Colorado § 35-61-101 Definitions

Colorado Statutes

§ 35-61-101 — Definitions

Colorado·Title 35 Agriculture·Art. Industrial Hemp Regulatory Program

As used in this article 61, unless the context otherwise requires:

(1)Acceptable hemp THC level means when the application of the measurement of uncertainty to the reported delta-9 THC content concentration level on a dry weight basis produces a distribution or range that includes three-tenths of one percent or less. (1.3) Authorized sampler means an employee of the Colorado department of agriculture or a registrant who has been authorized by the commissioner to collect and handle industrial hemp samples. (1.5) Certified seed means seed certified by a seed certifying agency pursuant to article 27 of this title 35 and includes foundation and registered seed.

(2)Certifying agency means the seed certification service of the authorized board of governors of the Colorado state univ

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As used in this article 61, unless the context
otherwise requires:

(1) Acceptable hemp THC level means when the application of the
measurement of uncertainty to the reported delta-9 THC content concentration
level on a dry weight basis produces a distribution or range that includes three-tenths of one percent or less.

(1.3) Authorized sampler means an employee of the Colorado department
of agriculture or a registrant who has been authorized by the commissioner to
collect and handle industrial hemp samples.

(1.5) Certified seed means seed certified by a seed certifying agency
pursuant to article 27 of this title 35 and includes foundation and registered seed.

(2) Certifying agency means the seed certification service of the
authorized board of governors of the Colorado state university system or the
authorized seed certifying agency of another state.

(3) Commissioner means the commissioner of agriculture or the
commissioner's designee.

(4) Committee means the industrial hemp advisory committee established
in section 35-61-103.

(4.3) Cross-pollination means the transfer of pollen from one plant to the
flower of another plant.

(5) Delta-9 tetrahydrocannabinols or delta-9 THC has the same meaning
as tetrahydrocannabinols as set forth in section 27-80-203 (24). Delta-9 THC is
the primary psychoactive component of cannabis. For purposes of this article 61,
the terms delta-9 THC and THC are interchangeable.

(6) Department means the department of agriculture.

(6.5) Fund means the industrial hemp registration program cash fund
created in section 35-61-106 (1).

(7) Industrial hemp or hemp means the plant Cannabis sativa L. and any
part of the plant, including the seeds of the plant and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of
one percent on a dry-weight basis.

(7.3) (a) Key participant means a sole proprietor, a partner in a partnership,
a person with executive managerial control in a corporation, or faculty at an
institution of higher education. A person with executive managerial control includes
persons such as a chief executive officer, chief operating officer, or chief financial
officer.

(b) Key participant does not include nonexecutive managers such as farm,
field, or shift managers.

(7.4) Licensed outdoor marijuana cultivation means the licensed premises,
as defined in section 44-10-103 (24), used for outdoor cultivation of marijuana.

(7.6) Marijuana has the same meaning as regulated marijuana as defined
in section 44-10-103 (54).

(7.7) Measurement of uncertainty means the parameter associated with
the results of a measurement that characterizes the dispersion of the values that
could reasonably be attributed to the particular quantity subject to measurement.

(7.8) (a) Outdoor cultivation means:

(I) A registered outdoor hemp cultivation;

(II) A licensed outdoor marijuana cultivation;

(III) The premises for which a person applies for registration to engage in
outdoor cultivation of hemp or a license to engage in outdoor cultivation of
marijuana; or

(IV) The premises on which a person previously had a registered outdoor
hemp cultivation or a licensed outdoor marijuana cultivation.

(b) Outdoor cultivation, with respect to marijuana, means a licensed
marijuana grow that operates seasonally within a temporary greenhouse or on an
open plot of land.

(c) Outdoor cultivation, with respect to marijuana, does not include a
licensed marijuana grow that operates year-round within a constructed facility or
permanent greenhouse.

(8) Person means any individual, natural person, corporation, company,
limited liability company, partnership, association, or other legal entity.

(8.4) Registered outdoor hemp cultivation means the premises that are
subject to registration under section 35-61-104 and are used for outdoor cultivation
of hemp.

(8.7) State licensing authority means the state licensing authority created
in section 44-10-201 for the purpose of regulating and controlling the licensing of
the cultivation, manufacture, distribution, sale, and testing of marijuana in this
state.

(9) Total THC means the molar sum of THC and tetrahydrocannabinolic
acid (THCA).

(10) Volunteer cannabis plant means a cannabis plant growing
spontaneously without direct human control or supervision.

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Legislative History

Source: L. 2013: Entire article added with relocations, (SB 13-241), ch. 342, p. 1992, � 1, effective May 28. L. 2014: Entire section amended, (SB 14-184), ch. 315, p. 1366, � 1, effective May 31. L. 2017: IP amended and (8) added, (HB 17-1148), ch. 79, p. 250, � 1, effective March 23. L. 2019: (1) and (7) amended, (SB 19-220), ch. 350, p. 3240, � 2, effective May 29. L. 2020: (1), (2), (4), and (5) amended and (1.3), (1.5), (7.3), (7.7) and (9) added, (SB 20-197), ch. 194, p. 899, � 1, effective September 14. L. 2021: (3) amended and (4.3), (7.4), (7.6), (7.8), (8.4), (8.7), and (10) added, (HB 21-1301), ch. 304, p. 1822, � 1, effective September 7. L. 2022: (7.3) amended, (HB 22-1405), ch. 403, p. 2871, � 1, effective June 7. L. 2025: (6.5) added, (SB 25-275), ch. 377, p. 2097, � 288, effective August 6.