(1) Notwithstanding any other provision of law to the contrary, a person who holds a registration issued pursuant to section 35-61-104 may engage in industrial hemp cultivation for commercial purposes.
(2) Notwithstanding any other provision of law, a person registered pursuant to section 35-61-104 is not subject to any civil or criminal actions for engaging in the activities described in subsection (1) of this section if the person is acting in compliance with this article.
Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1993, � 1, effective May 28. L. 2014: (1) amended, (SB 14-184), ch. 315, p. 1367, � 2, effective May 31. L. 2020: (1) amended, (SB 20-197), ch. 194, p. 900, � 2, effective September 14.
Editor's note: This section is similar to former � 25-18.7-102 as it existed prior to 2013.
35-61-103. Industrial hemp advisory committee - appointments - duties - coordination with commission. (1) (a) The industrial hemp advisory committee is hereby established. The state agricultural commission created in section 35-1-105 shall appoint an advisory committee to advise the commissioner on matters regarding the regulation of industrial hemp production and to assist the commissioner in promulgating rules to carry out this article 61. The commission shall appoint ten members to the industrial hemp advisory committee as follows:
(I) One member with experience in industrial hemp regulation;
(II) One member who is a farmer from a cooperative;
(III) One member who is a commercial farmer;
(IV) One member with experience in seed development and genetics;
(V) One member representing the hemp manufacturing industry;
(VI) One member representing small hemp businesses;
(VII) Repealed.
(VIII) One member who is a citizen advocate for industrial hemp;
(IX) One member who is a representative from a research institution of higher education;
(X) One member who is a representative from the cannabinoid industry; and
(XI) One member who represents certified seed growers.
(b) The term of office of members of the committee is three years; except that the members appointed pursuant to subsections (1)(a)(I) and (1)(a)(V) of this section serve initial two-year terms to ensure staggered terms of office.
(c) Each committee member holds office until the member's term of office expires or until a successor is duly appointed. If a vacancy occurs on the board, the appointing authorities shall appoint a new member meeting the qualifications of the member vacating the position to serve the remainder of the unexpired term of the member.
(d) Members of the committee shall serve without compensation but are entitled to reimbursement for actual and necessary travel and subsistence expenses incurred in the performance of their official duties as members of the committee.
(2) The committee shall provide advice to the commissioner, review proposed rules, and recommend new rules or changes to existing rules.
(3) Repealed.
(4) The committee shall meet at least once a year.
Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1993, � 1, effective May 28. L. 2014: IP(2), (2)(b), and (3) amended, (SB 14-184), ch. 315, p. 1367, � 3, effective May 31. L. 2015: IP(1)(a) and (1)(a)(VIII) amended and (1)(a)(X) and (1)(a)(XI) added, (SB 15-196), ch. 280, p. 1147, � 2, effective August 5. L. 2020: IP(1)(a), (1)(b), and (2) amended and (1)(a)(VII) and (3) repealed, (SB 20-197), ch. 194, p. 900, � 3, effective September 14. L. 2025: (1)(c) amended, (HB 25-1084), ch. 24, p. 142, � 169, effective August 6.
Editor's note: Subsection (1) is similar to former � 25-18.7-103 (1) and subsection (2) is similar to former � 25-18.7-103 (2)(a), as they existed prior to 2013.
35-61-104. Registration - cultivation of industrial hemp - research and development growth - hemp management plan - rules. (1) (a) A person wishing to engage in industrial hemp cultivation shall apply to the department for a registration in a form and manner determined by the commissioner prior to planting the industrial hemp. The application must include the name and address of the applicant and all key participants and the legal description, global positioning system location, and map of the land area on which the applicant plans to engage in industrial hemp cultivation. The applicant shall also submit to the department the fee required by section 35-61-106 (2). Application for registration pursuant to this section is a matter of statewide concern.
(b) Repealed.
(c) With the submission of an application for registration, each key participant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the department for the purpose of conducting fingerprint-based criminal history record checks. If received by the department, the department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commissioner. When the results of a fingerprint-based criminal history record check reveal a record of arrest without a disposition, the department shall require a key participant to submit a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The commissioner shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether a key participant is qualified to be registered. The key participant shall pay the costs associated with the fingerprint-based criminal history record check.
(2) If a person applies for registration in accordance with subsection (1) of this section and the commissioner determines that the person has satisfied the requirements for registration pursuant to this article 61, the commissioner may issue a registration to the person.
(3) (a) A registration issued pursuant to this section is valid for one year from the date of its issuance.
(b) To continue engaging in industrial hemp cultivation or research and development growth operations in this state after a registration's expiration, a registrant must apply for renewal of its registration in accordance with rules adopted by the commissioner setting forth application renewal and review processes and setting a registration renewal fee.
(4) If the registrant wishes to alter the land area on which the registrant will conduct industrial hemp cultivation or research and development growth operations, before altering the area, the registrant shall submit to the department an updated legal description, global positioning system location, and map specifying the proposed alterations.
(5) The commissioner shall adopt rules as necessary to implement and administer this article 61.
(6) The commissioner or the commissioner's designee shall submit a hemp management plan in accordance with the requirements and timelines prescribed by the secretary of the United States department of agriculture pursuant to the Agriculture Improvement Act of 2018, Pub.L. 115-334, as amended, for approval by the secretary.
(7) Except as otherwise prohibited by law, the commissioner may establish separate registration and waiver requirements for research and development cultivation of industrial hemp.
Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1994, � 1, effective May 28. L. 2014: (1)(a) and (2) amended, (SB 14-184), ch. 315, p. 1367, � 4, effective May 31. L. 2017: (1)(a) amended, (HB 17-1148), ch. 79, p. 250, � 2, effective March 23. L. 2019: (1)(b) repealed, (3) and (5) amended, and (6) added, (SB 19-220), ch. 350, p. 3240, � 3, effective May 29. L. 2020: (1)(a), (2), and (6) amended and (1)(c) and (7) added, (SB 20-197), ch. 194, p. 901, � 4, effective September 14. L. 2022: (1)(c) amended, (HB 22-1270), ch. 114, p. 533, � 53, effective April 21.
Cross references: For the legislative declaration in SB 19-220, see section 1 of chapter 350, Session Laws of Colorado 2019.