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Bill Detail: SB22-205

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Title Intoxicating Hemp And Tetrahydrocannabinol Products
Status Governor Signed (05/31/2022)
Bill Subjects
  • Agriculture
  • Business & Economic Development
  • Professions & Occupations
House Sponsors A. Valdez (D)
Senate Sponsors D. Coram (R)
S. Fenberg (D)
House Committee Public and Behavioral Health & Human Services
Senate Committee Business, Labor and Technology
Date Introduced 04/13/2022

Section 2 of the bill prohibits:
  • The manufacture, sale, offering for sale, storage, or
delivery of an adult use cannabis product that is not
manufactured by a person licensed under the Colorado
Marijuana Code (license holder);

  • The manufacture, sale, offering for sale, storage, or
delivery of a product containing industrial hemp that is for
human consumption and that is not food, a cosmetic, a
dietary supplement, a food additive, an herb, or an
over-the-counter drug that contains industrial hemp; and
  • The manufacture, sale, offering for sale, storage, or
delivery of an industrial hemp product that was not
manufactured by a registered wholesale food manufacturer.
Section 3 imposes a civil penalty of up to $10,000 for:
  • Manufacturing, selling, offering for sale, storing, or
delivering an adult use cannabis product that is not
manufactured by a license holder; and
  • Violating a permit requirement for industrial hemp
products established by rule.
These penalties are credited to the the wholesale food manufacturing and
storage protection cash fund.
Section 4 prohibits a political subdivision of Colorado from
promulgating or enforcing additional duties for or standards for food
safety applicable to premises or places where industrial hemp products
are held for distribution, produced, manufactured, packed, processed,
prepared, treated, packaged, or transported.
Current law authorizes the department of public health and
environment (department) to require permits for manufacturing food that
may be contaminated so that it is injurious to health. The department may
establish standards for the permits and manufacturing. Section 5:
  • Adds dietary supplements, food additives, cosmetics, and
industrial hemp products to this provision;
  • Adds that an ingredient that is injurious to health also
authorizes the department to require a permit.
Section 6 requires a political subdivision of Colorado to get
department approval to perform food safety inspections at facilities used
to store, manufacture, produce, pack, process, treat, package, or transport
industrial hemp products.
Current law declares industrial hemp products not adulterated
unless the product violates certain provisions. Section 7 adds that an
industrial hemp product is deemed adulterated if the product is an adult
use cannabis product and is not manufactured by a license holder. Section
authorizes a wholesale food manufacturing facility to sell, produce, or
possess products containing artificially derived cannabinoids only if:
  • The facility is registered;
  • The product is an industrial hemp product;
  • The product is not intoxicating; and
  • Prior to distribution and sale, the manufacturing facility has
provided the marijuana enforcement division (division)
samples and information concerning the product.
Section 9 authorizes the division to promulgate rules, with the
technical assistance of the department, to define the amount of one or
more tetrahydrocannabinols that results in the designation of a product as
an adult use cannabis product. Section 9 also requires the division to
promulgate rules to regulate the manufacturing, distribution, and sale of
adult use cannabis products as retail marijuana products.
Section 10 prohibits a retail marijuana store from offering for sale
or accepting an adult use cannabis product that was not properly
designated as and transferred to it by a licensed retail marijuana products
manufacturer or accelerator manufacturer.
Section 11 prohibits a retail marijuana manufacturer from
transferring an adult use cannabis product unless the person holds the
appropriate license under the Colorado Marijuana Code.
Section 12 makes it a deceptive trade practice to violate the
provisions of the bill that apply to hemp, cannabis, or anything made from
hemp or cannabis.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/04/2022) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
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Votes House and Senate Votes
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