANGE.19
(b) I
N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION20
(5)(a)
OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A21
REGULATED HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS .22
(c) (I) T
O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS23
SECTION, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST24
DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD25
MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE26
REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS27
271
-15- REGISTRATION BY SUBMITTING TO THE DEPARTMENT :1
(A) A
N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,2
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND3
EACH YEAR THEREAFTER; AND4
(B) E
VIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED5
THIRD-PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR6
THEREAFTER.7
(II) T
HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE8
HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION9
(5)
IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE10
FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE11
FACILITY, UNLESS EACH SAFE HARBOR HEMP PRODUCT IS PREPARED IN A12
PREMISES THAT IS USED EXCLUSIVELY FOR THE MANUFACTURE AND13
PREPARATION OF SAFE HARBOR HEMP PRODUCTS .14
(III) T
O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE15
HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCORDANCE16
WITH RULES PROMULGATED UNDER SECTION 25-5-420 AND SUBSECTION17
(4)(e)
OF THIS SECTION.18
(d) A
REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS19
SUBJECT TO SUSPENSION OR REVOCATION , IN ACCORDANCE WITH ARTICLE20
4
OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES21
PROMULGATED UNDER THIS PART 4.22
(e) A
REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE23
CIVIL PENALTIES ESTABLISHED IN SUBSECTION (9) OF THIS SECTION.24
(6) Hemp products not adulterated. A
PRODUCT CONTAINING25
HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED , AS26
DEFINED IN SECTIONS 25-5-410 AND 25-5-416, UNLESS THE PRODUCT27
271
-16- MEETS ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN1
SECTION 25-5-410 OR 25-5-416.2
(7) Fees deposited in fund. T
HE DEPARTMENT SHALL TRANSMIT3
FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION4
TO THE STATE TREASURER , WHO SHALL CREDIT THE FEES TO THE5
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH6
FUND ESTABLISHED IN SECTION 25-5-426 (5).7
(8) Offenses. I
T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY8
CAUSE A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS :9
(a) M
ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR10
OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING11
CANNABINOIDS OR POTENTIALLY INTOXICATING COMP OUNDS IN EXCESS OF12
LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION (3)(e)13
OF THIS SECTION OR SECTION 25-5-420;14
(b) M
ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT15
A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN16
HERB;17
(c) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR18
HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WITHOUT19
REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;
20
(d) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
21
HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT22
WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;23
(e) S
ELLING A HEMP PRODUCT WITH A RATIO OF CANNABIDIOL TO
24
THC
OF LESS THAN TWENTY TO ONE IN A CONTAINER WITH MORE THAN
25
FIVE SERVINGS;26
(f) S
ELLING A HEMP PRODUCT TO AN INDIVIDUAL WHO IS UNDER
27
271
-17- TWENTY-ONE YEARS OF AGE IF THE HEMP PRODUCT HAS A RATIO OF1
CANNABIDIOL TO THC OF LESS THAN TWENTY TO ONE; OR2
(g) S
ELLING A HEMP PRODUCT OTHER T HAN A COSMETIC TO AN
3
INDIVIDUAL WHO IS UNDER TWENTY -ONE YEARS OF AGE; EXCEPT THAT IT4
IS NOT A VIOLATION OF THIS SUBSECTION (8)(e) TO SELL A HEMP-DERIVED5
TINCTURE THAT IS A HEMP PRODUCT TO AN INDIVIDUAL WHO IS UNDER6
TWENTY-ONE YEARS OF AGE.7
(9) Penalties. A
PERSON WHO VIOLATES THIS SECTION, THE RULES8
PROMULGATED UNDER THIS SECTION , OR A FINAL CEASE-AND-DESIST9
ORDER OR CLEAN-UP ORDER UNDER SUBSECTION (3)(h) OF THIS SECTION10
IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND11
DOLLARS PER DAY PER VIOLATION . THE DEPARTMENT OR THE COURT12
SHALL TRANSMIT EACH CIVIL PENALTY COLLECTED UNDER THIS13
SUBSECTION (9) TO THE STATE TREASURER , WHO SHALL CREDIT THE14
PENALTY TO THE WHOLESALE FOOD MANUFACTURING AND STORAGE15
PROTECTION CASH FUND ESTABLISHED IN SECTION 25-5-426 (5). IN16
DETERMINING THE AMOUNT OF A CIVIL PENALTY UNDER THIS SUBSECTION17
(9),
THE DEPARTMENT OR THE COURT SHALL CONSIDER THE FOLLOWING18
FACTORS:19
(a) T
HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;20
(b) T
HE VIOLATOR'S COMPLIANCE HISTORY;21
(c) W
HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR22
NEGLIGENT;23
(d) T
HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR24
ENVIRONMENT AS A RESULT OF THE VIOLATION ;25
(e) T
HE DURATION OF THE VIOLATION; AND26
(f) A
NY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A27
271
-18- RESULT OF THE VIOLATION.1
(10) Inspections and monitoring - rules. (a) F
OR THE PURPOSE2
OF ENFORCEMENT OF THIS SECTION , THE DEPARTMENT MAY CONDUCT3
INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH4
SECTION 25-5-421.5
(b) U
NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT6
CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND7
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES8
OR PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE9
MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION ,10
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED11
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR12
DISTRIBUTION, OR HELD FOR DISTRIBUTION.13
(c) T
HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING14
MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN15
ACCORDANCE WITH GOOD MANUFACTURING PRACTICES . THE RULES MAY16
INCLUDE INVENTORY TRACKING , SURVEILLANCE, AND RECORD-KEEPING17
REQUIREMENTS.18
SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal19
(21) and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as20
follows:21
44-10-103. Definitions - rules. As used in this article 10, unless22
the context otherwise requires:23
(17.5) "H
EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION24
25-5-427 (2)(d).25
(21) "Industrial hemp" means a plant of the genus cannabis and
26
any part of the plant, whether growing or not, containing a delta-927
271
-19- tetrahydrocannabinol concentration of no more than three-tenths of one1
percent on a dry weight basis.2
(22) "Industrial hemp product" means a finished product3
containing industrial hemp that:4
(a) Is a cosmetic, food, food additive, or herb;5
(b) Is for human use or consumption;6
(c) Contains any part of the hemp plant, including naturally7
occurring cannabinoids, compounds, concentrates, extracts, isolates,8
resins, or derivatives; and9
(d) Contains a delta-9 tetrahydrocannabinol concentration of no10
more than three-tenths of one percent on a dry weight basis.11
(22.5) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID12
THAT IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION13
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN14
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND15
ENVIRONMENT.16
(42.5) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID17
THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN SECTION18
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN19
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND20
ENVIRONMENT.21
(42.6) "N
OVEL CANNABINOID" MEANS ANY CANNABINOID THAT22
HAS NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A23
SAFETY PROFILE AND INTOXICATION PROFILE .24
(48.5) (a) "P
OTENTIALLY INTOXICATING COMPOUND " MEANS:25
(I) A
NOVEL CANNABINOID; AND26
(II) A
CANNABINOID THAT IS NOT A PHYTOCANNABINOID .27
271
-20- (b) "POTENTIALLY INTOXICATING COMPOUND " DOES NOT INCLUDE:1
(I) N
ONINTOXICATING CANNABINOIDS ; OR2
(II) C
ANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY3
DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP4
EXTRACT.5
SECTION 4. In Colorado Revised Statutes, add 44-10-207 and6
44-10-208 as follows:7
44-10-207. Feasibility study - standing committee - report -8
definition - repeal. (1) (a) O
N OR BEFORE JULY 1, 2024, THE EXECUTIVE9
DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT10
ANALYZING THE FEASIBILITY OF ESTABLISHING A STANDING COMMITTEE11
TO EVALUATE CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS FOR THE12
PURPOSE OF DETERMINING AND M AKING RECOMMENDATIONS REGARDING13
THEIR SAFETY PROFILES AND POTENTIAL FOR INTOXICATION . THE REPORT14
MUST CONSIDER AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE15
FOLLOWING SUBJECTS:16
(I) T
HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE17
INVOLVED IN, AND THEIR ROLE IN, THE EVALUATION PROCESS;18
(II) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE19
SAFETY PROFILES OF CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS,20
INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE21
SUCH A DETERMINATION;22
(III) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE23
POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS -DERIVED24
PRODUCTS, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE25
WOULD MAKE SUCH A DETERMINATION ;26
(IV) R
ECOMMENDATIONS AS TO MEMBERS OF A STANDING27
271
-21- COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A1
STANDING COMMITTEE;2
(V) R
ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR3
IMPLEMENTATION OF A STANDING COMMITTEE ; AND4
(VI) T
HE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO5
IMPLEMENT AND ADMINISTER A STANDING COMMITTEE .6
(b) T
O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION7
(1)(a)
OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,8
INCLUDING:9
(I) T
HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION10
25-1-105
OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;11
(II) T
HE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE12
TOXICOLOGIST;13
(III) A
N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND14
CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS ;15
(IV) A
CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF16
ADMINISTRATION OF RELEVANT PRODUCTS ;17
(V) A
MEDICAL TOXICOLOGIST; AND18
(VI) A
PHARMACOLOGIST WITH EXPERTISE IN DRUG19
DEVELOPMENT.20
(2) A
S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE21
DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY22
OFFICE, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH23
AND ENVIRONMENT.24
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.25
44-10-208. Classes of marijuana-derived cannabinoids and26
compounds - definitions - privileges - prohibitions - rule-making -27
271
-22- rules. (1) Legislative declaration. T HE GENERAL ASSEMBLY FINDS AND1
DECLARES THAT:2
(a) T
HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY3
INTOXICATING COMPOUNDS AND INTOXICATING CANNABINOIDS , AND THE4
REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING5
COMPOUNDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED ,6
PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES7
PROMULGATED UNDER THIS ARTICLE 10:8
(I) I
S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND9
(II) W
ILL BENEFIT CONSUMERS BY ENSURING THAT THE10
MANUFACTURE, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED11
POTENTIALLY INTOXICATING COMPOUNDS AND INTOXICATING12
CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC13
HEALTH; AND14
(b) T
HE TAXATION OF MARIJUANA -DERIVED POTENTIALLY15
INTOXICATING COMPOUNDS AND INTOXICATING CANNABINOIDS MUST BE16
ADDRESSED TO ENSURE BOTH COMPLIANCE WITH COLORADO VOTERS'17
INTENT AND EQUITABLE ECONOMIC TREATMENT .18
(2) Definitions . A
S USED IN THIS SECTION, UNLESS THE CONTEXT19
OTHERWISE REQUIRES:20
(a) "H
EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10121
(7).22
(b) (I) "S
EMI-SYNTHETIC CANNABINOID" MEANS A SUBSTANCE23
THAT IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE24
CANNABINOID EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A25
DIFFERENT CANNABINOID.26
(II) "S
EMI-SYNTHETIC CANNABINOID" INCLUDES CANNABINOIDS,27
271
-23- SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF1
CANNABIDIOL.2
(III) "S
EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE3
CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY4
OCCURRING ACIDIC FORMS OF CANNABINOIDS , SUCH AS5
TETRAHYDROCANNABINOLIC ACID , INTO THE CORRESPONDING NEUTRAL6
CANNABINOID, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,7
WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT8
RESULTS IN NO OTHER CHEMICAL CHANGE .9
(c) (I) "S
YNTHETIC CANNABINOID" MEANS A CANNABINOID-LIKE10
COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS ,11
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION , INCLUDING BY12
USING IN-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A13
METHOD.14
(II) "S
YNTHETIC CANNABINOID" DOES NOT INCLUDE:15
(A) A
COMPOUND PRODUCED THROUGH THE DECARBOXYLATION16
OF NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS ; OR17
(B) A
SEMI-SYNTHETIC CANNABINOID.18
(d) (I) "T
ETRAHYDROCANNABINOL " OR "THC" MEANS THE19
SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE20
RESINOUS EXTRACTS OF THE CANNABIS SPECIES , OR A CARBOXYLIC ACID21
OF, DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER22
OF THESE SUBSTANCES.23
(II) "T
ETRAHYDROCANNABINOL " OR "THC" INCLUDES:24
(A) D
ELTA-10 THC AND ITS ISOMERS;25
(B) D
ELTA-9 THC AND ITS ISOMERS;26
(C) D
ELTA-8 THC AND ITS ISOMERS;27
271
-24- (D) DELTA-7 THC AND ITS ISOMERS;1
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS; AND2
(F) E
XO-TETRAHYDROCANNABINOL ;3
(III) "T
ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:4
(A) P
RODUCTS OF ANY OF THE COMPOUNDS LISTED IN5
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR6
(B) M
ETABOLITES OF ANY OF THE COMPOUNDS LISTED IN7
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.8
(3) Classification of marijuana-derived compounds and9
cannabinoids - rules. (a) M
ARIJUANA-DERIVED COMPOUNDS AND10
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :11
(I) N
ONINTOXICATING CANNABINOIDS ;12
(II) P
OTENTIALLY INTOXICATING COMPOUNDS ; AND13
(III) I
NTOXICATING CANNABINOIDS .14
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :15
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE16
THAN ONE AND THREE-FOURTHS
MILLIGRAMS OF THC PER SERVING AND17
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL18
TO FIFTEEN TO ONE;19
(B) B
ROAD SPECTRUM HEMP EXTRACT ;20
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";21
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";22
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";23
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";24
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";25
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";26
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";27
271
-25- (J) CANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND1
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".2
(II) (A) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED3
FROM HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS4
A FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION 25-5-427 AND5
THE RULES PROMULGATED UNDER PART 4 OF ARTICLE 5 OF TITLE 25 OR IN6
ACCORDANCE WITH THIS ARTICLE 10 AND ANY RULES PROMULGATED7
UNDER THIS ARTICLE 10.8
(B) A
RETAIL MARIJUANA PR ODUCT CONTAINING A
9
MARIJUANA-DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT10
IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH11
SECTION 39-28.8-202.12
(c) (I) A
LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE,13
PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING COMPOUNDS14
THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE15
10
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.16
(II) A
RETAIL MARIJUANA PR ODUCT CONTAINING A
17
MARIJUANA-DERIVED POTENTIALLY INTOXICATING COMPOUND AS AN18
INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE19
WITH SECTION 39-28.8-202.20
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN21
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO22
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:23
(A) D
ELTA-10 THC AND ITS ISOMERS;24
(B) D
ELTA-9 THC AND ITS ISOMERS;25
(C) D
ELTA-8 THC AND ITS ISOMERS;26
(D) D
ELTA-7 THC AND ITS ISOMERS;27
271
-26- (E) DELTA-6a, 10a THC AND ITS ISOMERS;1
(F) E
XO-TETRAHYDROCANNABINOL ;2
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,3
3-
HYDROXY-THC, OR 7-HYDROXY-THC;4
(H) H
YDROGENATED FORMS OF THC, INCLUDING5
HEXAHYDROCANNABINOL , HEXAHYDROCANNABIPHOROL , AND6
HEXAHYDROCANNABIHEXOL ;7
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;8
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,9
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;10
(K) V
ARIN FORMS OF THC, INCLUDING DELTA -811
TETRAHYDROC ANNABIVARIN BUT EXCLUDING DELTA -912
TETRAHYDROCANNAB IVARIN ;13
(L) A
NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL14
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING15
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,16
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND17
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING18
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION19
(3)(d)(I).20
(II) (A) A
PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN21
INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN22
INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED23
REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE 1024
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.25
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
26
MARIJUANA-DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS27
271
-27- SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION1
39-28.8-202.2
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR3
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A4
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC5
CANNABINOIDS ARE PERMITTED BY RULE , THE STATE LICENSING6
AUTHORITY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH7
AND ENVIRONMENT, SHALL PROMULGATE RULES PROVIDING STANDARDS8
AND REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF9
SYNTHETIC CANNABINOIDS IN COLORADO. THE RULES MUST INCLUDE A10
REQUIREMENT THAT MARIJUANA -DERIVED PRODUCTS MANUFACTURED OR11
PRODUCED IN COLORADO THAT CONTAIN A SEMI -SYNTHETIC OR12
SYNTHETIC CANNABINOID AS AN INGREDIENT ARE LABELED IN13
ACCORDANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE 10.14
(II) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES15
THAT ARE NECESSARY FOR THE FAIR , IMPARTIAL, AND COMPREHENSIVE16
ADMINISTRATION OF THIS SECTION.17
(III) A
PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES18
SEMI-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,19
TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE20
STATE LICENSING AUTHORITY.21
(f) T
HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE22
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE23
RULES TO:24
(I) C
LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID25
THAT IS NOT CLASSIFIED IN THIS SUBSECTION (3);
26
(II) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR27
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-28- CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF:1
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED2
A PROCESS TO REVIEW AND APPROVE MARIJUANA -DERIVED COMPOUNDS3
OR CANNABINOIDS;4
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN5
SUBSECTION (3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING6
POTENTIAL OF THE MARIJUANA -DERIVED COMPOUND OR CANNABINOID ;7
AND8
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE9
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (3)(f)(II)(A) AND10
(3)(f)(II)(B)
OF THIS SECTION; OR
11
(III) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR
12
CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF PEER-REVIEWED13
RESEARCH OR CLINICAL TRIALS ESTABLISH TO A REASONABLE DEGREE OF14
SCIENTIFIC CERTAINTY THAT A MARIJUANA -DERIVED COMPOUND OR15
CANNABINOID, OR A PRODUCT CONTAINING A MARIJUANA -DERIVED16
COMPOUND OR CANNABINOID , IS POTENTIALLY INTOXICATING OR17
OTHERWISE POSES A THREAT TO HUMAN HEALTH .18
(4) Rules to prohibit synthetic cannabinoids. I
N ADDITION TO19
ANY POWERS LISTED IN THIS SECTION, THE STATE LICENSING AUTHORITY20
MAY PROMULGATE RULES NECESSARY TO PROHIBIT CHEMICAL21
MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF22
CANNABINOIDS OR MARIJUANA -DERIVED COMPOUNDS, UNLESS OTHERWISE23
PERMITTED BY THIS ARTICLE 10 AND THE RULES PROMULGATED UNDER24
THIS ARTICLE 10.25
SECTION 5. In Colorado Revised Statutes, 44-10-501, add (13)
26
as follows:27
271
-29- 44-10-501. Medical marijuana store license.1
(13) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A MEDICAL
2
MARIJUANA STORE MAY BUY AND SELL AN IMMATURE MARIJUANA PLANT3
OR THE SEED OF A MARIJUANA PLANT , NOTWITHSTANDING THAT THE4
PLANT OR SEED IS UNADULTERATED .5
SECTION 6. In Colorado Revised Statutes, 44-10-502, add (11)6
as follows:7
44-10-502. Medical marijuana cultivation facility license -8
rules - definitions. (11) N
OTWITHSTANDING ANY PROVISION OF THIS
9
SECTION, A MEDICAL MARIJUANA STORE MAY BUY , GROW, AND SELL AN10
IMMATURE MARIJUANA PLANT OR THE SEED OF A MARIJUANA PLANT ,11
NOTWITHSTANDING THAT THE PLANT OR SEED IS UNADULTERATED .12
SECTION 7. In Colorado Revised Statutes, 44-10-503, add13
(1)(c) as follows:14
44-10-503. Medical marijuana products manufacturer license15
- rules - definition. (1) (c) A
PERSON MUST BE LICENSED AS A MEDICAL16
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE17
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING18
COMPOUNDS OR INTOXICATING CANNABINOIDS FROM MEDICAL MARIJUANA19
TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL MARIJUANA20
PRODUCT.21
SECTION 8. In Colorado Revised Statutes, 44-10-601, add (18)
22
as follows:23
44-10-601. Retail marijuana store license - rules - definitions.24
(18) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A RETAIL
25
MARIJUANA STORE MAY BUY AND SELL AN IMMATURE MARIJUANA PLANT26
OR THE SEED OF A MARIJUANA PLANT , NOTWITHSTANDING THAT THE27
271
-30- PLANT OR SEED IS UNADULTERATED .1
SECTION 9. In Colorado Revised Statutes, 44-10-602, add (15)2
as follows:3
44-10-602. Retail marijuana cultivation facility license - rules4
- definitions. (15) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION ,
5
A RETAIL MARIJUANA CULTIVATION FACILITY MAY BUY , GROW, AND SELL6
AN IMMATURE MARIJUANA PLANT OR THE SEED OF A MARIJUANA PLANT ,7
NOTWITHSTANDING THAT THE PLANT OR SEED IS UNADULTERATED .8
SECTION 10. In Colorado Revised Statutes, 44-10-603, add9
(1)(f) as follows:10
44-10-603. Retail marijuana products manufacturer license -11
rules - definition. (1) (f) A
PERSON MUST BE LICENSED AS A RETAIL12
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE13
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING14
COMPOUNDS OR INTOXICATING CANNABINOIDS FROM RETAIL MARIJUANA15
TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL MARIJUANA16
PRODUCTS IN ACCORDANCE WITH THIS ARTICLE 10.17
SECTION 11.
In Colorado Revised Statutes, 6-1-725, amend (1)18
as follows:19
6-1-725. Synthetic cannabinoids - incense - deceptive trade20
practice. (1) E
XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR21
ARTICLE 4 OF TITLE 25, it is unlawful for any person or entity to distribute,22
dispense, manufacture, display for sale, offer for sale, attempt to sell, or23
sell to a purchaser any product that contains any amount of any synthetic24
cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.
25
SECTION 12. In Colorado Revised Statutes, 18-18-406.1,26
amend (1) as follows:27
271
-31- 18-18-406.1. Unlawful use or possession of synthetic1
cannabinoids or salvia divinorum. (1) On and after January 1, 20122
E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it3
is unlawful for any person to use or possess any amount of any synthetic4
cannabinoid or salvia divinorum.5
SECTION 13.
In Colorado Revised Statutes, 18-18-406.2,6
amend (1) introductory portion as follows:7
18-18-406.2. Unlawful distribution, manufacturing,8
dispensing, sale, or cultivation of synthetic cannabinoids or salvia9
divinorum. (1) E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE10
10
OF TITLE 44, it is unlawful for any person knowingly to:11
SECTION 14.
In Colorado Revised Statutes, 30-15-401, amend12
(1.7) as follows:13
30-15-401. General regulations - definitions. (1.7) In addition14
to any other powers, a board of county commissioners may charge a fee15
for a local license and adopt resolutions or ordinances to establish16
requirements on businesses engaged in the storage, extraction, processing,17
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),18
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)19
25-5-427 (2)(d). A county shall not impose additional food production20
regulations on industrial hemp processors or HEMP products if the21
regulations conflict with state law.22
SECTION 15. In Colorado Revised Statutes, 31-15-501, amend23
(1)(r) as follows:24
31-15-501. Powers to regulate businesses. (1) The governing25
bodies of municipalities have the following powers to regulate26
businesses:27
271
-32- (r) To charge a fee for a local license and establish licensing1
requirements on businesses engaged in the storage, extraction, processing,2
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),3
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)4
25-5-427 (2)(d). A municipality shall not impose additional food5
production regulations on industrial hemp processors or HEMP products6
if the regulations conflict with state law.7
SECTION 16. In Colorado Revised Statutes, 39-28.8-101,8
amend (4) and (7) as follows:9
39-28.8-101. Definitions. Unless the context otherwise requires,10
any terms not defined in this article 28.8 have the meanings set forth in11
article 26 of this title 39. As used in this article 28.8, unless the context12
otherwise requires:13
(4) "Industrial "Hemp" means the plant of the genus cannabis and14
any part of such plant, whether growing or not, with a delta-915
tetrahydrocannabinol concentration that does not exceed three-tenths16
percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION17
35-61-101
(7).
18
(7) (a) (I) "Retail marijuana" means all parts of the plant of the19
genus cannabis whether growing or not, the seeds thereof OF THE PLANT,20
the resin extracted from any part of the plant, and every compound,21
manufacture, salt, derivative, mixture, or preparation of the plant, its22
seeds, or its resin, including marijuana concentrate;23
(II) "R
ETAIL MARIJUANA" INCLUDES:
24
(A) A
NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION25
44-10-103
(42.5), PRODUCED FROM RETAIL MARIJUANA ;
26
(B) A
POTENTIALLY INTOXICATING COMPOUND , AS DEFINED IN27
271
-33- SECTION 44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND1
(C) A
N INTOXICATING CANNABINOID , AS DEFINED IN SECTION2
44-10-103
(22.5), PRODUCED FROM RETAIL MARIJUANA .
3
(b) "Retail marijuana" does not include industrial hemp, nor does4
it include fiber produced from the stalks, oil, cake made from the seeds5
of the plant, sterilized seed of the plant that is incapable of germination,6
or the weight of any other ingredient combined with marijuana to prepare7
topical or oral administrations, food, drink, or other product.8
SECTION 17. In Colorado Revised Statutes, 39-28.8-501,9
amend (2)(b)(IV)(I) as follows:10
39-28.8-501. Marijuana tax cash fund - creation - distribution11
- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation12
in subsection (5) of this section, the general assembly may annually13
appropriate any money in the fund for the following purposes:14
(I) To research, regulate, study, and test industrial hemp or hemp15
seeds;16
SECTION 18. Appropriation. (1) For the 2023-24 state fiscal17
year, $1,277,463 is appropriated to the department of public health and18
environment. This appropriation consists of $575,289 from the general19
fund, $405,576 from the wholesale food manufacturing and storage20
protection cash fund created in section 25-5-426 (5), C.R.S., and21
$296,598 from the marijuana tax cash fund created in section22
39-28.8-501, C.R.S. To implement this act, the department may use this23
appropriation as follows:24
(a) $681,555, which consists of $575,289 from general fund and25
$106,266 from the marijuana tax cash fund, for administration and26
support related to disease control and public health response, which27
271
-34- amount is based on an assumption that the department will require an1
additional 1.9 FTE;2
(b) $405,576 from the wholesale food manufacturing and storage3
protection cash fund for enrironmental health programs, which amount is4
based on an assumption that the department will require an additional 3.55
FTE; and6
(c) $190,332 from the marijuana tax cash fund for for the7
purchase of legal services.8
(2) For the 2023-24 state fiscal year, $198,900 is appropriated to9
the department of revenue. This appropriation is from the marijuana cash10
fund created in section 44-10-801 (1)(a), C.R.S. To implement this act,11
the department may use this appropriation as follows:12
(a) $141,800 for marijuana enforcement, which amount is based13
on an assumption that the department will require an additional 1.5 FTE;14
and15
(b) $57,100 for the purchase of legal services.16
(3) For the 2023-24 state fiscal year, $247,432 is appropriated to17
the department of law. This appropriation is from reappropriated funds18
received from the departments of public health and environment and19
revenue under subsection (1)(c) and (2)(b) of this section and is based on20
an assumption that the department of law will require an additional 1.321
FTE. To implement this act, the department of law may use this22
appropriation to provide legal services for the departments of public23
health and environment and revenue.24
SECTION 19. Applicability. This act applies to offenses25
committed or conduct occurring on or after the effective date of this act.26
SECTION 20. Safety clause. The general assembly hereby finds,27
271
-35- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
271
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