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SB 241

SB 241

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Published by Michael_Lee_Roberts
SB 241
SB 241

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Published by: Michael_Lee_Roberts on Apr 12, 2013
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07/03/2013

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First Regular SessionSixty-ninth General Assembly
STATE OF COLORADO
INTRODUCED
 
LLS NO. 13-0775.01 Christy Chase x2008
SENATE BILL 13-241
Senate CommitteesHouse Committees
Agriculture, Natural Resources, & Energy
A BILL FOR AN ACTC
ONCERNING THE CREATION OF A PROGRAM IN THE DEPARTMENT OF
101
AGRICULTURE TO REGULATE INDUSTRIAL HEMP PRODUCTION
.
102
Bill Summary
(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this bill  passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.)
The bill repeals the industrial hemp remediation pilot program inthe department of public health and environment, enacted by House Bill12-1099, and replaces the pilot program with a program in the departmentof agriculture (department) that requires a person seeking to engage inindustrial hemp cultivation for commercial purposes or to grow industrial
SENATE SPONSORSHIP
Schwartz and Crowder,
Nicholson, Ulibarri
HOUSE SPONSORSHIP
Coram and Fischer,
 
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.
 
hemp for research and development purposes to register with thedepartment. The bill renames the industrial hemp remediation pilot program committee, established pursuant to House Bill 12-1099, as theindustrial hemp committee, specifies the qualifications and terms of office of members serving on the committee, and tasks the committeewith assisting the department and the commissioner of agriculture(commissioner) in the development of the registration program.The commissioner is authorized to collect fees from registrationapplicants to cover the costs of the program. Each registrant authorizedto cultivate industrial hemp for commercial purposes must submit reportsto the department certifying that the crop it plants complies with thedelta-9 THC limits, as well as documenting that the registrant has a purchase agreement with an in-state industrial hemp processor.The commissioner is to develop rules requiring registrants tosubmit crop samplings for testing and verification of delta-9 THC levelsand establishing a process for waiving delta-9 THC limits.Upon finding that a registrant violated the requirements of the program, the commissioner may impose a civil penalty on the registrantor deny, revoke, or suspend the registration.The registration program repeals upon the enactment of federallegislation establishing a federal regulatory system for industrial hempand the economic and financial viability of the industrial hemp industry,as determined by the commissioner in consultation with the industrialhemp committee.
 Be it enacted by the General Assembly of the State of Colorado:
1
SECTION 1.
In Colorado Revised Statutes,
add with amended
2
and relocated provisions
article 61 to title 35 as follows:3
ARTICLE 61
4
Industrial Hemp Regulatory Program
5
35-61-101. Definitions.
A
S USED IN THIS ARTICLE
,
UNLESS THE
6
CONTEXT OTHERWISE REQUIRES
:7(1) "C
OMMISSIONER 
"
MEANS THE COMMISSIONER OF
8
AGRICULTURE
.9(2)
[Formerly 25-18.7-101 (1)]
"Committee" means the industrial10hemp remediation pilot program committee established in section11SB13-241
-2-
 
25-18.7-103 35-61-103.1(3)
[Formerly 25-18.7-101 (5)]
"D
ELTA
-9 tetrahydrocannabinols"2has the same meaning
AS
"
TETRAHYDROCANNABINOLS
"
AS
set forth in3section 12-22-303 (32) 27-80-203
 
(24), C.R.S.4(4) "D
EPARTMENT
"
MEANS THE DEPARTMENT OF AGRICULTURE
.5(5)
[Formerly 25-18.7-101 (3)]
"Industrial hemp" means any6variety of the
A
plant
OF THE GENUS
cannabis sativa L.
AND ANY PART OF
7
THE PLANT
,
WHETHER GROWING OR NOT
, containing
A DELTA
-98
TETRAHYDROCANNABINOL CONCENTRATION OF
no more than three-tenths9of one percent of tetrahydrocannabinols, whether growing or not
ON A
10
DRY WEIGHT BASIS
.11
35-61-102. [Formerly 25-18.7-102] Industrial hemp -
12
permitted growth by registered persons.
(1) Growing and possessing13industrial hemp for the purposes of this article is permitted in this state14 N
OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY
,
A
15
PERSON WHO HOLDS A REGISTRATION ISSUED PURSUANT TO SECTION
1635-61-104
MAY
:17(a) E
 NGAGE IN INDUSTRIAL HEMP CULTIVATION FOR COMMERCIAL
18
PURPOSES
;
OR 
19(b) G
ROW INDUSTRIAL HEMP OUTDOORS ON NOT MORE THAN TEN
20
ACRES FOR RESEARCH AND DEVELOPMENT PURPOSES
.21(2) Notwithstanding any other provision of law, an individual
A
22
PERSON REGISTERED PURSUANT TO SECTION
35-61-104 is not subject to23any civil or criminal actions for growing industrial hemp or otherwise24 participating in the industrial hemp remediation pilot program
ENGAGING
25
IN THE ACTIVITIES DESCRIBED IN SUBSECTION
(1)
OF THIS SECTION
if the26individual's actions are
PERSON IS ACTING
in compliance with the pilot27SB13-241
-3-

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