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 35-61-107 - Violations - penalties - denial of registration - application

(1)
The commissioner may deny, revoke, or suspend a registration if the applicant or registrant:
(a)
Violates any provision of this article or rules adopted pursuant to this article;
(b)
Engages in fraud or deception in the procurement of or attempt to procure a registration under this article or provides false information on a registration application; or
(c)
Fails to comply with any lawful order of the commissioner.
(2)
The commissioner may impose a civil penalty, not to exceed two thousand five hundred dollars per violation, on any person who violates this article or any rule adopted under this article.
(3)
The commissioner shall not impose a penalty against a person alleged to have violated this article or a rule adopted under this article until the commissioner has notified the person of the charge and has given the person an opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(4)
If the commissioner is unable to collect a civil penalty or if a person fails to pay all or a portion of a civil penalty imposed pursuant to this section, the commissioner may bring an action in a court of competent jurisdiction to recover the civil penalty plus attorney fees and costs.
(5)
Cannabis plants exceeding the acceptable hemp THC level must be disposed of in accordance with rules established by the commissioner.
(6)
Notwithstanding any other provision of this article 61, for up to three years after the effective date of the suspension, revocation, or relinquishment of a registration, the commissioner may deny an application for registration if:
(a)
The applicant or any key participant is an individual who was previously listed as participating in an entity pursuant to section
35-61-104
and that individual or entity was subjected to discipline under this article 61; or
(b)
The applicant or any key participant is an entity that lists an individual as participating in the entity pursuant to section
35-61-104
and the individual was previously listed as a participating person or key participant in an entity that was subjected to discipline under this article 61.
(7)
If a person's registration, including any key participant to the registration, is suspended, revoked, or voluntarily relinquished for a violation of this section, the commissioner may deny a new application for registration for that person for up to three years after the effective date of the suspension, revocation, or relinquishment.
Amended by 2020 Ch. 194,§ 9, eff. 9/1/2020.
Amended by 2017 Ch. 79,§ 3, eff. 3/23/2017.
L. 2013: Entire article added with relocations, (SB 13-241), ch. 1996, p. 1996, § 1, effective May 28. L. 2014: (5) added, (SB 14-184), ch. 1369, p. 1369, § 7, effective May 31. L. 2017: (6) and (7) added, (HB 17-1148), ch. 251, p. 251, § 3, effective March 23. L. 2020: (5) to (7) amended, (SB 20-197), ch. 904, p. 904, § 9, effective September 14.
2020 Ch. 194, was passed without a safety clause. See Colo. Const. art. V, § 1(3).