(1) The commissioner may deny, revoke, or suspend a registration if the applicant or registrant:
(a) Violates any provision of this article or rules adopted pursuant to this article;
(b) Engages in fraud or deception in the procurement of or attempt to procure a registration under this article or provides false information on a registration application; or
(c) Fails to comply with any lawful order of the commissioner.
(2) The commissioner may impose a civil penalty, not to exceed two thousand five hundred dollars per violation, on any person who violates this article or any rule adopted under this article.
(3) The commissioner shall not impose a penalty against a person alleged to have violated this article or a rule adopted under this article until the commissioner has notified the person of the charge and has given the person an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
(4) If the commissioner is unable to collect a civil penalty or if a person fails to pay all or a portion of a civil penalty imposed pursuant to this section, the commissioner may bring an action in a court of competent jurisdiction to recover the civil penalty plus attorney fees and costs.
(5) Cannabis plants exceeding the acceptable hemp THC level must be disposed of in accordance with rules established by the commissioner.
(6) Notwithstanding any other provision of this article 61, for up to three years after the effective date of the suspension, revocation, or relinquishment of a registration, the commissioner may deny an application for registration if:
(a) The applicant or any key participant is an individual who was previously listed as participating in an entity pursuant to section 35-61-104 and that individual or entity was subjected to discipline under this article 61; or
(b) The applicant or any key participant is an entity that lists an individual as participating in the entity pursuant to section 35-61-104 and the individual was previously listed as a participating person or key participant in an entity that was subjected to discipline under this article 61.
(7) If a person's registration, including any key participant to the registration, is suspended, revoked, or voluntarily relinquished for a violation of this section, the commissioner may deny a new application for registration for that person for up to three years after the effective date of the suspension, revocation, or relinquishment.
Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1996, � 1, effective May 28. L. 2014: (5) added, (SB 14-184), ch. 315, p. 1369, � 7, effective May 31. L. 2017: (6) and (7) added, (HB 17-1148), ch. 79, p. 251, � 3, effective March 23. L. 2020: (5) to (7) amended, (SB 20-197), ch. 194, p. 904, � 9, effective September 14.
35-61-108. Exportation of industrial hemp - processing, sale, manufacturing, and distribution - rules. (1) Nothing in this article 61 limits or precludes the exportation of industrial hemp in accordance with the federal Controlled Substances Act, as amended, 21 U.S.C. sec. 801 et seq., federal regulations adopted under the act, and case law interpreting the act.
(2) The conduct authorized under this section is intended to be consistent with federal law.
(3) Notwithstanding any other provision of law, a person engaged in processing, manufacturing, selling, transporting, possessing, or otherwise distributing industrial hemp cultivated by a person registered under this article 61, or selling industrial hemp products produced from it, is not subject to any civil or criminal actions under Colorado law for engaging in such activities. The department may promulgate rules to require approved shipping documentation for the transportation of hemp.
(4) (a) Because the unprocessed seeds of industrial hemp are included in the definition of commodity pursuant to section 35-36-102 (7) of the Commodity Handler and Farm Products Act, article 36 of this title 35, a person acting as a commodity handler, as that term is defined in section 35-36-102 (8), with respect to the unprocessed seeds of industrial hemp, shall comply with the licensing requirements set forth in part 2 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.
(b) Because industrial hemp is included in the definition of farm products pursuant to section 35-36-102 (14) of the Commodity Handler and Farm Products Act, article 36 of this title 35, a person acting as a dealer, small-volume dealer, or agent, as those terms are defined in section 35-36-102, with respect to industrial hemp, shall comply with the licensing requirements set forth in part 3 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.
Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1997, � 1, effective May 28. L. 2014: Entire section amended, (SB 14-184), ch. 315, p. 1369, � 8, effective May 31. L. 2015: (2) amended, (SB 15-196), ch. 280, p. 1148, � 6, effective August 5. L. 2018: Entire section amended, (SB 18-205), ch. 263, p. 1620, � 3, effective August 8. L. 2020: (4) amended, (HB 20-1213), ch. 160, p. 755, � 11, effective June 29.
35-61-108.5. Colorado industrial hemp research and development task force - legislative declaration - definitions - reporting. (Repealed)
Source: L. 2018: Entire section added, (SB 18-235), ch. 302, p. 1829, � 1, effective August 8.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 1829.)