SENATE BILL 23-271
BY SENATOR(S) Roberts and Van Winkle, Fenberg;
also REPRESENTATIVE(S) deGruy Kennedy and Snyder, Amabile, Bird,
Brown, Titone.
C
ONCERNING THE REGULATION OF COMPOUNDS THAT ARE RELATED TO
CANNABINOIDS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-5-426, amend
(4)(b)(II) and (4)(b)(III); and repeal (2)(g.3), (2)(g.5), (4)(b)(IV), (4)(d),
and (4)(e) as follows:
25-5-426. Wholesale food manufacturing and storage -
definitions - legislative declaration - registration - fees - cash fund.
(2) As used in this section, unless the context otherwise requires:
(g.3) "Industrial hemp" has the meaning set forth in section
35-61-101 (7).
(g.5) "Industrial hemp product" means a finished product containing
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. industrial hemp that:
(I) Is a cosmetic, food, food additive, or herb;
(II) Is for human use or consumption;
(III) Contains any part of the hemp plant, including naturally
occurring cannabinoids, compounds, concentrates, extracts, isolates, resins,
or derivatives; and
(IV) Contains a delta-9 tetrahydrocannabinol concentration of no
more than three-tenths of one percent.
(4) (b) In addition to the application fee a facility is required to pay
pursuant to subsection (4)(a) of this section, the schedule for annual
registration fees for wholesale food manufacturers or storage facilities is as
follows:
(II) Except as provided in subsection (4)(b)(IV) of this section,
A
wholesale food manufacturer or storage facility with gross annual sales of
less than one hundred fifty thousand dollars shall pay the department a
registration fee of sixty dollars.
(III) Except as provided in subsection (4)(b)(IV) of this section,
A
wholesale food manufacturer or storage facility with gross annual sales of
one hundred fifty thousand dollars or more shall pay the department a
registration fee of three hundred dollars.
(IV) A wholesale food manufacturer that produces an industrial
hemp product shall pay the department a registration fee of three hundred
dollars, regardless of its gross annual sales.
(d) Industrial hemp products produced by wholesale food
manufacturing facilities registered in accordance with this subsection (4)
shall not be deemed adulterated, as defined in sections 25-5-410 and
25-5-416, unless the products meet one or more of the criteria set forth in
section 25-5-410 or 25-5-416.
(e) In addition to any powers listed in this section, the department
may promulgate rules to prohibit, within final products made available for
PAGE 2-SENATE BILL 23-271 sale, the chemical modification, conversion, or synthetic derivation of
intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and
delta-10, or other intoxicating tetrahydrocannabinol isomers that originate
from industrial hemp or may be synthetically derived.
SECTION 2. In Colorado Revised Statutes, add 25-5-427 as
follows:
25-5-427. Classes of hemp-derived compounds and cannabinoids
- definitions - registration required - prohibitions - safe harbor - rules
- repeal. (1) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS ,
DETERMINES, AND DECLARES THAT THE REGISTRATION OF HEMP PRODUCT
AND SAFE HARBOR HEMP PRODUCT MANUFACTURERS AND THE REGULATION
OF PREMISES AND PLACES WHERE HEMP PRODUCTS AND SAFE HARBOR HEMP
PRODUCTS ARE MANUFACTURED FOR DISTRIBUTION
, PRODUCED FOR
DISTRIBUTION
, PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION,
PREPARED FOR DISTRIBUTION, TREATED FOR DISTRIBUTION, TRANSPORTED
FOR DISTRIBUTION
, OR HELD FOR DISTRIBUTION IN ACCORDANCE WITH THIS
PART
4 AND ANY RULES PROMULGATED UNDER THIS PART 4:
(a) A
RE NECESSARY TO PROTECT THE PUBLIC HEALTH ;
(b) W
ILL BENEFIT CONSUMERS BY ENSURING THAT HEMP PRODUCTS
ARE SOLD AND DISTRIBUTED BY SAFE SOURCES
;
(c) W
ILL ASSIST RETAILERS BY ENSURING THAT HEMP PRODUCTS
HAVE NOT BEEN ADULTERATED DURING MANUFACTURING
, PRODUCTION,
PACKAGING, PROCESSING, PREPARING, TREATING, TRANSPORTING, AND
STORAGE
; AND
(d) WILL CONTRIBUTE TO THE ECONOMIC HEALTH OF THE STATE BY
ENSURING THAT
COLORADO HEMP PRODUCT AND SAFE HARBOR HEMP
PRODUCT MANUFACTURERS ARE PERMITTED TO SHIP THEIR PRODUCTS IN
INTERSTATE COMMERCE
.
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "D
IETARY SUPPLEMENT" HAS THE MEANING SET FORTH IN
SECTION
25-5-426 (2)(d).
PAGE 3-SENATE BILL 23-271 (b) "HEMP" HAS THE MEANING SET FORTH IN SECTION 35-61-101 (7).
(c) "H
EMP MANUFACTURER OR STORAGE FACILITY " MEANS A
FACILITY WHERE HEMP PRODUCTS ARE MANUFACTURED OR STORED
.
(d) "H
EMP PRODUCT" MEANS A FINISHED PRODUCT THAT CONTAINS
HEMP AND THAT
:
(I) I
S A COSMETIC, A DIETARY SUPPLEMENT , A FOOD, A FOOD
ADDITIVE
, OR AN HERB;
(II) I
S INTENDED FOR HUMAN USE OR CONSUMPTION ;
(III) C
ONTAINS ANY PART OF THE HEMP PLANT , INCLUDING
NATURALLY OCCURRING CANNABINOIDS
, COMPOUNDS, CONCENTRATES,
EXTRACTS, ISOLATES, OR RESINS;
(IV) I
S PRODUCED FROM HEMP;
(V) C
ONTAINS NO MORE THAN ONE AND THREE -FOURTHS
MILLIGRAMS OF
THC PER SERVING; AND
(VI) CONTAINS A RATIO OF CANNABIDIOL TO THC OF GREATER THAN
OR EQUAL TO FIFTEEN TO ONE
.
(e) "I
NTOXICATING CANNABINOID " MEANS A CANNABINOID THAT IS
CLASSIFIED AS AN INTOXICATING CANNABINOID IN THIS SECTION OR BY RULE
OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE LICENSING
AUTHORITY
, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND (4)(h) OF THIS
SECTION
.
(f) "M
ANUFACTURING OR PROCESSING ", "MANUFACTURING",
"
MANUFACTURE", "PROCESS", OR "PROCESSING" HAS THE SAME MEANING AS
"MANUFACTURING OR PROCESSING ", AS SET FORTH IN SECTION 25-5-426
(2)(h).
(g) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
IS CLASSIFIED AS A NONINTOXICATING CANNABINOID IN THIS SECTION OR BY
RULE OF THE DEPARTMENT ACTING IN COORDINATION WITH THE STATE
LICENSING AUTHORITY
, IN ACCORDANCE WITH SUBSECTIONS (4)(g) AND
PAGE 4-SENATE BILL 23-271 (4)(h) OF THIS SECTION.
(h) "P
HYSICAL SEPARATION" MEANS SEGREGATION OF THE
OPERATIONS OF A REGULATED HEMP FACILITY
:
(I) I
NCLUDING THE PHYSICAL SEPARATION OF HEMP PRODUCTS AND
SAFE HARBOR HEMP PRODUCTS DURING MANUFACTURE
, PRODUCTION,
STORAGE, AND DISTRIBUTION; AND
(II) THE USE OF SEPARATE EQUIPMENT FOR THE MANUFACTURE OR
PRODUCTION OF HEMP PRODUCTS AND SAFE HARBOR HEMP PRODUCTS
.
(i) "P
OTENTIALLY INTOXICATING CANNABINOID " HAS THE MEANING
SET FORTH IN SECTION
44-10-103 (48.5).
(j) "R
EGISTRANT" MEANS A PERSON REGISTERED UNDER SUBSECTION
(5) OF THIS SECTION.
(k) "R
EGULATED HEMP FACILITY" MEANS:
(I) A
HEMP MANUFACTURER OR STORAGE FACILITY ; OR
(II) A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY .
(l) "S
AFE HARBOR HEMP PRODUCT " MEANS A HEMP-DERIVED
COMPOUND OR CANNABINOID
, WHETHER A FINISHED PRODUCT OR IN THE
PROCESS OF BEING PRODUCED
, THAT IS PERMITTED TO BE MANUFACTURED
FOR DISTRIBUTION
, PRODUCED FOR DISTRIBUTION , PACKAGED FOR
DISTRIBUTION
, PROCESSED FOR DISTRIBUTION, PREPARED FOR DISTRIBUTION,
TREATED FOR DISTRIBUTION, TRANSPORTED FOR DISTRIBUTION, OR HELD FOR
DISTRIBUTION IN
COLORADO FOR EXPORT FROM COLORADO BUT THAT IS NOT
PERMITTED TO BE SOLD OR DISTRIBUTED IN
COLORADO.
(m) "S
AFE HARBOR MANUFACTURER OR STORAGE FACILITY " OR
"SAFE HARBOR FACILITY" MEANS A FACILITY THAT MANUFACTURES FOR
DISTRIBUTION
, PRODUCES FOR DISTRIBUTION, PACKAGES FOR DISTRIBUTION,
PROCESSES FOR DISTRIBUTION, PREPARES FOR DISTRIBUTION, TREATS FOR
DISTRIBUTION
, TRANSPORTS FOR DISTRIBUTION, OR HOLDS FOR DISTRIBUTION
A SAFE HARBOR HEMP PRODUCT
.
PAGE 5-SENATE BILL 23-271 (n) "SEMI-SYNTHETIC CANNABINOID" HAS THE MEANING SET FORTH
IN SECTION
44-10-209 (2)(b).
(o) "S
ERVING" MEANS THE SIZE OR PORTION CUSTOMARILY
CONSUMED PER EATING OCCASION
, EXPRESSED IN A COMMON HOUSEHOLD
MEASURE AS ESTABLISHED IN TABLE
2 OF 21 CFR 101.12.
(p) "S
TATE LICENSING AUTHORITY" HAS THE MEANING SET FORTH IN
SECTION
44-10-103 (69).
(q) "S
YNTHETIC CANNABINOID" HAS THE MEANING SET FORTH IN
SECTION
44-10-209 (2)(c).
(r) "T
ETRAHYDROCANNABINOL " OR "THC" HAS THE MEANING SET
FORTH IN SECTION
44-10-209 (2)(d).
(s) "T
INCTURE" MEANS A LIQUID HEMP PRODUCT THAT IS PACKAGED
IN A CONTAINER OF FOUR FLUID OUNCES OR LESS
, THAT IS NOT A BEVERAGE
OR INTENDED FOR DRINKING
, AND THAT CONSISTS OF A SOLUTION:
(I) C
ONTAINING AT LEAST TWENTY-FIVE PERCENT NON-DENATURED
ALCOHOL OR A BASE OF GLYCERIN OR PLANT
-BASED OIL;
(II) C
ONTAINING HEMP, HEMP CONCENTRATE, OR HEMP EXTRACT;
AND
(III) INTENDED FOR HUMAN USE .
(3) Powers and duties of the department - rules. T
HE
DEPARTMENT HAS THE POWER AND DUTY TO
:
(a) G
RANT OR DENY A REGISTRATION ISSUED UNDER SUBSECTION (5)
OF THIS SECTION AND TO GRANT OR DENY THE ANNUAL RENEWAL OF A
REGISTRATION
;
(b) S
USPEND, DENY, OR REVOKE A REGISTRATION UNDER
CIRCUMSTANCES PRESCRIBED IN THIS SECTION OR IN RULES PROMULGATED
UNDER THIS SECTION
;
(c) R
EVIEW ANY RECORDS OF A REGISTRANT THAT MANUFACTURES
PAGE 6-SENATE BILL 23-271 FOR DISTRIBUTION, PRODUCES FOR DISTRIBUTION , PACKAGES FOR
DISTRIBUTION
, PROCESSES FOR DISTRIBUTION, PREPARES FOR DISTRIBUTION,
TREATS FOR DISTRIBUTION, TRANSPORTS FOR DISTRIBUTION, OR HOLDS FOR
DISTRIBUTION PRODUCTS SUBJECT TO THIS SECTION AS NECESSARY TO
VERIFY COMPLIANCE WITH THIS SECTION
;
(d) P
ROMULGATE RULES NECESSARY TO AUTHORIZE OR PROHIBIT
CHEMICAL MODIFICATION
, CONVERSION, OR SYNTHETIC DERIVATION OF
CANNABINOIDS OR OTHER HEMP
-DERIVED COMPOUNDS, UNLESS OTHERWISE
PERMITTED BY THIS PART
4 OR BY ANY RULES PROMULGATED UNDER THIS
PART
4;
(e) (I) P
ROMULGATE RULES, IN COORDINATION WITH THE STATE
LICENSING AUTHORITY
, ESTABLISHING THE AMOUNT OF ANY CANNABINOID
THAT MAKES THE CANNABINOID INTOXICATING
;
(II) P
ROMULGATE RULES IMPLEMENTING SUBSECTION (8) OF THIS
SECTION
;
(III) I
F NECESSARY, PROMULGATE RULES CREATING A PROCESS TO
PREVENT CROSS CONTAMINATION BETWEEN HEMP PRODUCTS AND SAFE
HARBOR HEMP PRODUCTS AND SPECIFYING A SET OF REQUIREMENTS FOR
:
(A) T
HE CO-LOCATION OF THE MANUFACTURE OF , PRODUCTION OF,
STORAGE OF, AND DISTRIBUTION OF HEMP PR ODUCTS AND SAFE HARBOR
HEMP PRODUCTS
; AND
(B) THE USE OF THE SAME EQUIPMENT FOR THE PRODUCTION OF SAFE
HARBOR HEMP PRODUCTS AND HEMP PRODUCTS
;
(IV) P
ROMULGATE RULES PROHIBITING THE EXPORT OF A SAFE
HARBOR HEMP PRODUCT TO A STATE WHERE THE SAFE HARBOR HEMP
PRODUCT IS PROHIBITED BY STATE STATUTE
; AND
(V) PROMULGATE RULES PROHIBITING THE MANUFACTURE ,
PRODUCTION, OR DISTRIBUTION OF A SAFE HARBOR PRODUCT THAT IS ALSO
A SYNTHETIC CANNABINOID
;
(f) P
ROMULGATE RULES GOVERNING TESTING AND LABELING , AS
PROVIDED IN SUBSECTIONS
(4)(c)(II) AND (4)(d)(III) OF THIS SECTION. IN
PAGE 7-SENATE BILL 23-271 PROMULGATING THE LABELING FOR HEMP PRODUCTS , THE DEPARTMENT
SHALL CONSIDER
:
(I) T
HE LABELING RULES PROMULGATED BY THE STATE LICENSING
AUTHORITY GOVERNING PRODUCTS WITH
THC;
(II) H
OW BEST TO INFORM CONSUMERS OF THE RATIO OF
CANNABIDIOL TO
THC, INCLUDING A DIFFERENTIATION BETWEEN PRODUCT
LABELS BASED ON THE RATIO OF
CBD TO THC; AND
(III) INFORMATION ON POTENTIAL HEALTH EFFECTS OF USING HEMP
PRODUCTS AND REQUIREMENTS FOR CONSUMER NOTICE AS REQUIRED IN
SUBSECTION
(4)(f) OF THIS SECTION.
(g) P
ROMULGATE RULES AUTHORIZING , PROHIBITING, OR
REGULATING HEMP
-DERIVED INGREDIENTS IN HEMP PRODUCTS THAT ARE
COMPOUNDS OTHER THAN CANNABINOIDS
;
(h) P
ROMULGATE ANY OTHER RULES THAT ARE NECESSARY FOR THE
FAIR
, IMPARTIAL, AND COMPREHENSIVE ADMINISTRATION OF THIS PART 4
WITH RESPECT TO HEMP , HEMP PRODUCTS, OR SAFE HARBOR HEMP
PRODUCTS
; AND
(i) ISSUE A CEASE-AND-DESIST ORDER OR CLEAN-UP ORDER TO
ADDRESS VIOLATIONS OF THIS SECTION
.
(4) Classifications of hemp-derived compounds and
cannabinoids - rules. (a) H
EMP-DERIVED COMPOUNDS AND CANNABINOIDS
ARE DIVIDED INTO THREE CLASSIFICATIONS
:
(I) N
ONINTOXICATING CANNABINOIDS ;
(II) P
OTENTIALLY INTOXICATING CANNABINOIDS ; AND
(III) INTOXICATING CANNABINOIDS .
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE THAN
ONE AND THREE
-FOURTHS MILLIGRAMS OF THC PER SERVING AND CONTAINS
PAGE 8-SENATE BILL 23-271 A RATIO OF CANNABIDIOL TO THC OF GREATER THAN OR EQUAL TO FIFTEEN
TO ONE
;
(B) B
ROAD SPECTRUM HEMP EXTRACT ;
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND
(K) CANNABINOL, ALSO KNOWN AS "CBN".
(II) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A
FINISHED HEMP PRODUCT IN ACCORDANCE WITH THIS SECTION AND THE
RULES PROMULGATED UNDER THIS PART
4 OR IN ACCORDANCE WITH ARTICLE
10 OF TITLE 44 AND THE RULES PROMULGATED UNDER ARTICLE 10 OF TITLE
44.
(c) (I) A
PERSON SHALL NOT:
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE A POTENTIALLY
INTOXICATING CANNABINOID WITHIN
COLORADO, AS AN INGREDIENT IN A
HEMP PRODUCT OR AS A FINISHED HEMP PRODUCT
, UNLESS THE POTENTIALLY
INTOXICATING CANNABINOID IS A SAFE HARBOR HEMP PRODUCT THAT IS
EXPORTED FROM
COLORADO; OR
(B) MARKET OR PROMOTE A HEMP PRODUCT AS CONTAINING THC OR
ANY OTHER POTENTIALLY INTOXICATING CANNABINOID
.
PAGE 9-SENATE BILL 23-271 (II) A PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES A
PRODUCT CONTAINING A POTENTIALLY INTOXICATING CANNABINOID SHALL
LABEL THE PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED
UNDER THIS SECTION
.
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN AN
AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR
, IF NO RULE
ESTABLISHES THE AMOUNT
, IN ANY AMOUNT:
(A) D
ELTA-10 THC AND ITS ISOMERS;
(B) D
ELTA-9 THC AND ITS ISOMERS;
(C) D
ELTA-8 THC AND ITS ISOMERS;
(D) D
ELTA-7 THC AND ITS ISOMERS;
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;
(F) E
XO-TETRAHYDROCANNABINOL ;
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,
3-
HYDROXY-THC, OR 7-HYDROXY-THC;
(H) H
YDROGENATED FORMS OF THC, INCLUDING
HEXAHYDROCANNABINOL
, HEXAHYDROCANNABIPHOROL , AND
HEXAHYDROCANNABIHEXOL
;
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;
(K) T
ETRAHYDROCANNABIVARINS , INCLUDING DELTA -8
TETRAHYDROCANNABIVARIN BU T EXCLUDING DELTA -9
TETRAHYDROCANNAB IVARIN ;
(L) A
NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL
CHAIN OF FOUR OR MORE CARBON ATOMS
, INCLUDING
TETRAHYDROCANNABIPHOROLS
, TETRAHYDROCANNABIOCTYLS ,
PAGE 10-SENATE BILL 23-271 TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND
(M) ANY COMBINATION OF THE COMPOUNDS , INCLUDING
HEXAHYDROCANNABIPHOROL
-O-ESTER, LISTED IN THIS SUBSECTION
(4)(d)(I).
(II) A
PERSON SHALL NOT:
(A) M
ANUFACTURE, PRODUCE, OR DISTRIBUTE AN INTOXICATING
CANNABINOID WITHIN
COLORADO, AS AN INGREDIENT IN A HEMP PRODUCT
OR AS A FINISHED HEMP PRODUCT
, UNLESS THE INTOXICATING CANNABINOID
IS A SAFE HARBOR HEMP PRODUCT THAT IS EXPORTED FROM
COLORADO; OR
(B) MARKET OR PROMOTE A SAFE HARBOR HEMP PRODUCT OR HEMP
PRODUCT AS CONTAINING
THC OR ANY OTHER INTOXICATING CANNABINOID .
(III) A
PERSON THAT MANUFACTURES , PRODUCES, OR DISTRIBUTES
A PRODUCT CONTAINING AN INTOXICATING CANNABINOID SHALL LABEL THE
PRODUCT IN ACCORDANCE WITH THE RULES PROMULGATED UNDER THIS
SECTION
.
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE
. IF SYNTHETIC
CANNABINOIDS ARE PERMITTED BY RULE
, THE DEPARTMENT , IN
COORDINATION WITH THE STATE LICENSING AUTHORITY
, SHALL
PROMULGATE RULES PROVIDING STANDARDS AND REQUIREMENTS FOR THE
MANUFACTURE AND PRODUCTION OF SYNTHETIC CANNABINOIDS IN
COLORADO. THE RULES MUST INCLUDE A LABELING REQUIREMENT FOR ANY
HEMP
-DERIVED PRODUCT MANUFACTURED OR PRODUCED IN COLORADO
THAT CONTAINS A SEMI
-SYNTHETIC OR SYNTHETIC CANNABINOID AS AN
INGREDIENT
.
(II) T
O BE SOLD, OFFERED FOR SALE , OR DISTRIBUTED,
SEMI-SYNTHETIC CANNABINOIDS MUST MEET PRODUCTION , TESTING, AND
LABELING REQUIREMENTS ESTABLISHED IN RULES PROMULGATED BY THE
DEPARTMENT UNDER SECTION
25-5-420 AND SUBSECTION (4)(e)(I) OF THIS
SECTION
.
(f) T
HE DEPARTMENT SHALL PROMULGATE RULES REQUIRING A
PAGE 11-SENATE BILL 23-271 CONSUMER NOTICE STATEMENT IF ANY HEMP -DERIVED PRODUCTS THAT ARE
MANUFACTURED FOR DISTRIBUTION
, PRODUCED FOR DISTRIBUTION ,
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED FOR
DISTRIBUTION
, TREATED FOR DISTRIBUTION , TRANSPORTED FOR
DISTRIBUTION
, OR HELD FOR DISTRIBUTION IN THIS STATE CONTAIN
INTOXICATING CANNABINOIDS OR POTENTIALLY INTOXICATING
CANNABINOIDS
.
(g) T
HE DEPARTMENT, IN COORDINATION WITH THE STATE LICENSING
AUTHORITY
, MAY PROMULGATE RULES TO :
(I) C
LASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID THAT
IS NOT CLASSIFIED IN THIS SUBSECTION
(4);
(II) R
ECLASSIFY A HEMP-DERIVED COMPOUND OR C ANNABINOID
CLASSIFIED IN THIS SUBSECTION
(4) IF:
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED A
PROCESS TO REVIEW AND APPROVE HEMP
-DERIVED COMPOUNDS OR
CANNABINOIDS
;
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN SUBSECTION
(4)(g)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING POTENTIAL OF
THE HEMP
-DERIVED COMPOUND OR CANNABINOID ; AND
(C) THE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS
(4)(g)(II)(A) AND
(4)(g)(II)(B) OF THIS SECTION.
(h) T
O RECLASSIFY A HEMP-DERIVED COMPOUND OR CANNABINOID ,
UNDER SUBSECTION (4)(g) OF THIS SECTION, THE RECLASSIFICATION MUST:
(I) B
E SUPPORTED BY PEER-REVIEWED RESEARCH OR CLINICAL
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC CERTAINTY
THAT THE HEMP
-DERIVED COMPOUND OR CANNABINOID OR A PRODUCT
CONTAINING A HEMP
-DERIVED COMPOUND OR CANNABINOID SHOULD BE
RECLASSIFIED
; OR
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING
SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT
PAGE 12-SENATE BILL 23-271 REPORTS.
(5) Registration required - regulated hemp facilities -
application - fees - repeal. (a) B
EGINNING JULY 1, 2023, AND ON OR
BEFORE
JULY 1 OF EACH YEAR THEREAFTER, THE OWNER OF A REGULATED
HEMP FACILITY SHALL SUBMIT A REGISTRATION APPLICATION TO THE
DEPARTMENT
. TO SUBMIT AN APPLICATION, EACH HEMP MANUFACTURER OR
STORAGE FACILITY AND EACH SAFE HARBOR MANUFACTURER OR STORAGE
FACILITY MUST PAY AN ANNUAL APPLICATION FEE OF ONE HUNDRED
DOLLARS PLUS ANY ADDITIONAL REGISTRATION FEE SPECIFIED IN
SUBSECTION
(5)(b) OF THIS SECTION. EACH REGISTRATION EXPIRES ON JUNE
30 OF THE YEAR FOR WHICH THE REGISTRATION IS ISSUED , REGARDLESS OF
WHETHER THE REGISTRATION WAS ISSUED AFTER
JULY 1 FOR THE YEAR.
N
OTWITHSTANDING THAT A REGISTRATION IS VALID FOR ONLY A PORTION OF
A FISCAL YEAR
, THE APPLICATION AND REGISTRATION FEE DO NOT CHANGE .
(b) I
N ADDITION TO THE APPLICATION FEE IMPOSED IN SUBSECTION
(5)(a) OF THIS SECTION, THE ANNUAL REGISTRATION FEE FOR A REGULATED
HEMP FACILITY IS ONE THOUSAND FIVE HUNDRED DOLLARS
.
(c) (I) T
O BE REGISTERED UNDER SUBSECTION (5)(a) OF THIS
SECTION
, A SAFE HARBOR MANUFACTURER OR STORAGE FACILITY MUST
DEMONSTRATE COMPLIANCE WITH THE FEDERAL CURRENT GOOD
MANUFACTURING PRACTICES FOR FOOD OR DIETARY SUPPLEMENTS BEFORE
REGISTERING OR WITHIN TWELVE MONTHS AFTER THE PREVIOUS
REGISTRATION BY SUBMITTING TO THE DEPARTMENT
:
(A) A
N ATTESTATION FORM, AS PROVIDED BY THE DEPARTMENT ,
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND
EACH YEAR THEREAFTER
; AND
(B) EVIDENCE OF OBTAINING AN INSPECTION FROM AN APPROVED
THIRD
-PARTY AUDITOR BY JULY 1, 2024, AND BY JULY 1 OF EACH YEAR
THEREAFTER
.
(II) T
HE DEPARTMENT SHALL NOT REGISTER A PERSON AS A SAFE
HARBOR MANUFACTURER OR STORAGE FACILITY UNDER THIS SUBSECTION
(5)
IF THE PERSON IS REGISTERED AS A HEMP MANUFACTURER OR STORAGE
FACILITY OR AS A WHOLESALE FOOD MANUFACTURING AND STORAGE
FACILITY
, UNLESS EACH SAFE HARBOR HEMP PRODUCT :
PAGE 13-SENATE BILL 23-271 (A) IS PHYSICALLY SEPARATED FROM HEMP PRODUCTS DURING THE
MANUFACTURE OF
, PRODUCTION OF, STORAGE OF, AND DISTRIBUTION OF THE
SAFE HARBOR HEMP PRODUCT
;
(B) I
S MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN
ACCORDANCE WITH PROCEDURES THAT ARE APPROVED BY THE DEPARTMENT
AND THAT ENSURE NO CROSS CONTAMINATION BETWEEN HEMP PRODUCTS
AND SAFE HARBOR HEMP PRODUCTS
; OR
(C) IS MANUFACTURED, PRODUCED, STORED, AND DISTRIBUTED IN
ACCORDANCE WITH RULES OF THE DEPARTMENT PROMULGATED IN
ACCORDANCE WITH SUBSECTION
(3)(e)(III) OF THIS SECTION.
(III) T
O BE EXPORTED FOR SALE OR DISTRIBUTION , EACH SAFE
HARBOR HEMP PRODUCT MUST BE TESTED AND LABELED IN ACCOR DANCE
WITH RULES PROMULGATED UNDER SECTION
25-5-420 AND SUBSECTION
(4)(e) OF THIS SECTION.
(d) A
REGISTRATION ISSUED UNDER THIS SUBSECTION (5) IS SUBJECT
TO SUSPENSION OR REVOCATION
, IN ACCORDANCE WITH ARTICLE 4 OF TITLE
24, IF THE REGISTRANT VIOLATES THIS PART 4 OR RULES PROMULGATED
UNDER THIS PART
4.
(e) A
REGISTRANT WHO VIOLATES THIS SECTION IS SUBJECT TO THE
CIVIL PENALTIES ESTABLISHED IN SUBSECTION
(9) OF THIS SECTION.
(f) (I) A
REGULATED HEMP FACILITY MAY CONTINUE
MANUFACTURING
, PRODUCING, AND DISTRIBUTING HEMP PRODUCTS AND
SAFE HARBOR HEMP PRODUCTS UNTIL THE DEPARTMENT PROMULGATES
RULES IMPLEMENTING THIS SUBSECTION
(5) IF THE REGULATED HEMP
FACILITY COMPLIES WITH THE CURRENTLY APPLICABLE STATUTES AND
RULES
.
(II) T
HIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2025.
(6) Hemp products not adulterated. A
PRODUCT CONTAINING
HEMP PRODUCED BY A REGISTRANT IS NOT DEEMED ADULTERATED
, AS
DEFINED IN SECTIONS
25-5-410 AND 25-5-416, UNLESS THE PRODUCT MEETS
ONE OR MORE OF THE CRITERIA FOR ADULTERATION SET FORTH IN SECTION
25-5-410 OR 25-5-416.
PAGE 14-SENATE BILL 23-271 (7) Fees deposited in fund. T HE DEPARTMENT SHALL TRANSMIT
FEES COLLECTED IN ACCORDANCE WITH SUBSECTION
(5) OF THIS SECTION TO
THE STATE TREASURER
, WHO SHALL CREDIT THE FEES TO THE WHOLESALE
FOOD MANUFACTURING AND STORAGE PROTECTION CASH FUND ESTABLISHED
IN SECTION
25-5-426 (5).
(8) Offenses. I
T IS UNLAWFUL TO ENGAGE IN OR KNOWINGLY CAUSE
A PERSON TO ENGAGE IN ANY OF THE FOLLOWING ACTS
:
(a) M
ANUFACTURING, SELLING, OR DELIVERING OR HOLDING OR
OFFERING FOR SALE ANY PRODUCTS CONTAINING HEMP AND INTOXICATING
CANNABINOIDS OR POTENTIALLY INTOXICATING CANNABINOIDS IN EXCESS
OF LIMITS ESTABLISHED BY RULES PROMULGATED UNDER SUBSECTION
(3)(e)
OF THIS SECTION OR SECTION 25-5-420;
(b) M
ANUFACTURING A PRODUCT CONTAINING HEMP THAT IS NOT A
COSMETIC
, A DIETARY SUPPLEMENT, A FOOD, A FOOD ADDITIVE, OR AN HERB;
(c) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
HOLDING FOR SALE OR DISTRIBUTION A HEMP PRODUCT WITHOUT
REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION
;
(d) M
ANUFACTURING, PRODUCING, SELLING, DISTRIBUTING, OR
HOLDING FOR SALE OR DISTRIBUTION A SAFE HARBOR HEMP PRODUCT
WITHOUT REGISTERING WITH THE DEPARTMENT UNDER THIS SECTION
;
(e) (I) S
ELLING A HEMP PRODUCT TO AN INDIVIDUAL WHO IS UNDER
TWENTY
-ONE YEARS OF AGE IF THE HEMP PRODUCT :
(A) H
AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
PER SERVING; OR
(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY
TO ONE
.
(II) T
HIS SUBSECTION (8)(e) DOES NOT APPLY TO:
(A) P
RODUCTS WITH NO THC;
(B) T
INCTURES;
PAGE 15-SENATE BILL 23-271 (C) COSMETICS; OR
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
UNDER THE
"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
301
ET SEQ.
(f) (I) S
ELLING A HEMP PRODUCT IN A PAC KAGE WITH MORE THAN
FIVE SERVINGS IF THE HEMP PRODUCT
:
(A) H
AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
PER SERVING; AND
(B) HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN TWENTY
TO ONE
.
(II) T
HIS SUBSECTION (8)(f) DOES NOT APPLY TO:
(A) P
RODUCTS WITH NO THC;
(B) T
INCTURES;
(C) C
OSMETICS; OR
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
UNDER THE
"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
301
ET SEQ.
(g) (I) S
ELLING A HEMP PRODUCT IN A PACKAGE WITH MORE THAN
THIRTY SERVINGS IF THE HEMP PRODUCT
:
(A) H
AS MORE THAN ONE AND ONE -FOURTH MILLIGRAMS OF THC
PER SERVING; AND
(B) HAS A RATIO OF CANNABIDIOL TO THC OF TWENTY TO ONE OR
MORE
.
(II) T
HIS SUBSECTION (8)(f) DOES NOT APPLY TO:
PAGE 16-SENATE BILL 23-271 (A) PRODUCTS WITH NO THC;
(B) T
INCTURES;
(C) C
OSMETICS; OR
(D) A HEMP PRODUCT THAT THE UNITED STATES FOOD AND DRUG
ADMINISTRATION HAS DETERMINED IS GENERALLY RECOGNIZED AS SAFE
UNDER THE
"FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC.
301
ET SEQ.
(9) Penalties. A
PERSON WHO VIOLATES THIS SECTION, THE RULES
PROMULGATED UNDER THIS SECTION
, OR A FINAL CEASE-AND-DESIST ORDER
OR CLEAN
-UP ORDER UNDER SUBSECTION (3)(i) OF THIS SECTION IS SUBJECT
TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER DAY
PER VIOLATION
. THE DEPARTMENT OR THE COURT SHALL TRANSMIT EACH
CIVIL PENALTY COLLECTED UNDER THIS SUBSECTION
(9) TO THE STATE
TREASURER
, WHO SHALL CREDIT THE PENALTY TO THE WHOLESALE FOOD
MANUFACTURING AND STORAGE PROTECTION CASH FUND ESTABLISHED IN
SECTION
25-5-426 (5). IN DETERMINING THE AMOUNT OF A CIVIL PENALTY
UNDER THIS SUBSECTION
(9), THE DEPARTMENT OR THE COURT SHALL
CONSIDER THE FOLLOWING FACTORS
:
(a) T
HE ACTUAL OR POTENTIAL DAMAGE FROM THE VIOLATION ;
(b) T
HE VIOLATOR'S COMPLIANCE HISTORY;
(c) W
HETHER THE VIOLATION WAS INTENTIONAL , RECKLESS, OR
NEGLIGENT
;
(d) T
HE EFFECT UPON OR THREAT POSED TO THE PUBLIC HEALTH OR
ENVIRONMENT AS A RESULT OF THE VIOLATION
;
(e) T
HE DURATION OF THE VIOLATION; AND
(f) ANY ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A
RESULT OF THE VIOLATION
.
(10) Inspections and monitoring - rules. (a) F
OR THE PURPOSE OF
ENFORCEMENT OF THIS SECTION
, THE DEPARTMENT MAY CONDUCT
PAGE 17-SENATE BILL 23-271 INSPECTIONS OF REGULATED HEMP FACILITIES IN ACCORDANCE WITH
SECTION
25-5-421.
(b) U
NLESS THE DEPARTMENT APPROVES , A COUNTY, A DISTRICT
CREATED UNDER ARTICLE
1 OF TITLE 32, A MUNICIPALITY, OR A CITY AND
COUNTY SHALL NOT PERFORM A FOOD SAFETY INSPECTION AT A PREMISES OR
PLACE WHERE HEMP PRODUCTS OR SAFE HARBOR HEMP PRODUCTS ARE
MANUFACTURED FOR DISTRIBUTION
, PRODUCED FOR DISTRIBUTION ,
PACKAGED FOR DISTRIBUTION, PROCESSED FOR DISTRIBUTION, PREPARED FOR
DISTRIBUTION
, TREATED FOR DISTRIBUTION , TRANSPORTED FOR
DISTRIBUTION
, OR HELD FOR DISTRIBUTION.
(c) T
HE DEPARTMENT MAY PROMULGATE RULES ESTABLISHING
MONITORING REQUIREMENTS FOR SAFE HARBOR HEMP PRODUCTS IN
ACCORDANCE WITH GOOD MANUFACTURING PRACTICES
. THE RULES MAY
INCLUDE INVENTORY TRACKING
, SURVEILLANCE, AND RECORD-KEEPING
REQUIREMENTS
.
SECTION 3. In Colorado Revised Statutes, 44-10-103, repeal (21)
and (22); and add (17.5), (22.5), (42.5), (42.6), and (48.5) as follows:
44-10-103. Definitions - rules. As used in this article 10, unless the
context otherwise requires:
(17.5) "H
EMP PRODUCT" HAS THE MEANING SET FORTH IN SECTION
25-5-427 (2)(d).
(21) "Industrial hemp" means a plant of the genus cannabis and any
part of the plant, whether growing or not, containing a delta-9
tetrahydrocannabinol concentration of no more than three-tenths of one
percent on a dry weight basis.
(22) "Industrial hemp product" means a finished product containing
industrial hemp that:
(a) Is a cosmetic, food, food additive, or herb;
(b) Is for human use or consumption;
(c) Contains any part of the hemp plant, including naturally
PAGE 18-SENATE BILL 23-271 occurring cannabinoids, compounds, concentrates, extracts, isolates, resins,
or derivatives; and
(d) Contains a delta-9 tetrahydrocannabinol concentration of no
more than three-tenths of one percent on a dry weight basis.
(22.5) "INTOXICATING CANNABINOID " MEANS A CANNABINOID THAT
IS CLASSIFIED AS AN INTOXICATING CANNABINOID IN SECTION
44-10-209 OR
BY THE STATE LICENSING AUTHORITY BY RULE
, IN COORDINATION WITH THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, IN ACCORDANCE WITH
SUBSECTIONS
(3)(f) AND (3)(g) OF THIS SECTION.
(42.5) "N
ONINTOXICATING CANNABINOID " MEANS A CANNABINOID
THAT IS CLASSIFIED AS A NONINTOXICATING C ANNABINOID IN SECTION
44-10-209 OR BY THE STATE LICENSING AUTHORITY BY RULE , IN
COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
, IN ACCORDANCE WITH SUBSECTIONS (3)(f) AND (3)(g) OF
THIS SECTION
.
(42.6) "N
OVEL CANNABINOID" MEANS ANY CANNABINOID THAT HAS
NOT BEEN ASSESSED BY THE STATE OR A FEDERAL AGENCY FOR A SAFETY
PROFILE AND INTOXICATION PROFILE
.
(48.5) (a) "P
OTENTIALLY INTOXICATING CANNABINOID " MEANS:
(I) A
NOVEL CANNABINOID; AND
(II) A CANNABINOID THAT IS NOT A PHYTOCANNABINOID .
(b) "P
OTENTIALLY INTOXICATING CANNABINOID " DOES NOT
INCLUDE
:
(I) N
ONINTOXICATING CANNABINOIDS ; OR
(II) CANNABINOIDS OR COMPOUNDS THAT COMPRISE A NATURALLY
DERIVED FULL SPECTRUM HEMP EXTRACT OR BROAD SPECTRUM HEMP
EXTRACT
.
SECTION 4. In Colorado Revised Statutes, add 44-10-208 and
44-10-209 as follows:
PAGE 19-SENATE BILL 23-271 44-10-208. Feasibility study - standing committee - report -
definition - repeal. (1) (a) O
N OR BEFORE JULY 1, 2024, THE EXECUTIVE
DIRECTOR SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT ANALYZING
THE FEASIBILITY OF ESTABLISHING A STANDING COMMI TTEE TO EVALUATE
CANNABINOIDS AND CANNABIS
-DERIVED PRODUCTS FOR THE PURPOSE OF
DETERMINING AND MAKING RECOMMENDATIONS REGARDING THEIR SAFETY
PROFILES AND POTENTIAL FOR INTOXICATION
. THE REPORT MUST CONSIDER
AND RECOMMEND LEGISLATIVE ACTION ADDRESSING THE FOLLOWING
SUBJECTS
:
(I) T
HE APPROPRIATE STATE AGENCY OR AGENCIES TO BE INVOLVED
IN
, AND THEIR ROLE IN, THE EVALUATION PROCESS;
(II) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE SAFETY
PROFILES OF CANNABINOIDS AND CANNABIS
-DERIVED PRODUCTS, INCLUDING
THE PROCESS BY WHICH A STANDING COMMITTEE WOULD MAKE SUCH A
DETERMINATION
;
(III) T
HE ABILITY OF A STANDING COMMITTEE TO DETERMINE THE
POTENTIAL FOR INTOXICATION OF CANNABINOIDS AND CANNABIS
-DERIVED
PRODUCTS
, INCLUDING THE PROCESS BY WHICH A STANDING COMMITTEE
WOULD MAKE SUCH A DETERMINATION
;
(IV) R
ECOMMENDATIONS AS TO MEMBERS OF A STANDING
COMMITTEE AND A PROCESS TO MAKE APPOINTMENTS OF MEMBERS TO A
STANDING COMMITTEE
;
(V) R
ECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR
IMPLEMENTATION OF A STANDING COMMITTEE
; AND
(VI) THE FISCAL EFFECTS OF AND THE RESOURCES NEEDED TO
IMPLEMENT AND ADMINISTER A STANDING COMMITTEE
.
(b) T
O INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION, THE DEPARTMENT MAY ENGAGE EXPERTS ,
INCLUDING:
(I) T
HE CHIEF MEDICAL OFFICER APPOINTED PURSUANT TO SECTION
25-1-105 OR THE DESIGNEE OF THE CHIEF MEDICAL OFFICER;
PAGE 20-SENATE BILL 23-271 (II) THE STATE TOXICOLOGIST OR THE DESIGNEE OF THE STATE
TOXICOLOGIST
;
(III) A
N EPIDEMIOLOGIST WITH EXPERTISE IN DESIGNING AND
CONDUCTING OBSERVATIONAL STUDIES OR CLINICAL TRIALS
;
(IV) A
CLINICIAN FAMILIAR WITH DOSAGE FORMS AND ROUTES OF
ADMINISTRATION OF RELEVANT PRODUCTS
;
(V) A
MEDICAL TOXICOLOGIST; AND
(VI) A PHARMACOLOGIST WITH EXPERTISE IN DRUG DEVELOPMENT .
(2) A
S USED IN THIS SECTION, "STATE TOXICOLOGIST" MEANS THE
DIRECTOR OF THE TOXICOLOGY AND ENVIRONMENTAL EPIDEMIOLOGY
OFFICE
, OR A SUCCESSOR OFFICE, IN THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
.
(3) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
44-10-209. Classes of marijuana-derived cannabinoids and
compounds - definitions - privileges - prohibitions - rule-making - rules.
(1) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS AND
DECLARES THAT
:
(a) T
HE REGULATION OF MARIJUANA -DERIVED POTENTIALLY
INTOXICATING CANNABINOIDS AND INTOXICATING CANNABINOIDS
, AND THE
REGULATION OF PREMISES WHERE POTENTIALLY INTOXICATING
CANNABINOIDS AND INTOXICATING CANNABINOIDS ARE MANUFACTURED
,
PACKAGED, AND SOLD IN ACCORDANCE WITH THIS ARTICLE 10 AND RULES
PROMULGATED UNDER THIS ARTICLE
10:
(I) I
S NECESSARY TO PROTECT THE PUBLIC HEALTH ; AND
(II) WILL BENEFIT CONSUMERS BY ENSURING THAT THE
MANUFACTURE
, SALE, AND DISTRIBUTION OF MARIJUANA -DERIVED
POTENTIALLY INTOXICATING CANNABINOIDS AND INTOXICATING
CANNABINOID PRODUCTS ARE REGULATED IN A WAY TO PROMOTE PUBLIC
HEALTH
; AND
PAGE 21-SENATE BILL 23-271 (b) THE TAXATION OF MARIJUANA -DERIVED POTENTIALLY
INTOXICATING CANNABINOIDS AND INTOXICATING CANNABINOIDS MUST BE
ADDRESSED TO ENSURE BOTH COMPLIANCE WITH
COLORADO VOTERS' INTENT
AND EQUITABLE ECONOMIC TREATMENT
.
(2) Definitions . A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "H
EMP" HAS THE MEANING SET FORTH IN SECTION 35-61-101 (7).
(b) (I) "S
EMI-SYNTHETIC CANNABINOID" MEANS A SUBSTANCE THAT
IS CREATED BY A CHEMICAL REACTION THAT CONVERTS ONE CANNABINOID
EXTRACTED FROM A CANNABIS PLANT DIRECTLY INTO A DIFFERENT
CANNABINOID
.
(II) "S
EMI-SYNTHETIC CANNABINOID " INCLUDES CANNABINOIDS,
SUCH AS CANNABINOL THAT WAS PRODUCED BY THE CONVERSION OF
CANNABIDIOL
.
(III) "S
EMI-SYNTHETIC CANNABINOID " DOES NOT INCLUDE
CANNABINOIDS PRODUCED VIA DECARBOXYLATION OF NATURALLY
OCCURRING ACIDIC FORMS OF CANNABINOIDS
, SUCH AS
TETRAHYDROCANNABI NOLIC ACID
, INTO THE CORRESPONDING NEUTRAL
CANNABINOID
, SUCH AS THC, THROUGH THE USE OF HEAT OR LIGHT ,
WITHOUT THE USE OF CHEMICAL REAGENTS OR CATALYSTS , AND THAT
RESULTS IN NO OTHER CHEMICAL CHANGE
.
(c) (I) "S
YNTHETIC CANNABINOID" MEANS A CANNABINOID -LIKE
COMPOUND THAT WAS PRODUCED BY USING CHEMICAL SYNTHESIS
,
CHEMICAL MODIFICATION, OR CHEMICAL CONVERSION, INCLUDING BY USING
IN
-VITRO BIOSYNTHESIS OR OTHER BIOCONVERSION OF SUCH A METHOD .
(II) "S
YNTHETIC CANNABINOID" DOES NOT INCLUDE:
(A) A
COMPOUND PRODUCED THROUGH THE DECARBOXYLATION OF
NATURALLY OCCURRING CANNABINOIDS FROM THEIR ACIDIC FORMS
; OR
(B) A SEMI-SYNTHETIC CANNABINOID.
(d) (I) "T
ETRAHYDROCANNABINOL " OR "THC" MEANS THE
PAGE 22-SENATE BILL 23-271 SUBSTANCE CONTAINED IN THE PLANT CANNABIS SPECIES , IN THE RESINOUS
EXTRACTS OF THE CANNABIS SPECIES
, OR A CARBOXYLIC ACID OF ,
DERIVATIVE OF, SALT OF, ISOMER OF, OR SALT OR ACID OF AN ISOMER OF
THESE SUBSTANCES
.
(II) "T
ETRAHYDROCANNABINOL " OR "THC" INCLUDES:
(A) D
ELTA-10 THC AND ITS ISOMERS;
(B) D
ELTA-9 THC AND ITS ISOMERS;
(C) D
ELTA-8 THC AND ITS ISOMERS;
(D) D
ELTA-7 THC AND ITS ISOMERS;
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS; AND
(F) EXO-TETRAHYDROCANNABINOL ;
(III) "T
ETRAHYDROCANNABINOL " OR "THC" MAY ALSO CONTAIN:
(A) P
RODUCTS OF ANY OF THE COMPOUNDS LISTED IN SUBSECTIONS
(2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION; OR
(B) METABOLITES OF ANY OF THE COMPOUNDS LISTED IN
SUBSECTIONS
(2)(d)(II)(A) TO (2)(d)(II)(F) OF THIS SECTION.
(3) Classification of marijuana-derived compounds and
cannabinoids - rules. (a) M
ARIJUANA-DERIVED COMPOUNDS AND
CANNABINOIDS ARE DIVIDED INTO THREE CLASSIFICATIONS
:
(I) N
ONINTOXICATING CANNABINOIDS ;
(II) P
OTENTIALLY INTOXICATING CANNABINOIDS ; AND
(III) INTOXICATING CANNABINOIDS .
(b) (I) N
ONINTOXICATING CANNABINOIDS INCLUDE :
(A) F
ULL SPECTRUM HEMP EXTRACT THAT CONTAINS NO MORE THAN
PAGE 23-SENATE BILL 23-271 ONE AND THREE-FOURTHS MILLIGRAMS OF THC PER SERVING AND CONTAINS
A RATIO OF CANNABIDIOL TO
THC OF GREATER THAN OR EQUAL TO FIFTEEN
TO ONE
;
(B) B
ROAD SPECTRUM HEMP EXTRACT ;
(C) C
ANNABIDIOL, ALSO KNOWN AS "CBD";
(D) T
ETRAHYDROCANNABIVARIN , ALSO KNOWN AS "THCV";
(E) C
ANNABICHROMENE, ALSO KNOWN AS "CBC";
(F) C
ANNABICITRAN, ALSO KNOWN AS "CBT";
(G) C
ANNABICYCLOL, ALSO KNOWN AS "CBL";
(H) C
ANNABIELSOIN, ALSO KNOWN AS "CBE";
(I) C
ANNABIGEROL, ALSO KNOWN AS "CBG";
(J) C
ANNABIDIVARIN, ALSO KNOWN AS "CBDV"; AND
(K) CANNABINOL, ALSO KNOWN AS "CBN".
(II) (A) N
ONINTOXICATING CANNABINOIDS THAT ARE DERIVED FROM
HEMP MAY BE USED AS AN INGREDIENT IN A HEMP PRODUCT OR AS A
FINISHED HEMP PRODUCT IN ACCORDANCE WITH SECTION
25-5-427 AND THE
RULES PROMULGATED UNDER PART
4 OF ARTICLE 5 OF TITLE 25 OR IN
ACCORDANCE WITH THIS ARTICLE
10 AND ANY RULES PROMULGATED UNDER
THIS ARTICLE
10.
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
MARIJUANA
-DERIVED NONINTOXICATING CANNABINOID AS AN INGREDIENT
IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION
39-28.8-202.
(c) (I) A
LICENSEE UNDER THIS ARTICLE 10 MAY MANUFACTURE ,
PROCESS, TRANSFER, OR SELL POTENTIALLY INTOXICATING CANNABINOIDS
THAT ARE DERIVED FROM MARIJUANA IN ACCORDANCE WITH THIS ARTICLE
10 AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.
PAGE 24-SENATE BILL 23-271 (II) A RETAIL MARIJUANA PRODUCT CONTAINING A
MARIJUANA
-DERIVED POTENTIALLY INTOXICATING CANNABINOID AS AN
INGREDIENT IS SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE
WITH SECTION
39-28.8-202.
(d) (I) I
NTOXICATING CANNABINOIDS INCLUDE THE FOLLOWING IN AN
AMOUNT THAT EXCEEDS THE AMOUNT ESTABLISHED BY RULE OR
, IF NO RULE
ESTABLISHES THE AMOUNT
, IN ANY AMOUNT:
(A) D
ELTA-10 THC AND ITS ISOMERS;
(B) D
ELTA-9 THC AND ITS ISOMERS;
(C) D
ELTA-8 THC AND ITS ISOMERS;
(D) D
ELTA-7 THC AND ITS ISOMERS;
(E) D
ELTA-6a, 10a THC AND ITS ISOMERS;
(F) E
XO-TETRAHYDROCANNABINOL ;
(G) M
ETABOLITES OF THC, INCLUDING 11-HYDROXY-THC,
3-
HYDROXY-THC, OR 7-HYDROXY-THC;
(H) H
YDROGENATED FORMS OF THC, INCLUDING
HEXAHYDROCANNABINOL
, HEXAHYDROCANNABIPHOROL , AND
HEXAHYDROCANNABIHEXOL
;
(I) S
YNTHETIC FORMS OF THC, INCLUDING DRONABINOL;
(J) E
STER FORMS OF THC, INCLUDING DELTA-8 THC-O-ACETATE,
DELTA-9 THC-O-ACETATE, AND HEXAHYDROCANNABINOL -O-ACETATE;
(K) V
ARIN FORMS OF THC, INCLUDING DELTA -8
TETRAHYDROCANNABIVARIN BU T EXCLUDING DELTA -9
TETRAHYDROCANNAB IVARIN ;
(L) A
NALOGUES OF TETRAHYDROCANNABINOLS WITH AN ALKYL
CHAIN OF FOUR OR MORE CARBON ATOMS
, INCLUDING
TETRAHYDROCANNABIPHOROLS
, TETRAHYDROCANNABIOCTYLS ,
PAGE 25-SENATE BILL 23-271 TETRAHYDROCANNABIHEXOLS , OR TETRAHYDROCANNABUTOLS ; AND
(M) ANY COMBINATION OF THE COMPOUNDS , INCLUDING
HEXAHYDROCANNABIPHOROL
-O-ESTER, LISTED IN THIS SUBSECTION
(3)(d)(I).
(II) (A) A
PERSON LICENSED UNDER THIS ARTICLE 10 MAY USE AN
INTOXICATING CANNABINOID THAT IS DERIVED FROM MARIJUANA AS AN
INGREDIENT IN A REGULATED MARIJUANA PRODUCT OR AS A FINISHED
REGULATED MARIJUANA PRODUCT IN ACCORDANCE WITH THIS ARTICLE
10
AND THE RULES PROMULGATED UNDER THIS ARTICLE 10.
(B) A
RETAIL MARIJUANA PRODUCT CONTAINING A
MARIJUANA
-DERIVED INTOXICATING CANNABINOID AS AN INGREDIENT IS
SUBJECT TO RETAIL MARIJUANA SALES TAX IN ACCORDANCE WITH SECTION
39-28.8-202.
(e) (I) A
PERSON SHALL NOT MANUFACTURE , PRODUCE, SELL, OR
OFFER TO SELL A SYNTHETIC CANNABINOID OR A PRODUCT CONTAINING A
SYNTHETIC CANNABINOID UNLESS AUTHORIZED BY RULE
. IF SYNTHETIC
CANNABINOIDS ARE PERMITTED BY RULE
, THE STATE LICENSING AUTHORITY,
IN COORDINATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
, SHALL PROMULGATE RULES PROVIDING STANDARDS AND
REQUIREMENTS FOR THE MANUFACTURE AND PRODUCTION OF SYNTHETIC
CANNABINOIDS IN
COLORADO. THE RULES MUST INCLUDE A REQUIREMENT
THAT MARIJUANA
-DERIVED PRODUCTS M ANUFACTURED OR PRODUCED IN
COLORADO THAT CONTAIN A SEMI-SYNTHETIC OR SYNTHETIC CANNABINOID
AS AN INGREDIENT ARE LABELED IN ACCORDANCE WITH RULES
PROMULGATED PURSUANT TO THIS ARTICLE
10.
(II) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES
THAT ARE NECESSARY FOR THE FAIR
, IMPARTIAL, AND COMPREHENSIVE
ADMINISTRATION OF THIS SECTION
.
(III) A
PERSON LICENSED UNDER THIS ARTICLE 10 THAT PRODUCES
SEMI
-SYNTHETIC CANNABINOIDS SHALL COMPLY WITH THE PRODUCTION ,
TESTING, AND LABELING REQUIREMENTS ESTABLISHED BY RULE OF THE
STATE LICENSING AUTHORITY
.
(f) T
HE STATE LICENSING AUTHORITY, IN COORDINATION WITH THE
PAGE 26-SENATE BILL 23-271 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , MAY PROMULGATE
RULES TO
:
(I) C
LASSIFY A MARIJUANA-DERIVED COMPOUND OR CANNABINOID
THAT IS NOT CLASSIFIED IN THIS SUBSECTION
(3);
(II) R
ECLASSIFY A MARIJUANA -DERIVED COMPOUND OR
CANNABINOID CLASSIFIED IN THIS SUBSECTION
(3) IF:
(A) T
HE STATE HAS ADOPTED OR FEDERAL LAW HAS ESTABLISHED A
PROCESS TO REVIEW AND APPROVE MARIJUANA
-DERIVED COMPOUNDS OR
CANNABINOIDS
;
(B) T
HE REVIEW AND APPROVAL PROCESS DESCRIBED IN SUBSECTION
(3)(f)(II)(A) OF THIS SECTION EVALUATES THE INTOXICATING POTENTIAL OF
THE MARIJUANA
-DERIVED COMPOUND OR CANNABINOID ; AND
(C) THE RECLASSIFICATION IS BASED ON THE FINDINGS OF THE
PROCESS AND EVALUATION DESCRIBED IN SUBSECTIONS
(3)(f)(II)(A) AND
(3)(f)(II)(B) OF THIS SECTION.
(g) T
O RECLASSIFY A MARIJUANA -DERIVED COMPOUND OR
CANNABINOID
, UNDER SUBSECTION (3)(f) OF THIS SECTION, THE
RECLASSIFICATION MUST
:
(I) B
E SUPPORTED BY PEER- REVIEWED RESEARCH OR CLINICAL
TRIALS ESTABLISHING TO A REASONABLE DEGREE OF SCIENTIFIC CERTAINTY
THAT THE MARIJUANA
-DERIVED COMPOUND OR CANNABINOID OR A PR ODUCT
CONTAINING A MARIJUANA
-DERIVED COMPOUND OR CANNABINOID SHOULD
BE RECLASSIFIED
; OR
(II) BE BASED ON A THREAT TO HUMAN HEALTH , INCLUDING
SUBSTANTIAL REPORTS OF INTOXICATION OR ADVERSE HEALTH EVENT
REPORTS
.
(4) Rules. I
N ADDITION TO ANY POWERS LISTED IN THIS SECTION, THE
STATE LICENSING AUTHORITY MAY PROMULGATE RULES
:
(a) N
ECESSARY TO AUTHORIZE OR PROHIBIT CHEMICAL
MODIFICATION
, CONVERSION, OR SYNTHETIC DERIVATION OF CANNABINOIDS
PAGE 27-SENATE BILL 23-271 OR MARIJUANA-DERIVED COMPOUNDS, UNLESS OTHERWISE PERMITTED BY
THIS ARTICLE
10 AND THE RULES PROMULGATED UNDER THIS ARTICLE 10; OR
(b) AUTHORIZING, PROHIBITING , OR REGULATING
MARIJUANA
-DERIVED INGREDIENTS IN MEDICAL OR RETAIL MARIJUANA
PRODUCTS THAT ARE COMPOUNDS OTHER THAN CANNABINOIDS
.
SECTION 5. In Colorado Revised Statutes, 44-10-502, amend (7)
as follows:
44-10-502. Medical marijuana cultivation facility license - rules
- definitions. (7) (a) A medical marijuana cultivation facility shall only
obtain medical marijuana seeds or immature plants from its own medical
marijuana, commonly owned from the retail marijuana of an identical direct
beneficial owner, or marijuana that is properly transferred from another
medical marijuana business pursuant to the inventory tracking requirements
imposed by rule. IN ACCORDANCE WITH THE RULES PROMULGATED BY THE
STATE LICENSING AUTHORITY
, A MEDICAL MARIJUANA CULTIVATION
FACILITY MAY OBTAIN IMMATURE PLANTS
, MARIJUANA SEEDS , AND
MARIJUANA GENETIC MATERIAL
, AS GENETIC MATERIAL IS DEFINED IN RULE
OF THE STATE LICENSING AUTHORITY
, FROM:
(I) A
NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
FACILITY
;
(II) A
RETAIL MARIJUANA TESTING FACILITY;
(III) A
N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
ANOTHER JURISDICTION
; OR
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
LICENSING AUTHORITY
.
(b) (I) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO TRANSFER
IMMATURE PLANTS
, MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL,
AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING
AUTHORITY
, FROM:
(A) A
NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
PAGE 28-SENATE BILL 23-271 FACILITY;
(B) A
RETAIL MARIJUANA TESTING FACILITY;
(C) A
N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
ANOTHER JURISDICTION
; OR
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
LICENSING AUTHORITY
.
(II) T
HE RULES PROMULGATED UNDER THIS SUBSECTION (7)(b) MUST
INCLUDE INVENTORY TRACKING
, REPORTING, AND RECORDING-KEEPING
REQUIREMENTS
.
SECTION 6. In Colorado Revised Statutes, 44-10-503, add (1)(c)
as follows:
44-10-503. Medical marijuana products manufacturer license -
rules - definition. (1) (c) A
PERSON MUST BE LICENSED AS A MEDICAL
MARIJUANA PRODUCTS MANUFACTURER
, INCLUDING PAYING THE LICENSE
AND APPLICATION FEES
, TO MANUFACTURE POTENTIALLY INTOXICATING
CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM MEDICAL
MARIJUANA TO BE USED AS AN INGREDIENT OR AS A FINISHED MEDICAL
MARIJUANA PRODUCT
.
SECTION 7. In Colorado Revised Statutes, 44-10-602, amend (12)
as follows:
44-10-602. Retail marijuana cultivation facility license - rules -
definitions. (12) (a) A retail marijuana cultivation facility shall only obtain
retail marijuana seeds or immature plants from its own retail marijuana,
commonly owned from the medical marijuana of an identical direct
beneficial owner, or marijuana that is properly transferred from another
retail marijuana business pursuant to the inventory tracking requirements
imposed by rule. IN ACCORDANCE WITH THE RULES PROMULGATED BY THE
STATE LICENSING AUTHORITY
, A RETAIL MARIJUANA CULTIVATION FACILITY
MAY OBTAIN IMMATURE PLANTS
, MARIJUANA SEEDS, AND MARIJUANA
GENETIC MATERIAL
, AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE
LICENSING AUTHORITY
, FROM:
PAGE 29-SENATE BILL 23-271 (I) ANOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
FACILITY
;
(II) A
RETAIL MARIJUANA TESTING FACILITY;
(III) A
N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
ANOTHER JURISDICTION
; OR
(IV) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
LICENSING AUTHORITY
.
(b) (I) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
ALLOWING A REGULATED MARIJUANA CULTIVATION FACILITY TO TRANSFER
IMMATURE PLANTS
, MARIJUANA SEEDS, AND MARIJUANA GENETIC MATERIAL,
AS GENETIC MATERIAL IS DEFINED IN RULE OF THE STATE LICENSING
AUTHORITY
, FROM:
(A) A
NOTHER MEDICAL OR RETAIL MARIJUANA CULTIVATION
FACILITY
;
(B) A
RETAIL MARIJUANA TESTING FACILITY;
(C) A
N ENTITY LICENSED OR OTHERWISE APPROVED TO OPERATE IN
ANOTHER JURISDICTION
; OR
(D) ANY OTHER SOURCE PERMITTED BY RULE OF THE STATE
LICENSING AUTHORITY
.
(II) T
HE RULES PROMULGATED UNDER THIS SUBSECTION (12)(b)
MUST INCLUDE INVENTORY TRACKING , REPORTING , AND
RECORDING
-KEEPING REQUIREMENTS.
SECTION 8. In Colorado Revised Statutes, 44-10-603, add (1)(f)
as follows:
44-10-603. Retail marijuana products manufacturer license -
rules - definition. (1) (f) A
PERSON MUST BE LICENSED AS A RETAIL
MARIJUANA PRODUCTS MANUFACTURER
, INCLUDING PAYING THE LICENSE
AND APPLICATION FEES
, TO MANUFACTURE POTENTIALLY INTOXICATING
CANNABINOIDS OR INTOXICATING CANNABINOIDS FROM RETAIL MARIJUANA
PAGE 30-SENATE BILL 23-271 TO BE USED AS AN INGREDIENT OR AS FINISHED RETAIL MARIJUANA
PRODUCTS IN ACCORDANCE WITH THIS ARTICLE
10.
SECTION 9. In Colorado Revised Statutes, 6-1-725, amend (1) as
follows:
6-1-725. Synthetic cannabinoids - incense - deceptive trade
practice. (1) E
XCEPT IN ACCORDANCE WITH ARTICLE 10 OF TITLE 44 OR
ARTICLE
4 OF TITLE 25, it is unlawful for any person or entity to distribute,
dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell
to a purchaser any product that contains any amount of any synthetic
cannabinoid, as defined in section 18-18-102 (34.5). C.R.S.
SECTION 10. In Colorado Revised Statutes, 18-18-406.1, amend
(1) as follows:
18-18-406.1. Unlawful use or possession of synthetic
cannabinoids or salvia divinorum. (1) On and after January 1, 2012
EXCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44, it is
unlawful for any person to use or possess any amount of any synthetic
cannabinoid or salvia divinorum.
SECTION 11. In Colorado Revised Statutes, 18-18-406.2, amend
(1) introductory portion as follows:
18-18-406.2. Unlawful distribution, manufacturing, dispensing,
sale, or cultivation of synthetic cannabinoids or salvia divinorum.
(1) E
XCEPT AS PROVIDED IN SECTION 25-5-427 OR ARTICLE 10 OF TITLE 44,
it is unlawful for any person knowingly to:
SECTION 12. In Colorado Revised Statutes, 30-15-401, amend
(1.7) as follows:
30-15-401. General regulations - definitions. (1.7) In addition to
any other powers, a board of county commissioners may charge a fee for a
local license and adopt resolutions or ordinances to establish requirements
on businesses engaged in the storage, extraction, processing, or
manufacturing of industrial hemp, as defined in section 35-61-101 (7), or
industrial
hemp products, as defined in section 25-5-426 (2)(g.5) 25-5-427
(2)(d). A county shall not impose additional food production regulations on
PAGE 31-SENATE BILL 23-271 industrial hemp processors or HEMP products if the regulations conflict with
state law.
SECTION 13. In Colorado Revised Statutes, 31-15-501, amend
(1)(r) as follows:
31-15-501. Powers to regulate businesses. (1) The governing
bodies of municipalities have the following powers to regulate businesses:
(r) To charge a fee for a local license and establish licensing
requirements on businesses engaged in the storage, extraction, processing,
or manufacturing of industrial hemp, as defined in section 35-61-101 (7),
or industrial
hemp products, as defined in section 25-5-426 (2)(g.5)
25-5-427 (2)(d). A municipality shall not impose additional food production
regulations on industrial hemp processors or HEMP products if the
regulations conflict with state law.
SECTION 14. In Colorado Revised Statutes, 39-28.8-101, amend
(4) and (7) as follows:
39-28.8-101. Definitions. Unless the context otherwise requires, any
terms not defined in this article 28.8 have the meanings set forth in article
26 of this title 39. As used in this article 28.8, unless the context otherwise
requires:
(4) "Industrial
"Hemp" means the plant of the genus cannabis and
any part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration that does not exceed three-tenths
percent on a dry weight basis HAS THE MEANING SET FORTH IN SECTION
35-61-101 (7).
(7) (a) (I) "Retail marijuana" means all parts of the plant of the
genus cannabis whether growing or not, the seeds thereof OF THE PLANT, the
resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
or its resin, including marijuana concentrate;
(II) "R
ETAIL MARIJUANA" INCLUDES:
(A) A
NONINTOXICATING CANNABINOID , AS DEFINED IN SECTION
PAGE 32-SENATE BILL 23-271 44-10-103 (42.5), PRODUCED FROM RETAIL MARIJUANA ;
(B) A
POTENTIALLY INTOXICATING CANNABINOID , AS DEFINED IN
SECTION
44-10-103 (48.5), PRODUCED FROM RETAIL MARIJUANA ; AND
(C) AN INTOXICATING CANNABINOID , AS DEFINED IN SECTION
44-10-103 (22.5), PRODUCED FROM RETAIL MARIJUANA .
(b) "Retail marijuana" does not include industrial
hemp, nor does it
include fiber produced from the stalks, oil, cake made from the seeds of the
plant, sterilized seed of the plant that is incapable of germination, or the
weight of any other ingredient combined with marijuana to prepare topical
or oral administrations, food, drink, or other product.
SECTION 15. In Colorado Revised Statutes, 39-28.8-501, amend
(2)(b)(IV)(I) as follows:
39-28.8-501. Marijuana tax cash fund - creation - distribution
- legislative declaration - repeal. (2) (b) (IV) Subject to the limitation in
subsection (5) of this section, the general assembly may annually
appropriate any money in the fund for the following purposes:
(I) To research, regulate, study, and test industrial
hemp or hemp
seeds;
SECTION 16. Appropriation. (1) For the 2023-24 state fiscal
year, $1,574,061 is appropriated to the department of public health and
environment. This appropriation consists of $1,168,485 from the general
fund and $405,576 from the wholesale food manufacturing and storage
protection cash fund created in section 25-5-426 (5), C.R.S. To implement
this act, the department may use this appropriation as follows:
(a) $787,821 from the general fund for administration and support
related to disease control and public health response, which amount is based
on an assumption that the department will require an additional 1.9 FTE. Of
this amount, $212,532 is further appropriated to the department for the
2024-25 state fiscal year for the same purpose;
(b) $405,576 from the wholesale food manufacturing and storage
protection cash fund for environmental health programs, which amount is
PAGE 33-SENATE BILL 23-271 based on an assumption that the department will require an additional 3.5
FTE; and
(c) $380,664 from the general fund for the purchase of legal
services.
(2) Any money appropriated in subsection (1)(c) of this section not
expended prior to July 1, 2024, is further appropriated to the department for
the 2024-25 state fiscal year for the same purpose.
(3) For the 2023-24 state fiscal year, $295,024 is appropriated to the
marijuana cash fund created in section 44-10-801 (1)(a), C.R.S. This
appropriation is from the general fund. The department of revenue is
responsible for the accounting related to this appropriation.
(4) For the 2023-24 state fiscal year, $295,024 is appropriated to the
department of revenue. This appropriation is from reappropriated funds in
the marijuana cash fund under subsection (3) of this section. To implement
this act, the department may use the appropriation as follows:
(a) $237,924 for activities related to hemp and marijuana derived
cannabinoids, which amount is based on an assumption that the department
will require an additional 1.5 FTE; and
(b) $57,100 for the purchase of legal services.
(5) Any money appropriated in subsection (4)(a) of this section not
expended prior to July 1, 2024, is further appropriated to the department for
the 2024-25 state fiscal year for the same purpose.
(6) For the 2023-24 state fiscal year, $437,764 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the departments of public health and environment and revenue under
subsection (1)(c) and (4)(b) of this section and is based on an assumption
that the department of law will require an additional 1.3 FTE. To implement
this act, the department of law may use this appropriation to provide legal
services for the departments of public health and environment and revenue.
(7) Of the amount appropriated in subsection (6) of this section,
$380,664 is further appropriated to the department for the 2024-25 state
PAGE 34-SENATE BILL 23-271 fiscal year to provide legal services to the department of public health and
environment.
SECTION 17. Applicability. This act applies to offenses
committed or conduct occurring on or after the effective date of this act.
SECTION 18. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 35-SENATE BILL 23-271