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Subject: Colo. Industrial Hemp Bill 1995
Message-ID: 
From: cohip@Cygnus.COM (Colorado HIP)
Date: Mon, 28 Nov 1994 16:05:48 GMT

This is a draft of the bill to be submitted to the Colorado legislature
in Jan., 1995 to promote the cultivation of industrial (low-THC)
hemp as a cash fiber crop for Colorado farmers.
It was written by Thomas J. Ballanco, a law student at CU-Boulder and
it will be submitted to the Colo. legislature by state Senator Lloyd
Casey (D-Northglenn).

All comments about the language of the bill should go to Tom Ballanco at:
ballanco@ucsu.Colorado.EDUU

CO-HIP will keep you informed of the bill's Progress.


Peace,
Laura

*********************************

An Act to reclassify the non-psychoactive varieties of the Cannabis plant as "Hemp," and to legalize possession, production 
and commerce in the same.  

XX-XX-101.  Short Title.  This article shall be known and may be cited as 
the "Hemp Reclassification Act."

XX-XX-102.  Declaration of Policy.  The general assembly hereby finds, 
determines, and declares that the development and use of hemp is in the 
best interest of the state economy and that the production of hemp and 
hemp products can be regulated so as not to interfere with the strict 
control of controlled substances in the state.  It is the purpose of this 
law to promote the public health, safety, and welfare by permitting the 
development of a hemp industry, while maintaining the strict control of 
marihuana.

XX-XX-103.  Definitions.  As used in this part 1, unless the context 
otherwise requires:
   (1)  "Commissioner" means the commissioner of agriculture.
   (2)  "Grower" means any person, partnership, association, or 
corporation that produces hemp.
   (3)  "Handler" means any person, partnership, association, or 
corporation that receives hemp for processing into hemp products.
   (4)  "Hemp" means all parts and varieties of the plant cannabis 
sativaL. and the plant cannabis indica, whether growing or not, which 
contain less than one and four tenths percent (1.4%) concentration of 
tetrahydrocannabinol ("THC") and contain cannabidol ("CBD") in sufficient 
concentration to exceed the THC content.  "Hemp" is separate and distinct 
from "marihuana" or "marijuana."
   (5)  "Hemp Products" means all products made from hemp, including, but 
not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle 
board, plastics or seed for cultivation.
   (6)  "Marihuana" or "marijuana" means all parts of the plant cannabis 
sativa L. or the plant cannabis indica, whether growing or not, the resin 
extracted from any part of the plant, and every compound manufacture, 
salt, derivative, mixture, or preparation of the plant or its resins 
which contains more than one and four tenths percent (1.4%) concentration 
of tetrahydrocannabinol.  This meaning supercedes and amends the 
definition set forth in section 12-22-303(17), C.R.S.
   (7)  "Marihuana concentrate" means hashish, tetrahydrocannabinols, or 
any alkaloid, salt, derivative, preparation, compound, or mixture, 
whether natural or synthesized, containing more than one and four tenths 
percent (1.4%) concentration of tetrahydrocannabinols.  This meaning 
supercedes and amends the definition set forth in section 12-22-303(18), 
C.R.S.
   (8)  "Tetrahydrocannabinols" shall have the same meaning as set forth 
in section 12-22-303(32), C.R.S.

XX-XX-104.  Hemp as an agricultural product.  Production, possession, and 
commerce in hemp shall be permitted in the state of Colorado.  Hemp shall 
be classified as an agricultural product and shall be subject to 
regulation by the commissioner under Title 35, C.R.S.

XX-XX-105.  Licenses - application - fees - inspection.  (1) Every person 
growing, buying, selling, or receiving hemp within this state shall 
obtain, on or before April 1 of each year, from the department of 
agriculture, a grower's or handler's license, applicable for each place 
where such business is conducted.  A license shall not be transferable 
and shall expire on March 31 of each year, and no reduction of license 
fee shall be made for a fractional part of the year.  The commissioner 
shall designate and identify sources where new licensees may obtain 
industrial hemp seeds.  With the approval of the commissioner, licensed 
growers may retain seeds from each crop to ensure a sufficient supply for 
the following year.
   (2)(a)  After a grower's license is granted, the commissioner shall 
conduct at least two inspections of the crop, during its growth phase.  
The commissioner shall take samples of up to 1% of the total crop for 
tetrahydrocannabinol analysis.  The average THC content in the crop 
should be less than five tenths of one percent (0.5%) and individual 
samples should not exceed one percent (1%) concentration of THC.  In all 
instances, the CBD content must exceed the THC content.  Growers found to 
be growing any plants where the THC content exceeds one and four tenths 
percent (1.4%) shall be prosecuted for manufacture of marijuana in 
accordance with section 18-18-106, C.R.S.
   (b)  After a handler's license is granted, the commissioner shall 
conduct periodic inspections of the handling establishment.  The 
commissioner shall take samples of up to 1% of the annual volume of the 
establishment for tetrahydrocannabinol analysis.
   (c)  Any plants found to contain more than one percent (1%) 
concentration of tetrahydrocannabinols shall be confiscated and 
destroyed.  Two concentration violations in one year is grounds for 
license revocation. 
   (3)  An application for any license shall state the name of the 
applicant; and, if a firm, the names of its members; and, if a 
corporation, the names of its officers; the location of the business; and 
the telephone number, if any.
   (4) (a)  The annual license fee for growers shall be based on the 
total acreage to be cultivated.  Classes and fees shall be as follows:
   Class I. Grower - Cultivation up to and including 40 acres, fee $10.00.
   Class II. Grower - Cultivation over 40 acres to and including 160 
acres, fee $20.00.
   Class III. Grower - Cultivation over 160 acres, fee $35.00.
   (b)  The annual license fee for handlers shall be based on the average 
tonnage of raw hemp processed during the previous year; except that for a 
handler who has not been engaged in business during the previous calendar 
year, the fee shall be ten dollars.  The applicant for a handler's 
license shall keep such records as may be necessary to indicate 
accurately the quantity of hemp processed and shall allow the 
commissioner to examine these records in determining the quantity of hemp 
processed during the previous year.  Such records of quantity processed 
shall be retained by the handler for a period of two years.  The handler 
classes and fees shall be as follows:
   Class I. Handler - Up to and including 100 tons per year, fee $10.00.
   Class II. Handler - Over 100 tons to and including 1,000 tons per 
year, fee $35.00.
   Class III. Handler - Over 1,000 tons per year, fee $75.00.
   (5)  All fees from licenses shall be deposited with the state 
treasurer and credited to the general fund.

XX-XX-106.  Penalty. (1)  Any person who violates any of the provisions 
of this article is guilty of a misdemeanor.  It is the duty of the 
commissioner to notify the district attorney of the judicial district in 
which a violation occurs, and the district attorney of said district 
shall conduct such proceedings as may be necessary with the cooperation 
of the commissioner.  Upon conviction in any court of competent 
jurisdiction, any person in violation of any of the provisions of this 
article shall be punished by a fine of not more than five hundred 
dollars.  Fines and penalties imposed under this article shall be 
collected and remitted as provided by law.
   (2)  The commissioner may, after proper hearing as provided in article 
4 of title 24, C.R.S., suspend or revoke any license issued to any grower 
or handler who violates any of the provisions of this article or any 
rules and regulations issued by the commissioner pursuant thereto.  Such 
revocation or suspension of a license may be in addition to, or in lieu 
of, any penalties or fines imposed in subsection (1) of this section.

XX-XX-107.  Controlled substance laws relating to marihuana.  Except as 
the definitions of "marihuana" and "marihuana concentrate" are modified 
by section XX-XX-103, all laws concerning the strict control of 
marihuana, marijuana, and marihuana concentrate shall remain in effect.  
This Act shall not be read to interfere with the enforcement of section 
18-18-106, C.R.S.