Colorado § 44-10-209 - Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules.

§ 44-10-209. Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules.

(1) Legislative declaration. The general assembly finds and declares that:

(a) The regulation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids, and the regulation of premises where potentially intoxicating cannabinoids and intoxicating cannabinoids are manufactured, packaged, and sold in accordance with this article 10 and rules promulgated under this article 10:

(I) Is necessary to protect the public health; and

(II) Will benefit consumers by ensuring that the manufacture, sale, and distribution of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoid products are regulated in a way to promote public health; and

(b) The taxation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids must be addressed to ensure both compliance with Colorado voters' intent and equitable economic treatment.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Hemp" has the meaning set forth in section 35-61-101 (7).

(b) (I) "Semi-synthetic cannabinoid" means a substance that is created by a chemical reaction that converts one cannabinoid extracted from a cannabis plant directly into a different cannabinoid.

(II) "Semi-synthetic cannabinoid" includes cannabinoids, such as cannabinol that was produced by the conversion of cannabidiol.

(III) "Semi-synthetic cannabinoid" does not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.

(c) (I) "Synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, chemical modification, or chemical conversion, including by using in-vitro biosynthesis or other bioconversion of such a method.

(II) "Synthetic cannabinoid" does not include:

(A) A compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or

(B) A semi-synthetic cannabinoid.

(d) (I) "Tetrahydrocannabinol" or "THC" means the substance contained in the plant cannabis species, in the resinous extracts of the cannabis species, or a carboxylic acid of, derivative of, salt of, isomer of, or salt or acid of an isomer of these substances.

(II) "Tetrahydrocannabinol" or "THC" includes:

(A) Delta-10 THC and its isomers;

(B) Delta-9 THC and its isomers;

(C) Delta-8 THC and its isomers;

(D) Delta-7 THC and its isomers;

(E) Delta-6a, 10a THC and its isomers; and

(F) Exo-tetrahydrocannabinol.

(III) "Tetrahydrocannabinol" or "THC" may also contain:

(A) Products of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section; or

(B) Metabolites of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section.

(3) Classification of marijuana-derived compounds and cannabinoids - rules.

(a) Marijuana-derived compounds and cannabinoids are divided into three classifications:

(I) Nonintoxicating cannabinoids;

(II) Potentially intoxicating cannabinoids; and

(III) Intoxicating cannabinoids.

(b) (I) Nonintoxicating cannabinoids include:

(A) Full spectrum hemp extract that contains no more than one and three-fourths milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one;

(B) Broad spectrum hemp extract;

(C) Cannabidiol, also known as "CBD";

(D) Tetrahydrocannabivarin, also known as "THCV";

(E) Cannabichromene, also known as "CBC";

(F) Cannabicitran, also known as "CBT";

(G) Cannabicyclol, also known as "CBL";

(H) Cannabielsoin, also known as "CBE";

(I) Cannabigerol, also known as "CBG";

(J) Cannabidivarin, also known as "CBDV"; and

(K) Cannabinol, also known as "CBN".

(II) (A) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with section 25-5-427 and the rules promulgated under part 4 of article 5 of title 25 or in accordance with this article 10 and any rules promulgated under this article 10.

(B) A retail marijuana product containing a marijuana-derived nonintoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(c) (I) A licensee under this article 10 may manufacture, process, transfer, or sell potentially intoxicating cannabinoids that are derived from marijuana in accordance with this article 10 and the rules promulgated under this article 10.

(II) A retail marijuana product containing a marijuana-derived potentially intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(d) (I) Intoxicating cannabinoids include the following in an amount that exceeds the amount established by rule or, if no rule establishes the amount, in any amount:

(A) Delta-10 THC and its isomers;

(B) Delta-9 THC and its isomers;

(C) Delta-8 THC and its isomers;

(D) Delta-7 THC and its isomers;

(E) Delta-6a, 10a THC and its isomers;

(F) Exo-tetrahydrocannabinol;

(G) Metabolites of THC, including 11-hydroxy-THC, 3-hydroxy-THC, or 7-hydroxy-THC;

(H) Hydrogenated forms of THC, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;

(I) Synthetic forms of THC, including dronabinol;

(J) Ester forms of THC, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;

(K) Varin forms of THC, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;

(L) Analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; and

(M) Any combination of the compounds, including hexahydrocannabiphorol-O-ester, listed in this subsection (3)(d)(I).

(II) (A) A person licensed under this article 10 may use an intoxicating cannabinoid that is derived from marijuana as an ingredient in a regulated marijuana product or as a finished regulated marijuana product in accordance with this article 10 and the rules promulgated under this article 10.

(B) A retail marijuana product containing a marijuana-derived intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(e) (I) A person shall not manufacture, produce, sell, or offer to sell a synthetic cannabinoid or a product containing a synthetic cannabinoid unless authorized by rule. If synthetic cannabinoids are permitted by rule, the state licensing authority, in coordination with the department of public health and environment, shall promulgate rules providing standards and requirements for the manufacture and production of synthetic cannabinoids in Colorado. The rules must include a requirement that marijuana-derived products manufactured or produced in Colorado that contain a semi-synthetic or synthetic cannabinoid as an ingredient are labeled in accordance with rules promulgated pursuant to this article 10.

(II) The state licensing authority may promulgate rules that are necessary for the fair, impartial, and comprehensive administration of this section.

(III) A person licensed under this article 10 that produces semi-synthetic cannabinoids shall comply with the production, testing, and labeling requirements established by rule of the state licensing authority.

(f) The state licensing authority, in coordination with the department of public health and environment, may promulgate rules to:

(I) Classify a marijuana-derived compound or cannabinoid that is not classified in this subsection (3);

(II) Reclassify a marijuana-derived compound or cannabinoid classified in this subsection (3) if:

(A) The state has adopted or federal law has established a process to review and approve marijuana-derived compounds or cannabinoids;

(B) The review and approval process described in subsection (3)(f)(II)(A) of this section evaluates the intoxicating potential of the marijuana-derived compound or cannabinoid; and

(C) The reclassification is based on the findings of the process and evaluation described in subsections (3)(f)(II)(A) and (3)(f)(II)(B) of this section.

(g) To reclassify a marijuana-derived compound or cannabinoid, under subsection (3)(f) of this section, the reclassification must:

(I) Be supported by peer-reviewed research or clinical trials establishing to a reasonable degree of scientific certainty that the marijuana-derived compound or cannabinoid or the product containing a marijuana-derived compound or cannabinoid should be reclassified; or

(II) Be based on a threat to human health, including substantial reports of intoxication or adverse health event reports.

(4) Rules. In addition to any powers listed in this section, the state licensing authority may promulgate rules:

(a) Necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or marijuana-derived compounds, unless otherwise permitted by this article 10 and the rules promulgated under this article 10; or

(b) Authorizing, prohibiting, or regulating marijuana-derived ingredients in medical or retail marijuana products that are compounds other than cannabinoids.

Source: L. 2023: Entire section added, (SB 23-271), ch. 444, p. 2610, § 4, effective June 7.

PART 3

LICENSING PROCEDURES