First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0932.01 Jery Payne x2157
SENATE BILL 23-271
Senate Committees House Committees
Finance Finance
Appropriations 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
HOUSE
Amended 2nd Reading
May 6, 2023
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;26
(III) C
ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING27
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 ONE AND THREE -FOURTHS
4
MILLIGRAMS 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 " MEANS A CANNABINOID THAT
8
IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN THIS SECTION OR BY9
RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE10
LICENSING AUTHORITY, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND11
(4)(h) OF THIS SECTION.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, IN ACCORDANCE WITH SUBSECTIONS20
(4)(g) AND (4)(h) OF THIS SECTION.21
(h) "PHYSICAL SEPARATION" MEANS SEGREGATION OF THE22
OPERATIONS OF A REGULATED HEMP FACILITY :23
(I) INCLUDING THE PHYSICAL SEPARATION OF HEMP PRODUCTS AND24
SAFE HARBOR HEMP PRODUCTS DURING MANUFACTURE , PRODUCTION,25
STORAGE, AND DISTRIBUTION; AND26
(II) THE USE OF SEPARATE EQUIPMENT FOR THE MANUFACTURE OR27
271
-6- PRODUCTION OF HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS .1
(i) "POTENTIALLY INTOXICATING CANNABINOID" HAS THE2
MEANING SET FORTH IN SECTION 44-10-103 (48.5).3
(j) "REGISTRANT" MEANS A PERSON REGISTERED UNDER4
SUBSECTION (5) OF THIS SECTION.5
(k) "REGULATED HEMP FACILITY" MEANS:6
(I) A
HEMP MANUFACTURER OR STORAGE FACILITY ; OR7
(II) A
SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .8
(l) "SAFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED9
COMPOUND OR CANNABINOID , WHETHER A FINISHED PRODUCT OR IN THE10
PROCESS OF BEING PRODUCED, THAT IS PERMITTED TO BE MANUFACTURED11
FOR DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR12
DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR13
DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR14
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN COLORADO FOR EXPORT15
FROM COLORADO BUT THAT IS NOT PERMITTED TO BE SOLD OR16
DISTRIBUTED IN COLORADO.17
(m) "SAFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR18
"
SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR19
DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR20
DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR21
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR22
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION A SAFE HARBOR HEMP23
PRODUCT.24(n) "SEMI-SYNTHETIC CANNABINOID " HAS THE MEANING SET25
FORTH IN SECTION 44-10-208 (2)(b).26
(o) "SERVING" MEANS THE SIZE OR PORTION CUSTOMARILY27
271
-7- CONSUMED PER EATING OCCASION , EXPRESSED IN A COMMON HOUSEHOLD1
MEASURE AS ESTABLISHED IN TABLE 2 OF 21 CFR 101.12.2
(p) "STATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH3
IN SECTION 44-10-103 (69).4
(q) "SYNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN5
SECTION 44-10-208 (2)(c).6
(r) "TETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET7
FORTH IN SECTION 44-10-208 (2)(d).8
(s) "TINCTURE" MEANS A LIQUID HEMP PRODUCT THAT IS9
PACKAGED IN A CONTAINER OF FOUR FLUID OUNCES OR LESS, THAT IS NOT10
A BEVERAGE OR INTENDED FOR DRINKING , AND THAT CONSISTS OF A11
SOLUTION:12
(I) C
ONTAINING AT LEAST TWENTY -FIVE PERCENT
13
NON-DENATURED ALCOHOL OR A BASE OF GLYCERIN OR PLANT-BASED OIL;14
(II) C
ONTAINING HEMP, HEMP CONCENTRATE, OR HEMP EXTRACT;
15
AND16
(III) I
NTENDED FOR HUMAN USE .
17
(3) Powers and duties of the department - rules. T
HE18
DEPARTMENT HAS THE POWER AND DUTY TO :19
(a) G
RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION20
(5)
OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A21
REGISTRATION;22
(b) S
USPEND, DENY, OR REVOKE A REGISTRATION UNDER23
CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED24
UNDER THIS SECTION;25
(c) R
EVIEW ANY RECORDS OF A REGISTRANT THAT M ANUFACTURES26
FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR27
271
-8- DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR1
DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR2
DISTRIBUTION, OR HOLDS FOR DISTRIBUTION PRODUCTS SUBJECT TO THIS3
SECTION AS NECESSARY TO VERIFY COMPLIANCE WITH THIS SECTION ;4
(d) P
ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT5
CHEMICAL MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF6
CANNABINOIDS OR OTHER HEMP -DERIVED COMPOUNDS , UNLESS7
OTHERWISE PERMITTED BY THIS PART 4 OR BY ANY RULES PROMULGATED8
UNDER THIS PART 4;9
(e) (I)
PROMULGATE RULES, IN COORDINATION WITH THE STATE10
LICENSING AUTHORITY, ESTABLISHING THE AMOUNT OF ANY CANNABINOID11
THAT MAKES THE CANNABINOID INTOXICATING ;12
(II) P
ROMULGATE RULES IMPLEMENTING SUBSECTION (8) OF THIS
13
SECTION;14
(III) IF NECESSARY, PROMULGATE RULES CREATING A PROCESS TO15
PREVENT CROSS CONTAMINATION BETWEEN HEMP PRODUCTS AND SAFE16
HARBOR HEMP PRODUCTS AND SPECIFYING A SET OF REQUIREMENTS FOR:17
(A) THE CO-LOCATION OF THE MANUFACTURE OF, PRODUCTION OF,18
STORAGE OF, AND DISTRIBUTION OF HEMP PRODUCTS AND SAFE HARBOR19
HEMP PRODUCTS; AND20
(B) THE USE OF THE SAME EQUIPMENT FOR THE PRODUCTION OF21
SAFE HARBOR HEMP PRODUCTS AND HEMP PRODUCTS .22
(IV) PROMULGATE RULES PROHIBITING THE EXPORT OF A SAFE23
HARBOR HEMP PRODUCT TO A STATE WHERE THE SAFE HARBOR HEMP24
PRODUCT IS PROHIBITED BY STATE STATUTE; AND25
(V) PROMULGATE RULES PROHIBITING THE MANUFACTURE ,26
PRODUCTION, OR DISTRIBUTION OF A SAFE HARBOR PRODUCT THAT IS ALSO27
271
-9- A SYNTHETIC CANNABINOID;1
(f) P
ROMULGATE RULES GOVERNING TESTING AND LABELING ,
AS2
PROVIDED IN SUBSECTIONS (4)(c)(II) AND (4)(d)(III) OF THIS SECTION; 3
(g) PROMULGATE RULES AUTHORIZING, PROHIBITING, OR4
REGULATING HEMP-DERIVED INGREDIENTS IN HEMP PRODUCTS THAT ARE5
COMPOUNDS OTHER THAN CANNABINOIDS ;6
(h) PROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR7
THE FAIR, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS8
PART 4 WITH RESPECT TO HEMP, HEMP PRODUCTS, OR SAFE HARBOR HEMP9
PRODUCTS; AND10
(i) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO11
ADDRESS VIOLATIONS OF THIS SECTION.12
(4) Classifications of hemp-derived compounds and13
cannabinoids - rules. (a) H
EMP-DERIVED COMPOUNDS AND14
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :15
(I) N
ONINTOXICATING CANNABINOIDS ;16
(II) P
OTENTIALLY INTOXICATING
CANNABINOIDS; AND17
(III) I
NTOXICATING CANNABINOIDS .18
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :19
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE20
THAN ONE AND THREE-FOURTHS
MILLIGRAMS OF THC PER SERVING AND21
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL22
TO FIFTEEN TO ONE;23
(B) B
ROAD SPECTRUM HEMP EXTRACT ;24
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";25
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";26
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";27
271
-10- (F) CANNABICITRAN, ALSO KNOWN AS "CBT";1
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";2
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";3
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";4
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND5
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".6
(II) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM7
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A8
FINISHED HEMP PRODUCT IN ACCORDANCE WITH THIS SECTION AND THE9
RULES PROMULGATED UNDER THIS PART 4 OR IN ACCORDANCE WITH10
ARTICLE 10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE11
10
OF TITLE 44.12
(c) (I) A
PERSON SHALL NOT:13
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY14
INTOXICATING
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A15
HEMP PRODUCT OR AS A FINISHED HEMP PRODUCT , UNLESS THE16
POTENTIALLY INTOXICATING CANNABINOID IS A SAFE HARBOR HEMP17
PRODUCT THAT IS EXPORTED FROM COLORADO; OR18
(B) M
ARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC19
OR ANY OTHER POTENTIALLY INTOXICATING
CANNABINOID.20
(II) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES21
A PRODUCT CONTAINING A POTENTIALLY INTOXICATING
CANNABINOID22
SHALL LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES23
PROMULGATED UNDER THIS SECTION .24
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN25
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO26
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:27
271
-11- (A) DELTA-10 THC AND ITS ISOMERS;1
(B) D
ELTA-9 THC AND ITS ISOMERS;2
(C) D
ELTA-8 THC AND ITS ISOMERS;3
(D) D
ELTA-7 THC AND ITS ISOMERS;4
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;5
(F) E
XO-TETRAHYDROCANNABINOL ;6
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,7
3-
HYDROXY-THC, OR 7-HYDROXY-THC;8
(H) H
YDROGENATED FORMS OF THC, INCLUDING9
HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND10
HEXAHYDROCANNABIHEXOL ;11
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;12
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,13
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;14
(K) T
ETRAHYDROCANNABIVARINS , INCLUDING DELTA -815
TETRAHYDROCANNABIVARIN BUT EXCLUDING DELTA -916
TETRAHYDROCANNAB IVARIN ;17
(L) A
NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL18
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING19
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,20
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND21
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING22
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION23
(4)(d)(I).24
(II) A
PERSON SHALL NOT:25
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING26
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT27
271
-12- OR AS A FINISHED HEMP PRODUCT , UNLESS THE INTOXICATING1
CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM2
C
OLORADO; OR3
(B) M
ARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR4
HEMP PRODUCT AS CONTAINING THC OR ANY OTHER INTOXICATING5
CANNABINOID.6
(III) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES7
A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL8
THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER9
THIS SECTION.10
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR11
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A12
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC13
CANNABINOIDS ARE PERMITTED BY RULE , THE DEPARTMENT , IN14
COORDINATION WITH THE STATE LICENSING AUTHORITY , SHALL15
PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE16
MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN17
C
OLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR18
ANY HEMP-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN19
C
OLORADO THAT CONTAINS A SEMI -SYNTHETIC OR SYNTHETIC20
CANNABINOID AS AN INGREDIENT .21
(II) T
O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,22
SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND23
LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE24
DEPARTMENT UNDER SECTION 25-5-420 AND SUBSECTION (4)(e)(I) OF THIS25
SECTION.26
(f) T
HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A27
271
-13- CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT1
ARE 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 IN THIS STATE CONTAIN5
INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING6
CANNABINOIDS.7
(g) T
HE DEPARTMENT, IN COORDINATION WITH THE STATE8
LICENSING AUTHORITY, MAY PROMULGATE RULES TO :9
(I) C
LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT10
IS NOT CLASSIFIED IN THIS SUBSECTION (4);
11
(II) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID12
CLASSIFIED IN THIS SUBSECTION (4) IF:13
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED14
A PROCESS TO REVIEW AND APPROVE HEMP -DERIVED COMPOUNDS OR15
CANNABINOIDS;16
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN17
SUBSECTION (4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING18
POTENTIAL OF THE HEMP-DERIVED COMPOUND OR CANNABINOID ; AND19
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE20
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (4)(g)(II)(A) AND21
(4)(g)(II)(B)
OF THIS
SECTION.22
(h) TO RECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID,23
UNDER SUBSECTION (4)(g) OF THIS SECTION, THE RECLASSIFICATION MUST:24
(I) BE SUPPORTED BY PEER-REVIEWED RESEARCH OR CLINICAL25
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC26
CERTAINTY THAT THE HEMP-DERIVED COMPOUND OR CANNABINOID OR A27
271
-14- PRODUCT CONTAINING A HEMP-DERIVED COMPOUND OR CANNABINOID1
SHOULD BE RECLASSIFIED; OR2
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING3
SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT4
REPORTS. 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 :12
(A) IS PHYSICALLY SEPARATED FROM HEMP PRODUCTS DURING THE13
MANUFACTURE OF, PRODUCTION OF, STORAGE OF, AND DISTRIBUTION OF14
THE SAFE HARBOR HEMP PRODUCT ;15
(B) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN16
ACCORDANCE WITH PROCEDURES THAT ARE APPROVED BY THE17
DEPARTMENT AND THAT ENSURE NO CROSS CONTAMINATION BETWEEN18
HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS ; OR19
(C) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN20
ACCORDANCE WITH RULES OF THE DEPARTMENT PROMULGATED IN21
ACCORDANCE WITH SUBSECTION (3)(e)(III) OF THIS SECTION.22
(III) T
O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE23
HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCORDANCE24
WITH RULES PROMULGATED UNDER SECTION 25-5-420 AND SUBSECTION25
(4)(e)
OF THIS SECTION.26
(d) A
REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS27
271
-16- SUBJECT TO SUSPENSION OR REVOCATION , IN ACCORDANCE WITH ARTICLE1
4
OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES2
PROMULGATED UNDER THIS PART 4.3
(e) A
REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE4
CIVIL PENALTIES ESTABLISHED IN SUBSECTION (9) OF THIS SECTION.5
(f) (I) SUBSECTIONS (5)(a) TO (5)(e) OF THIS SECTION DO NOT6
APPLY TO A REGULATED HEMP FACILITY UNTIL THE DEPARTMENT7
PROMULGATES RULES IMPLEMENTING THIS SUBSECTION (5). A REGULATED8
HEMP FACILITY MAY CONTINUE MANUFACTURING , PRODUCING, AND9
DISTRIBUTING HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS UNTIL10
THE DEPARTMENT PROMULGATES RULES IMPLEMENTING THIS SUBSECTION11
(5) IF THE REGULATED HEMP FACILITY COMPLIES WITH THE CURRENTLY12
APPLICABLE STATUTES AND RULES .13
(II) THIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2025.14
(6) Hemp products not adulterated. A
PRODUCT CONTAINING15
HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED , AS16
DEFINED IN SECTIONS 25-5-410 AND 25-5-416, UNLESS THE PRODUCT17
MEETS ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN18
SECTION 25-5-410 OR 25-5-416.19
(7) Fees deposited in fund. T
HE DEPARTMENT SHALL TRANSMIT20
FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION21
TO THE STATE TREASURER , WHO SHALL CREDIT THE FEES TO THE22
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH23
FUND ESTABLISHED IN SECTION 25-5-426 (5).24
(8) Offenses. I
T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY25
CAUSE A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS :26
(a) M
ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR27
271
-17- OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING1
CANNABINOIDS OR POTENTIALLY INTOXICATING CANNABINOIDS IN EXCESS2
OF LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION3
(3)(e)
OF THIS SECTION OR SECTION 25-5-420;4
(b) M
ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT5
A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN6
HERB;7
(c) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR8
HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WITHOUT9
REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;
10
(d) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
11
HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT12
WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;13
(e) (I) SELLING A HEMP PRODUCT WITH MORE THAN ONE-HALF14
MILLIGRAM OF THC PER SERVING TO A PERSON UNDER TWENTY -ONE15
YEARS OF AGE.16
(II) THIS SUBSECTION (8)(e) DOES NOT APPLY TO:17
(A) PRODUCTS WITH NO THC;18
(B) TINCTURES;19
(C) COSMETICS; OR20
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG21
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE22
UNDER THE "FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.23
301 ET SEQ.24
(f) (I) SELLING A HEMP PRODUCT WITH ONE-HALF MILLIGRAM OR25
LESS OF THC PER SERVING TO A PERSON UNDER TWENTY-ONE YEARS OF26
AGE IN A PACKAGE OF MORE THAN TEN SERVINGS ; OR27
271
-18- (II) SELLING MORE THAN THREE PACKAGES WITH NO MORE THAN1
TEN SERVINGS EACH OF HEMP PRODUCTS WITH ONE-HALF MILLIGRAM OR2
LESS OF THC PER SERVING IN A PACKAGE TO A PERSON UNDER3
TWENTY-ONE YEARS OF AGE.4
(III) THIS SUBSECTION (8)(f) DOES NOT APPLY TO:5
(A) PRODUCTS WITH NO THC;6
(B) TINCTURES;7
(C) COSMETICS; OR8
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG9
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE10
UNDER THE "FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.11
301 ET SEQ. 12
(9) Penalties. A
PERSON WHO VIOLATES THIS SECTION, THE RULES13
PROMULGATED UNDER THIS SECTION , OR A FINAL CEASE-AND-DESIST14
ORDER OR CLEAN-UP ORDER UNDER SUBSECTION
(3)(i) OF THIS SECTION IS15
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUS AND DOLLARS16
PER DAY PER VIOLATION . THE DEPARTMENT OR THE COURT SHALL17
TRANSMIT EACH CIVIL PENALTY COLLECTED UNDER THIS SUBSECTION (9)18
TO THE STATE TREASURER , WHO SHALL CREDIT THE PENALTY TO THE19
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH20
FUND ESTABLISHED IN SECTION 25-5-426 (5). IN DETERMINING THE21
AMOUNT OF A CIVIL PENALTY UNDER THIS SUBSECTION (9), THE22
DEPARTMENT OR THE COURT SHALL CONSIDER THE FOLLOWING FACTORS :23
(a) T
HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;24
(b) T
HE VIOLATOR'S COMPLIANCE HISTORY;25
(c) W
HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR26
NEGLIGENT;27
271
-19- (d) THE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR1
ENVIRONMENT AS A RESULT OF THE VIOLATION ;2
(e) T
HE DURATION OF THE VIOLATION; AND3
(f) A
NY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A4
RESULT OF THE VIOLATION.5
(10) Inspections and monitoring - rules. (a) F
OR THE PURPOSE6
OF ENFORCEMENT OF THIS SECTION , THE DEPARTMENT MAY CONDUCT7
INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH8
SECTION 25-5-421.9
(b) U
NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT10
CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND11
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES12
OR PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE13
MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION ,14
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED15
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR16
DISTRIBUTION, OR HELD FOR DISTRIBUTION.17
(c) T
HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING18
MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN19
ACCORDANCE WITH GOOD MANUFACTURING PRACTICES . THE RULES MAY20
INCLUDE INVENTORY TRACKING , SURVEILLANCE, AND RECORD-KEEPING21
REQUIREMENTS.22
SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal23
(21) and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as24
follows:25
44-10-103. Definitions - rules. As used in this article 10, unless26
the context otherwise requires:27
271
-20- (17.5) "HEMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION1
25-5-427 (2)(d).2
(21) "Industrial hemp" means a plant of the genus cannabis and3
any part of the plant, whether growing or not, containing a delta-94
tetrahydrocannabinol concentration of no more than three-tenths of one5
percent on a dry weight basis.6
(22) "Industrial hemp product" means a finished product7
containing industrial hemp that:8
(a) Is a cosmetic, food, food additive, or herb;9
(b) Is for human use or consumption;10
(c) Contains any part of the hemp plant, including naturally11
occurring cannabinoids, compounds, concentrates, extracts, isolates,12
resins, or derivatives; and13
(d) Contains a delta-9 tetrahydrocannabinol concentration of no14
more than three-tenths of one percent on a dry weight basis.15
(22.5) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID16
THAT IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION17
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN18
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND19
ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF20
THIS SECTION.21
(42.5) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID22
THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN SECTION23
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN24
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND25
ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF26
THIS SECTION.27
271
-21- (42.6) "NOVEL CANNABINOID" MEANS ANY CANNABINOID THAT1
HAS NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A2
SAFETY PROFILE AND INTOXICATION PROFILE .3
(48.5) (a) "P
OTENTIALLY INTOXICATING
CANNABINOID" MEANS:4
(I) A
NOVEL CANNABINOID; AND5
(II) A
CANNABINOID THAT IS NOT A PHYTOCANNABINOID .6
(b) "P
OTENTIALLY INTOXICATING
CANNABINOID" DOES NOT7
INCLUDE:8
(I) N
ONINTOXICATING CANNABINOIDS ; OR9
(II) C
ANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY10
DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP11
EXTRACT.12
SECTION 4. In Colorado Revised Statutes, add 44-10-207 and13
44-10-208 as follows:14
44-10-207. Feasibility study - standing committee - report -15
definition - repeal. (1) (a) O
N OR BEFORE JULY 1, 2024, THE EXECUTIVE16
DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT17
ANALYZING THE FEASIBILITY OF ESTABLISHING A STANDING COMMITTEE18
TO EVALUATE CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS FOR THE19
PURPOSE OF DETERMINING AND M AKING RECOMMENDATIONS REGARDING20
THEIR SAFETY PROFILES AND POTENTIAL FOR INTOXICATION . THE REPORT21
MUST CONSIDER AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE22
FOLLOWING SUBJECTS:23
(I) T
HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE24
INVOLVED IN, AND THEIR ROLE IN, THE EVALUATION PROCESS;25
(II) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE26
SAFETY PROFILES OF CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS,27
271
-22- INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE1
SUCH A DETERMINATION;2
(III) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE3
POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS -DERIVED4
PRODUCTS, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE5
WOULD MAKE SUCH A DETERMINATION ;6
(IV) R
ECOMMENDATIONS AS TO MEMBERS OF A STANDING7
COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A8
STANDING COMMITTEE;9
(V) R
ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR10
IMPLEMENTATION OF A STANDING COMMITTEE ; AND11
(VI) T
HE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO12
IMPLEMENT AND ADMINISTER A STANDING COMMITTEE .13
(b) T
O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION14
(1)(a)
OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,15
INCLUDING:16
(I) T
HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION17
25-1-105
OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;18
(II) T
HE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE19
TOXICOLOGIST;20
(III) A
N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND21
CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS ;22
(IV) A
CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF23
ADMINISTRATION OF RELEVANT PRODUCTS ;24
(V) A
MEDICAL TOXICOLOGIST; AND25
(VI) A
PHARMACOLOGIST WITH EXPERTISE IN DRUG26
DEVELOPMENT.27
271
-23- (2) AS USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE1
DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY2
OFFICE, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH3
AND ENVIRONMENT.4
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.5
44-10-208. Classes of marijuana-derived cannabinoids and6
compounds - definitions - privileges - prohibitions - rule-making -7
rules. (1) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS AND8
DECLARES THAT:9
(a) T
HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY10
INTOXICATING
CANNABINOIDS AND INTOXICATING CANNABINOIDS , AND11
THE REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING12
CANNABINOIDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED ,13
PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES14
PROMULGATED UNDER THIS ARTICLE 10:15
(I) I
S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND16
(II) W
ILL BENEFIT CONSUMERS BY ENSURING THAT THE17
MANUFACTURE, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED18
POTENTIALLY INTOXICATING
CANNABINOIDS AND INTOXICATING19
CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC20
HEALTH; AND21
(b) T
HE TAXATION OF MARIJUANA -DERIVED POTENTIALLY22
INTOXICATING
CANNABINOIDS AND INTOXICATING CANNABINOIDS MUST23
BE ADDRESSED TO ENSURE BOTH COMPLIANCE WITH COLORADO VOTERS'24
INTENT AND EQUITABLE ECONOMIC TREATMENT .25
(2) Definitions . A
S USED IN THIS SECTION, UNLESS THE CONTEXT26
OTHERWISE REQUIRES:27
271
-24- (a) "HEMP" HAS THE MEANING SET FORTH IN SECTION 35-61-1011
(7).2
(b) (I) "S
EMI-SYNTHETIC CANNABINOID " MEANS A SUBSTANCE3
THAT IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE4
CANNABINOID EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A5
DIFFERENT CANNABINOID.6
(II) "S
EMI-SYNTHETIC CANNABINOID" INCLUDES CANNABINOIDS,7
SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF8
CANNABIDIOL.9
(III) "S
EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE10
CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY11
OCCURRING ACIDIC FORMS OF CANNABINOIDS , SUCH AS12
TETRAHYDROCANNABI NOLIC ACID , INTO THE CORRESPONDING NEUTRAL13
CANNABINOID, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,14
WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT15
RESULTS IN NO OTHER CHEMICAL CHANGE .16
(c) (I) "S
YNTHETIC CANNABINOID" MEANS A CANNABINOID-LIKE17
COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS ,18
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION , INCLUDING BY19
USING IN-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A20
METHOD.21
(II) "S
YNTHETIC CANNABINOID" DOES NOT INCLUDE:22
(A) A
COMPOUND PRODUCED THROUGH THE DECARBOXYLATION23
OF NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS ; OR24
(B) A
SEMI-SYNTHETIC CANNABINOID.25
(d) (I) "T
ETRAHYDROCANNABINOL " OR "THC" MEANS THE26
SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE27
271
-25- RESINOUS EXTRACTS OF THE CANNABIS SPECIES , OR A CARBOXYLIC ACID1
OF, DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER2
OF THESE SUBSTANCES.3
(II) "T
ETRAHYDROCANNABINOL " OR "THC" INCLUDES:4
(A) D
ELTA-10 THC AND ITS ISOMERS;5
(B) D
ELTA-9 THC AND ITS ISOMERS;6
(C) D
ELTA-8 THC AND ITS ISOMERS;7
(D) D
ELTA-7 THC AND ITS ISOMERS;8
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS; AND9
(F) E
XO-TETRAHYDROCANNABINOL ;10
(III) "T
ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:11
(A) P
RODUCTS OF ANY OF THE COMPOUNDS LISTED IN12
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR13
(B) M
ETABOLITES OF ANY OF THE COMPOUNDS LISTED IN14
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.15
(3) Classification of marijuana-derived compounds and16
cannabinoids - rules. (a) M
ARIJUANA-DERIVED COMPOUNDS AND17
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :18
(I) N
ONINTOXICATING CANNABINOIDS ;19
(II) P
OTENTIALLY INTOXICATING
CANNABINOIDS; 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
-26- (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) (A) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED10
FROM HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS11
A FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION 25-5-427 AND12
THE RULES PROMULGATED UNDER PART 4 OF ARTICLE 5 OF TITLE 25 OR IN13
ACCORDANCE WITH THIS ARTICLE 10 AND ANY RULES PROMULGATED14
UNDER THIS ARTICLE 10.15
(B) A
RETAIL MARIJUANA PR ODUCT CONTAINING A
16
MARIJUANA-DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT17
IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH18
SECTION 39-28.8-202.19
(c) (I) A
LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE,20
PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING
CANNABINOIDS21
THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE22
10
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.23
(II) A
RETAIL MARIJUANA PR ODUCT CONTAINING A
24
MARIJUANA-DERIVED POTENTIALLY INTOXICATING CANNABINOID AS AN25
INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE26
WITH SECTION 39-28.8-202.27
271
-27- (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) V
ARIN FORMS OF THC, 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
(3)(d)(I).27
271
-28- (II) (A) A PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN1
INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN2
INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED3
REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE 104
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.5
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
6
MARIJUANA-DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS7
SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION8
39-28.8-202.9
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR10
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A11
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC12
CANNABINOIDS ARE PERMITTED BY RULE , THE STATE LICENSING13
AUTHORITY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH14
AND ENVIRONMENT, SHALL PROMULGATE RULES PROVIDING STANDARDS15
AND REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF16
SYNTHETIC CANNABINOIDS IN COLORADO. THE RULES MUST INCLUDE A17
REQUIREMENT THAT MARIJUANA -DERIVED PRODUCTS MANUFACTURED OR18
PRODUCED IN COLORADO THAT CONTAIN A SEMI -SYNTHETIC OR19
SYNTHETIC CANNABINOID AS AN INGREDIENT ARE LABELED IN20
ACCORDANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE 10.21
(II) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES22
THAT ARE NECESSARY FOR THE FAIR , IMPARTIAL, AND COMPREHENSIVE23
ADMINISTRATION OF THIS SECTION.24
(III) A
PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES25
SEMI-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,26
TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE27
271
-29- STATE LICENSING AUTHORITY.1
(f) T
HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE2
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE3
RULES TO:4
(I) C
LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID5
THAT IS NOT CLASSIFIED IN THIS SUBSECTION (3);
6
(II) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR7
CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF:8
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED9
A PROCESS TO REVIEW AND APPROVE MARIJUANA -DERIVED COMPOUNDS10
OR CANNABINOIDS;11
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN12
SUBSECTION (3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING13
POTENTIAL OF THE MARIJUANA -DERIVED COMPOUND OR CANNABINOID ;14
AND15
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE16
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (3)(f)(II)(A) AND17
(3)(f)(II)(B)
OF THIS
SECTION.18
(g) TO RECLASSIFY A MARIJUANA -DERIVED COMPOUND OR19
CANNABINOID, UNDER SUBSECTION (3)(f) OF THIS SECTION, THE20
RECLASSIFICATION MUST:21
(I) BE SUPPORTED BY PEER- REVIEWED RESEARCH OR CLINICAL22
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC23
CERTAINTY THAT THE MARIJUANA-DERIVED COMPOUND OR CANNABINOID24
OR A PRODUCT CONTAINING A MARIJUANA-DERIVED COMPOUND OR25
CANNABINOID SHOULD BE RECLASSIFIED ; OR26
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING27
271
-30- SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT1
REPORTS.2
(4) Rules. I N ADDITION TO ANY POWERS LISTED IN THIS SECTION,3
THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES:4
(a) NECESSARY TO AUTHORIZE OR PROHIBIT CHEMICAL5
MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF6
CANNABINOIDS OR MARIJUANA-DERIVED COMPOUNDS, UNLESS OTHERWISE7
PERMITTED BY THIS ARTICLE 10 AND THE RULES PROMULGATED UNDER8
THIS ARTICLE 10; OR9
(b) AUTHORIZING, PROHIBITING, OR REGULATING10
MARIJUANA-DERIVED INGREDIENTS IN MEDICAL OR RETAIL MARIJUANA11
PRODUCTS THAT ARE COMPOUNDS OTHER THAN CANNABINOIDS .12
13
SECTION 5. In Colorado Revised Statutes, 44-10-502, amend14
(7) as follows:15
44-10-502. Medical marijuana cultivation facility license -16
rules - definitions. (7) (a) A medical marijuana cultivation facility shall17
only obtain medical marijuana seeds or immature plants from its own18
medical marijuana, commonly owned from the retail marijuana of an19
identical direct beneficial owner, or marijuana that is properly transferred20
from another medical marijuana business pursuant to the inventory21
tracking requirements imposed by rule. IN ACCORDANCE WITH THE RULES22
PROMULGATED BY THE STATE LICENSING AUTHORITY, A MEDICAL23
MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,24
MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC25
MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY ,26
FROM:27
271
-31- (I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION1
FACILITY;2
(II) A RETAIL MARIJUANA TESTING FACILITY;3
(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE4
IN ANOTHER JURISDICTION; OR5
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE6
LICENSING AUTHORITY.7
(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE8
RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO9
TRANSFER IMMATURE PLANTS , MARIJUANA SEEDS, AND MARIJUANA10
GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE11
STATE LICENSING AUTHORITY, FROM:12
(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION13
FACILITY;14
(B) A RETAIL MARIJUANA TESTING FACILITY;15
(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE16
IN ANOTHER JURISDICTION; OR17
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE18
LICENSING AUTHORITY.19
(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (7)(b)20
MUST INCLUDE INVENTORY TRACKING , REPORTING , AND21
RECORDING-KEEPING REQUIREMENTS.22
SECTION 6. In Colorado Revised Statutes, 44-10-503, add23
(1)(c) as follows:24
44-10-503. Medical marijuana products manufacturer license25
- rules - definition. (1) (c) A
PERSON MUST BE LICENSED AS A MEDICAL26
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE27
271
-32- AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING1
CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM MEDICAL2
MARIJUANA TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL3
MARIJUANA PRODUCT.4
5
SECTION 7. In Colorado Revised Statutes, 44-10-602, amend6
(12) as follows:7
44-10-602. Retail marijuana cultivation facility license - rules8
- definitions. (12) (a) A retail marijuana cultivation facility shall only9
obtain retail marijuana seeds or immature plants from its own retail10
marijuana, commonly owned from the medical marijuana of an identical11
direct beneficial owner, or marijuana that is properly transferred from12
another retail marijuana business pursuant to the inventory tracking13
requirements imposed by rule. IN ACCORDANCE WITH THE RULES14
PROMULGATED BY THE STATE LICENSING AUTHORITY, A RETAIL15
MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,16
MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC17
MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY ,18
FROM:19
(I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION20
FACILITY;21
(II) A RETAIL MARIJUANA TESTING FACILITY;22
(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE23
IN ANOTHER JURISDICTION; OR24
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE25
LICENSING AUTHORITY.26
(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE27
271
-33- RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO1
TRANSFER IMMATURE PLANTS, MARIJUANA SEEDS, AND MARIJUANA2
GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE3
STATE LICENSING AUTHORITY, FROM:4
(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION5
FACILITY;6
(B) A RETAIL MARIJUANA TESTING FACILITY;7
(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE8
IN ANOTHER JURISDICTION; OR9
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE10
LICENSING AUTHORITY.11
(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (12)(b)12
MUST INCLUDE INVENTORY TRACKING , REPORTING , AND13
RECORDING-KEEPING REQUIREMENTS.14
SECTION 8. In Colorado Revised Statutes, 44-10-603, add (1)(f)15
as follows:16
44-10-603. Retail marijuana products manufacturer license -17
rules - definition. (1) (f) A
PERSON MUST BE LICENSED AS A RETAIL18
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE19
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING20
CANNABINOIDS OR INTOXICATING C ANNABINOIDS FROM RETAIL21
MARIJUANA TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL22
MARIJUANA PRODUCTS IN ACCORDANCE WITH THIS ARTICLE 10.23
SECTION 9. In Colorado Revised Statutes, 6-1-725, amend (1)24
as follows:25
6-1-725. Synthetic cannabinoids - incense - deceptive trade26
practice. (1) E
XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR27
271
-34- ARTICLE 4 OF TITLE 25, it is unlawful for any person or entity to distribute,1
dispense, manufacture, display for sale, offer for sale, attempt to sell, or2
sell to a purchaser any product that contains any amount of any synthetic3
cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.4
SECTION 10. In Colorado Revised Statutes, 18-18-406.1,5
amend (1) as follows:6
18-18-406.1. Unlawful use or possession of synthetic7
cannabinoids or salvia divinorum. (1) On and after January 1, 20128
E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it9
is unlawful for any person to use or possess any amount of any synthetic10
cannabinoid or salvia divinorum.11
SECTION
11. In Colorado Revised Statutes, 18-18-406.2,12
amend (1) introductory portion as follows:13
18-18-406.2. Unlawful distribution, manufacturing,14
dispensing, sale, or cultivation of synthetic cannabinoids or salvia15
divinorum. (1) E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE16
10
OF TITLE 44, it is unlawful for any person knowingly to:17
SECTION
12. In Colorado Revised Statutes, 30-15-401, amend18
(1.7) as follows:19
30-15-401. General regulations - definitions. (1.7) In addition20
to any other powers, a board of county commissioners may charge a fee21
for a local license and adopt resolutions or ordinances to establish22
requirements on businesses engaged in the storage, extraction, processing,23
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),24
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)25
25-5-427 (2)(d). A county shall not impose additional food production26
regulations on industrial hemp processors or HEMP products if the27
271
-35- regulations conflict with state law.1
SECTION 13. In Colorado Revised Statutes, 31-15-501, amend2
(1)(r) as follows:3
31-15-501. Powers to regulate businesses. (1) The governing4
bodies of municipalities have the following powers to regulate5
businesses:6
(r) To charge a fee for a local license and establish licensing7
requirements on businesses engaged in the storage, extraction, processing,8
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),9
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)10
25-5-427 (2)(d). A municipality shall not impose additional food11
production regulations on industrial hemp processors or HEMP products12
if the regulations conflict with state law.13
SECTION 14. In Colorado Revised Statutes, 39-28.8-101,14
amend (4) and (7) as follows:15
39-28.8-101. Definitions. Unless the context otherwise requires,16
any terms not defined in this article 28.8 have the meanings set forth in17
article 26 of this title 39. As used in this article 28.8, unless the context18
otherwise requires:19
(4) "Industrial "Hemp" means the plant of the genus cannabis and20
any part of such plant, whether growing or not, with a delta-921
tetrahydrocannabinol concentration that does not exceed three-tenths22
percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION23
35-61-101
(7).
24
(7) (a) (I) "Retail marijuana" means all parts of the plant of the25
genus cannabis whether growing or not, the seeds thereof OF THE PLANT,26
the resin extracted from any part of the plant, and every compound,27
271
-36- manufacture, salt, derivative, mixture, or preparation of the plant, its1
seeds, or its resin, including marijuana concentrate;2
(II) "R
ETAIL MARIJUANA" INCLUDES:
3
(A) A
NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION4
44-10-103
(42.5), PRODUCED FROM RETAIL MARIJUANA ;
5
(B) A
POTENTIALLY INTOXICATING
CANNABINOID, AS DEFINED IN6
SECTION 44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND7
(C) A
N INTOXICATING CANNABINOID , AS DEFINED IN SECTION8
44-10-103
(22.5), PRODUCED FROM RETAIL MARIJUANA .
9
(b) "Retail marijuana" does not include industrial hemp, nor does10
it include fiber produced from the stalks, oil, cake made from the seeds11
of the plant, sterilized seed of the plant that is incapable of germination,12
or the weight of any other ingredient combined with marijuana to prepare13
topical or oral administrations, food, drink, or other product.14
SECTION 15. In Colorado Revised Statutes, 39-28.8-501,15
amend (2)(b)(IV)(I) as follows:16
39-28.8-501. Marijuana tax cash fund - creation - distribution17
- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation18
in subsection (5) of this section, the general assembly may annually19
appropriate any money in the fund for the following purposes:20
(I) To research, regulate, study, and test industrial hemp or hemp21
seeds;22
SECTION 16. Appropriation. (1) For the 2023-24 state fiscal23
year, $1,574,061 is appropriated to the department of public health and24
environment. This appropriation consists of $1,168,485 from the general25
fund and $405,576 from the wholesale food manufacturing and storage26
protection cash fund created in section 25-5-426 (5), C.R.S. To27
271
-37- implement this act, the department may use this appropriation as follows:1
(a) $787,821 from general fund for administration and support2
related to disease control and public health response, which amount is3
based on an assumption that the department will require an additional 1.94
FTE. Of this amount, $212,532 is further appropriated to the department5
for the 2024-25 state fiscal year for the same purpose;6
(b) $405,576 from the wholesale food manufacturing and storage7
protection cash fund for environmental health programs, which amount8
is based on an assumption that the department will require an additional9
3.5 FTE; and10
(c) $380,664 from the general fund for the purchase of legal11
services.12
(2) Any money appropriated in subsection (1)(c) of this section13
not expended prior to July 1, 2024, is further appropriated to the14
department for the 2024-25 state fiscal year for the same purpose.15
(3) For the 2023-24 state fiscal year, $295,024 is appropriated to16
the marijuana cash fund created in section 44-10-801 (1)(a), C.R.S. This17
appropriation is from the general fund. The department of revenue is18
responsible for the accounting related to this appropriation.19
(4) For the 2023-24 state fiscal year, $295,024 is appropriated to20
the department of revenue. This appropriation is from reappropriated21
funds in the marijuana cash fund under subsection (3) of this section. To22
implement this act, the department may use the appropriation as follows:23
(a) $237,924 for activities related to hemp and marijuana derived24
cannabinoids, which amount is based on an assumption that the25
department will require an additional 1.5 FTE; and26
(b) $57,100 for the purchase of legal services.27
271
-38- (5) Any money appropriated in subsection (4)(a) of this section1
not expended prior to July 1, 2024, is further appropriated to the2
department for the 2024-25 state fiscal year for the same purpose.3
(6) For the 2023-24 state fiscal year, $437,764 is appropriated to4
the department of law. This appropriation is from reappropriated funds5
received from the departments of public health and environment and6
revenue under subsection (1)(c) and (4)(b) of this section and is based on7
an assumption that the department of law will require an additional 1.38
FTE. To implement this act, the department of law may use this9
appropriation to provide legal services for the departments of public10
health and environment and revenue.11
(7) Of the amount appropriated in subsection (6) of this section,12
$380,664 is further appropriated to the department for the 2024-25 state13
fiscal year to provide legal services to the department of public health and14
environment. 15
SECTION 17. Applicability. This act applies to offenses16
committed or conduct occurring on or after the effective date of this act.17
SECTION 18. Safety clause. The general assembly hereby finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety.20
271
-39-