April 22, 2019

SB 13-241: Establishing a Program in the Department of Agriculture for the Regulation of Industrial Hemp

On Monday, April 1, 2013, Sen. Gail Schwartz introduced SB 13-241 – Concerning the Creation of a Program in the Department of Agriculture to Regulate Industrial Hemp Production. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals the industrial hemp remediation pilot program in the Department of Public Health and Environment, enacted by House Bill 12-1099, and replaces the pilot program with a program in the Department of Agriculture (department) that requires a person seeking to engage in industrial hemp cultivation for commercial purposes or to grow industrial hemp for research and development purposes to register with the department. The bill renames the Industrial Hemp Remediation Pilot Program Committee, established pursuant to House Bill 12-1099, as the Industrial Hemp Committee, specifies the qualifications and terms of office of members serving on the committee, and tasks the committee with assisting the department and the commissioner of agriculture (commissioner) in the development of the registration program.

The commissioner is authorized to collect fees from registration applicants to cover the costs of the program. Each registrant authorized to cultivate industrial hemp for commercial purposes must submit reports to the department certifying that the crop it plants complies with the delta-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 to submit crop samplings for testing and verification of delta-9 THC levels and 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 registrant or deny, revoke, or suspend the registration.

The registration program repeals upon the enactment of federal legislation establishing a federal regulatory system for industrial hemp and the economic and financial viability of the industrial hemp industry, as determined by the commissioner in consultation with the industrial hemp committee.

The bill was introduced on April 1 and is assigned to the Agriculture, Natural Resources, & Energy Committee.

Since this summary, the bill was referred, amended, to the Appropriations Committee.