2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS - CONTINUED (§§ 35-60-101 — 35-61-114) › Article 61 - INDUSTRIAL HEMP REGULATORY PROGRAM (§§ 35-61-101 — 35-61-114) › Section 35-61-104 - Registration - cultivation of industrial hemp - research and development growth - hemp management plan - rules

(1)
(a)
A person wishing to engage in industrial hemp cultivation shall apply to the department for a registration in a form and manner determined by the commissioner prior to planting the industrial hemp. The application must include the name and address of the applicant and all key participants and the legal description, global positioning system location, and map of the land area on which the applicant plans to engage in industrial hemp cultivation. The applicant shall also submit to the department the fee required by section
35-61-106 (2)
. Application for registration pursuant to this section is a matter of statewide concern.
(b)
Repealed.
(c)
With the submission of an application for registration, each key participant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the department for the purpose of conducting fingerprint-based criminal history record checks. If received by the department, the department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commissioner. When the results of a fingerprint-based criminal history record check reveal a record of arrest without a disposition, the department shall require a key participant to submit a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
. The commissioner shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether a key participant is qualified to be registered. The key participant shall pay the costs associated with the fingerprint-based criminal history record check.
(2)
If a person applies for registration in accordance with subsection (1) of this section and the commissioner determines that the person has satisfied the requirements for registration pursuant to this article 61, the commissioner may issue a registration to the person.
(3)
(a)
A registration issued pursuant to this section is valid for one year from the date of its issuance.
(b)
To continue engaging in industrial hemp cultivation or research and development growth operations in this state after a registration's expiration, a registrant must apply for renewal of its registration in accordance with rules adopted by the commissioner setting forth application renewal and review processes and setting a registration renewal fee.
(4)
If the registrant wishes to alter the land area on which the registrant will conduct industrial hemp cultivation or research and development growth operations, before altering the area, the registrant shall submit to the department an updated legal description, global positioning system location, and map specifying the proposed alterations.
(5)
The commissioner shall adopt rules as necessary to implement and administer this article 61.
(6)
The commissioner or the commissioner's designee shall submit a hemp management plan in accordance with the requirements and timelines prescribed by the secretary of the United States department of agriculture pursuant to the "Agriculture Improvement Act of 2018", Pub.L. 115-334, as amended, for approval by the secretary.
(7)
Except as otherwise prohibited by law, the commissioner may establish separate registration and waiver requirements for research and development cultivation of industrial hemp.
Amended by 2022 Ch. 114, § 53, eff. 4/21/2022.
Amended by 2020 Ch. 194, § 4, eff. 9/1/2020.
Amended by 2019 Ch. 350, § 3, eff. 5/29/2019.
Amended by 2017 Ch. 79, § 2, eff. 3/23/2017.
L. 2013: Entire article added with relocations, (SB 13-241), ch. 1994, p. 1994, § 1, effective May 28. L. 2014: (1)(a) and (2) amended, (SB 14-184), ch. 1367, p. 1367, § 4, effective May 31. L. 2017: (1)(a) amended, (HB 17 -1148), ch. 250, p. 250, § 2, effective March 23. L. 2019: (1)(b) repealed, (3) and (5) amended, and (6) added, (SB 19-220), ch. 3240, p. 3240, § 3, effective May 29. L. 2020: (1)(a), (2), and (6) amended and (1)(c) and (7) added, (SB 20-197), ch. 901, p. 901, § 4, effective September 14.
2020 Ch. 194, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 19-220, see section 1 of chapter 350, Session Laws of Colorado 2019.