2021 Colorado Code
Title 35 - Agriculture
Article 61 - Industrial Hemp Regulatory Program
§ 35-61-106. Industrial Hemp Registration Program Cash Fund - Industrial Hemp Research Grant Fund - Fees

1. There is hereby created in the state treasury the industrial hemp registration program cash fund, referred to in this article as the “fund”. The fund consists of fees collected by the commissioner pursuant to subsection (2) of this section and any general fund moneys appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article.
2. The commissioner shall collect a fee from persons applying for a registration pursuant to this article 61 based on a fee schedule determined by the commissioner. The commissioner shall set the fee schedule at a level sufficient to generate the amount of money necessary to cover the department's direct and indirect costs in implementing this article 61. The commissioner may also collect any fees necessary to cover the cost of inspection and compliance sampling and testing. The commissioner shall transmit the fees collected pursuant to this section to the state treasurer for deposit in the fund.
3. There is hereby created in the state treasury the industrial hemp research grant fund. The fund consists of:
   1. Repealed.
   2. Any moneys from foundations, private individuals, or any other funding sources that can be used to expand the scope or time frame of any hemp research authorized pursuant to this article;
   3. On and after July 1, 2015, up to ten million dollars from the marijuana tax cash fund created in section 39-28.8-501, C.R.S., as enacted by Senate Bill14-215. The moneys in the fund are subject to annual appropriations by the general assembly to the department to establish and administer an industrial hemp research grant program and to conduct hemp research.

History. Source: L. 2013: Entire article added with relocations,(SB 13-241), ch. 342, p. 1996, § 1, effective May 28. L. 2014: (1) amended and (3) added,(SB 14-184), ch. 315, p. 1368, § 6, effective May 31. L. 2015: (2) amended,(SB 15-196), ch. 280, p. 1148, § 5, effective August 5. L. 2018: (2) amended,(SB 18-205), ch. 263, p. 1620, § 4, effective August 8. L. 2020: (2) amended and (3)(a) repealed,(SB 20-197), ch. 194, p. 904, § 8, effective September 14.

1. This section is similar to former § 25-18.7-104 as it existed prior to 2013.
2. Section 11 of chapter 315 (SB 14-184), Session Laws of Colorado 2014, provides that subsection (3)(c) takes effect only if SB 14-215 does not become law and that subsection (3)(d) takes effect only if SB 14-215 becomes law. SB 14-215 became law and took effect July 1, 2014. Therefore, the original subsection (3)(c), as enacted in SB 14-184, did not take effect and subsection (3)(d) was relettered as (3)(c) to conform to statutory format.