Colorado 2023 Regular Session

Colorado Senate Bill SB271 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0932.01 Jery Payne x2157
18 SENATE BILL 23-271
2-BY SENATOR(S) Roberts and Van Winkle, Fenberg;
3-also REPRESENTATIVE(S) deGruy Kennedy and Snyder, Amabile, Bird,
4-Brown, Titone.
9+Senate Committees House Committees
10+Finance Finance
11+Appropriations Appropriations
12+A BILL FOR AN ACT
513 C
6-ONCERNING THE REGULATION OF COMPOUNDS THAT ARE RELATED TO
7-CANNABINOIDS
8-, AND, IN CONNECTION THEREWITH , MAKING AN
9-APPROPRIATION
10-.
11-
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, 25-5-426, amend
14-(4)(b)(II) and (4)(b)(III); and repeal (2)(g.3), (2)(g.5), (4)(b)(IV), (4)(d),
15-and (4)(e) as follows:
16-25-5-426. Wholesale food manufacturing and storage -
17-definitions - legislative declaration - registration - fees - cash fund.
18-(2) As used in this section, unless the context otherwise requires:
19-(g.3) "Industrial hemp" has the meaning set forth in section
20-35-61-101 (7).
21-(g.5) "Industrial hemp product" means a finished product containing
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. industrial hemp that:
30-(I) Is a cosmetic, food, food additive, or herb;
31-(II) Is for human use or consumption;
32-(III) Contains any part of the hemp plant, including naturally
33-occurring cannabinoids, compounds, concentrates, extracts, isolates, resins,
34-or derivatives; and
35-(IV) Contains a delta-9 tetrahydrocannabinol concentration of no
36-more than three-tenths of one percent.
37-(4) (b) In addition to the application fee a facility is required to pay
38-pursuant to subsection (4)(a) of this section, the schedule for annual
39-registration fees for wholesale food manufacturers or storage facilities is as
40-follows:
41-(II) Except as provided in subsection (4)(b)(IV) of this section,
42- A
43-wholesale food manufacturer or storage facility with gross annual sales of
44-less than one hundred fifty thousand dollars shall pay the department a
45-registration fee of sixty dollars.
46-(III) Except as provided in subsection (4)(b)(IV) of this section,
47- A
48-wholesale food manufacturer or storage facility with gross annual sales of
49-one hundred fifty thousand dollars or more shall pay the department a
50-registration fee of three hundred dollars.
51-(IV) A wholesale food manufacturer that produces an industrial
52-hemp product shall pay the department a registration fee of three hundred
53-dollars, regardless of its gross annual sales.
54-(d) Industrial hemp products produced by wholesale food
55-manufacturing facilities registered in accordance with this subsection (4)
56-shall not be deemed adulterated, as defined in sections 25-5-410 and
57-25-5-416, unless the products meet one or more of the criteria set forth in
58-section 25-5-410 or 25-5-416.
59-(e) In addition to any powers listed in this section, the department
60-may promulgate rules to prohibit, within final products made available for
61-PAGE 2-SENATE BILL 23-271 sale, the chemical modification, conversion, or synthetic derivation of
62-intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and
63-delta-10, or other intoxicating tetrahydrocannabinol isomers that originate
64-from industrial hemp or may be synthetically derived.
65-SECTION 2. In Colorado Revised Statutes, add 25-5-427 as
66-follows:
67-25-5-427. Classes of hemp-derived compounds and cannabinoids
68-- definitions - registration required - prohibitions - safe harbor - rules
69-- repeal. (1) Legislative declaration. T
70-HE GENERAL ASSEMBLY FINDS ,
71-DETERMINES, AND DECLARES THAT THE REGISTRATION OF HEMP PRODUCT
72-AND SAFE HARBOR HEMP PRODUCT MANUFACTURERS AND THE REGULATION
73-OF PREMISES AND PLACES WHERE HEMP PRODUCTS AND SAFE HARBOR HEMP
74-PRODUCTS ARE MANUFACTURED FOR DISTRIBUTION
75-, PRODUCED FOR
76-DISTRIBUTION
77-, PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION,
78-PREPARED FOR DISTRIBUTION, TREATED FOR DISTRIBUTION, TRANSPORTED
79-FOR DISTRIBUTION
80-, OR HELD FOR DISTRIBUTION IN ACCORDANCE WITH THIS
81-PART
82-4 AND ANY RULES PROMULGATED UNDER THIS PART 4:
14+ONCERNING THE REGULATION OF COMPOUNDS THAT ARE RELATED101
15+TO CANNABINOIDS, AND, IN CONNECTION THEREWITH , MAKING
16+102
17+AN APPROPRIATION.103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+Current law requires the manufacturer of cosmetic products,
26+dietary supplements, food products, and food additives, including hemp
27+products, to be registered with the department of public health and
28+environment (department).
29+The bill creates a new framework for the department to regulate
30+HOUSE
31+Amended 3rd Reading
32+May 7, 2023
33+HOUSE
34+Amended 2nd Reading
35+May 6, 2023
36+SENATE
37+3rd Reading Unamended
38+April 27, 2023
39+SENATE
40+Amended 2nd Reading
41+April 26, 2023
42+SENATE SPONSORSHIP
43+Roberts and Van Winkle, Fenberg
44+HOUSE SPONSORSHIP
45+deGruy Kennedy and Snyder, Amabile, Bird, Brown
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. and register hemp products and certain intoxicating hemp products and
49+for the marijuana enforcement division in the department of revenue
50+(division) to regulate intoxicating products or potentially intoxicating
51+compounds that are or may be cannabinoids. This regulation includes:
52+! The power to promulgate rules authorizing or prohibiting
53+chemical modification, conversion, or synthetic derivation
54+to create certain types of intoxicating cannabinoids;
55+! Labeling and advertising requirements;
56+! Production and testing requirements; and
57+! Inspection, record-keeping, and tracking requirements.
58+Hemp- and marijuana-derived compounds and cannabinoids are
59+classified into three classifications:
60+! Nonintoxicating cannabinoids;
61+! Potentially intoxicating compounds; and
62+! Intoxicating cannabinoids.
63+Nonintoxicating cannabinoids that are derived from hemp may be
64+produced, distributed, or sold as a hemp product. With the exception of
65+products manufactured or produced for export, which are referred to as
66+"safe harbor hemp products", products containing potentially intoxicating
67+compounds and intoxicating cannabinoids must only be produced,
68+distributed, or sold by a person licensed by the division to produce,
69+distribute, or sell the compound or cannabinoid as a product.
70+The bill clarifies that:
71+! Nonintoxicating cannabinoids, potentially intoxicating
72+compounds, and intoxicating cannabinoids are marijuana
73+or marijuana products for the purposes of the retail
74+marijuana sales tax; and
75+! A person must be licensed to manufacture potentially
76+intoxicating compounds or intoxicating cannabinoids.
77+The bill prohibits the following acts:
78+! Manufacturing, selling, or delivering products that contain
79+intoxicating cannabinoids in excess of limits established by
80+rule;
81+! Manufacturing a product containing hemp that is not a
82+cosmetic, a dietary supplement, a food, a food additive, or
83+an herb; or
84+! Manufacturing, producing, selling, distributing, or holding
85+for sale or distribution a safe harbor hemp product without
86+registering with the department.
87+The penalty for a violation is up to $10,000. The bill specifies
88+factors to consider in determining the amount of the penalty.
89+The bill requires the executive director of the department of
90+revenue to analyze the feasibility of establishing a standing committee to
91+evaluate cannabinoids and cannabis-derived products for the purpose of
92+determining and making recommendations regarding their safety profiles
93+271
94+-2- and potential for intoxication. The department of revenue may engage
95+experts to do this analysis.
96+Be it enacted by the General Assembly of the State of Colorado:1
97+SECTION 1. In Colorado Revised Statutes, 25-5-426, amend2
98+(4)(b)(II) and (4)(b)(III); and repeal (2)(g.3), (2)(g.5), (4)(b)(IV), (4)(d),3
99+and (4)(e) as follows:4
100+25-5-426. Wholesale food manufacturing and storage -5
101+definitions - legislative declaration - registration - fees - cash fund.6
102+(2) As used in this section, unless the context otherwise requires:7
103+(g.3) "Industrial hemp" has the meaning set forth in section8
104+35-61-101 (7).9
105+(g.5) "Industrial hemp product" means a finished product10
106+containing industrial hemp that:11
107+(I) Is a cosmetic, food, food additive, or herb;12
108+(II) Is for human use or consumption;13
109+(III) Contains any part of the hemp plant, including naturally14
110+occurring cannabinoids, compounds, concentrates, extracts, isolates,15
111+resins, or derivatives; and16
112+(IV) Contains a delta-9 tetrahydrocannabinol concentration of no17
113+more than three-tenths of one percent.18
114+(4) (b) (II) Except as provided in subsection (4)(b)(IV) of this19
115+section, A wholesale food manufacturer or storage facility with gross20
116+annual sales of less than one hundred fifty thousand dollars shall pay the21
117+department a registration fee of sixty dollars.22
118+(III) Except as provided in subsection (4)(b)(IV) of this section,23
119+A wholesale food manufacturer or storage facility with gross annual sales24
120+of one hundred fifty thousand dollars or more shall pay the department a25
121+271-3- registration fee of three hundred dollars.1
122+(IV) A wholesale food manufacturer that produces an industrial2
123+hemp product shall pay the department a registration fee of three hundred3
124+dollars, regardless of its gross annual sales.4
125+(d) Industrial hemp products produced by wholesale food5
126+manufacturing facilities registered in accordance with this subsection (4)6
127+shall not be deemed adulterated, as defined in sections 25-5-410 and7
128+25-5-416, unless the products meet one or more of the criteria set forth in8
129+section 25-5-410 or 25-5-416.9
130+(e) In addition to any powers listed in this section, the department10
131+may promulgate rules to prohibit, within final products made available for11
132+sale, the chemical modification, conversion, or synthetic derivation of12
133+intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and13
134+delta-10, or other intoxicating tetrahydrocannabinol isomers that originate14
135+from industrial hemp or may be synthetically derived.15
136+SECTION 2. In Colorado Revised Statutes, add 25-5-427 as16
137+follows:17
138+25-5-427. Classes of hemp-derived compounds and18
139+cannabinoids - definitions - registration required - prohibitions - safe19
140+harbor - rules - repeal. (1) Legislative declaration. T
141+HE GENERAL20
142+ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE REGISTRATION21
143+OF HEMP PRODUCT AND SAFE HARBOR HEMP PRODUCT MANUFACTURERS22
144+AND THE REGULATION OF PREMISES AND PLACES WHERE HEMP PRODUCTS23
145+AND SAFE HARBOR HEMP PRODUCTS ARE MANUFACTURED FOR24
146+DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR25
147+DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR26
148+DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR27
149+271
150+-4- DISTRIBUTION, OR HELD FOR DISTRIBUTION IN ACCORDANCE WITH THIS1
151+PART 4 AND ANY RULES PROMULGATED UNDER THIS PART 4:2
83152 (a) A
84-RE NECESSARY TO PROTECT THE PUBLIC HEALTH ;
153+RE NECESSARY TO PROTECT THE PUBLIC HEALTH ;3
85154 (b) W
86-ILL BENEFIT CONSUMERS BY ENSURING THAT HEMP PRODUCTS
87-ARE SOLD AND DISTRIBUTED BY SAFE SOURCES
88-;
155+ILL BENEFIT CONSUMERS BY ENSURING THAT HEMP4
156+PRODUCTS ARE SOLD AND DISTRIBUTED BY SAFE SOURCES ;5
89157 (c) W
90-ILL ASSIST RETAILERS BY ENSURING THAT HEMP PRODUCTS
91-HAVE NOT BEEN ADULTERATED DURING MANUFACTURING
92-, PRODUCTION,
93-PACKAGING, PROCESSING, PREPARING, TREATING, TRANSPORTING, AND
94-STORAGE
95-; AND
96-(d) WILL CONTRIBUTE TO THE ECONOMIC HEALTH OF THE STATE BY
97-ENSURING THAT
98-COLORADO HEMP PRODUCT AND SAFE HARBOR HEMP
99-PRODUCT MANUFACTURERS ARE PERMITTED TO SHIP THEIR PRODUCTS IN
100-INTERSTATE COMMERCE
101-.
158+ILL ASSIST RETAILERS BY ENSURING THAT HEMP PRODUCTS6
159+HAVE NOT BEEN ADULTERATED DURING MANUFACTURING , PRODUCTION,7
160+PACKAGING, PROCESSING, PREPARING, TREATING, TRANSPORTING, AND8
161+STORAGE; AND9
162+(d) W
163+ILL CONTRIBUTE TO THE ECONOMIC HEALTH OF THE STATE BY10
164+ENSURING THAT COLORADO HEMP PRODUCT AND SAFE HARBOR HEMP11
165+PRODUCT MANUFACTURERS ARE PERMITTED TO SHIP THEIR PRODUCTS IN12
166+INTERSTATE COMMERCE .13
102167 (2) Definitions. A
103-S USED IN THIS SECTION, UNLESS THE CONTEXT
104-OTHERWISE REQUIRES
105-:
168+S USED IN THIS SECTION, UNLESS THE CONTEXT14
169+OTHERWISE REQUIRES:15
106170 (a) "D
107-IETARY SUPPLEMENT" HAS THE MEANING SET FORTH IN
108-SECTION
109-25-5-426 (2)(d).
110-PAGE 3-SENATE BILL 23-271 (b) "HEMP" HAS THE MEANING SET FORTH IN SECTION 35-61-101 (7).
171+IETARY SUPPLEMENT" HAS THE MEANING SET FORTH IN16
172+SECTION 25-5-426 (2)(d).17
173+(b) "H
174+EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10118
175+(7).19
111176 (c) "H
112-EMP MANUFACTURER OR STORAGE FACILITY " MEANS A
113-FACILITY WHERE HEMP PRODUCTS ARE MANUFACTURED OR STORED
114-.
177+EMP MANUFACTURER OR STORAGE FACILITY " MEANS A20
178+FACILITY WHERE HEMP PRODUCTS ARE MANUFACTURED OR STORED .21
115179 (d) "H
116-EMP PRODUCT" MEANS A FINISHED PRODUCT THAT CONTAINS
117-HEMP AND THAT
118-:
180+EMP PRODUCT" MEANS A FINISHED PRODUCT THAT CONTAINS22
181+HEMP AND THAT:23
119182 (I) I
120-S A COSMETIC, A DIETARY SUPPLEMENT , A FOOD, A FOOD
121-ADDITIVE
122-, OR AN HERB;
183+S A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD24
184+ADDITIVE, OR AN HERB;25
123185 (II) I
124-S INTENDED FOR HUMAN USE OR CONSUMPTION ;
186+S INTENDED FOR HUMAN USE OR
187+CONSUMPTION;26
125188 (III) C
126-ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING
127-NATURALLY OCCURRING CANNABINOIDS
128-, COMPOUNDS, CONCENTRATES,
129-EXTRACTS, ISOLATES, OR RESINS;
189+ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING27
190+271
191+-5- NATURALLY OCCURRING CANNABINOIDS , COMPOUNDS, CONCENTRATES,1
192+EXTRACTS, ISOLATES, OR RESINS;2
130193 (IV) I
131-S PRODUCED FROM HEMP;
194+S PRODUCED FROM HEMP;3
132195 (V) C
133196 ONTAINS NO MORE THAN ONE AND THREE -FOURTHS
134-MILLIGRAMS OF
135-THC PER SERVING; AND
136-(VI) CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN
137-OR EQUAL TO FIFTEEN TO ONE
138-.
197+4
198+MILLIGRAMS OF THC PER SERVING; AND5
199+(VI) C
200+ONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER6
201+THAN OR EQUAL TO FIFTEEN TO ONE.7
139202 (e) "I
140-NTOXICATING CANNABINOID " MEANS A CANNABINOID THAT IS
141-CLASSIFIED AS AN INTOXICATING CANNABINOID IN THIS SECTION OR BY RULE
142-OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE LICENSING
143-AUTHORITY
144-, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND (4)(h) OF THIS
145-SECTION
146-.
203+NTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
204+8
205+IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN THIS SECTION OR BY9
206+RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE10
207+LICENSING AUTHORITY, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND11
208+(4)(h) OF THIS SECTION.12
147209 (f) "M
148-ANUFACTURING OR PROCESSING ", "MANUFACTURING",
210+ANUFACTURING OR PROCESSING ", "MANUFACTURING",13
149211 "
150-MANUFACTURE", "PROCESS", OR "PROCESSING" HAS THE SAME MEANING AS
151-"MANUFACTURING OR PROCESSING ", AS SET FORTH IN SECTION 25-5-426
152-(2)(h).
212+MANUFACTURE", "PROCESS", OR "PROCESSING" HAS THE SAME MEANING14
213+AS "MANUFACTURING OR PROCESSING ", AS SET FORTH IN SECTION15
214+25-5-426 (2)(h).16
153215 (g) "N
154-ONINTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
155-IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN THIS SECTION OR BY
156-RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE
157-LICENSING AUTHORITY
158-, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND
159-PAGE 4-SENATE BILL 23-271 (4)(h) OF THIS SECTION.
160-(h) "P
161-HYSICAL SEPARATION" MEANS SEGREGATION OF THE
162-OPERATIONS OF A REGULATED HEMP FACILITY
163-:
164-(I) I
165-NCLUDING THE PHYSICAL SEPARATION OF HEMP PRODUCTS AND
166-SAFE HARBOR HEMP PRODUCTS DURING MANUFACTURE
167-, PRODUCTION,
168-STORAGE, AND DISTRIBUTION; AND
169-(II) THE USE OF SEPARATE EQUIPMENT FOR THE MANUFACTURE OR
170-PRODUCTION OF HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS
171-.
172-(i) "P
173-OTENTIALLY INTOXICATING CANNABINOID " HAS THE MEANING
174-SET FORTH IN SECTION
175-44-10-103 (48.5).
176-(j) "R
177-EGISTRANT" MEANS A PERSON REGISTERED UNDER SUBSECTION
178-(5) OF THIS SECTION.
179-(k) "R
180-EGULATED HEMP FACILITY" MEANS:
216+ONINTOXICATING CANNABINOID " MEANS A CANNABINOID
217+17
218+THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN THIS18
219+SECTION OR BY RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH19
220+THE STATE LICENSING AUTHORITY, IN ACCORDANCE WITH SUBSECTIONS20
221+(4)(g) AND (4)(h) OF THIS SECTION.21
222+(h) "PHYSICAL SEPARATION" MEANS SEGREGATION OF THE22
223+OPERATIONS OF A REGULATED HEMP FACILITY :23
224+(I) INCLUDING THE PHYSICAL SEPARATION OF HEMP PRODUCTS AND24
225+SAFE HARBOR HEMP PRODUCTS DURING MANUFACTURE , PRODUCTION,25
226+STORAGE, AND DISTRIBUTION; AND26
227+(II) THE USE OF SEPARATE EQUIPMENT FOR THE MANUFACTURE OR27
228+271
229+-6- PRODUCTION OF HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS .1
230+(i) "POTENTIALLY INTOXICATING CANNABINOID" HAS THE2
231+MEANING SET FORTH IN SECTION 44-10-103 (48.5).3
232+(j) "REGISTRANT" MEANS A PERSON REGISTERED UNDER4
233+SUBSECTION (5) OF THIS SECTION.5
234+(k) "REGULATED HEMP FACILITY" MEANS:6
181235 (I) A
182- HEMP MANUFACTURER OR STORAGE FACILITY ; OR
183-(II) A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .
184-(l) "S
185-AFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED
186-COMPOUND OR CANNABINOID
187-, WHETHER A FINISHED PRODUCT OR IN THE
188-PROCESS OF BEING PRODUCED
189-, THAT IS PERMITTED TO BE MANUFACTURED
190-FOR DISTRIBUTION
191-, PRODUCED FOR DISTRIBUTION , PACKAGED FOR
192-DISTRIBUTION
193-, PROCESSED FOR DISTRIBUTION, PREPARED FOR DISTRIBUTION,
194-TREATED FOR DISTRIBUTION, TRANSPORTED FOR DISTRIBUTION, OR HELD FOR
195-DISTRIBUTION IN
196-COLORADO FOR EXPORT FROM COLORADO BUT THAT IS NOT
197-PERMITTED TO BE SOLD OR DISTRIBUTED IN
198-COLORADO.
199-(m) "S
200-AFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR
201-"SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR
202-DISTRIBUTION
203-, PRODUCES FOR DISTRIBUTION, PACKAGES FOR DISTRIBUTION,
204-PROCESSES FOR DISTRIBUTION, PREPARES FOR DISTRIBUTION, TREATS FOR
205-DISTRIBUTION
206-, TRANSPORTS FOR DISTRIBUTION, OR HOLDS FOR DISTRIBUTION
207-A SAFE HARBOR HEMP PRODUCT
208-.
209-PAGE 5-SENATE BILL 23-271 (n) "SEMI-SYNTHETIC CANNABINOID" HAS THE MEANING SET FORTH
210-IN SECTION
211-44-10-209 (2)(b).
212-(o) "S
213-ERVING" MEANS THE SIZE OR PORTION CUSTOMARILY
214-CONSUMED PER EATING OCCASION
215-, EXPRESSED IN A COMMON HOUSEHOLD
216-MEASURE AS ESTABLISHED IN TABLE
217-2 OF 21 CFR 101.12.
218-(p) "S
219-TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH IN
220-SECTION
221-44-10-103 (69).
222-(q) "S
223-YNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN
224-SECTION
225-44-10-209 (2)(c).
226-(r) "T
227-ETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET
228-FORTH IN SECTION
229-44-10-209 (2)(d).
230-(s) "T
231-INCTURE" MEANS A LIQUID HEMP PRODUCT THAT IS PACKAGED
232-IN A CONTAINER OF FOUR FLUID OUNCES OR LESS
233-, THAT IS NOT A BEVERAGE
234-OR INTENDED FOR DRINKING
235-, AND THAT CONSISTS OF A SOLUTION:
236+ HEMP MANUFACTURER OR STORAGE FACILITY ; OR7
237+(II) A
238+ SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .8
239+(l) "SAFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED9
240+COMPOUND OR CANNABINOID , WHETHER A FINISHED PRODUCT OR IN THE10
241+PROCESS OF BEING PRODUCED, THAT IS PERMITTED TO BE MANUFACTURED11
242+FOR DISTRIBUTION, PRODUCED FOR DISTRIBUTION , PACKAGED FOR12
243+DISTRIBUTION, PROCESSED FOR DISTRIBUTION , PREPARED FOR13
244+DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR14
245+DISTRIBUTION, OR HELD FOR DISTRIBUTION IN COLORADO FOR EXPORT15
246+FROM COLORADO BUT THAT IS NOT PERMITTED TO BE SOLD OR16
247+DISTRIBUTED IN COLORADO.17
248+(m) "SAFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR18
249+"
250+SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR19
251+DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR20
252+DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR21
253+DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR22
254+DISTRIBUTION, OR HOLDS FOR DISTRIBUTION A SAFE HARBOR HEMP23
255+PRODUCT.24(n) "SEMI-SYNTHETIC CANNABINOID " HAS THE MEANING SET25
256+FORTH IN SECTION 44-10-208 (2)(b).26
257+(o) "SERVING" MEANS THE SIZE OR PORTION CUSTOMARILY27
258+271
259+-7- CONSUMED PER EATING OCCASION , EXPRESSED IN A COMMON HOUSEHOLD1
260+MEASURE AS ESTABLISHED IN TABLE 2 OF 21 CFR 101.12.2
261+(p) "STATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH3
262+IN SECTION 44-10-103 (69).4
263+(q) "SYNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN5
264+SECTION 44-10-208 (2)(c).6
265+(r) "TETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET7
266+FORTH IN SECTION 44-10-208 (2)(d).8
267+(s) "TINCTURE" MEANS A LIQUID HEMP PRODUCT THAT IS9
268+PACKAGED IN A CONTAINER OF FOUR FLUID OUNCES OR LESS, THAT IS NOT10
269+A BEVERAGE OR INTENDED FOR DRINKING , AND THAT CONSISTS OF A11
270+SOLUTION:12
236271 (I) C
237-ONTAINING AT LEAST TWENTY-FIVE PERCENT NON-DENATURED
238-ALCOHOL OR A BASE OF GLYCERIN OR PLANT
239--BASED OIL;
272+ONTAINING AT LEAST TWENTY -FIVE PERCENT
273+13
274+NON-DENATURED ALCOHOL OR A BASE OF GLYCERIN OR PLANT-BASED OIL;14
240275 (II) C
241276 ONTAINING HEMP, HEMP CONCENTRATE, OR HEMP EXTRACT;
242-AND
243-(III) INTENDED FOR HUMAN USE .
277+15
278+AND16
279+(III) I
280+NTENDED FOR HUMAN USE .
281+17
244282 (3) Powers and duties of the department - rules. T
245-HE
246-DEPARTMENT HAS THE POWER AND DUTY TO
247-:
283+HE18
284+DEPARTMENT HAS THE POWER AND DUTY TO :19
248285 (a) G
249-RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION (5)
250-OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A
251-REGISTRATION
252-;
286+RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION20
287+(5)
288+ OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A21
289+REGISTRATION;22
253290 (b) S
254-USPEND, DENY, OR REVOKE A REGISTRATION UNDER
255-CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED
256-UNDER THIS SECTION
257-;
291+USPEND, DENY, OR REVOKE A REGISTRATION UNDER23
292+CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED24
293+UNDER THIS SECTION;25
258294 (c) R
259-EVIEW ANY RECORDS OF A REGISTRANT THAT MANUFACTURES
260-PAGE 6-SENATE BILL 23-271 FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR
261-DISTRIBUTION
262-, PROCESSES FOR DISTRIBUTION, PREPARES FOR DISTRIBUTION,
263-TREATS FOR DISTRIBUTION, TRANSPORTS FOR DISTRIBUTION, OR HOLDS FOR
264-DISTRIBUTION PRODUCTS SUBJECT TO THIS SECTION AS NECESSARY TO
265-VERIFY COMPLIANCE WITH THIS SECTION
266-;
295+EVIEW ANY RECORDS OF A REGISTRANT THAT M ANUFACTURES26
296+FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR27
297+271
298+-8- DISTRIBUTION, PROCESSES FOR DISTRIBUTION , PREPARES FOR1
299+DISTRIBUTION, TREATS FOR DISTRIBUTION , TRANSPORTS FOR2
300+DISTRIBUTION, OR HOLDS FOR DISTRIBUTION PRODUCTS SUBJECT TO THIS3
301+SECTION AS NECESSARY TO VERIFY COMPLIANCE WITH THIS SECTION ;4
267302 (d) P
268-ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT
269-CHEMICAL MODIFICATION
270-, CONVERSION, OR SYNTHETIC DERIVATION OF
271-CANNABINOIDS OR OTHER HEMP
272--DERIVED COMPOUNDS, UNLESS OTHERWISE
273-PERMITTED BY THIS PART
274-4 OR BY ANY RULES PROMULGATED UNDER THIS
275-PART
276-4;
277-(e) (I) P
278-ROMULGATE RULES, IN COORDINATION WITH THE STATE
279-LICENSING AUTHORITY
280-, ESTABLISHING THE AMOUNT OF ANY CANNABINOID
281-THAT MAKES THE CANNABINOID INTOXICATING
282-;
303+ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT5
304+CHEMICAL MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF6
305+CANNABINOIDS OR OTHER HEMP -DERIVED COMPOUNDS , UNLESS7
306+OTHERWISE PERMITTED BY THIS PART 4 OR BY ANY RULES PROMULGATED8
307+UNDER THIS PART 4;9
308+(e) (I)
309+ PROMULGATE RULES, IN COORDINATION WITH THE STATE10
310+LICENSING AUTHORITY, ESTABLISHING THE AMOUNT OF ANY CANNABINOID11
311+THAT MAKES THE CANNABINOID INTOXICATING ;12
283312 (II) P
284313 ROMULGATE RULES IMPLEMENTING SUBSECTION (8) OF THIS
285-SECTION
286-;
314+13
315+SECTION;14
316+(III) IF NECESSARY, PROMULGATE RULES CREATING A PROCESS TO15
317+PREVENT CROSS CONTAMINATION BETWEEN HEMP PRODUCTS AND SAFE16
318+HARBOR HEMP PRODUCTS AND SPECIFYING A SET OF REQUIREMENTS FOR:17
319+(A) THE CO-LOCATION OF THE MANUFACTURE OF, PRODUCTION OF,18
320+STORAGE OF, AND DISTRIBUTION OF HEMP PRODUCTS AND SAFE HARBOR19
321+HEMP PRODUCTS; AND20
322+(B) THE USE OF THE SAME EQUIPMENT FOR THE PRODUCTION OF21
323+SAFE HARBOR HEMP PRODUCTS AND HEMP PRODUCTS .22
324+(IV) PROMULGATE RULES PROHIBITING THE EXPORT OF A SAFE23
325+HARBOR HEMP PRODUCT TO A STATE WHERE THE SAFE HARBOR HEMP24
326+PRODUCT IS PROHIBITED BY STATE STATUTE; AND25
327+(V) PROMULGATE RULES PROHIBITING THE MANUFACTURE ,26
328+PRODUCTION, OR DISTRIBUTION OF A SAFE HARBOR PRODUCT THAT IS ALSO27
329+271
330+-9- A SYNTHETIC CANNABINOID;1
331+(f) P
332+ROMULGATE RULES GOVERNING TESTING AND LABELING ,
333+ AS2
334+PROVIDED IN SUBSECTIONS (4)(c)(II) AND (4)(d)(III) OF THIS SECTION. IN3
335+PROMULGATING THE LABELING FOR HEMP PRODUCTS, THE DEPARTMENT4
336+SHALL CONSIDER:5
337+(I) THE APPROPRIATENESS OF LABELING RULES PROMULGATED BY6
338+THE STATE LICENSING AUTHORITY GOVERNING PRODUCTS WITH THC; AND7
339+(II) HOW BEST TO INFORM CONSUMERS OF THE RATIO OF8
340+CANNABIDIOL TO THC, INCLUDING A DIFFERENTIATION BETWEEN PRODUCT9
341+LABELS BASED ON THE RATIO OF CBD TO THC. 10
342+(g) PROMULGATE RULES AUTHORIZING, PROHIBITING, OR11
343+REGULATING HEMP-DERIVED INGREDIENTS IN HEMP PRODUCTS THAT ARE12
344+COMPOUNDS OTHER THAN CANNABINOIDS ;13
345+(h) PROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR14
346+THE FAIR, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS15
347+PART 4 WITH RESPECT TO HEMP, HEMP PRODUCTS, OR SAFE HARBOR HEMP16
348+PRODUCTS; AND17
349+(i) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO18
350+ADDRESS VIOLATIONS OF THIS SECTION.19
351+(4) Classifications of hemp-derived compounds and20
352+cannabinoids - rules. (a) H
353+EMP-DERIVED COMPOUNDS AND21
354+CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :22
355+(I) N
356+ONINTOXICATING CANNABINOIDS ;23
357+(II) P
358+OTENTIALLY INTOXICATING
359+CANNABINOIDS; AND24
287360 (III) I
288-F NECESSARY, PROMULGATE RULES CREATING A PROCESS TO
289-PREVENT CROSS CONTAMINATION BETWEEN HEMP PRODUCTS AND SAFE
290-HARBOR HEMP PRODUCTS AND SPECIFYING A SET OF REQUIREMENTS FOR
291-:
361+NTOXICATING CANNABINOIDS .25
362+(b) (I) N
363+ONINTOXICATING CANNABINOIDS INCLUDE :26
364+(A) F
365+ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE27
366+271
367+-10- THAN ONE AND THREE-FOURTHS MILLIGRAMS OF THC PER SERVING AND1
368+CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL2
369+TO FIFTEEN TO ONE;3
370+(B) B
371+ROAD SPECTRUM HEMP EXTRACT ;4
372+(C) C
373+ANNABIDIOL, ALSO KNOWN AS "CBD";5
374+(D) T
375+ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";6
376+(E) C
377+ANNABICHROMENE, ALSO KNOWN AS "CBC";7
378+(F) C
379+ANNABICITRAN, ALSO KNOWN AS "CBT";8
380+(G) C
381+ANNABICYCLOL, ALSO KNOWN AS "CBL";9
382+(H) C
383+ANNABIELSOIN, ALSO KNOWN AS "CBE";10
384+(I) C
385+ANNABIGEROL, ALSO KNOWN AS "CBG";11
386+(J) C
387+ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND12
388+(K) C
389+ANNABINOL, ALSO KNOWN AS "CBN".13
390+(II) N
391+ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM14
392+HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A15
393+FINISHED HEMP PRODUCT IN ACCOR DANCE WITH THIS SECTION AND THE16
394+RULES PROMULGATED UNDER THIS PART 4 OR IN ACCORDANCE WITH17
395+ARTICLE 10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE18
396+10
397+ OF TITLE 44.19
398+(c) (I) A
399+ PERSON SHALL NOT:20
400+(A) M
401+ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY21
402+INTOXICATING
403+CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A22
404+HEMP PRODUCT OR AS A FINISHED HEMP PRODUCT , UNLESS THE23
405+POTENTIALLY INTOXICATING CANNABINOID IS A SAFE HARBOR HEMP24
406+PRODUCT THAT IS EXPORTED FROM COLORADO; OR25
407+(B) M
408+ARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC26
409+OR ANY OTHER POTENTIALLY INTOXICATING
410+CANNABINOID.27
411+271
412+-11- (II) A PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES1
413+A PRODUCT CONTAINING A POTENTIALLY INTOXICATING CANNABINOID2
414+SHALL LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES3
415+PROMULGATED UNDER THIS SECTION .4
416+(d) (I) I
417+NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN5
418+AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO6
419+RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:7
420+(A) D
421+ELTA-10 THC AND ITS ISOMERS;8
422+(B) D
423+ELTA-9 THC AND ITS ISOMERS;9
424+(C) D
425+ELTA-8 THC AND ITS ISOMERS;10
426+(D) D
427+ELTA-7 THC AND ITS ISOMERS;11
428+(E) D
429+ELTA-6a, 10a THC AND ITS ISOMERS;12
430+(F) E
431+XO-TETRAHYDROCANNABINOL ;13
432+(G) M
433+ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,14
434+3-
435+HYDROXY-THC, OR 7-HYDROXY-THC;15
436+(H) H
437+YDROGENATED FORMS OF THC, INCLUDING16
438+HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND17
439+HEXAHYDROCANNABIHEXOL ;18
440+(I) S
441+YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;19
442+(J) E
443+STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,20
444+DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;21
445+(K) T
446+ETRAHYDROCANNABIVARINS , INCLUDING DELTA -822
447+TETRAHYDROC ANNABIVARIN BUT EXCLUDING DELTA -923
448+TETRAHYDROCANNAB IVARIN ;24
449+(L) A
450+NALOGUES OF TETRAHYDROCANNAB INOLS WITH AN ALKYL25
451+CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING26
452+TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,27
453+271
454+-12- TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND1
455+(M) A
456+NY COMBINATION OF THE COMPOUNDS , INCLUDING2
457+HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION3
458+(4)(d)(I).4
459+(II) A
460+ PERSON SHALL NOT:5
461+(A) M
462+ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING6
463+CANNABINOID WITHIN COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT7
464+OR AS A FINISHED HEMP PRODUCT , UNLESS THE INTOXICATING8
465+CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM9
466+C
467+OLORADO; OR10
468+(B) M
469+ARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR11
470+HEMP PRODUCT AS CONTAINING THC OR ANY OTHER INTOXICATING12
471+CANNABINOID.13
472+(III) A
473+ PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES14
474+A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL15
475+THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER16
476+THIS SECTION.17
477+(e) (I) A
478+ PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR18
479+OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A19
480+SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC20
481+CANNABINOIDS ARE PERMITTED BY RULE , THE DEPARTMENT , IN21
482+COORDINATION WITH THE STATE LICENSING AUTHORITY , SHALL22
483+PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE23
484+MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN24
485+C
486+OLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR25
487+ANY HEMP-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN26
488+C
489+OLORADO THAT CONTAINS A SEMI -SYNTHETIC OR SYNTHETIC27
490+271
491+-13- CANNABINOID AS AN INGREDIENT .1
492+(II) T
493+O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,2
494+SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND3
495+LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE4
496+DEPARTMENT UNDER SECTION 25-5-420 AND SUBSECTION (4)(e)(I) OF THIS5
497+SECTION.6
498+(f) T
499+HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A7
500+CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT8
501+ARE MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION,9
502+PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED10
503+FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR11
504+DISTRIBUTION, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN12
505+INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING13
506+CANNABINOIDS.14
507+(g) T
508+HE DEPARTMENT, IN COORDINATION WITH THE STATE15
509+LICENSING AUTHORITY, MAY PROMULGATE RULES TO :16
510+(I) C
511+LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT17
512+IS NOT CLASSIFIED IN THIS SUBSECTION (4);
513+18
514+(II) R
515+ECLASSIFY A HEMP-DERIVED COMPOUND OR C ANNABINOID19
516+CLASSIFIED IN THIS SUBSECTION (4) IF:20
292517 (A) T
293-HE CO-LOCATION OF THE MANUFACTURE OF , PRODUCTION OF,
294-STORAGE OF, AND DISTRIBUTION OF HEMP PR ODUCTS AND SAFE HARBOR
295-HEMP PRODUCTS
296-; AND
297-(B) THE USE OF THE SAME EQUIPMENT FOR THE PRODUCTION OF SAFE
298-HARBOR HEMP PRODUCTS AND HEMP PRODUCTS
299-;
300-(IV) P
301-ROMULGATE RULES PROHIBITING THE EXPORT OF A SAFE
302-HARBOR HEMP PRODUCT TO A STATE WHERE THE SAFE HARBOR HEMP
303-PRODUCT IS PROHIBITED BY STATE STATUTE
304-; AND
305-(V) PROMULGATE RULES PROHIBITING THE MANUFACTURE ,
306-PRODUCTION, OR DISTRIBUTION OF A SAFE HARBOR PRODUCT THAT IS ALSO
307-A SYNTHETIC CANNABINOID
308-;
309-(f) P
310-ROMULGATE RULES GOVERNING TESTING AND LABELING , AS
311-PROVIDED IN SUBSECTIONS
312- (4)(c)(II) AND (4)(d)(III) OF THIS SECTION. IN
313-PAGE 7-SENATE BILL 23-271 PROMULGATING THE LABELING FOR HEMP PRODUCTS , THE DEPARTMENT
314-SHALL CONSIDER
315-:
316-(I) T
317-HE LABELING RULES PROMULGATED BY THE STATE LICENSING
318-AUTHORITY GOVERNING PRODUCTS WITH
319-THC;
320-(II) H
321-OW BEST TO INFORM CONSUMERS OF THE RATIO OF
322-CANNABIDIOL TO
323-THC, INCLUDING A DIFFERENTIATION BETWEEN PRODUCT
324-LABELS BASED ON THE RATIO OF
325-CBD TO THC; AND
326-(III) INFORMATION ON POTENTIAL HEALTH EFFECTS OF USING HEMP
327-PRODUCTS AND REQUIREMENTS FOR CONSUMER NOTICE AS REQUIRED IN
328-SUBSECTION
329- (4)(f) OF THIS SECTION.
330-(g) P
331-ROMULGATE RULES AUTHORIZING , PROHIBITING, OR
332-REGULATING HEMP
333--DERIVED INGREDIENTS IN HEMP PRODUCTS THAT ARE
334-COMPOUNDS OTHER THAN CANNABINOIDS
335-;
336-(h) P
337-ROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR THE
338-FAIR
339-, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS PART 4
340-WITH RESPECT TO HEMP , HEMP PRODUCTS, OR SAFE HARBOR HEMP
341-PRODUCTS
342-; AND
343-(i) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO
344-ADDRESS VIOLATIONS OF THIS SECTION
345-.
346-(4) Classifications of hemp-derived compounds and
347-cannabinoids - rules. (a) H
348-EMP-DERIVED COMPOUNDS AND CANNABINOIDS
349-ARE DIVIDED INTO THREE CLASSIFICATIONS
350-:
351-(I) N
352-ONINTOXICATING CANNABINOIDS ;
353-(II) P
354-OTENTIALLY INTOXICATING CANNABINOIDS ; AND
355-(III) INTOXICATING CANNABINOIDS .
356-(b) (I) N
357-ONINTOXICATING CANNABINOIDS INCLUDE :
358-(A) F
359-ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE THAN
360-ONE AND THREE
361--FOURTHS MILLIGRAMS OF THC PER SERVING AND CONTAINS
362-PAGE 8-SENATE BILL 23-271 A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL TO FIFTEEN
363-TO ONE
364-;
365-(B) B
366-ROAD SPECTRUM HEMP EXTRACT ;
367-(C) C
368-ANNABIDIOL, ALSO KNOWN AS "CBD";
369-(D) T
370-ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";
371-(E) C
372-ANNABICHROMENE, ALSO KNOWN AS "CBC";
373-(F) C
374-ANNABICITRAN, ALSO KNOWN AS "CBT";
375-(G) C
376-ANNABICYCLOL, ALSO KNOWN AS "CBL";
377-(H) C
378-ANNABIELSOIN, ALSO KNOWN AS "CBE";
379-(I) C
380-ANNABIGEROL, ALSO KNOWN AS "CBG";
381-(J) C
382-ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND
383-(K) CANNABINOL, ALSO KNOWN AS "CBN".
384-(II) N
385-ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM
386-HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A
387-FINISHED HEMP PRODUCT IN ACCORDANCE WITH THIS SECTION AND THE
388-RULES PROMULGATED UNDER THIS PART
389-4 OR IN ACCORDANCE WITH ARTICLE
390-10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE 10 OF TITLE
391-44.
392-(c) (I) A
393- PERSON SHALL NOT:
518+HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED21
519+A PROCESS TO REVIEW AND APPROVE HEMP -DERIVED COMPOUNDS OR22
520+CANNABINOIDS;23
521+(B) T
522+HE REVIEW AND APPROVAL PROCESS DESCRIBED IN24
523+SUBSECTION (4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING25
524+POTENTIAL OF THE HEMP-DERIVED COMPOUND OR CANNABINOID ; AND26
525+(C) T
526+HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE27
527+271
528+-14- PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (4)(g)(II)(A) AND1
529+(4)(g)(II)(B)
530+OF THIS
531+SECTION.2
532+(h) TO RECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID,3
533+UNDER SUBSECTION (4)(g) OF THIS SECTION, THE RECLASSIFICATION MUST:4
534+(I) BE SUPPORTED BY PEER-REVIEWED RESEARCH OR CLINICAL5
535+TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC6
536+CERTAINTY THAT THE HEMP-DERIVED COMPOUND OR CANNABINOID OR A7
537+PRODUCT CONTAINING A HEMP-DERIVED COMPOUND OR CANNABINOID8
538+SHOULD BE RECLASSIFIED; OR9
539+(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING10
540+SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT11
541+REPORTS. 12
542+(5) Registration required - regulated hemp facilities -13
543+application - fees - repeal. (a) B
544+EGINNING JULY 1, 2023, AND ON OR14
545+BEFORE JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED15
546+HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE16
547+DEPARTMENT. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER17
548+OR STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR18
549+STORAGE FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE19
550+HUNDRED DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED20
551+IN SUBSECTION (5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON21
552+J
553+UNE 30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED ,22
554+REGARDLESS OF WHETHER THE REGISTRATION WAS ISSUED AFTER JULY 123
555+FOR THE YEAR. NOTWITHSTANDING THAT A REGISTRATION IS VALID FOR24
556+ONLY A PORTION OF A FISCAL YEAR, THE APPLICATION AND REGISTRATION25
557+FEE DO NOT CHANGE.26
558+(b) I
559+N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION27
560+271
561+-15- (5)(a) OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A1
562+REGULATED HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS .2
563+(c) (I) T
564+O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS3
565+SECTION, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST4
566+DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD5
567+MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE6
568+REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS7
569+REGISTRATION BY SUBMITTING TO THE DEPARTMENT :8
570+(A) A
571+N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,9
572+WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND10
573+EACH YEAR THEREAFTER; AND11
574+(B) E
575+VIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED12
576+THIRD-PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR13
577+THEREAFTER.14
578+(II) T
579+HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE15
580+HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION16
581+(5)
582+ IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE17
583+FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE18
584+FACILITY, UNLESS EACH SAFE HARBOR HEMP PRODUCT :19
585+(A) IS PHYSICALLY SEPARATED FROM HEMP PRODUCTS DURING THE20
586+MANUFACTURE OF, PRODUCTION OF, STORAGE OF, AND DISTRIBUTION OF21
587+THE SAFE HARBOR HEMP PRODUCT ;22
588+(B) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN23
589+ACCORDANCE WITH PROCEDURES THAT ARE APPROVED BY THE24
590+DEPARTMENT AND THAT ENSURE NO CROSS CONTAMINATION BETWEEN25
591+HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS ; OR26
592+(C) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN27
593+271
594+-16- ACCORDANCE WITH RULES OF THE DEPARTMENT PROMULGATED IN1
595+ACCORDANCE WITH SUBSECTION (3)(e)(III) OF THIS SECTION.2
596+(III) T
597+O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE3
598+HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCORDANCE4
599+WITH RULES PROMULGATED UNDER SECTION 25-5-420 AND SUBSECTION5
600+(4)(e)
601+OF THIS SECTION.6
602+(d) A
603+ REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS7
604+SUBJECT TO SUSPENSION OR REVOCATION , IN ACCORDANCE WITH ARTICLE8
605+4
606+ OF TITLE 24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES9
607+PROMULGATED UNDER THIS PART 4.10
608+(e) A
609+ REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE11
610+CIVIL PENALTIES ESTABLISHED IN SUBSECTION (9) OF THIS SECTION.12
611+(f) (I) SUBSECTIONS (5)(a) TO (5)(e) OF THIS SECTION DO NOT13
612+APPLY TO A REGULATED HEMP FACILITY UNTIL THE DEPARTMENT14
613+PROMULGATES RULES IMPLEMENTING THIS SUBSECTION (5). A REGULATED15
614+HEMP FACILITY MAY CONTINUE MANUFACTURING , PRODUCING, AND16
615+DISTRIBUTING HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS UNTIL17
616+THE DEPARTMENT PROMULGATES RULES IMPLEMENTING THIS SUBSECTION18
617+(5) IF THE REGULATED HEMP FACILITY COMPLIES WITH THE CURRENTLY19
618+APPLICABLE STATUTES AND RULES .20
619+(II) THIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2025.21
620+(6) Hemp products not adulterated. A
621+ PRODUCT CONTAINING22
622+HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED , AS23
623+DEFINED IN SECTIONS 25-5-410 AND 25-5-416, UNLESS THE PRODUCT24
624+MEETS ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN25
625+SECTION 25-5-410 OR 25-5-416.26
626+(7) Fees deposited in fund. T
627+HE DEPARTMENT SHALL TRANSMIT27
628+271
629+-17- FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION1
630+TO THE STATE TREASURER , WHO SHALL CREDIT THE FEES TO THE2
631+WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH3
632+FUND ESTABLISHED IN SECTION 25-5-426 (5).4
633+(8) Offenses. I
634+T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY5
635+CAUSE A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS :6
394636 (a) M
395-ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY
396-INTOXICATING CANNABINOID WITHIN
397-COLORADO, AS AN INGREDIENT IN A
398-HEMP PRODUCT OR AS A FINISHED HEMP PRODUCT
399-, UNLESS THE POTENTIALLY
400-INTOXICATING CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS
401-EXPORTED FROM
402-COLORADO; OR
403-(B) MARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC OR
404-ANY OTHER POTENTIALLY INTOXICATING CANNABINOID
405-.
406-PAGE 9-SENATE BILL 23-271 (II) A PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES A
407-PRODUCT CONTAINING A POTENTIALLY INTOXICATING CANNABINOID SHALL
408-LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED
409-UNDER THIS SECTION
410-.
411-(d) (I) I
412-NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN AN
413-AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR
414-, IF NO RULE
415-ESTABLISHES THE AMOUNT
416-, IN ANY AMOUNT:
417-(A) D
418-ELTA-10 THC AND ITS ISOMERS;
419-(B) D
420-ELTA-9 THC AND ITS ISOMERS;
421-(C) D
422-ELTA-8 THC AND ITS ISOMERS;
423-(D) D
424-ELTA-7 THC AND ITS ISOMERS;
425-(E) D
426-ELTA-6a, 10a THC AND ITS ISOMERS;
427-(F) E
428-XO-TETRAHYDROCANNABINOL ;
429-(G) M
430-ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,
431-3-
432-HYDROXY-THC, OR 7-HYDROXY-THC;
433-(H) H
434-YDROGENATED FORMS OF THC, INCLUDING
435-HEXAHYDROCANNABINOL
436-, HEXAHYDROCANNABIPHOROL , AND
437-HEXAHYDROCANNABIHEXOL
438-;
439-(I) S
440-YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;
441-(J) E
442-STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,
443-DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;
444-(K) T
445-ETRAHYDROCANNABIVARINS , INCLUDING DELTA -8
446-TETRAHYDROCANNABIVARIN BU T EXCLUDING DELTA -9
447-TETRAHYDROCANNAB IVARIN ;
448-(L) A
449-NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL
450-CHAIN OF FOUR OR MORE CARBON ATOMS
451-, INCLUDING
452-TETRAHYDROCANNABIPHOROLS
453-, TETRAHYDROCANNABIOCTYLS ,
454-PAGE 10-SENATE BILL 23-271 TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND
455-(M) ANY COMBINATION OF THE COMPOUNDS , INCLUDING
456-HEXAHYDROCANNABIPHOROL
457--O-ESTER, LISTED IN THIS SUBSECTION
458-(4)(d)(I).
459-(II) A
460- PERSON SHALL NOT:
461-(A) M
462-ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING
463-CANNABINOID WITHIN
464-COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT
465-OR AS A FINISHED HEMP PRODUCT
466-, UNLESS THE INTOXICATING CANNABINOID
467-IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM
468-COLORADO; OR
469-(B) MARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR HEMP
470-PRODUCT AS CONTAINING
471-THC OR ANY OTHER INTOXICATING CANNABINOID .
472-(III) A
473- PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES
474-A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL THE
475-PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER THIS
476-SECTION
477-.
478-(e) (I) A
479- PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR
480-OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A
481-SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE
482-. IF SYNTHETIC
483-CANNABINOIDS ARE PERMITTED BY RULE
484-, THE DEPARTMENT , IN
485-COORDINATION WITH THE STATE LICENSING AUTHORITY
486-, SHALL
487-PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE
488-MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN
489-COLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR ANY
490-HEMP
491--DERIVED PRODUCT MANUFACTURED OR PRODUCED IN COLORADO
492-THAT CONTAINS A SEMI
493--SYNTHETIC OR SYNTHETIC CANNABINOID AS AN
494-INGREDIENT
495-.
496-(II) T
497-O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,
498-SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND
499-LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE
500-DEPARTMENT UNDER SECTION
501-25-5-420 AND SUBSECTION (4)(e)(I) OF THIS
502-SECTION
503-.
504-(f) T
505-HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A
506-PAGE 11-SENATE BILL 23-271 CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT ARE
507-MANUFACTURED FOR DISTRIBUTION
508-, PRODUCED FOR DISTRIBUTION ,
509-PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED FOR
510-DISTRIBUTION
511-, TREATED FOR DISTRIBUTION , TRANSPORTED FOR
512-DISTRIBUTION
513-, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN
514-INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING
515-CANNABINOIDS
516-.
517-(g) T
518-HE DEPARTMENT, IN COORDINATION WITH THE STATE LICENSING
519-AUTHORITY
520-, MAY PROMULGATE RULES TO :
521-(I) C
522-LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT
523-IS NOT CLASSIFIED IN THIS SUBSECTION
524-(4);
525-(II) R
526-ECLASSIFY A HEMP-DERIVED COMPOUND OR C ANNABINOID
527-CLASSIFIED IN THIS SUBSECTION
528-(4) IF:
529-(A) T
530-HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED A
531-PROCESS TO REVIEW AND APPROVE HEMP
532--DERIVED COMPOUNDS OR
533-CANNABINOIDS
534-;
535-(B) T
536-HE REVIEW AND APPROVAL PROCESS DESCRIBED IN SUBSECTION
537-(4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING POTENTIAL OF
538-THE HEMP
539--DERIVED COMPOUND OR CANNABINOID ; AND
540-(C) THE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE
541-PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS
542- (4)(g)(II)(A) AND
543-(4)(g)(II)(B) OF THIS SECTION.
544-(h) T
545-O RECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID ,
546-UNDER SUBSECTION (4)(g) OF THIS SECTION, THE RECLASSIFICATION MUST:
547-(I) B
548-E SUPPORTED BY PEER-REVIEWED RESEARCH OR CLINICAL
549-TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC CERTAINTY
550-THAT THE HEMP
551--DERIVED COMPOUND OR CANNABINOID OR A PRODUCT
552-CONTAINING A HEMP
553--DERIVED COMPOUND OR CANNABINOID SHOULD BE
554-RECLASSIFIED
555-; OR
556-(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING
557-SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT
558-PAGE 12-SENATE BILL 23-271 REPORTS.
559-(5) Registration required - regulated hemp facilities -
560-application - fees - repeal. (a) B
561-EGINNING JULY 1, 2023, AND ON OR
562-BEFORE
563-JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED
564-HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE
565-DEPARTMENT
566-. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER OR
567-STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR STORAGE
568-FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE HUNDRED
569-DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED IN
570-SUBSECTION
571- (5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON JUNE
572-30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED , REGARDLESS OF
573-WHETHER THE REGISTRATION WAS ISSUED AFTER
574-JULY 1 FOR THE YEAR.
575-N
576-OTWITHSTANDING THAT A REGISTRATION IS VALID FOR ONLY A PORTION OF
577-A FISCAL YEAR
578-, THE APPLICATION AND REGISTRATION FEE DO NOT CHANGE .
579-(b) I
580-N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION
581-(5)(a) OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A REGULATED
582-HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS
583-.
584-(c) (I) T
585-O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS
586-SECTION
587-, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST
588-DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD
589-MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE
590-REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS
591-REGISTRATION BY SUBMITTING TO THE DEPARTMENT
592-:
593-(A) A
594-N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,
595-WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND
596-EACH YEAR THEREAFTER
597-; AND
598-(B) EVIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED
599-THIRD
600--PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR
601-THEREAFTER
602-.
603-(II) T
604-HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE
605-HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION
606-(5)
607-IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE
608-FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE
609-FACILITY
610-, UNLESS EACH SAFE HARBOR HEMP PRODUCT :
611-PAGE 13-SENATE BILL 23-271 (A) IS PHYSICALLY SEPARATED FROM HEMP PRODUCTS DURING THE
612-MANUFACTURE OF
613-, PRODUCTION OF, STORAGE OF, AND DISTRIBUTION OF THE
614-SAFE HARBOR HEMP PRODUCT
615-;
616-(B) I
617-S MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN
618-ACCORDANCE WITH PROCEDURES THAT ARE APPROVED BY THE DEPARTMENT
619-AND THAT ENSURE NO CROSS CONTAMINATION BETWEEN HEMP PRODUCTS
620-AND SAFE HARBOR HEMP PRODUCTS
621-; OR
622-(C) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN
623-ACCORDANCE WITH RULES OF THE DEPARTMENT PROMULGATED IN
624-ACCORDANCE WITH SUBSECTION
625- (3)(e)(III) OF THIS SECTION.
626-(III) T
627-O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE
628-HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCOR DANCE
629-WITH RULES PROMULGATED UNDER SECTION
630-25-5-420 AND SUBSECTION
631-(4)(e) OF THIS SECTION.
632-(d) A
633- REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS SUBJECT
634-TO SUSPENSION OR REVOCATION
635-, IN ACCORDANCE WITH ARTICLE 4 OF TITLE
636-24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES PROMULGATED
637-UNDER THIS PART
638-4.
639-(e) A
640- REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE
641-CIVIL PENALTIES ESTABLISHED IN SUBSECTION
642-(9) OF THIS SECTION.
643-(f) (I) A
644- REGULATED HEMP FACILITY MAY CONTINUE
645-MANUFACTURING
646-, PRODUCING, AND DISTRIBUTING HEMP PRODUCTS AND
647-SAFE HARBOR HEMP PRODUCTS UNTIL THE DEPARTMENT PROMULGATES
648-RULES IMPLEMENTING THIS SUBSECTION
649-(5) IF THE REGULATED HEMP
650-FACILITY COMPLIES WITH THE CURRENTLY APPLICABLE STATUTES AND
651-RULES
652-.
653-(II) T
654-HIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2025.
655-(6) Hemp products not adulterated. A
656- PRODUCT CONTAINING
657-HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED
658-, AS
659-DEFINED IN SECTIONS
660-25-5-410 AND 25-5-416, UNLESS THE PRODUCT MEETS
661-ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN SECTION
662-25-5-410 OR 25-5-416.
663-PAGE 14-SENATE BILL 23-271 (7) Fees deposited in fund. T HE DEPARTMENT SHALL TRANSMIT
664-FEES COLLECTED IN ACCORDANCE WITH SUBSECTION
665-(5) OF THIS SECTION TO
666-THE STATE TREASURER
667-, WHO SHALL CREDIT THE FEES TO THE WHOLESALE
668-FOOD MANUFACTURING AND STORAGE PROTECTION CASH FUND ESTABLISHED
669-IN SECTION
670-25-5-426 (5).
671-(8) Offenses. I
672-T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY CAUSE
673-A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS
674-:
675-(a) M
676-ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR
677-OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING
678-CANNABINOIDS OR POTENTIALLY INTOXICATING CANNABINOIDS IN EXCESS
679-OF LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION
637+ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR7
638+OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING8
639+CANNABINOIDS OR POTENTIALLY INTOXICATING
640+CANNABINOIDS IN EXCESS9
641+OF LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION10
680642 (3)(e)
681-OF THIS SECTION OR SECTION 25-5-420;
643+OF THIS SECTION OR SECTION 25-5-420;11
682644 (b) M
683-ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT A
684-COSMETIC
685-, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN HERB;
645+ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT12
646+A COSMETIC, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN13
647+HERB;14
686648 (c) M
687-ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
688-HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WITHOUT
689-REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION
690-;
649+ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR15
650+HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WIT HOUT16
651+REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;
652+17
691653 (d) M
692654 ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
693-HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT
694-WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION
695-;
696-(e) (I) S
697-ELLING A HEMP PRODUCT TO AN INDIVIDUAL WHO IS UNDER
698-TWENTY
699--ONE YEARS OF AGE IF THE HEMP PRODUCT :
700-(A) H
701-AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
702-PER SERVING; OR
703-(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY
704-TO ONE
705-.
655+18
656+HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT19
657+WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION ;20
658+(e) (I) SELLING A HEMP PRODUCT IN A PACKAGE WITH MORE THAN21
659+FIVE SERVINGS OR SELLING A HEMP PRODUCT TO AN INDIVIDUAL WHO IS22
660+UNDER TWENTY-ONE YEARS OF AGE IF, IN EITHER ACT, THE HEMP23
661+PRODUCT:24
662+(A) HAS MORE THAN ONE AND ONE-FOURTH MILIGRAMS OF THC25
663+PER SERVING; OR26
664+(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY27
665+271
666+-18- TO ONE.1
667+(II) THIS SUBSECTION (8)(e) DOES NOT APPLY TO:2
668+(A) PRODUCTS WITH NO THC;3
669+(B) TINCTURES;4
670+(C) COSMETICS; OR5
671+(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG6
672+ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE7
673+UNDER THE "FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.8
674+301 ET SEQ.9
675+ 10
676+(9) Penalties. A
677+ PERSON WHO VIOLATES THIS SECTION, THE RULES11
678+PROMULGATED UNDER THIS SECTION , OR A FINAL CEASE-AND-DESIST12
679+ORDER OR CLEAN-UP ORDER UNDER SUBSECTION
680+(3)(i) OF THIS SECTION IS13
681+SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS14
682+PER DAY PER VIOLATION . THE DEPARTMENT OR THE COURT SHALL15
683+TRANSMIT EACH CIVIL PENALTY COLLECTED UNDER THIS SUBSECTION (9)16
684+TO THE STATE TREASURER , WHO SHALL CREDIT THE PENALTY TO THE17
685+WHOLESALE FOOD MANUFACTURING AND STORAGE PROTECTION CASH18
686+FUND ESTABLISHED IN SECTION 25-5-426 (5). IN DETERMINING THE19
687+AMOUNT OF A CIVIL PENALTY UNDER THIS SUBSECTION (9), THE20
688+DEPARTMENT OR THE COURT SHALL CONSIDER THE FOLLOWING FACTORS :21
689+(a) T
690+HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;22
691+(b) T
692+HE VIOLATOR'S COMPLIANCE HISTORY;23
693+(c) W
694+HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR24
695+NEGLIGENT;25
696+(d) T
697+HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR26
698+ENVIRONMENT AS A RESULT OF THE VIOLATION ;27
699+271
700+-19- (e) THE DURATION OF THE VIOLATION; AND1
701+(f) A
702+NY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A2
703+RESULT OF THE VIOLATION.3
704+(10) Inspections and monitoring - rules. (a) F
705+OR THE PURPOSE4
706+OF ENFORCEMENT OF THIS SECTION , THE DEPARTMENT MAY CONDUCT5
707+INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH6
708+SECTION 25-5-421.7
709+(b) U
710+NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT8
711+CREATED UNDER ARTICLE 1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND9
712+COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES10
713+OR PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE11
714+MANUFACTURED FOR DISTRIBUTION , PRODUCED FOR DISTRIBUTION ,12
715+PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED13
716+FOR DISTRIBUTION, TREATED FOR DISTRIBUTION , TRANSPORTED FOR14
717+DISTRIBUTION, OR HELD FOR DISTRIBUTION.15
718+(c) T
719+HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING16
720+MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN17
721+ACCORDANCE WITH GOOD MANUFACTURING PRACTICES . THE RULES MAY18
722+INCLUDE INVENTORY TRACKING , SURVEILLANCE, AND RECORD-KEEPING19
723+REQUIREMENTS.20
724+SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal21
725+(21) and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as22
726+follows:23
727+44-10-103. Definitions - rules. As used in this article 10, unless24
728+the context otherwise requires:25
729+(17.5) "H
730+EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION26
731+25-5-427 (2)(d).27
732+271
733+-20- (21) "Industrial hemp" means a plant of the genus cannabis and1
734+any part of the plant, whether growing or not, containing a delta-92
735+tetrahydrocannabinol concentration of no more than three-tenths of one3
736+percent on a dry weight basis.4
737+(22) "Industrial hemp product" means a finished product5
738+containing industrial hemp that:6
739+(a) Is a cosmetic, food, food additive, or herb;7
740+(b) Is for human use or consumption;8
741+(c) Contains any part of the hemp plant, including naturally9
742+occurring cannabinoids, compounds, concentrates, extracts, isolates,10
743+resins, or derivatives; and11
744+(d) Contains a delta-9 tetrahydrocannabinol concentration of no12
745+more than three-tenths of one percent on a dry weight basis.13
746+(22.5) "I
747+NTOXICATING CANNABINOID " MEANS A CANNABINOID14
748+THAT IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION15
749+44-10-208
750+ OR BY THE STATE LICENSING AUTHORITY BY RULE , IN16
751+COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND17
752+ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF18
753+THIS SECTION.19
754+(42.5) "N
755+ONINTOXICATING CANNABINOID " MEANS A CANNABINOID20
756+THAT IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN SECTION21
757+44-10-208
758+ OR BY THE STATE LICENSING AUTHORITY BY RULE , IN22
759+COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND23
760+ENVIRONMENT, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF24
761+THIS SECTION.25
762+(42.6) "N
763+OVEL CANNABINOID" MEANS ANY CANNABINOID THAT26
764+HAS NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A27
765+271
766+-21- SAFETY PROFILE AND INTOXICATION PROFILE .1
767+(48.5) (a) "P
768+OTENTIALLY INTOXICATING
769+CANNABINOID" MEANS:2
770+(I) A
771+ NOVEL CANNABINOID; AND3
772+(II) A
773+ CANNABINOID THAT IS NOT A PHYTOCANNABINOID .4
774+(b) "P
775+OTENTIALLY INTOXICATING
776+CANNABINOID" DOES NOT5
777+INCLUDE:6
778+(I) N
779+ONINTOXICATING CANNABINOIDS ; OR7
780+(II) C
781+ANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY8
782+DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP9
783+EXTRACT.10
784+SECTION 4. In Colorado Revised Statutes, add 44-10-207 and11
785+44-10-208 as follows:12
786+44-10-207. Feasibility study - standing committee - report -13
787+definition - repeal. (1) (a) O
788+N OR BEFORE JULY 1, 2024, THE EXECUTIVE14
789+DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT15
790+ANALYZING THE FEASIBILITY OF ESTABLISHING A STANDING COMMITTEE16
791+TO EVALUATE CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS FOR THE17
792+PURPOSE OF DETERMINING AND M AKING RECOMMENDATIONS REGARDING18
793+THEIR SAFETY PROFILES AND POTENTIAL FOR INTOXICATION . THE REPORT19
794+MUST CONSIDER AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE20
795+FOLLOWING SUBJECTS:21
796+(I) T
797+HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE22
798+INVOLVED IN, AND THEIR ROLE IN, THE EVALUATION PROCESS;23
706799 (II) T
707-HIS SUBSECTION (8)(e) DOES NOT APPLY TO:
800+HE ABILITY OF A STANDING COMMITTEE TO DETERMINE24
801+SAFETY PROFILES OF CANNABINOIDS AND CANNABIS -DERIVED PRODUCTS,25
802+INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE26
803+SUCH A DETERMINATION;27
804+271
805+-22- (III) THE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE1
806+POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS -DERIVED2
807+PRODUCTS, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE3
808+WOULD MAKE SUCH A DETERMINATION ;4
809+(IV) R
810+ECOMMENDATIONS AS TO MEMBERS OF A STANDING5
811+COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A6
812+STANDING COMMITTEE;7
813+(V) R
814+ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR8
815+IMPLEMENTATION OF A STANDING COMMITTEE ; AND9
816+(VI) T
817+HE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO10
818+IMPLEMENT AND ADMINISTER A STANDING COMMITTEE .11
819+(b) T
820+O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION12
821+(1)(a)
822+OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,13
823+INCLUDING:14
824+(I) T
825+HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION15
826+25-1-105
827+ OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;16
828+(II) T
829+HE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE17
830+TOXICOLOGIST;18
831+(III) A
832+N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND19
833+CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS ;20
834+(IV) A
835+ CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF21
836+ADMINISTRATION OF RELEVANT PRODUCTS ;22
837+(V) A
838+ MEDICAL TOXICOLOGIST; AND23
839+(VI) A
840+ PHARMACOLOGIST WITH EXPERTISE IN DRUG24
841+DEVELOPMENT.25
842+(2) A
843+S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE26
844+DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY27
845+271
846+-23- OFFICE, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH1
847+AND ENVIRONMENT.2
848+(3) T
849+HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.3
850+44-10-208. Classes of marijuana-derived cannabinoids and4
851+compounds - definitions - privileges - prohibitions - rule-making -5
852+rules. (1) Legislative declaration. T
853+HE GENERAL ASSEMBLY FINDS AND6
854+DECLARES THAT:7
855+(a) T
856+HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY8
857+INTOXICATING
858+CANNABINOIDS AND INTOXICATING CANNABINOIDS , AND9
859+THE REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING10
860+CANNABINOIDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED ,11
861+PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES12
862+PROMULGATED UNDER THIS ARTICLE 10:13
863+(I) I
864+S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND14
865+(II) W
866+ILL BENEFIT CONSUMERS BY ENSURING THAT THE15
867+MANUFACTURE, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED16
868+POTENTIALLY INTOXICATING
869+CANNABINOIDS AND INTOXICATING17
870+CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC18
871+HEALTH; AND19
872+(b) T
873+HE TAXATION OF MARIJUANA -DERIVED POTENTIALLY20
874+INTOXICATING
875+CANNABINOIDS AND INTOXICATING CANNABINOIDS MUST21
876+BE ADDRESSED TO ENSURE BOTH COMPLIANCE WITH COLORADO VOTERS'22
877+INTENT AND EQUITABLE ECONOMIC TREATMENT .23
878+(2) Definitions . A
879+S USED IN THIS SECTION, UNLESS THE CONTEXT24
880+OTHERWISE REQUIRES:25
881+(a) "H
882+EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-10126
883+(7).27
884+271
885+-24- (b) (I) "SEMI-SYNTHETIC CANNABINOID " MEANS A SUBSTANCE1
886+THAT IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE2
887+CANNABINOID EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A3
888+DIFFERENT CANNABINOID.4
889+(II) "S
890+EMI-SYNTHETIC CANNABINOID" INCLUDES CANNABINOIDS,5
891+SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF6
892+CANNABIDIOL.7
893+(III) "S
894+EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE8
895+CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY9
896+OCCURRING ACIDIC FORMS OF CANNABINOIDS , SUCH AS10
897+TETRAHYDROCANNABI NOLIC ACID , INTO THE CORRESPONDING NEUTRAL11
898+CANNABINOID, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,12
899+WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT13
900+RESULTS IN NO OTHER CHEMICAL CHANGE .14
901+(c) (I) "S
902+YNTHETIC CANNABINOID" MEANS A CANNABINOID-LIKE15
903+COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS ,16
904+CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION , INCLUDING BY17
905+USING IN-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A18
906+METHOD.19
907+(II) "S
908+YNTHETIC CANNABINOID" DOES NOT INCLUDE:20
909+(A) A
910+ COMPOUND PRODUCED THROUGH THE DECARBOXYLATION21
911+OF NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS ; OR22
912+(B) A
913+ SEMI-SYNTHETIC CANNABINOID.23
914+(d) (I) "T
915+ETRAHYDROCANNABINOL " OR "THC" MEANS THE24
916+SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE25
917+RESINOUS EXTRACTS OF THE CANNABIS SPECIES , OR A CARBOXYLIC ACID26
918+OF, DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER27
919+271
920+-25- OF THESE SUBSTANCES.1
921+(II) "T
922+ETRAHYDROCANNABINOL " OR "THC" INCLUDES:2
923+(A) D
924+ELTA-10 THC AND ITS ISOMERS;3
925+(B) D
926+ELTA-9 THC AND ITS ISOMERS;4
927+(C) D
928+ELTA-8 THC AND ITS ISOMERS;5
929+(D) D
930+ELTA-7 THC AND ITS ISOMERS;6
931+(E) D
932+ELTA-6a, 10a THC AND ITS ISOMERS; AND7
933+(F) E
934+XO-TETRAHYDROCANNABINOL ;8
935+(III) "T
936+ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:9
708937 (A) P
709-RODUCTS WITH NO THC;
710-(B) T
711-INCTURES;
712-PAGE 15-SENATE BILL 23-271 (C) COSMETICS; OR
713-(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
714-ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
715-UNDER THE
716-"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
717-301
718- ET SEQ.
719-(f) (I) S
720-ELLING A HEMP PRODUCT IN A PAC KAGE WITH MORE THAN
721-FIVE SERVINGS IF THE HEMP PRODUCT
722-:
723-(A) H
724-AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
725-PER SERVING; AND
726-(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY
727-TO ONE
728-.
729-(II) T
730-HIS SUBSECTION (8)(f) DOES NOT APPLY TO:
731-(A) P
732-RODUCTS WITH NO THC;
733-(B) T
734-INCTURES;
938+RODUCTS OF ANY OF THE COMPOUNDS LISTED IN10
939+SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR11
940+(B) M
941+ETABOLITES OF ANY OF THE COMPOUNDS LISTED IN12
942+SUBSECTIONS (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.13
943+(3) Classification of marijuana-derived compounds and14
944+cannabinoids - rules. (a) M
945+ARIJUANA-DERIVED COMPOUNDS AND15
946+CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS :16
947+(I) N
948+ONINTOXICATING CANNABINOIDS ;17
949+(II) P
950+OTENTIALLY INTOXICATING
951+CANNABINOIDS; AND18
952+(III) I
953+NTOXICATING CANNABINOIDS .19
954+(b) (I) N
955+ONINTOXICATING CANNABINOIDS INCLUDE :20
956+(A) F
957+ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE21
958+THAN ONE AND THREE-FOURTHS
959+ MILLIGRAMS OF THC PER SERVING AND22
960+CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL23
961+TO FIFTEEN TO ONE;24
962+(B) B
963+ROAD SPECTRUM HEMP EXTRACT ;25
735964 (C) C
736-OSMETICS; OR
737-(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
738-ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
739-UNDER THE
740-"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
741-301
742- ET SEQ.
743-(g) (I) S
744-ELLING A HEMP PRODUCT IN A PACKAGE WITH MORE THAN
745-THIRTY SERVINGS IF THE HEMP PRODUCT
746-:
747-(A) H
748-AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
749-PER SERVING; AND
750-(B) HAS A RATIO OF CANNABIDIOL TO THC OF TWENTY TO ONE OR
751-MORE
752-.
753-(II) T
754-HIS SUBSECTION (8)(f) DOES NOT APPLY TO:
755-PAGE 16-SENATE BILL 23-271 (A) PRODUCTS WITH NO THC;
756-(B) T
757-INCTURES;
758-(C) C
759-OSMETICS; OR
760-(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
761-ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
762-UNDER THE
763-"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
764-301
765- ET SEQ.
766-(9) Penalties. A
767- PERSON WHO VIOLATES THIS SECTION, THE RULES
768-PROMULGATED UNDER THIS SECTION
769-, OR A FINAL CEASE-AND-DESIST ORDER
770-OR CLEAN
771--UP ORDER UNDER SUBSECTION (3)(i) OF THIS SECTION IS SUBJECT
772-TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER DAY
773-PER VIOLATION
774-. THE DEPARTMENT OR THE COURT SHALL TRANSMIT EACH
775-CIVIL PENALTY COLLECTED UNDER THIS SUBSECTION
776-(9) TO THE STATE
777-TREASURER
778-, WHO SHALL CREDIT THE PENALTY TO THE WHOLESALE FOOD
779-MANUFACTURING AND STORAGE PROTECTION CASH FUND ESTABLISHED IN
780-SECTION
781-25-5-426 (5). IN DETERMINING THE AMOUNT OF A CIVIL PENALTY
782-UNDER THIS SUBSECTION
783-(9), THE DEPARTMENT OR THE COURT SHALL
784-CONSIDER THE FOLLOWING FACTORS
785-:
786-(a) T
787-HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;
788-(b) T
789-HE VIOLATOR'S COMPLIANCE HISTORY;
790-(c) W
791-HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR
792-NEGLIGENT
793-;
965+ANNABIDIOL, ALSO KNOWN AS "CBD";26
794966 (D) T
795-HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR
796-ENVIRONMENT AS A RESULT OF THE VIOLATION
797-;
798-(e) T
799-HE DURATION OF THE VIOLATION; AND
800-(f) ANY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A
801-RESULT OF THE VIOLATION
802-.
803-(10) Inspections and monitoring - rules. (a) F
804-OR THE PURPOSE OF
805-ENFORCEMENT OF THIS SECTION
806-, THE DEPARTMENT MAY CONDUCT
807-PAGE 17-SENATE BILL 23-271 INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH
808-SECTION
809-25-5-421.
810-(b) U
811-NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT
812-CREATED UNDER ARTICLE
813-1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND
814-COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES OR
815-PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE
816-MANUFACTURED FOR DISTRIBUTION
817-, PRODUCED FOR DISTRIBUTION ,
818-PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED FOR
819-DISTRIBUTION
820-, TREATED FOR DISTRIBUTION , TRANSPORTED FOR
821-DISTRIBUTION
822-, OR HELD FOR DISTRIBUTION.
823-(c) T
824-HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING
825-MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN
826-ACCORDANCE WITH GOOD MANUFACTURING PRACTICES
827-. THE RULES MAY
828-INCLUDE INVENTORY TRACKING
829-, SURVEILLANCE, AND RECORD-KEEPING
830-REQUIREMENTS
831-.
832-SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal (21)
833-and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as follows:
834-44-10-103. Definitions - rules. As used in this article 10, unless the
835-context otherwise requires:
836-(17.5) "H
837-EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION
838-25-5-427 (2)(d).
839-(21) "Industrial hemp" means a plant of the genus cannabis and any
840-part of the plant, whether growing or not, containing a delta-9
841-tetrahydrocannabinol concentration of no more than three-tenths of one
842-percent on a dry weight basis.
843-(22) "Industrial hemp product" means a finished product containing
844-industrial hemp that:
845-(a) Is a cosmetic, food, food additive, or herb;
846-(b) Is for human use or consumption;
847-(c) Contains any part of the hemp plant, including naturally
848-PAGE 18-SENATE BILL 23-271 occurring cannabinoids, compounds, concentrates, extracts, isolates, resins,
849-or derivatives; and
850-(d) Contains a delta-9 tetrahydrocannabinol concentration of no
851-more than three-tenths of one percent on a dry weight basis.
852-(22.5) "INTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
853-IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION
854-44-10-209 OR
855-BY THE STATE LICENSING AUTHORITY BY RULE
856-, IN COORDINATION WITH THE
857-DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
858-, IN ACCORDANCE WITH
859-SUBSECTIONS
860- (3)(f) AND (3)(g) OF THIS SECTION.
861-(42.5) "N
862-ONINTOXICATING CANNABINOID " MEANS A CANNABINOID
863-THAT IS CLASSIFIED AS A NONINTOXICATING C ANNABINOID IN SECTION
864-44-10-209 OR BY THE STATE LICENSING AUTHORITY BY RULE , IN
865-COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
866-ENVIRONMENT
867-, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF
868-THIS SECTION
869-.
870-(42.6) "N
871-OVEL CANNABINOID" MEANS ANY CANNABINOID THAT HAS
872-NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A SAFETY
873-PROFILE AND INTOXICATION PROFILE
874-.
875-(48.5) (a) "P
876-OTENTIALLY INTOXICATING CANNABINOID " MEANS:
877-(I) A
878- NOVEL CANNABINOID; AND
879-(II) A CANNABINOID THAT IS NOT A PHYTOCANNABINOID .
880-(b) "P
881-OTENTIALLY INTOXICATING CANNABINOID " DOES NOT
882-INCLUDE
883-:
884-(I) N
885-ONINTOXICATING CANNABINOIDS ; OR
886-(II) CANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY
887-DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP
888-EXTRACT
889-.
890-SECTION 4. In Colorado Revised Statutes, add 44-10-208 and
891-44-10-209 as follows:
892-PAGE 19-SENATE BILL 23-271 44-10-208. Feasibility study - standing committee - report -
893-definition - repeal. (1) (a) O
894-N OR BEFORE JULY 1, 2024, THE EXECUTIVE
895-DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT ANALYZING
896-THE FEASIBILITY OF ESTABLISHING A STANDING COMMI TTEE TO EVALUATE
897-CANNABINOIDS AND CANNABIS
898--DERIVED PRODUCTS FOR THE PURPOSE OF
899-DETERMINING AND MAKING RECOMMENDATIONS REGARDING THEIR SAFETY
900-PROFILES AND POTENTIAL FOR INTOXICATION
901-. THE REPORT MUST CONSIDER
902-AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE FOLLOWING
903-SUBJECTS
904-:
905-(I) T
906-HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE INVOLVED
907-IN
908-, AND THEIR ROLE IN, THE EVALUATION PROCESS;
909-(II) T
910-HE ABILITY OF A STANDING COMMITTEE TO DETERMINE SAFETY
911-PROFILES OF CANNABINOIDS AND CANNABIS
912--DERIVED PRODUCTS, INCLUDING
913-THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE SUCH A
914-DETERMINATION
915-;
916-(III) T
917-HE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE
918-POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS
919--DERIVED
920-PRODUCTS
921-, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE
922-WOULD MAKE SUCH A DETERMINATION
923-;
924-(IV) R
925-ECOMMENDATIONS AS TO MEMBERS OF A STANDING
926-COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A
927-STANDING COMMITTEE
928-;
929-(V) R
930-ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR
931-IMPLEMENTATION OF A STANDING COMMITTEE
932-; AND
933-(VI) THE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO
934-IMPLEMENT AND ADMINISTER A STANDING COMMITTEE
935-.
936-(b) T
937-O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION
938-(1)(a) OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,
939-INCLUDING:
940-(I) T
941-HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION
942-25-1-105 OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;
943-PAGE 20-SENATE BILL 23-271 (II) THE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE
944-TOXICOLOGIST
945-;
946-(III) A
947-N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND
948-CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS
949-;
950-(IV) A
951- CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF
952-ADMINISTRATION OF RELEVANT PRODUCTS
953-;
954-(V) A
955- MEDICAL TOXICOLOGIST; AND
956-(VI) A PHARMACOLOGIST WITH EXPERTISE IN DRUG DEVELOPMENT .
957-(2) A
958-S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE
959-DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY
960-OFFICE
961-, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH
962-AND ENVIRONMENT
963-.
964-(3) T
965-HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
966-44-10-209. Classes of marijuana-derived cannabinoids and
967-compounds - definitions - privileges - prohibitions - rule-making - rules.
968-(1) Legislative declaration. T
969-HE GENERAL ASSEMBLY FINDS AND
970-DECLARES THAT
971-:
972-(a) T
973-HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY
974-INTOXICATING CANNABINOIDS AND INTOXICATING CANNABINOIDS
975-, AND THE
976-REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING
977-CANNABINOIDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED
978-,
979-PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES
980-PROMULGATED UNDER THIS ARTICLE
981-10:
982-(I) I
983-S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND
984-(II) WILL BENEFIT CONSUMERS BY ENSURING THAT THE
985-MANUFACTURE
986-, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED
987-POTENTIALLY INTOXICATING CANNABINOIDS AND INTOXICATING
988-CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC
989-HEALTH
990-; AND
991-PAGE 21-SENATE BILL 23-271 (b) THE TAXATION OF MARIJUANA -DERIVED POTENTIALLY
992-INTOXICATING CANNABINOIDS AND INTOXICATING CANNABINOIDS MUST BE
993-ADDRESSED TO ENSURE BOTH COMPLIANCE WITH
994-COLORADO VOTERS' INTENT
995-AND EQUITABLE ECONOMIC TREATMENT
996-.
997-(2) Definitions . A
998-S USED IN THIS SECTION, UNLESS THE CONTEXT
999-OTHERWISE REQUIRES
1000-:
1001-(a) "H
1002-EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-101 (7).
1003-(b) (I) "S
1004-EMI-SYNTHETIC CANNABINOID" MEANS A SUBSTANCE THAT
1005-IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE CANNABINOID
1006-EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A DIFFERENT
1007-CANNABINOID
1008-.
1009-(II) "S
1010-EMI-SYNTHETIC CANNABINOID " INCLUDES CANNABINOIDS,
1011-SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF
1012-CANNABIDIOL
1013-.
1014-(III) "S
1015-EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE
1016-CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY
1017-OCCURRING ACIDIC FORMS OF CANNABINOIDS
1018-, SUCH AS
1019-TETRAHYDROCANNABI NOLIC ACID
1020-, INTO THE CORRESPONDING NEUTRAL
1021-CANNABINOID
1022-, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,
1023-WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT
1024-RESULTS IN NO OTHER CHEMICAL CHANGE
1025-.
1026-(c) (I) "S
1027-YNTHETIC CANNABINOID" MEANS A CANNABINOID -LIKE
1028-COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS
1029-,
1030-CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION, INCLUDING BY USING
1031-IN
1032--VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A METHOD .
1033-(II) "S
1034-YNTHETIC CANNABINOID" DOES NOT INCLUDE:
1035-(A) A
1036- COMPOUND PRODUCED THROUGH THE DECARBOXYLATION OF
1037-NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS
1038-; OR
1039-(B) A SEMI-SYNTHETIC CANNABINOID.
1040-(d) (I) "T
1041-ETRAHYDROCANNABINOL " OR "THC" MEANS THE
1042-PAGE 22-SENATE BILL 23-271 SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE RESINOUS
1043-EXTRACTS OF THE CANNABIS SPECIES
1044-, OR A CARBOXYLIC ACID OF ,
1045-DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER OF
1046-THESE SUBSTANCES
1047-.
1048-(II) "T
1049-ETRAHYDROCANNABINOL " OR "THC" INCLUDES:
1050-(A) D
1051-ELTA-10 THC AND ITS ISOMERS;
1052-(B) D
1053-ELTA-9 THC AND ITS ISOMERS;
1054-(C) D
1055-ELTA-8 THC AND ITS ISOMERS;
1056-(D) D
1057-ELTA-7 THC AND ITS ISOMERS;
1058-(E) D
1059-ELTA-6a, 10a THC AND ITS ISOMERS; AND
1060-(F) EXO-TETRAHYDROCANNABINOL ;
1061-(III) "T
1062-ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:
1063-(A) P
1064-RODUCTS OF ANY OF THE COMPOUNDS LISTED IN SUBSECTIONS
1065-(2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR
1066-(B) METABOLITES OF ANY OF THE COMPOUNDS LISTED IN
1067-SUBSECTIONS
1068- (2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.
1069-(3) Classification of marijuana-derived compounds and
1070-cannabinoids - rules. (a) M
1071-ARIJUANA-DERIVED COMPOUNDS AND
1072-CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS
1073-:
1074-(I) N
1075-ONINTOXICATING CANNABINOIDS ;
1076-(II) P
1077-OTENTIALLY INTOXICATING CANNABINOIDS ; AND
1078-(III) INTOXICATING CANNABINOIDS .
1079-(b) (I) N
1080-ONINTOXICATING CANNABINOIDS INCLUDE :
1081-(A) F
1082-ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE THAN
1083-PAGE 23-SENATE BILL 23-271 ONE AND THREE-FOURTHS MILLIGRAMS OF THC PER SERVING AND CONTAINS
1084-A RATIO OF CANNABIDIOL TO
1085-THC OF GREATER THAN OR EQUAL TO FIFTEEN
1086-TO ONE
1087-;
1088-(B) B
1089-ROAD SPECTRUM HEMP EXTRACT ;
1090-(C) C
1091-ANNABIDIOL, ALSO KNOWN AS "CBD";
1092-(D) T
1093-ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";
1094-(E) C
1095-ANNABICHROMENE, ALSO KNOWN AS "CBC";
967+ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";27
968+271
969+-26- (E) CANNABICHROMENE, ALSO KNOWN AS "CBC";1
1096970 (F) C
1097-ANNABICITRAN, ALSO KNOWN AS "CBT";
971+ANNABICITRAN, ALSO KNOWN AS "CBT";2
1098972 (G) C
1099-ANNABICYCLOL, ALSO KNOWN AS "CBL";
973+ANNABICYCLOL, ALSO KNOWN AS "CBL";3
1100974 (H) C
1101-ANNABIELSOIN, ALSO KNOWN AS "CBE";
975+ANNABIELSOIN, ALSO KNOWN AS "CBE";4
1102976 (I) C
1103-ANNABIGEROL, ALSO KNOWN AS "CBG";
977+ANNABIGEROL, ALSO KNOWN AS "CBG";5
1104978 (J) C
1105-ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND
1106-(K) CANNABINOL, ALSO KNOWN AS "CBN".
979+ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND6
980+(K) C
981+ANNABINOL, ALSO KNOWN AS "CBN".7
1107982 (II) (A) N
1108-ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM
1109-HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A
1110-FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION
1111-25-5-427 AND THE
1112-RULES PROMULGATED UNDER PART
1113-4 OF ARTICLE 5 OF TITLE 25 OR IN
1114-ACCORDANCE WITH THIS ARTICLE
1115-10 AND ANY RULES PROMULGATED UNDER
1116-THIS ARTICLE
1117-10.
983+ONINTOXICATING CANNABINOIDS THAT ARE DERIVED8
984+FROM HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS9
985+A FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION 25-5-427 AND10
986+THE RULES PROMULGATED UNDER PART 4 OF ARTICLE 5 OF TITLE 25 OR IN11
987+ACCORDANCE WITH THIS ARTICLE 10 AND ANY RULES PROMULGATED12
988+UNDER THIS ARTICLE 10.13
1118989 (B) A
1119990 RETAIL MARIJUANA PRODUCT CONTAINING A
1120-MARIJUANA
1121--DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT
1122-IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION
1123-39-28.8-202.
991+14
992+MARIJUANA-DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT15
993+IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH16
994+SECTION 39-28.8-202.17
1124995 (c) (I) A
1125- LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE ,
1126-PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING CANNABINOIDS
1127-THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE
1128-10 AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.
1129-PAGE 24-SENATE BILL 23-271 (II) A RETAIL MARIJUANA PRODUCT CONTAINING A
1130-MARIJUANA
1131--DERIVED POTENTIALLY INTOXICATING CANNABINOID AS AN
1132-INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE
1133-WITH SECTION
1134-39-28.8-202.
996+ LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE,18
997+PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING
998+CANNABINOIDS19
999+THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE20
1000+10
1001+ AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.21
1002+(II) A
1003+ RETAIL MARIJUANA PRODUCT CONTAINING A
1004+22
1005+MARIJUANA-DERIVED POTENTIALLY INTOXICATING CANNABINOID AS AN23
1006+INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE24
1007+WITH SECTION 39-28.8-202.25
11351008 (d) (I) I
1136-NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN AN
1137-AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR
1138-, IF NO RULE
1139-ESTABLISHES THE AMOUNT
1140-, IN ANY AMOUNT:
1009+NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN26
1010+AN AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR , IF NO27
1011+271
1012+-27- RULE ESTABLISHES THE AMOUNT , IN ANY AMOUNT:1
11411013 (A) D
1142-ELTA-10 THC AND ITS ISOMERS;
1014+ELTA-10 THC AND ITS ISOMERS;2
11431015 (B) D
1144-ELTA-9 THC AND ITS ISOMERS;
1016+ELTA-9 THC AND ITS ISOMERS;3
11451017 (C) D
1146-ELTA-8 THC AND ITS ISOMERS;
1018+ELTA-8 THC AND ITS ISOMERS;4
11471019 (D) D
1148-ELTA-7 THC AND ITS ISOMERS;
1020+ELTA-7 THC AND ITS ISOMERS;5
11491021 (E) D
1150-ELTA-6a, 10a THC AND ITS ISOMERS;
1022+ELTA-6a, 10a THC AND ITS ISOMERS;6
11511023 (F) E
1152-XO-TETRAHYDROCANNABINOL ;
1024+XO-TETRAHYDROCANNABINOL ;7
11531025 (G) M
1154-ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,
1026+ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,8
11551027 3-
1156-HYDROXY-THC, OR 7-HYDROXY-THC;
1028+HYDROXY-THC, OR 7-HYDROXY-THC;9
11571029 (H) H
1158-YDROGENATED FORMS OF THC, INCLUDING
1159-HEXAHYDROCANNABINOL
1160-, HEXAHYDROCANNABIPHOROL , AND
1161-HEXAHYDROCANNABIHEXOL
1162-;
1030+YDROGENATED FORMS OF THC, INCLUDING10
1031+HEXAHYDROCANNABINOL , HEXAHYDROC ANNABIPHOROL , AND11
1032+HEXAHYDROCANNABIHEXOL ;12
11631033 (I) S
1164-YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;
1034+YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;13
11651035 (J) E
1166-STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,
1167-DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;
1036+STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,14
1037+DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;15
11681038 (K) V
1169-ARIN FORMS OF THC, INCLUDING DELTA -8
1170-TETRAHYDROCANNABIVARIN BU T EXCLUDING DELTA -9
1171-TETRAHYDROCANNAB IVARIN ;
1039+ARIN FORMS OF THC, INCLUDING DELTA -816
1040+TETRAHYDROCANNABI VARIN BUT EXCLUDING DELTA -917
1041+TETRAHYDROCANNAB IVARIN ;18
11721042 (L) A
1173-NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL
1174-CHAIN OF FOUR OR MORE CARBON ATOMS
1175-, INCLUDING
1176-TETRAHYDROCANNABIPHOROLS
1177-, TETRAHYDROCANNABIOCTYLS ,
1178-PAGE 25-SENATE BILL 23-271 TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND
1179-(M) ANY COMBINATION OF THE COMPOUNDS , INCLUDING
1180-HEXAHYDROCANNABIPHOROL
1181--O-ESTER, LISTED IN THIS SUBSECTION
1182-(3)(d)(I).
1043+NALOGUES OF TETRAHYDROCANNAB INOLS WITH AN ALKYL19
1044+CHAIN OF FOUR OR MORE CARBON ATOMS , INCLUDING20
1045+TETRAHYDROC ANNABIPHOROLS , TETRAHYDROCANNAB IOCTYLS ,21
1046+TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND22
1047+(M) A
1048+NY COMBINATION OF THE COMPOUNDS , INCLUDING23
1049+HEXAHYDROCANNABIPHOROL -O-ESTER, LISTED IN THIS SUBSECTION24
1050+(3)(d)(I).25
11831051 (II) (A) A
1184- PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN
1185-INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN
1186-INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED
1187-REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE
1188-10
1189-AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.
1052+ PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN26
1053+INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN27
1054+271
1055+-28- INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED1
1056+REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE 102
1057+AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.3
11901058 (B) A
11911059 RETAIL MARIJUANA PRODUCT CONTAINING A
1192-MARIJUANA
1193--DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS
1194-SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION
1195-39-28.8-202.
1060+4
1061+MARIJUANA-DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS5
1062+SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCOR DANCE WITH SECTION6
1063+39-28.8-202.7
11961064 (e) (I) A
1197- PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR
1198-OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A
1199-SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE
1200-. IF SYNTHETIC
1201-CANNABINOIDS ARE PERMITTED BY RULE
1202-, THE STATE LICENSING AUTHORITY,
1203-IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
1204-ENVIRONMENT
1205-, SHALL PROMULGATE RULES PROVIDING STANDARDS AND
1206-REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF SYNTHETIC
1207-CANNABINOIDS IN
1208-COLORADO. THE RULES MUST INCLUDE A REQUIREMENT
1209-THAT MARIJUANA
1210--DERIVED PRODUCTS M ANUFACTURED OR PRODUCED IN
1211-COLORADO THAT CONTAIN A SEMI-SYNTHETIC OR SYNTHETIC CANNABINOID
1212-AS AN INGREDIENT ARE LABELED IN ACCORDANCE WITH RULES
1213-PROMULGATED PURSUANT TO THIS ARTICLE
1214-10.
1065+ PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR8
1066+OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A9
1067+SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE . IF SYNTHETIC10
1068+CANNABINOIDS ARE PERMITTED BY RULE , THE STATE LICENSING11
1069+AUTHORITY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH12
1070+AND ENVIRONMENT, SHALL PROMULGATE RULES PROVIDING STANDARDS13
1071+AND REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF14
1072+SYNTHETIC CANNABINOIDS IN COLORADO. THE RULES MUST INCLUDE A15
1073+REQUIREMENT THAT MARIJUANA -DERIVED PRODUCTS MANUFACTURED OR16
1074+PRODUCED IN COLORADO THAT CONTAIN A SEMI -SYNTHETIC OR17
1075+SYNTHETIC CANNABINOID AS AN INGREDIENT ARE LABELED IN18
1076+ACCORDANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE 10.19
12151077 (II) T
1216-HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES
1217-THAT ARE NECESSARY FOR THE FAIR
1218-, IMPARTIAL, AND COMPREHENSIVE
1219-ADMINISTRATION OF THIS SECTION
1220-.
1078+HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES20
1079+THAT ARE NECESSARY FOR THE FAIR , IMPARTIAL, AND COMPREHENSIVE21
1080+ADMINISTRATION OF THIS SECTION.22
12211081 (III) A
1222- PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES
1223-SEMI
1224--SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,
1225-TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE
1226-STATE LICENSING AUTHORITY
1227-.
1082+ PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES23
1083+SEMI-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,24
1084+TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE25
1085+STATE LICENSING AUTHORITY.26
12281086 (f) T
1229-HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE
1230-PAGE 26-SENATE BILL 23-271 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE
1231-RULES TO
1232-:
1087+HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE27
1088+271
1089+-29- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE1
1090+RULES TO:2
12331091 (I) C
1234-LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID
1235-THAT IS NOT CLASSIFIED IN THIS SUBSECTION
1236-(3);
1092+LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID3
1093+THAT IS NOT CLASSIFIED IN THIS SUBSECTION (3);
1094+4
12371095 (II) R
1238-ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR
1239-CANNABINOID CLASSIFIED IN THIS SUBSECTION
1240-(3) IF:
1096+ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR5
1097+CANNABINOID CLASSIFIED IN THIS SUBSECTION (3) IF:6
12411098 (A) T
1242-HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED A
1243-PROCESS TO REVIEW AND APPROVE MARIJUANA
1244--DERIVED COMPOUNDS OR
1245-CANNABINOIDS
1246-;
1099+HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED7
1100+A PROCESS TO REVIEW AND APPROVE MARIJUANA -DERIVED COMPOUNDS8
1101+OR CANNABINOIDS;9
12471102 (B) T
1248-HE REVIEW AND APPROVAL PROCESS DESCRIBED IN SUBSECTION
1249-(3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING POTENTIAL OF
1250-THE MARIJUANA
1251--DERIVED COMPOUND OR CANNABINOID ; AND
1252-(C) THE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE
1253-PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS
1254- (3)(f)(II)(A) AND
1255-(3)(f)(II)(B) OF THIS SECTION.
1256-(g) T
1257-O RECLASSIFY A MARIJUANA -DERIVED COMPOUND OR
1258-CANNABINOID
1259-, UNDER SUBSECTION (3)(f) OF THIS SECTION, THE
1260-RECLASSIFICATION MUST
1261-:
1262-(I) B
1263-E SUPPORTED BY PEER- REVIEWED RESEARCH OR CLINICAL
1264-TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC CERTAINTY
1265-THAT THE MARIJUANA
1266--DERIVED COMPOUND OR CANNABINOID OR A PR ODUCT
1267-CONTAINING A MARIJUANA
1268--DERIVED COMPOUND OR CANNABINOID SHOULD
1269-BE RECLASSIFIED
1270-; OR
1271-(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING
1272-SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT
1273-REPORTS
1274-.
1275-(4) Rules. I
1276-N ADDITION TO ANY POWERS LISTED IN THIS SECTION, THE
1277-STATE LICENSING AUTHORITY MAY PROMULGATE RULES
1278-:
1279-(a) N
1280-ECESSARY TO AUTHORIZE OR PROHIBIT CHEMICAL
1281-MODIFICATION
1282-, CONVERSION, OR SYNTHETIC DERIVATION OF CANNABINOIDS
1283-PAGE 27-SENATE BILL 23-271 OR MARIJUANA-DERIVED COMPOUNDS, UNLESS OTHERWISE PERMITTED BY
1284-THIS ARTICLE
1285-10 AND THE RULES PROMULGATED UNDER THIS ARTICLE 10; OR
1286-(b) AUTHORIZING, PROHIBITING , OR REGULATING
1287-MARIJUANA
1288--DERIVED INGREDIENTS IN MEDICAL OR RETAIL MARIJUANA
1289-PRODUCTS THAT ARE COMPOUNDS OTHER THAN CANNABINOIDS
1290-.
1291-SECTION 5. In Colorado Revised Statutes, 44-10-502, amend (7)
1292-as follows:
1293-44-10-502. Medical marijuana cultivation facility license - rules
1294-- definitions. (7) (a) A medical marijuana cultivation facility shall only
1295-obtain medical marijuana seeds or immature plants from its own medical
1296-marijuana, commonly owned from the retail marijuana of an identical direct
1297-beneficial owner, or marijuana that is properly transferred from another
1298-medical marijuana business pursuant to the inventory tracking requirements
1299-imposed by rule. IN ACCORDANCE WITH THE RULES PROMULGATED BY THE
1300-STATE LICENSING AUTHORITY
1301-, A MEDICAL MARIJUANA CULTIVATION
1302-FACILITY MAY OBTAIN IMMATURE PLANTS
1303-, MARIJUANA SEEDS , AND
1304-MARIJUANA GENETIC MATERIAL
1305-, AS GENETIC MATERIAL IS DEFINED IN RULE
1306-OF THE STATE LICENSING AUTHORITY
1307-, FROM:
1308-(I) A
1309-NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
1310-FACILITY
1311-;
1312-(II) A
1313- RETAIL MARIJUANA TESTING FACILITY;
1314-(III) A
1315-N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
1316-ANOTHER JURISDICTION
1317-; OR
1318-(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
1319-LICENSING AUTHORITY
1320-.
1321-(b) (I) T
1322-HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
1323-ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO TRANSFER
1324-IMMATURE PLANTS
1325-, MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL,
1326-AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING
1327-AUTHORITY
1328-, FROM:
1103+HE REVIEW AND APPROVAL PROCESS DESCRIBED IN10
1104+SUBSECTION (3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING11
1105+POTENTIAL OF THE MARIJUANA -DERIVED COMPOUND OR CANNABINOID ;12
1106+AND13
1107+(C) T
1108+HE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE14
1109+PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS (3)(f)(II)(A) AND15
1110+(3)(f)(II)(B)
1111+OF THIS
1112+SECTION.16
1113+(g) TO RECLASSIFY A MARIJUANA -DERIVED COMPOUND OR17
1114+CANNABINOID, UNDER SUBSECTION (3)(f) OF THIS SECTION, THE18
1115+RECLASSIFICATION MUST:19
1116+(I) BE SUPPORTED BY PEER- REVIEWED RESEARCH OR CLINICAL20
1117+TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC21
1118+CERTAINTY THAT THE MARIJUANA-DERIVED COMPOUND OR CANNABINOID22
1119+OR A PRODUCT CONTAINING A MARIJUANA-DERIVED COMPOUND OR23
1120+CANNABINOID SHOULD BE RECLASSIFIED ; OR24
1121+(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING25
1122+SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT26
1123+REPORTS.27
1124+271
1125+-30- (4) Rules. IN ADDITION TO ANY POWERS LISTED IN THIS SECTION ,1
1126+THE STATE LICENSING AUTHORITY MAY PROMULGATE RULES:2
1127+(a) NECESSARY TO AUTHORIZE OR PROHIBIT CHEMICAL3
1128+MODIFICATION, CONVERSION, OR SYNTHETIC DERIVATION OF4
1129+CANNABINOIDS OR MARIJUANA -DERIVED COMPOUNDS, UNLESS OTHERWISE5
1130+PERMITTED BY THIS ARTICLE 10 AND THE RULES PROMULGATED UNDER6
1131+THIS ARTICLE 10; OR7
1132+(b) AUTHORIZING, PROHIBITING, OR REGULATING8
1133+MARIJUANA-DERIVED INGREDIENTS IN MEDICAL OR RETAIL MARIJUANA9
1134+PRODUCTS THAT ARE COMPOUNDS OTHER THAN CANNABINOIDS .10
1135+ 11
1136+SECTION 5. In Colorado Revised Statutes, 44-10-502, amend12
1137+(7) as follows:13
1138+44-10-502. Medical marijuana cultivation facility license -14
1139+rules - definitions. (7) (a) A medical marijuana cultivation facility shall15
1140+only obtain medical marijuana seeds or immature plants from its own16
1141+medical marijuana, commonly owned from the retail marijuana of an17
1142+identical direct beneficial owner, or marijuana that is properly transferred18
1143+from another medical marijuana business pursuant to the inventory19
1144+tracking requirements imposed by rule. IN ACCORDANCE WITH THE RULES20
1145+PROMULGATED BY THE STATE LICENSING AUTHORITY, A MEDICAL21
1146+MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,22
1147+MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC23
1148+MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY,24
1149+FROM:25
1150+(I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION26
1151+FACILITY;27
1152+271
1153+-31- (II) A RETAIL MARIJUANA TESTING FACILITY;1
1154+(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE2
1155+IN ANOTHER JURISDICTION; OR3
1156+(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE4
1157+LICENSING AUTHORITY.5
1158+(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE6
1159+RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO7
1160+TRANSFER IMMATURE PLANTS, MARIJUANA SEEDS, AND MARIJUANA8
1161+GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE9
1162+STATE LICENSING AUTHORITY, FROM:10
1163+(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION11
1164+FACILITY;12
1165+(B) A RETAIL MARIJUANA TESTING FACILITY;13
1166+(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE14
1167+IN ANOTHER JURISDICTION; OR15
1168+(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE16
1169+LICENSING AUTHORITY.17
1170+(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (7)(b)18
1171+MUST INCLUDE INVENTORY TRACKING , REPORTING , AND19
1172+RECORDING-KEEPING REQUIREMENTS.20
1173+SECTION 6. In Colorado Revised Statutes, 44-10-503, add21
1174+(1)(c) as follows:22
1175+44-10-503. Medical marijuana products manufacturer license23
1176+- rules - definition. (1) (c) A
1177+ PERSON MUST BE LICENSED AS A MEDICAL24
1178+MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE25
1179+AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING26
1180+CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM MEDICAL27
1181+271
1182+-32- MARIJUANA TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL1
1183+MARIJUANA PRODUCT.2
1184+ 3
1185+SECTION 7. In Colorado Revised Statutes, 44-10-602, amend4
1186+(12) as follows:5
1187+44-10-602. Retail marijuana cultivation facility license - rules6
1188+- definitions. (12) (a) A retail marijuana cultivation facility shall only7
1189+obtain retail marijuana seeds or immature plants from its own retail8
1190+marijuana, commonly owned from the medical marijuana of an identical9
1191+direct beneficial owner, or marijuana that is properly transferred from10
1192+another retail marijuana business pursuant to the inventory tracking11
1193+requirements imposed by rule. IN ACCORDANCE WITH THE RULES12
1194+PROMULGATED BY THE STATE LICENSING AUTHORITY , A RETAIL13
1195+MARIJUANA CULTIVATION FACILITY MAY OBTAIN IMMATURE PLANTS ,14
1196+MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL, AS GENETIC15
1197+MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING AUTHORITY ,16
1198+FROM:17
1199+(I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION18
1200+FACILITY;19
1201+(II) A RETAIL MARIJUANA TESTING FACILITY;20
1202+(III) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE21
1203+IN ANOTHER JURISDICTION; OR22
1204+(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE23
1205+LICENSING AUTHORITY.24
1206+(b) (I) THE STATE LICENSING AUTHORITY SHALL PROMULGATE25
1207+RULES ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO26
1208+TRANSFER IMMATURE PLANTS, MARIJUANA SEEDS, AND MARIJUANA27
1209+271
1210+-33- GENETIC MATERIAL, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE1
1211+STATE LICENSING AUTHORITY, FROM:2
1212+(A) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION3
1213+FACILITY;4
1214+(B) A RETAIL MARIJUANA TESTING FACILITY;5
1215+(C) AN ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE6
1216+IN ANOTHER JURISDICTION; OR7
1217+(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE8
1218+LICENSING AUTHORITY.9
1219+(II) THE RULES PROMULGATED UNDER THIS SUBSECTION (12)(b)10
1220+MUST INCLUDE INVENTORY TRACKING , REPORTING , AND11
1221+RECORDING-KEEPING REQUIREMENTS.12
1222+SECTION 8. In Colorado Revised Statutes, 44-10-603, add (1)(f)13
1223+as follows:14
1224+44-10-603. Retail marijuana products manufacturer license -15
1225+rules - definition. (1) (f) A
1226+ PERSON MUST BE LICENSED AS A RETAIL16
1227+MARIJUANA PRODUCTS MANUFACTURER , INCLUDING PAYING THE LICENSE17
1228+AND APPLICATION FEES, TO MANUFACTURE POTENTIALLY INTOXICATING18
1229+CANNABINOIDS OR INTOXICATING C ANNABINOIDS FROM RETAIL19
1230+MARIJUANA TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL20
1231+MARIJUANA PRODUCTS IN ACCORDANCE WITH THIS ARTICLE 10.21
1232+SECTION 9. In Colorado Revised Statutes, 6-1-725, amend (1)22
1233+as follows:23
1234+6-1-725. Synthetic cannabinoids - incense - deceptive trade24
1235+practice. (1) E
1236+XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR25
1237+ARTICLE 4 OF TITLE 25, it is unlawful for any person or entity to distribute,26
1238+dispense, manufacture, display for sale, offer for sale, attempt to sell, or27
1239+271
1240+-34- sell to a purchaser any product that contains any amount of any synthetic1
1241+cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.2
1242+SECTION 10. In Colorado Revised Statutes, 18-18-406.1,3
1243+amend (1) as follows:4
1244+18-18-406.1. Unlawful use or possession of synthetic5
1245+cannabinoids or salvia divinorum. (1) On and after January 1, 20126
1246+E
1247+XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it7
1248+is unlawful for any person to use or possess any amount of any synthetic8
1249+cannabinoid or salvia divinorum.9
1250+SECTION
1251+11. In Colorado Revised Statutes, 18-18-406.2,10
1252+amend (1) introductory portion as follows:11
1253+18-18-406.2. Unlawful distribution, manufacturing,12
1254+dispensing, sale, or cultivation of synthetic cannabinoids or salvia13
1255+divinorum. (1) E
1256+XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE14
1257+10
1258+ OF TITLE 44, it is unlawful for any person knowingly to:15
1259+SECTION
1260+12. In Colorado Revised Statutes, 30-15-401, amend16
1261+(1.7) as follows:17
1262+30-15-401. General regulations - definitions. (1.7) In addition18
1263+to any other powers, a board of county commissioners may charge a fee19
1264+for a local license and adopt resolutions or ordinances to establish20
1265+requirements on businesses engaged in the storage, extraction, processing,21
1266+or manufacturing of industrial hemp, as defined in section 35-61-101 (7),22
1267+or industrial hemp products, as defined in section 25-5-426 (2)(g.5)23
1268+25-5-427 (2)(d). A county shall not impose additional food production24
1269+regulations on industrial hemp processors or HEMP products if the25
1270+regulations conflict with state law.26
1271+SECTION 13. In Colorado Revised Statutes, 31-15-501, amend27
1272+271
1273+-35- (1)(r) as follows:1
1274+31-15-501. Powers to regulate businesses. (1) The governing2
1275+bodies of municipalities have the following powers to regulate3
1276+businesses:4
1277+(r) To charge a fee for a local license and establish licensing5
1278+requirements on businesses engaged in the storage, extraction, processing,6
1279+or manufacturing of industrial hemp, as defined in section 35-61-101 (7),7
1280+or industrial hemp products, as defined in section 25-5-426 (2)(g.5)8
1281+25-5-427 (2)(d). A municipality shall not impose additional food9
1282+production regulations on industrial hemp processors or HEMP products10
1283+if the regulations conflict with state law.11
1284+SECTION 14. In Colorado Revised Statutes, 39-28.8-101,12
1285+amend (4) and (7) as follows:13
1286+39-28.8-101. Definitions. Unless the context otherwise requires,14
1287+any terms not defined in this article 28.8 have the meanings set forth in15
1288+article 26 of this title 39. As used in this article 28.8, unless the context16
1289+otherwise requires:17
1290+(4) "Industrial "Hemp" means the plant of the genus cannabis and18
1291+any part of such plant, whether growing or not, with a delta-919
1292+tetrahydrocannabinol concentration that does not exceed three-tenths20
1293+percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION21
1294+35-61-101
1295+ (7).
1296+22
1297+(7) (a) (I) "Retail marijuana" means all parts of the plant of the23
1298+genus cannabis whether growing or not, the seeds thereof OF THE PLANT,24
1299+the resin extracted from any part of the plant, and every compound,25
1300+manufacture, salt, derivative, mixture, or preparation of the plant, its26
1301+seeds, or its resin, including marijuana concentrate;27
1302+271
1303+-36- (II) "RETAIL MARIJUANA" INCLUDES: 1
13291304 (A) A
1330-NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
1331-PAGE 28-SENATE BILL 23-271 FACILITY;
1305+ NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION2
1306+44-10-103
1307+ (42.5), PRODUCED FROM RETAIL MARIJUANA ;
1308+3
13321309 (B) A
1333- RETAIL MARIJUANA TESTING FACILITY;
1310+ POTENTIALLY INTOXICATING
1311+CANNABINOID, AS DEFINED IN4
1312+SECTION 44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND5
13341313 (C) A
1335-N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
1336-ANOTHER JURISDICTION
1337-; OR
1338-(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
1339-LICENSING AUTHORITY
1340-.
1341-(II) T
1342-HE RULES PROMULGATED UNDER THIS SUBSECTION (7)(b) MUST
1343-INCLUDE INVENTORY TRACKING
1344-, REPORTING, AND RECORDING-KEEPING
1345-REQUIREMENTS
1346-.
1347-SECTION 6. In Colorado Revised Statutes, 44-10-503, add (1)(c)
1348-as follows:
1349-44-10-503. Medical marijuana products manufacturer license -
1350-rules - definition. (1) (c) A
1351- PERSON MUST BE LICENSED AS A MEDICAL
1352-MARIJUANA PRODUCTS MANUFACTURER
1353-, INCLUDING PAYING THE LICENSE
1354-AND APPLICATION FEES
1355-, TO MANUFACTURE POTENTIALLY INTOXICATING
1356-CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM MEDICAL
1357-MARIJUANA TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL
1358-MARIJUANA PRODUCT
1359-.
1360-SECTION 7. In Colorado Revised Statutes, 44-10-602, amend (12)
1361-as follows:
1362-44-10-602. Retail marijuana cultivation facility license - rules -
1363-definitions. (12) (a) A retail marijuana cultivation facility shall only obtain
1364-retail marijuana seeds or immature plants from its own retail marijuana,
1365-commonly owned from the medical marijuana of an identical direct
1366-beneficial owner, or marijuana that is properly transferred from another
1367-retail marijuana business pursuant to the inventory tracking requirements
1368-imposed by rule. IN ACCORDANCE WITH THE RULES PROMULGATED BY THE
1369-STATE LICENSING AUTHORITY
1370-, A RETAIL MARIJUANA CULTIVATION FACILITY
1371-MAY OBTAIN IMMATURE PLANTS
1372-, MARIJUANA SEEDS, AND MARIJUANA
1373-GENETIC MATERIAL
1374-, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE
1375-LICENSING AUTHORITY
1376-, FROM:
1377-PAGE 29-SENATE BILL 23-271 (I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
1378-FACILITY
1379-;
1380-(II) A
1381- RETAIL MARIJUANA TESTING FACILITY;
1382-(III) A
1383-N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
1384-ANOTHER JURISDICTION
1385-; OR
1386-(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
1387-LICENSING AUTHORITY
1388-.
1389-(b) (I) T
1390-HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
1391-ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO TRANSFER
1392-IMMATURE PLANTS
1393-, MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL,
1394-AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING
1395-AUTHORITY
1396-, FROM:
1397-(A) A
1398-NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
1399-FACILITY
1400-;
1401-(B) A
1402- RETAIL MARIJUANA TESTING FACILITY;
1403-(C) A
1404-N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
1405-ANOTHER JURISDICTION
1406-; OR
1407-(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
1408-LICENSING AUTHORITY
1409-.
1410-(II) T
1411-HE RULES PROMULGATED UNDER THIS SUBSECTION (12)(b)
1412-MUST INCLUDE INVENTORY TRACKING , REPORTING , AND
1413-RECORDING
1414--KEEPING REQUIREMENTS.
1415-SECTION 8. In Colorado Revised Statutes, 44-10-603, add (1)(f)
1416-as follows:
1417-44-10-603. Retail marijuana products manufacturer license -
1418-rules - definition. (1) (f) A
1419- PERSON MUST BE LICENSED AS A RETAIL
1420-MARIJUANA PRODUCTS MANUFACTURER
1421-, INCLUDING PAYING THE LICENSE
1422-AND APPLICATION FEES
1423-, TO MANUFACTURE POTENTIALLY INTOXICATING
1424-CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM RETAIL MARIJUANA
1425-PAGE 30-SENATE BILL 23-271 TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL MARIJUANA
1426-PRODUCTS IN ACCORDANCE WITH THIS ARTICLE
1427-10.
1428-SECTION 9. In Colorado Revised Statutes, 6-1-725, amend (1) as
1429-follows:
1430-6-1-725. Synthetic cannabinoids - incense - deceptive trade
1431-practice. (1) E
1432-XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR
1433-ARTICLE
1434-4 OF TITLE 25, it is unlawful for any person or entity to distribute,
1435-dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell
1436-to a purchaser any product that contains any amount of any synthetic
1437-cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.
1438-SECTION 10. In Colorado Revised Statutes, 18-18-406.1, amend
1439-(1) as follows:
1440-18-18-406.1. Unlawful use or possession of synthetic
1441-cannabinoids or salvia divinorum. (1) On and after January 1, 2012
1442-EXCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it is
1443-unlawful for any person to use or possess any amount of any synthetic
1444-cannabinoid or salvia divinorum.
1445-SECTION 11. In Colorado Revised Statutes, 18-18-406.2, amend
1446-(1) introductory portion as follows:
1447-18-18-406.2. Unlawful distribution, manufacturing, dispensing,
1448-sale, or cultivation of synthetic cannabinoids or salvia divinorum.
1449-(1) E
1450-XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44,
1451-it is unlawful for any person knowingly to:
1452-SECTION 12. In Colorado Revised Statutes, 30-15-401, amend
1453-(1.7) as follows:
1454-30-15-401. General regulations - definitions. (1.7) In addition to
1455-any other powers, a board of county commissioners may charge a fee for a
1456-local license and adopt resolutions or ordinances to establish requirements
1457-on businesses engaged in the storage, extraction, processing, or
1458-manufacturing of industrial hemp, as defined in section 35-61-101 (7), or
1459-industrial
1460- hemp products, as defined in section 25-5-426 (2)(g.5) 25-5-427
1461-(2)(d). A county shall not impose additional food production regulations on
1462-PAGE 31-SENATE BILL 23-271 industrial hemp processors or HEMP products if the regulations conflict with
1463-state law.
1464-SECTION 13. In Colorado Revised Statutes, 31-15-501, amend
1465-(1)(r) as follows:
1466-31-15-501. Powers to regulate businesses. (1) The governing
1467-bodies of municipalities have the following powers to regulate businesses:
1468-(r) To charge a fee for a local license and establish licensing
1469-requirements on businesses engaged in the storage, extraction, processing,
1470-or manufacturing of industrial hemp, as defined in section 35-61-101 (7),
1471-or industrial
1472- hemp products, as defined in section 25-5-426 (2)(g.5)
1473-25-5-427 (2)(d). A municipality shall not impose additional food production
1474-regulations on industrial hemp processors or HEMP products if the
1475-regulations conflict with state law.
1476-SECTION 14. In Colorado Revised Statutes, 39-28.8-101, amend
1477-(4) and (7) as follows:
1478-39-28.8-101. Definitions. Unless the context otherwise requires, any
1479-terms not defined in this article 28.8 have the meanings set forth in article
1480-26 of this title 39. As used in this article 28.8, unless the context otherwise
1481-requires:
1482-(4) "Industrial
1483- "Hemp" means the plant of the genus cannabis and
1484-any part of such plant, whether growing or not, with a delta-9
1485-tetrahydrocannabinol concentration that does not exceed three-tenths
1486-percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION
1487-35-61-101 (7).
1488-(7) (a) (I) "Retail marijuana" means all parts of the plant of the
1489-genus cannabis whether growing or not, the seeds thereof OF THE PLANT, the
1490-resin extracted from any part of the plant, and every compound,
1491-manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
1492-or its resin, including marijuana concentrate;
1493-(II) "R
1494-ETAIL MARIJUANA" INCLUDES:
1495-(A) A
1496- NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION
1497-PAGE 32-SENATE BILL 23-271 44-10-103 (42.5), PRODUCED FROM RETAIL MARIJUANA ;
1498-(B) A
1499- POTENTIALLY INTOXICATING CANNABINOID , AS DEFINED IN
1500-SECTION
1501-44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND
1502-(C) AN INTOXICATING CANNABINOID , AS DEFINED IN SECTION
1503-44-10-103 (22.5), PRODUCED FROM RETAIL MARIJUANA .
1504-(b) "Retail marijuana" does not include industrial
1505- hemp, nor does it
1506-include fiber produced from the stalks, oil, cake made from the seeds of the
1507-plant, sterilized seed of the plant that is incapable of germination, or the
1508-weight of any other ingredient combined with marijuana to prepare topical
1509-or oral administrations, food, drink, or other product.
1510-SECTION 15. In Colorado Revised Statutes, 39-28.8-501, amend
1511-(2)(b)(IV)(I) as follows:
1512-39-28.8-501. Marijuana tax cash fund - creation - distribution
1513-- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation in
1514-subsection (5) of this section, the general assembly may annually
1515-appropriate any money in the fund for the following purposes:
1516-(I) To research, regulate, study, and test industrial
1517- hemp or hemp
1518-seeds;
1519-SECTION 16. Appropriation. (1) For the 2023-24 state fiscal
1520-year, $1,574,061 is appropriated to the department of public health and
1521-environment. This appropriation consists of $1,168,485 from the general
1522-fund and $405,576 from the wholesale food manufacturing and storage
1523-protection cash fund created in section 25-5-426 (5), C.R.S. To implement
1524-this act, the department may use this appropriation as follows:
1525-(a) $787,821 from the general fund for administration and support
1526-related to disease control and public health response, which amount is based
1527-on an assumption that the department will require an additional 1.9 FTE. Of
1528-this amount, $212,532 is further appropriated to the department for the
1529-2024-25 state fiscal year for the same purpose;
1530-(b) $405,576 from the wholesale food manufacturing and storage
1531-protection cash fund for environmental health programs, which amount is
1532-PAGE 33-SENATE BILL 23-271 based on an assumption that the department will require an additional 3.5
1533-FTE; and
1534-(c) $380,664 from the general fund for the purchase of legal
1535-services.
1536-(2) Any money appropriated in subsection (1)(c) of this section not
1537-expended prior to July 1, 2024, is further appropriated to the department for
1538-the 2024-25 state fiscal year for the same purpose.
1539-(3) For the 2023-24 state fiscal year, $295,024 is appropriated to the
1540-marijuana cash fund created in section 44-10-801 (1)(a), C.R.S. This
1541-appropriation is from the general fund. The department of revenue is
1542-responsible for the accounting related to this appropriation.
1543-(4) For the 2023-24 state fiscal year, $295,024 is appropriated to the
1544-department of revenue. This appropriation is from reappropriated funds in
1545-the marijuana cash fund under subsection (3) of this section. To implement
1546-this act, the department may use the appropriation as follows:
1547-(a) $237,924 for activities related to hemp and marijuana derived
1548-cannabinoids, which amount is based on an assumption that the department
1549-will require an additional 1.5 FTE; and
1550-(b) $57,100 for the purchase of legal services.
1551-(5) Any money appropriated in subsection (4)(a) of this section not
1552-expended prior to July 1, 2024, is further appropriated to the department for
1553-the 2024-25 state fiscal year for the same purpose.
1554-(6) For the 2023-24 state fiscal year, $437,764 is appropriated to the
1555-department of law. This appropriation is from reappropriated funds received
1556-from the departments of public health and environment and revenue under
1557-subsection (1)(c) and (4)(b) of this section and is based on an assumption
1558-that the department of law will require an additional 1.3 FTE. To implement
1559-this act, the department of law may use this appropriation to provide legal
1560-services for the departments of public health and environment and revenue.
1561-(7) Of the amount appropriated in subsection (6) of this section,
1562-$380,664 is further appropriated to the department for the 2024-25 state
1563-PAGE 34-SENATE BILL 23-271 fiscal year to provide legal services to the department of public health and
1564-environment.
1565-SECTION 17. Applicability. This act applies to offenses
1566-committed or conduct occurring on or after the effective date of this act.
1567-SECTION 18. Safety clause. The general assembly hereby finds,
1568-determines, and declares that this act is necessary for the immediate
1569-preservation of the public peace, health, or safety.
1570-____________________________ ____________________________
1571-Steve Fenberg
1572-Julie McCluskie
1573-PRESIDENT OF SPEAKER OF THE HOUSE
1574-THE SENATE OF REPRESENTATIVES
1575-____________________________ ____________________________
1576-Cindi L. Markwell Robin Jones
1577-SECRETARY OF CHIEF CLERK OF THE HOUSE
1578-THE SENATE OF REPRESENTATIVES
1579- APPROVED________________________________________
1580- (Date and Time)
1581- _________________________________________
1582- Jared S. Polis
1583- GOVERNOR OF THE STATE OF COLORADO
1584-PAGE 35-SENATE BILL 23-271
1314+N INTOXICATING CANNABINOID , AS DEFINED IN SECTION6
1315+44-10-103
1316+ (22.5), PRODUCED FROM RETAIL MARIJUANA .
1317+7
1318+(b) "Retail marijuana" does not include industrial hemp, nor does8
1319+it include fiber produced from the stalks, oil, cake made from the seeds9
1320+of the plant, sterilized seed of the plant that is incapable of germination,10
1321+or the weight of any other ingredient combined with marijuana to prepare11
1322+topical or oral administrations, food, drink, or other product.12
1323+SECTION 15. In Colorado Revised Statutes, 39-28.8-501,13
1324+amend (2)(b)(IV)(I) as follows:14
1325+39-28.8-501. Marijuana tax cash fund - creation - distribution15
1326+- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation16
1327+in subsection (5) of this section, the general assembly may annually17
1328+appropriate any money in the fund for the following purposes:18
1329+(I) To research, regulate, study, and test industrial hemp or hemp19
1330+seeds;20
1331+SECTION 16. Appropriation. (1) For the 2023-24 state fiscal21
1332+year, $1,574,061 is appropriated to the department of public health and22
1333+environment. This appropriation consists of $1,168,485 from the general23
1334+fund and $405,576 from the wholesale food manufacturing and storage24
1335+protection cash fund created in section 25-5-426 (5), C.R.S. To25
1336+implement this act, the department may use this appropriation as follows:26
1337+(a) $787,821 from general fund for administration and support27
1338+271
1339+-37- related to disease control and public health response, which amount is1
1340+based on an assumption that the department will require an additional 1.92
1341+FTE. Of this amount, $212,532 is further appropriated to the department3
1342+for the 2024-25 state fiscal year for the same purpose;4
1343+(b) $405,576 from the wholesale food manufacturing and storage5
1344+protection cash fund for environmental health programs, which amount6
1345+is based on an assumption that the department will require an additional7
1346+3.5 FTE; and8
1347+(c) $380,664 from the general fund for the purchase of legal9
1348+services.10
1349+(2) Any money appropriated in subsection (1)(c) of this section11
1350+not expended prior to July 1, 2024, is further appropriated to the12
1351+department for the 2024-25 state fiscal year for the same purpose.13
1352+(3) For the 2023-24 state fiscal year, $295,024 is appropriated to14
1353+the marijuana cash fund created in section 44-10-801 (1)(a), C.R.S. This15
1354+appropriation is from the general fund. The department of revenue is16
1355+responsible for the accounting related to this appropriation.17
1356+(4) For the 2023-24 state fiscal year, $295,024 is appropriated to18
1357+the department of revenue. This appropriation is from reappropriated19
1358+funds in the marijuana cash fund under subsection (3) of this section. To20
1359+implement this act, the department may use the appropriation as follows:21
1360+(a) $237,924 for activities related to hemp and marijuana derived22
1361+cannabinoids, which amount is based on an assumption that the23
1362+department will require an additional 1.5 FTE; and24
1363+(b) $57,100 for the purchase of legal services.25
1364+(5) Any money appropriated in subsection (4)(a) of this section26
1365+not expended prior to July 1, 2024, is further appropriated to the27
1366+271
1367+-38- department for the 2024-25 state fiscal year for the same purpose.1
1368+(6) For the 2023-24 state fiscal year, $437,764 is appropriated to2
1369+the department of law. This appropriation is from reappropriated funds3
1370+received from the departments of public health and environment and4
1371+revenue under subsection (1)(c) and (4)(b) of this section and is based on5
1372+an assumption that the department of law will require an additional 1.36
1373+FTE. To implement this act, the department of law may use this7
1374+appropriation to provide legal services for the departments of public8
1375+health and environment and revenue.9
1376+(7) Of the amount appropriated in subsection (6) of this section,10
1377+$380,664 is further appropriated to the department for the 2024-25 state11
1378+fiscal year to provide legal services to the department of public health and12
1379+environment. 13
1380+SECTION 17. Applicability. This act applies to offenses14
1381+committed or conduct occurring on or after the effective date of this act.15
1382+SECTION 18. Safety clause. The general assembly hereby finds,16
1383+determines, and declares that this act is necessary for the immediate17
1384+preservation of the public peace, health, or safety.18
1385+271
1386+-39-