2021 Colorado Code
Title 35 - Agriculture
Article 61 - Industrial Hemp Regulatory Program
§ 35-61-101. Definitions

As used in this article 61, unless the context otherwise requires:

1. “Acceptable hemp THC level” means when the application of the measurement of uncertainty to the reported delta-9 THC content concentration level on a dry weight basis produces a distribution or range that includes three-tenths of one percent or less.

   (1.3) “Authorized sampler” means an employee of the Colorado department of agriculture or a registrant who has been authorized by the commissioner to collect and handle industrial hemp samples.

   (1.5) “Certified seed” means seed certified by a seed certifying agency pursuant to article 27 of this title 35 and includes foundation and registered seed.
2. “Certifying agency” means the seed certification service of the authorized board of governors of the Colorado state university system or the authorized seed certifying agency of another state.
3. “Commissioner” means the commissioner of agriculture or the commissioner's designee.
4. “Committee” means the industrial hemp advisory committee established in section 35-61-103. (4.3) “Cross-pollination” means the transfer of pollen from one plant to the flower of another plant.
5. “Delta-9 tetrahydrocannabinols” or “delta-9 THC” has the same meaning as “tetrahydrocannabinols” as set forth in section 27-80-203 (24). Delta-9 THC is the primary psychoactive component of cannabis. For purposes of this article 61, the terms “delta-9 THC” and “THC” are interchangeable.
6. “Department” means the department of agriculture.
7. “Industrial hemp” or “hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry-weight basis.

   (7.3) “Key participant” means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, or chief financial officer. “Key participant” does not include nonexecutive managers such as farm, field, or shift managers.

   (7.4) “Licensed outdoor marijuana cultivation” means the licensed premises, as defined in section 44-10-103 (24) , used for outdoor cultivation of marijuana. (7.6) “Marijuana” has the same meaning as “regulated marijuana” as defined in section 44-10-103 (54) . (7.7) “Measurement of uncertainty” means the parameter associated with the results of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement. (7.8)
   1. “Outdoor cultivation” means:
      1. A registered outdoor hemp cultivation;
      2. A licensed outdoor marijuana cultivation;
      3. The premises for which a person applies for registration to engage in outdoor cultivation of hemp or a license to engage in outdoor cultivation of marijuana; or
      4. The premises on which a person previously had a registered outdoor hemp cultivation or a licensed outdoor marijuana cultivation.

   2. “Outdoor cultivation”, with respect to marijuana, means a licensed marijuana grow that operates seasonally within a temporary greenhouse or on an open plot of land.
   3. “Outdoor cultivation”, with respect to marijuana, does not include a licensed marijuana grow that operates year-round within a constructed facility or permanent greenhouse.

8. “Person” means any individual, natural person, corporation, company, limited liability company, partnership, association, or other legal entity. (8.4) “Registered outdoor hemp cultivation” means the premises that are subject to registration under section 35-61-104 and are used for outdoor cultivation of hemp. (8.7) “State licensing authority” means the state licensing authority created in section 44-10-201 for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of marijuana in this state.
9. “Total THC” means the molar sum of THC and tetrahydrocannabinolic acid (THCA).
10. “Volunteer cannabis plant” means a cannabis plant growing spontaneously without direct human control or supervision.

History. Source: L. 2013: Entire article added with relocations,(SB 13-241), ch. 342, p. 1992, § 1, effective May 28. L. 2014: Entire section amended,(SB 14-184), ch. 315, p. 1366, § 1, effective May 31. L. 2017: IP amended and (8) added,(HB 17-1148), ch. 79, p. 250, § 1, effective March 23. L. 2019: (1) and (7) amended,(SB 19-220), ch. 350, p. 3240, § 2, effective May 29. L. 2020: (1), (2), (4), and (5) amended and (1.3), (1.5), (7.3), (7.7) and (9) added,(SB 20-197), ch. 194, p. 899, § 1, effective September 14. L. 2021: (3) amended and (4.3), (7.4), (7.6), (7.8), (8.4), (8.7), and (10) added,(HB 21-1301), ch. 304, p. 1822, § 1, effective September 7.

The provisions of this section are similar to several former provisions of § 25-18.7-101 as they existed prior to 2013. For a detailed comparison, see the comparative tables located in the back of the index.

For the legislative declaration in SB 19-220, see section 1 of chapter 350, Session Laws of Colorado 2019.