2021 Colorado Code
Title 35 - Agriculture
Article 61 - Industrial Hemp Regulatory Program
§ 35-61-110.3. Cross-Pollination - Working Group - Reporting - Repeal

1. On or before November 1, 2021, the commissioner, in collaboration with the state licensing authority, the governor's deputy legal counsel, and the governor's special advisor on cannabis, shall work with a working group convened to study and recommend options for minimizing cross-pollination between cannabis plants, including:
   1. How to minimize volunteer cannabis plants growing on areas of land that are not registered outdoor hemp cultivations or licensed outdoor marijuana cultivations, regardless of whether the property was previously registered or licensed;
   2. How best to share data and the proximity between the locations of registered outdoor hemp cultivations, licensed outdoor marijuana cultivations, and the properties of applicants for registered outdoor hemp cultivations or licensed outdoor marijuana cultivations, including information for each outdoor cultivation regarding:
      1. The potential for cross-pollination between the outdoor cultivation and other outdoor cultivations or areas of land with volunteer cannabis plants; and
      2. Property size;

   3. The best practices for preventing cross-pollination including:
      1. An examination of the standards developed by agricultural organizations with expertise in industry-wide standards and practices;
      2. Recommendations from subject-matter experts; and
      3. If available, a review of practices developed by the hemp center of excellence; and

   4. The feasibility of conducting and financing field studies to examine cross-pollination between outdoor cultivations and areas of land with volunteer cannabis plants.

2. In convening the working group, the appointing authorities should strive to include representation of a diverse cross-section of members. Members of the working group shall be appointed on or before October 15, 2021, as follows:
   1. The chairs of the house of representatives agriculture, livestock, and water committee and the senate agriculture and natural resources committee or their successor committees shall jointly appoint:
      1. Two members from affected licensed marijuana cultivation businesses in the state;
      2. One geneticist with expertise in cannabis breeding;
      3. One scientist or agronomist with expertise in cross-pollination;
      4. Two members from software companies that service the agricultural industry;
      5. Two members from businesses in the state with experience growing hemp from feminized seeds or clones primarily for cannabinoid production;
      6. Two members representing companies with expertise in agricultural surveying;
      7. Two members from businesses in the state with experience in the development of seed that is certified by the Association of Official Seed Certifying Agencies; and
      8. Two members from businesses in the state with experience in growing hemp grain and fiber varieties; and

   2. The state licensing authority shall appoint four members as follows:
      1. Two each with expertise in licensed marijuana cultivation regulations; and
      2. Two each representing a licensed marijuana outdoor cultivation business with expertise in cannabis genetics.

3. The working group's recommendations must not include mandates on the type, location, or timing of any crop planting; however, this will not limit the ability of property owners to enter into voluntary agreements.
4. On or before November 1, 2022, the working group shall submit a report of its findings and recommendations to the house of representatives agriculture, livestock, and water committee and the senate agriculture and natural resources committee, or their successor committees. The department and the state licensing authority shall post the report on their public websites.
5. This section is repealed, effective January 1, 2023.

History. Source: L. 2021: Entire section added, (HB 21-1301), ch. 304, p. 1823, § 2, effective September 7.