Colorado § 35-61-108 - Exportation of industrial hemp - processing, sale, manufacturing, and distribution - rules.

§ 35-61-108. Exportation of industrial hemp - processing, sale, manufacturing, and distribution - rules.

(1) Nothing in this article 61 limits or precludes the exportation of industrial hemp in accordance with the federal "Controlled Substances Act", as amended, 21 U.S.C. sec. 801 et seq., federal regulations adopted under the act, and case law interpreting the act.

(2) The conduct authorized under this section is intended to be consistent with federal law.

(3) Notwithstanding any other provision of law, a person engaged in processing, manufacturing, selling, transporting, possessing, or otherwise distributing industrial hemp cultivated by a person registered under this article 61, or selling industrial hemp products produced from it, is not subject to any civil or criminal actions under Colorado law for engaging in such activities. The department may promulgate rules to require approved shipping documentation for the transportation of hemp.

(4) (a) Because the unprocessed seeds of industrial hemp are included in the definition of "commodity" pursuant to section 35-36-102 (7) of the "Commodity Handler and Farm Products Act", article 36 of this title 35, a person acting as a commodity handler, as that term is defined in section 35-36-102 (8), with respect to the unprocessed seeds of industrial hemp, shall comply with the licensing requirements set forth in part 2 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.

(b) Because industrial hemp is included in the definition of "farm products" pursuant to section 35-36-102 (14) of the "Commodity Handler and Farm Products Act", article 36 of this title 35, a person acting as a dealer, small-volume dealer, or agent, as those terms are defined in section 35-36-102, with respect to industrial hemp, shall comply with the licensing requirements set forth in part 3 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.

Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1997, § 1, effective May 28. L. 2014: Entire section amended, (SB 14-184), ch. 315, p. 1369, § 8, effective May 31. L. 2015: (2) amended, (SB 15-196), ch. 280, p. 1148, § 6, effective August 5. L. 2018: Entire section amended, (SB 18-205), ch. 263, p. 1620, § 3, effective August 8. L. 2020: (4) amended, (HB 20-1213), ch. 160, p. 755, § 11, effective June 29.