First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted 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 3rd Reading
May 7, 2023
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, Amabile, Bird, Brown
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. IN3
PROMULGATING THE LABELING FOR HEMP PRODUCTS, THE DEPARTMENT4
SHALL CONSIDER:5
(I) THE APPROPRIATENESS OF LABELING RULES PROMULGATED BY6
THE STATE LICENSING AUTHORITY GOVERNING PRODUCTS WITH THC; AND7
(II) HOW BEST TO INFORM CONSUMERS OF THE RATIO OF8
CANNABIDIOL TO THC, INCLUDING A DIFFERENTIATION BETWEEN PRODUCT9
LABELS BASED ON THE RATIO OF CBD TO THC. 10
(g) PROMULGATE RULES AUTHORIZING, PROHIBITING, OR11
REGULATING HEMP-DERIVED INGREDIENTS IN HEMP PRODUCTS THAT ARE12
COMPOUNDS OTHER THAN CANNABINOIDS ;13
(h) PROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR14
THE FAIR, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS15
PART 4 WITH RESPECT TO HEMP, HEMP PRODUCTS, OR SAFE HARBOR HEMP16
PRODUCTS; AND17
(i) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO18
ADDRESS VIOLATIONS OF THIS SECTION.19
(4) Classifications of hemp-derived compounds and20
cannabinoids - rules. (a) H
EMP-DERIVED COMPOUNDS AND21
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :22
(I) N
ONINTOXICATING CANNABINOIDS ;23
(II) P
OTENTIALLY INTOXICATING
CANNABINOIDS; AND24
(III) I
NTOXICATING CANNABINOIDS .25
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :26
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE27
271
-10- THAN ONE AND THREE-FOURTHS MILLIGRAMS OF THC PER SERVING AND1
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL2
TO FIFTEEN TO ONE;3
(B) B
ROAD SPECTRUM HEMP EXTRACT ;4
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";5
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";6
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";7
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";8
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";9
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";10
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";11
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND12
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".13
(II) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM14
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A15
FINISHED HEMP PRODUCT IN ACCOR DANCE WITH THIS SECTION AND THE16
RULES PROMULGATED UNDER THIS PART 4 OR IN ACCORDANCE WITH17
ARTICLE 10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE18
10
OF TITLE 44.19
(c) (I) A
PERSON SHALL NOT:20
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY21
INTOXICATING
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A22
HEMP PRODUCT OR AS A FINISHED HEMP PRODUCT , UNLESS THE23
POTENTIALLY INTOXICATING CANNABINOID IS A SAFE HARBOR HEMP24
PRODUCT THAT IS EXPORTED FROM COLORADO; OR25
(B) M
ARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC26
OR ANY OTHER POTENTIALLY INTOXICATING
CANNABINOID.27
271
-11- (II) A PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES1
A PRODUCT CONTAINING A POTENTIALLY INTOXICATING CANNABINOID2
SHALL LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES3
PROMULGATED UNDER THIS SECTION .4
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN5
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO6
RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:7
(A) D
ELTA-10 THC AND ITS ISOMERS;8
(B) D
ELTA-9 THC AND ITS ISOMERS;9
(C) D
ELTA-8 THC AND ITS ISOMERS;10
(D) D
ELTA-7 THC AND ITS ISOMERS;11
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;12
(F) E
XO-TETRAHYDROCANNABINOL ;13
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,14
3-
HYDROXY-THC, OR 7-HYDROXY-THC;15
(H) H
YDROGENATED FORMS OF THC, INCLUDING16
HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND17
HEXAHYDROCANNABIHEXOL ;18
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;19
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,20
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;21
(K) T
ETRAHYDROCANNABIVARINS , INCLUDING DELTA -822
TETRAHYDROC ANNABIVARIN BUT EXCLUDING DELTA -923
TETRAHYDROCANNAB IVARIN ;24
(L) A
NALOGUES OF TETRAHYDROCANNAB INOLS WITH AN ALKYL25
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING26
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,27
271
-12- TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND1
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING2
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION3
(4)(d)(I).4
(II) A
PERSON SHALL NOT:5
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING6
CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT7
OR AS A FINISHED HEMP PRODUCT , UNLESS THE INTOXICATING8
CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM9
C
OLORADO; OR10
(B) M
ARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR11
HEMP PRODUCT AS CONTAINING THC OR ANY OTHER INTOXICATING12
CANNABINOID.13
(III) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES14
A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL15
THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER16
THIS SECTION.17
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR18
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A19
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC20
CANNABINOIDS ARE PERMITTED BY RULE , THE DEPARTMENT , IN21
COORDINATION WITH THE STATE LICENSING AUTHORITY , SHALL22
PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE23
MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN24
C
OLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR25
ANY HEMP-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN26
C
OLORADO THAT CONTAINS A SEMI -SYNTHETIC OR SYNTHETIC27
271
-13- CANNABINOID AS AN INGREDIENT .1
(II) T
O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,2
SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND3
LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE4
DEPARTMENT UNDER SECTION 25-5-420 AND SUBSECTION (4)(e)(I) OF THIS5
SECTION.6
(f) T
HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A7
CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT8
ARE MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION,9
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED10
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR11
DISTRIBUTION, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN12
INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING13
CANNABINOIDS.14
(g) T
HE DEPARTMENT, IN COORDINATION WITH THE STATE15
LICENSING AUTHORITY, MAY PROMULGATE RULES TO :16
(I) C
LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT17
IS NOT CLASSIFIED IN THIS SUBSECTION (4);
18
(II) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR C ANNABINOID19
CLASSIFIED IN THIS SUBSECTION (4) IF:20
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED21
A PROCESS TO REVIEW AND APPROVE HEMP -DERIVED COMPOUNDS OR22
CANNABINOIDS;23
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN24
SUBSECTION (4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING25
POTENTIAL OF THE HEMP-DERIVED COMPOUND OR CANNABINOID ; AND26
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE27
271
-14- PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (4)(g)(II)(A) AND1
(4)(g)(II)(B)
OF THIS
SECTION.2
(h) TO RECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID,3
UNDER SUBSECTION (4)(g) OF THIS SECTION, THE RECLASSIFICATION MUST:4
(I) BE SUPPORTED BY PEER-REVIEWED RESEARCH OR CLINICAL5
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC6
CERTAINTY THAT THE HEMP-DERIVED COMPOUND OR CANNABINOID OR A7
PRODUCT CONTAINING A HEMP-DERIVED COMPOUND OR CANNABINOID8
SHOULD BE RECLASSIFIED; OR9
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING10
SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT11
REPORTS. 12
(5) Registration required - regulated hemp facilities -13
application - fees - repeal. (a) B
EGINNING JULY 1, 2023, AND ON OR14
BEFORE JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED15
HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE16
DEPARTMENT. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER17
OR STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR18
STORAGE FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE19
HUNDRED DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED20
IN SUBSECTION (5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON21
J
UNE 30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED ,22
REGARDLESS OF WHETHER THE REGISTRATION WAS ISSUED AFTER JULY 123
FOR THE YEAR. NOTWITHSTANDING THAT A REGISTRATION IS VALID FOR24
ONLY A PORTION OF A FISCAL YEAR, THE APPLICATION AND REGISTRATION25
FEE DO NOT CHANGE.26
(b) I
N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION27
271
-15- (5)(a) OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A1
REGULATED HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS .2
(c) (I) T
O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS3
SECTION, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST4
DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD5
MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE6
REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS7
REGISTRATION BY SUBMITTING TO THE DEPARTMENT :8
(A) A
N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,9
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND10
EACH YEAR THEREAFTER; AND11
(B) E
VIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED12
THIRD-PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR13
THEREAFTER.14
(II) T
HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE15
HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION16
(5)
IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE17
FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE18
FACILITY, UNLESS EACH SAFE HARBOR HEMP PRODUCT :19
(A) IS PHYSICALLY SEPARATED FROM HEMP PRODUCTS DURING THE20
MANUFACTURE OF, PRODUCTION OF, STORAGE OF, AND DISTRIBUTION OF21
THE SAFE HARBOR HEMP PRODUCT ;22
(B) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN23
ACCORDANCE WITH PROCEDURES THAT ARE APPROVED BY THE24
DEPARTMENT AND THAT ENSURE NO CROSS CONTAMINATION BETWEEN25
HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS ; OR26
(C) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN27
271
-16- ACCORDANCE WITH RULES OF THE DEPARTMENT PROMULGATED IN1
ACCORDANCE WITH SUBSECTION (3)(e)(III) OF THIS SECTION.2
(III) T
O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE3
HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCORDANCE4
WITH RULES PROMULGATED UNDER SECTION 25-5-420 AND SUBSECTION5
(4)(e)
OF THIS SECTION.6
(d) A
REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS7
SUBJECT TO SUSPENSION OR REVOCATION , IN ACCORDANCE WITH ARTICLE8
4
OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES9
PROMULGATED UNDER THIS PART 4.10
(e) A
REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE11
CIVIL PENALTIES ESTABLISHED IN SUBSECTION (9) OF THIS SECTION.12
(f) (I) SUBSECTIONS (5)(a) TO (5)(e) OF THIS SECTION DO NOT13
APPLY TO A REGULATED HEMP FACILITY UNTIL THE DEPARTMENT14
PROMULGATES RULES IMPLEMENTING THIS SUBSECTION (5). A REGULATED15
HEMP FACILITY MAY CONTINUE MANUFACTURING , PRODUCING, AND16
DISTRIBUTING HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS UNTIL17
THE DEPARTMENT PROMULGATES RULES IMPLEMENTING THIS SUBSECTION18
(5) IF THE REGULATED HEMP FACILITY COMPLIES WITH THE CURRENTLY19
APPLICABLE STATUTES AND RULES .20
(II) THIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2025.21
(6) Hemp products not adulterated. A
PRODUCT CONTAINING22
HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED , AS23
DEFINED IN SECTIONS 25-5-410 AND 25-5-416, UNLESS THE PRODUCT24
MEETS ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN25
SECTION 25-5-410 OR 25-5-416.26
(7) Fees deposited in fund. T
HE DEPARTMENT SHALL TRANSMIT27
271
-17- FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION1
TO THE STATE TREASURER , WHO SHALL CREDIT THE FEES TO THE2
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH3
FUND ESTABLISHED IN SECTION 25-5-426 (5).4
(8) Offenses. I
T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY5
CAUSE A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS :6
(a) M
ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR7
OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING8
CANNABINOIDS OR POTENTIALLY INTOXICATING
CANNABINOIDS IN EXCESS9
OF LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION10
(3)(e)
OF THIS SECTION OR SECTION 25-5-420;11
(b) M
ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT12
A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN13
HERB;14
(c) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR15
HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WIT HOUT16
REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;
17
(d) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
18
HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT19
WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;20
(e) (I) SELLING A HEMP PRODUCT IN A PACKAGE WITH MORE THAN21
FIVE SERVINGS OR SELLING A HEMP PRODUCT TO AN INDIVIDUAL WHO IS22
UNDER TWENTY-ONE YEARS OF AGE IF, IN EITHER ACT, THE HEMP23
PRODUCT:24
(A) HAS MORE THAN ONE AND ONE-FOURTH MILIGRAMS OF THC25
PER SERVING; OR26
(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY27
271
-18- TO ONE.1
(II) THIS SUBSECTION (8)(e) DOES NOT APPLY TO:2
(A) PRODUCTS WITH NO THC;3
(B) TINCTURES;4
(C) COSMETICS; OR5
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG6
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE7
UNDER THE "FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.8
301 ET SEQ.9
10
(9) Penalties. A
PERSON WHO VIOLATES THIS SECTION, THE RULES11
PROMULGATED UNDER THIS SECTION , OR A FINAL CEASE-AND-DESIST12
ORDER OR CLEAN-UP ORDER UNDER SUBSECTION
(3)(i) OF THIS SECTION IS13
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS14
PER DAY PER VIOLATION . THE DEPARTMENT OR THE COURT SHALL15
TRANSMIT EACH CIVIL PENALTY COLLECTED UNDER THIS SUBSECTION (9)16
TO THE STATE TREASURER , WHO SHALL CREDIT THE PENALTY TO THE17
WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH18
FUND ESTABLISHED IN SECTION 25-5-426 (5). IN DETERMINING THE19
AMOUNT OF A CIVIL PENALTY UNDER THIS SUBSECTION (9), THE20
DEPARTMENT OR THE COURT SHALL CONSIDER THE FOLLOWING FACTORS :21
(a) T
HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;22
(b) T
HE VIOLATOR'S COMPLIANCE HISTORY;23
(c) W
HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR24
NEGLIGENT;25
(d) T
HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR26
ENVIRONMENT AS A RESULT OF THE VIOLATION ;27
271
-19- (e) THE DURATION OF THE VIOLATION; AND1
(f) A
NY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A2
RESULT OF THE VIOLATION.3
(10) Inspections and monitoring - rules. (a) F
OR THE PURPOSE4
OF ENFORCEMENT OF THIS SECTION , THE DEPARTMENT MAY CONDUCT5
INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH6
SECTION 25-5-421.7
(b) U
NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT8
CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND9
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES10
OR PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE11
MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION ,12
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED13
FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR14
DISTRIBUTION, OR HELD FOR DISTRIBUTION.15
(c) T
HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING16
MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN17
ACCORDANCE WITH GOOD MANUFACTURING PRACTICES . THE RULES MAY18
INCLUDE INVENTORY TRACKING , SURVEILLANCE, AND RECORD-KEEPING19
REQUIREMENTS.20
SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal21
(21) and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as22
follows:23
44-10-103. Definitions - rules. As used in this article 10, unless24
the context otherwise requires:25
(17.5) "H
EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION26
25-5-427 (2)(d).27
271
-20- (21) "Industrial hemp" means a plant of the genus cannabis and1
any part of the plant, whether growing or not, containing a delta-92
tetrahydrocannabinol concentration of no more than three-tenths of one3
percent on a dry weight basis.4
(22) "Industrial hemp product" means a finished product5
containing industrial hemp that:6
(a) Is a cosmetic, food, food additive, or herb;7
(b) Is for human use or consumption;8
(c) Contains any part of the hemp plant, including naturally9
occurring cannabinoids, compounds, concentrates, extracts, isolates,10
resins, or derivatives; and11
(d) Contains a delta-9 tetrahydrocannabinol concentration of no12
more than three-tenths of one percent on a dry weight basis.13
(22.5) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID14
THAT IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION15
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN16
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND17
ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF18
THIS SECTION.19
(42.5) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID20
THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN SECTION21
44-10-208
OR BY THE STATE LICENSING AUTHORITY BY RULE , IN22
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND23
ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF24
THIS SECTION.25
(42.6) "N
OVEL CANNABINOID" MEANS ANY CANNABINOID THAT26
HAS NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A27
271
-21- SAFETY PROFILE AND INTOXICATION PROFILE .1
(48.5) (a) "P
OTENTIALLY INTOXICATING
CANNABINOID" MEANS:2
(I) A
NOVEL CANNABINOID; AND3
(II) A
CANNABINOID THAT IS NOT A PHYTOCANNABINOID .4
(b) "P
OTENTIALLY INTOXICATING
CANNABINOID" DOES NOT5
INCLUDE:6
(I) N
ONINTOXICATING CANNABINOIDS ; OR7
(II) C
ANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY8
DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP9
EXTRACT.10
SECTION 4. In Colorado Revised Statutes, add 44-10-207 and11
44-10-208 as follows:12
44-10-207. Feasibility study - standing committee - report -13
definition - repeal. (1) (a) O
N OR BEFORE JULY 1, 2024, THE EXECUTIVE14
DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT15
ANALYZING THE FEASIBILITY OF ESTABLISHING A STANDING COMMITTEE16
TO EVALUATE CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS FOR THE17
PURPOSE OF DETERMINING AND M AKING RECOMMENDATIONS REGARDING18
THEIR SAFETY PROFILES AND POTENTIAL FOR INTOXICATION . THE REPORT19
MUST CONSIDER AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE20
FOLLOWING SUBJECTS:21
(I) T
HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE22
INVOLVED IN, AND THEIR ROLE IN, THE EVALUATION PROCESS;23
(II) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE24
SAFETY PROFILES OF CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS,25
INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE26
SUCH A DETERMINATION;27
271
-22- (III) THE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE1
POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS -DERIVED2
PRODUCTS, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE3
WOULD MAKE SUCH A DETERMINATION ;4
(IV) R
ECOMMENDATIONS AS TO MEMBERS OF A STANDING5
COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A6
STANDING COMMITTEE;7
(V) R
ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR8
IMPLEMENTATION OF A STANDING COMMITTEE ; AND9
(VI) T
HE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO10
IMPLEMENT AND ADMINISTER A STANDING COMMITTEE .11
(b) T
O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION12
(1)(a)
OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,13
INCLUDING:14
(I) T
HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION15
25-1-105
OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;16
(II) T
HE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE17
TOXICOLOGIST;18
(III) A
N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND19
CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS ;20
(IV) A
CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF21
ADMINISTRATION OF RELEVANT PRODUCTS ;22
(V) A
MEDICAL TOXICOLOGIST; AND23
(VI) A
PHARMACOLOGIST WITH EXPERTISE IN DRUG24
DEVELOPMENT.25
(2) A
S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE26
DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY27
271
-23- OFFICE, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH1
AND ENVIRONMENT.2
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.3
44-10-208. Classes of marijuana-derived cannabinoids and4
compounds - definitions - privileges - prohibitions - rule-making -5
rules. (1) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS AND6
DECLARES THAT:7
(a) T
HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY8
INTOXICATING
CANNABINOIDS AND INTOXICATING CANNABINOIDS , AND9
THE REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING10
CANNABINOIDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED ,11
PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES12
PROMULGATED UNDER THIS ARTICLE 10:13
(I) I
S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND14
(II) W
ILL BENEFIT CONSUMERS BY ENSURING THAT THE15
MANUFACTURE, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED16
POTENTIALLY INTOXICATING
CANNABINOIDS AND INTOXICATING17
CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC18
HEALTH; AND19
(b) T
HE TAXATION OF MARIJUANA -DERIVED POTENTIALLY20
INTOXICATING
CANNABINOIDS AND INTOXICATING CANNABINOIDS MUST21
BE ADDRESSED TO ENSURE BOTH COMPLIANCE WITH COLORADO VOTERS'22
INTENT AND EQUITABLE ECONOMIC TREATMENT .23
(2) Definitions . A
S USED IN THIS SECTION, UNLESS THE CONTEXT24
OTHERWISE REQUIRES:25
(a) "H
EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10126
(7).27
271
-24- (b) (I) "SEMI-SYNTHETIC CANNABINOID " MEANS A SUBSTANCE1
THAT IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE2
CANNABINOID EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A3
DIFFERENT CANNABINOID.4
(II) "S
EMI-SYNTHETIC CANNABINOID" INCLUDES CANNABINOIDS,5
SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF6
CANNABIDIOL.7
(III) "S
EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE8
CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY9
OCCURRING ACIDIC FORMS OF CANNABINOIDS , SUCH AS10
TETRAHYDROCANNABI NOLIC ACID , INTO THE CORRESPONDING NEUTRAL11
CANNABINOID, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,12
WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT13
RESULTS IN NO OTHER CHEMICAL CHANGE .14
(c) (I) "S
YNTHETIC CANNABINOID" MEANS A CANNABINOID-LIKE15
COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS ,16
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION , INCLUDING BY17
USING IN-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A18
METHOD.19
(II) "S
YNTHETIC CANNABINOID" DOES NOT INCLUDE:20
(A) A
COMPOUND PRODUCED THROUGH THE DECARBOXYLATION21
OF NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS ; OR22
(B) A
SEMI-SYNTHETIC CANNABINOID.23
(d) (I) "T
ETRAHYDROCANNABINOL " OR "THC" MEANS THE24
SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE25
RESINOUS EXTRACTS OF THE CANNABIS SPECIES , OR A CARBOXYLIC ACID26
OF, DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER27
271
-25- OF THESE SUBSTANCES.1
(II) "T
ETRAHYDROCANNABINOL " OR "THC" INCLUDES:2
(A) D
ELTA-10 THC AND ITS ISOMERS;3
(B) D
ELTA-9 THC AND ITS ISOMERS;4
(C) D
ELTA-8 THC AND ITS ISOMERS;5
(D) D
ELTA-7 THC AND ITS ISOMERS;6
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS; AND7
(F) E
XO-TETRAHYDROCANNABINOL ;8
(III) "T
ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:9
(A) P
RODUCTS OF ANY OF THE COMPOUNDS LISTED IN10
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR11
(B) M
ETABOLITES OF ANY OF THE COMPOUNDS LISTED IN12
SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.13
(3) Classification of marijuana-derived compounds and14
cannabinoids - rules. (a) M
ARIJUANA-DERIVED COMPOUNDS AND15
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :16
(I) N
ONINTOXICATING CANNABINOIDS ;17
(II) P
OTENTIALLY INTOXICATING
CANNABINOIDS; AND18
(III) I
NTOXICATING CANNABINOIDS .19
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :20
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE21
THAN ONE AND THREE-FOURTHS
MILLIGRAMS OF THC PER SERVING AND22
CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL23
TO FIFTEEN TO ONE;24
(B) B
ROAD SPECTRUM HEMP EXTRACT ;25
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";26
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";27
271
-26- (E) CANNABICHROMENE, ALSO KNOWN AS "CBC";1
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";2
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";3
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";4
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";5
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND6
(K) C
ANNABINOL, ALSO KNOWN AS "CBN".7
(II) (A) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED8
FROM HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS9
A FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION 25-5-427 AND10
THE RULES PROMULGATED UNDER PART 4 OF ARTICLE 5 OF TITLE 25 OR IN11
ACCORDANCE WITH THIS ARTICLE 10 AND ANY RULES PROMULGATED12
UNDER THIS ARTICLE 10.13
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
14
MARIJUANA-DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT15
IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH16
SECTION 39-28.8-202.17
(c) (I) A
LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE,18
PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING
CANNABINOIDS19
THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE20
10
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.21
(II) A
RETAIL MARIJUANA PRODUCT CONTAINING A
22
MARIJUANA-DERIVED POTENTIALLY INTOXICATING CANNABINOID AS AN23
INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE24
WITH SECTION 39-28.8-202.25
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN26
AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO27
271
-27- RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:1
(A) D
ELTA-10 THC AND ITS ISOMERS;2
(B) D
ELTA-9 THC AND ITS ISOMERS;3
(C) D
ELTA-8 THC AND ITS ISOMERS;4
(D) D
ELTA-7 THC AND ITS ISOMERS;5
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;6
(F) E
XO-TETRAHYDROCANNABINOL ;7
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,8
3-
HYDROXY-THC, OR 7-HYDROXY-THC;9
(H) H
YDROGENATED FORMS OF THC, INCLUDING10
HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND11
HEXAHYDROCANNABIHEXOL ;12
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;13
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,14
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;15
(K) V
ARIN FORMS OF THC, INCLUDING DELTA -816
TETRAHYDROCANNABI VARIN BUT EXCLUDING DELTA -917
TETRAHYDROCANNAB IVARIN ;18
(L) A
NALOGUES OF TETRAHYDROCANNAB INOLS WITH AN ALKYL19
CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING20
TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,21
TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND22
(M) A
NY COMBINATION OF THE COMPOUNDS , INCLUDING23
HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION24
(3)(d)(I).25
(II) (A) A
PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN26
INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN27
271
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REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE 102
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.3
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
4
MARIJUANA-DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS5
SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCOR DANCE WITH SECTION6
39-28.8-202.7
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR8
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A9
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC10
CANNABINOIDS ARE PERMITTED BY RULE , THE STATE LICENSING11
AUTHORITY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH12
AND ENVIRONMENT, SHALL PROMULGATE RULES PROVIDING STANDARDS13
AND REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF14
SYNTHETIC CANNABINOIDS IN COLORADO. THE RULES MUST INCLUDE A15
REQUIREMENT THAT MARIJUANA -DERIVED PRODUCTS MANUFACTURED OR16
PRODUCED IN COLORADO THAT CONTAIN A SEMI -SYNTHETIC OR17
SYNTHETIC CANNABINOID AS AN INGREDIENT ARE LABELED IN18
ACCORDANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE 10.19
(II) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES20
THAT ARE NECESSARY FOR THE FAIR , IMPARTIAL, AND COMPREHENSIVE21
ADMINISTRATION OF THIS SECTION.22
(III) A
PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES23
SEMI-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,24
TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE25
STATE LICENSING AUTHORITY.26
(f) T
HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE27
271
-29- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE1
RULES TO:2
(I) C
LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID3
THAT IS NOT CLASSIFIED IN THIS SUBSECTION (3);
4
(II) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR5
CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF:6
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED7
A PROCESS TO REVIEW AND APPROVE MARIJUANA -DERIVED COMPOUNDS8
OR CANNABINOIDS;9
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN10
SUBSECTION (3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING11
POTENTIAL OF THE MARIJUANA -DERIVED COMPOUND OR CANNABINOID ;12
AND13
(C) T
HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE14
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (3)(f)(II)(A) AND15
(3)(f)(II)(B)
OF THIS
SECTION.16
(g) TO RECLASSIFY A MARIJUANA -DERIVED COMPOUND OR17
CANNABINOID, UNDER SUBSECTION (3)(f) OF THIS SECTION, THE18
RECLASSIFICATION MUST:19
(I) BE SUPPORTED BY PEER- REVIEWED RESEARCH OR CLINICAL20
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC21
CERTAINTY THAT THE MARIJUANA-DERIVED COMPOUND OR CANNABINOID22
OR A PRODUCT CONTAINING A MARIJUANA-DERIVED COMPOUND OR23
CANNABINOID SHOULD BE RECLASSIFIED ; OR24
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING25
SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT26
REPORTS.27
271
-30- (4) Rules. IN ADDITION TO ANY POWERS LISTED IN THIS SECTION ,1
THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES:2
(a) NECESSARY TO AUTHORIZE OR PROHIBIT CHEMICAL3
MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF4
CANNABINOIDS OR MARIJUANA -DERIVED COMPOUNDS, UNLESS OTHERWISE5
PERMITTED BY THIS ARTICLE 10 AND THE RULES PROMULGATED UNDER6
THIS ARTICLE 10; OR7
(b) AUTHORIZING, PROHIBITING, OR REGULATING8
MARIJUANA-DERIVED INGREDIENTS IN MEDICAL OR RETAIL MARIJUANA9
PRODUCTS THAT ARE COMPOUNDS OTHER THAN CANNABINOIDS .10
11
SECTION 5. In Colorado Revised Statutes, 44-10-502, amend12
(7) as follows:13
44-10-502. Medical marijuana cultivation facility license -14
rules - definitions. (7) (a) A medical marijuana cultivation facility shall15
only obtain medical marijuana seeds or immature plants from its own16
medical marijuana, commonly owned from the retail marijuana of an17
identical direct beneficial owner, or marijuana that is properly transferred18
from another medical marijuana business pursuant to the inventory19
tracking requirements imposed by rule. IN ACCORDANCE WITH THE RULES20
PROMULGATED BY THE STATE LICENSING AUTHORITY, A MEDICAL21
MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,22
MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC23
MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY,24
FROM:25
(I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION26
FACILITY;27
271
-31- (II) A RETAIL MARIJUANA TESTING FACILITY;1
(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE2
IN ANOTHER JURISDICTION; OR3
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE4
LICENSING AUTHORITY.5
(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE6
RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO7
TRANSFER IMMATURE PLANTS, MARIJUANA SEEDS, AND MARIJUANA8
GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE9
STATE LICENSING AUTHORITY, FROM:10
(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION11
FACILITY;12
(B) A RETAIL MARIJUANA TESTING FACILITY;13
(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE14
IN ANOTHER JURISDICTION; OR15
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE16
LICENSING AUTHORITY.17
(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (7)(b)18
MUST INCLUDE INVENTORY TRACKING , REPORTING , AND19
RECORDING-KEEPING REQUIREMENTS.20
SECTION 6. In Colorado Revised Statutes, 44-10-503, add21
(1)(c) as follows:22
44-10-503. Medical marijuana products manufacturer license23
- rules - definition. (1) (c) A
PERSON MUST BE LICENSED AS A MEDICAL24
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE25
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING26
CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM MEDICAL27
271
-32- MARIJUANA TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL1
MARIJUANA PRODUCT.2
3
SECTION 7. In Colorado Revised Statutes, 44-10-602, amend4
(12) as follows:5
44-10-602. Retail marijuana cultivation facility license - rules6
- definitions. (12) (a) A retail marijuana cultivation facility shall only7
obtain retail marijuana seeds or immature plants from its own retail8
marijuana, commonly owned from the medical marijuana of an identical9
direct beneficial owner, or marijuana that is properly transferred from10
another retail marijuana business pursuant to the inventory tracking11
requirements imposed by rule. IN ACCORDANCE WITH THE RULES12
PROMULGATED BY THE STATE LICENSING AUTHORITY , A RETAIL13
MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,14
MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC15
MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY ,16
FROM:17
(I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION18
FACILITY;19
(II) A RETAIL MARIJUANA TESTING FACILITY;20
(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE21
IN ANOTHER JURISDICTION; OR22
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE23
LICENSING AUTHORITY.24
(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE25
RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO26
TRANSFER IMMATURE PLANTS, MARIJUANA SEEDS, AND MARIJUANA27
271
-33- GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE1
STATE LICENSING AUTHORITY, FROM:2
(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION3
FACILITY;4
(B) A RETAIL MARIJUANA TESTING FACILITY;5
(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE6
IN ANOTHER JURISDICTION; OR7
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE8
LICENSING AUTHORITY.9
(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (12)(b)10
MUST INCLUDE INVENTORY TRACKING , REPORTING , AND11
RECORDING-KEEPING REQUIREMENTS.12
SECTION 8. In Colorado Revised Statutes, 44-10-603, add (1)(f)13
as follows:14
44-10-603. Retail marijuana products manufacturer license -15
rules - definition. (1) (f) A
PERSON MUST BE LICENSED AS A RETAIL16
MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE17
AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING18
CANNABINOIDS OR INTOXICATING C ANNABINOIDS FROM RETAIL19
MARIJUANA TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL20
MARIJUANA PRODUCTS IN ACCORDANCE WITH THIS ARTICLE 10.21
SECTION 9. In Colorado Revised Statutes, 6-1-725, amend (1)22
as follows:23
6-1-725. Synthetic cannabinoids - incense - deceptive trade24
practice. (1) E
XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR25
ARTICLE 4 OF TITLE 25, it is unlawful for any person or entity to distribute,26
dispense, manufacture, display for sale, offer for sale, attempt to sell, or27
271
-34- sell to a purchaser any product that contains any amount of any synthetic1
cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.2
SECTION 10. In Colorado Revised Statutes, 18-18-406.1,3
amend (1) as follows:4
18-18-406.1. Unlawful use or possession of synthetic5
cannabinoids or salvia divinorum. (1) On and after January 1, 20126
E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it7
is unlawful for any person to use or possess any amount of any synthetic8
cannabinoid or salvia divinorum.9
SECTION
11. In Colorado Revised Statutes, 18-18-406.2,10
amend (1) introductory portion as follows:11
18-18-406.2. Unlawful distribution, manufacturing,12
dispensing, sale, or cultivation of synthetic cannabinoids or salvia13
divinorum. (1) E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE14
10
OF TITLE 44, it is unlawful for any person knowingly to:15
SECTION
12. In Colorado Revised Statutes, 30-15-401, amend16
(1.7) as follows:17
30-15-401. General regulations - definitions. (1.7) In addition18
to any other powers, a board of county commissioners may charge a fee19
for a local license and adopt resolutions or ordinances to establish20
requirements on businesses engaged in the storage, extraction, processing,21
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),22
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)23
25-5-427 (2)(d). A county shall not impose additional food production24
regulations on industrial hemp processors or HEMP products if the25
regulations conflict with state law.26
SECTION 13. In Colorado Revised Statutes, 31-15-501, amend27
271
-35- (1)(r) as follows:1
31-15-501. Powers to regulate businesses. (1) The governing2
bodies of municipalities have the following powers to regulate3
businesses:4
(r) To charge a fee for a local license and establish licensing5
requirements on businesses engaged in the storage, extraction, processing,6
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),7
or industrial hemp products, as defined in section 25-5-426 (2)(g.5)8
25-5-427 (2)(d). A municipality shall not impose additional food9
production regulations on industrial hemp processors or HEMP products10
if the regulations conflict with state law.11
SECTION 14. In Colorado Revised Statutes, 39-28.8-101,12
amend (4) and (7) as follows:13
39-28.8-101. Definitions. Unless the context otherwise requires,14
any terms not defined in this article 28.8 have the meanings set forth in15
article 26 of this title 39. As used in this article 28.8, unless the context16
otherwise requires:17
(4) "Industrial "Hemp" means the plant of the genus cannabis and18
any part of such plant, whether growing or not, with a delta-919
tetrahydrocannabinol concentration that does not exceed three-tenths20
percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION21
35-61-101
(7).
22
(7) (a) (I) "Retail marijuana" means all parts of the plant of the23
genus cannabis whether growing or not, the seeds thereof OF THE PLANT,24
the resin extracted from any part of the plant, and every compound,25
manufacture, salt, derivative, mixture, or preparation of the plant, its26
seeds, or its resin, including marijuana concentrate;27
271
-36- (II) "RETAIL MARIJUANA" INCLUDES: 1
(A) A
NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION2
44-10-103
(42.5), PRODUCED FROM RETAIL MARIJUANA ;
3
(B) A
POTENTIALLY INTOXICATING
CANNABINOID, AS DEFINED IN4
SECTION 44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND5
(C) A
N INTOXICATING CANNABINOID , AS DEFINED IN SECTION6
44-10-103
(22.5), PRODUCED FROM RETAIL MARIJUANA .
7
(b) "Retail marijuana" does not include industrial hemp, nor does8
it include fiber produced from the stalks, oil, cake made from the seeds9
of the plant, sterilized seed of the plant that is incapable of germination,10
or the weight of any other ingredient combined with marijuana to prepare11
topical or oral administrations, food, drink, or other product.12
SECTION 15. In Colorado Revised Statutes, 39-28.8-501,13
amend (2)(b)(IV)(I) as follows:14
39-28.8-501. Marijuana tax cash fund - creation - distribution15
- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation16
in subsection (5) of this section, the general assembly may annually17
appropriate any money in the fund for the following purposes:18
(I) To research, regulate, study, and test industrial hemp or hemp19
seeds;20
SECTION 16. Appropriation. (1) For the 2023-24 state fiscal21
year, $1,574,061 is appropriated to the department of public health and22
environment. This appropriation consists of $1,168,485 from the general23
fund and $405,576 from the wholesale food manufacturing and storage24
protection cash fund created in section 25-5-426 (5), C.R.S. To25
implement this act, the department may use this appropriation as follows:26
(a) $787,821 from general fund for administration and support27
271
-37- related to disease control and public health response, which amount is1
based on an assumption that the department will require an additional 1.92
FTE. Of this amount, $212,532 is further appropriated to the department3
for the 2024-25 state fiscal year for the same purpose;4
(b) $405,576 from the wholesale food manufacturing and storage5
protection cash fund for environmental health programs, which amount6
is based on an assumption that the department will require an additional7
3.5 FTE; and8
(c) $380,664 from the general fund for the purchase of legal9
services.10
(2) Any money appropriated in subsection (1)(c) of this section11
not expended prior to July 1, 2024, is further appropriated to the12
department for the 2024-25 state fiscal year for the same purpose.13
(3) For the 2023-24 state fiscal year, $295,024 is appropriated to14
the marijuana cash fund created in section 44-10-801 (1)(a), C.R.S. This15
appropriation is from the general fund. The department of revenue is16
responsible for the accounting related to this appropriation.17
(4) For the 2023-24 state fiscal year, $295,024 is appropriated to18
the department of revenue. This appropriation is from reappropriated19
funds in the marijuana cash fund under subsection (3) of this section. To20
implement this act, the department may use the appropriation as follows:21
(a) $237,924 for activities related to hemp and marijuana derived22
cannabinoids, which amount is based on an assumption that the23
department will require an additional 1.5 FTE; and24
(b) $57,100 for the purchase of legal services.25
(5) Any money appropriated in subsection (4)(a) of this section26
not expended prior to July 1, 2024, is further appropriated to the27
271
-38- department for the 2024-25 state fiscal year for the same purpose.1
(6) For the 2023-24 state fiscal year, $437,764 is appropriated to2
the department of law. This appropriation is from reappropriated funds3
received from the departments of public health and environment and4
revenue under subsection (1)(c) and (4)(b) of this section and is based on5
an assumption that the department of law will require an additional 1.36
FTE. To implement this act, the department of law may use this7
appropriation to provide legal services for the departments of public8
health and environment and revenue.9
(7) Of the amount appropriated in subsection (6) of this section,10
$380,664 is further appropriated to the department for the 2024-25 state11
fiscal year to provide legal services to the department of public health and12
environment. 13
SECTION 17. Applicability. This act applies to offenses14
committed or conduct occurring on or after the effective date of this act.15
SECTION 18. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
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