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Legislative Year: 2021 Change

Bill Detail: HB21-1301

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Title Cannabis Outdoor Cultivation Measures
Status Governor Signed (06/23/2021)
Bill Subjects
  • Agriculture
  • Liquor, Tobacco, & Marijuana
House Sponsors D. Esgar (D)
R. Holtorf (R)
Senate Sponsors D. Coram (R)
D. Moreno (D)
House Committee Agriculture, Livestock, and Water
Senate Committee Finance
Date Introduced 05/04/2021

Section 1 defines cross-pollination, farm, licensed outdoor
marijuana farm, volunteer plant, and registered outdoor hemp farm

in connection with the convening of a working group in section 2 to
examine measures to minimize cross-pollination between cannabis plants.
Section 4 requires the state licensing authority to convene a
working group on or before November 1, 2021, to examine existing rules
and tax laws that apply to the wholesale marijuana cultivation market to
explore how the rules and laws could be amended to better position
Colorado businesses to be competitive in interstate commerce if
marijuana is legalized federally. The working group is required to report
its findings and recommendations to the executive director of the
department of revenue and the general assembly on or before June 1,
Section 5 requires the state licensing authority to engage in
rule-making on:
  • The process, procedures, and requirements for contingency
plans for outdoor marijuana cultivation facilities to
ameliorate crop loss due to adverse weather;
  • Procedures for outdoor marijuana cultivation facilities to
follow to temporarily cover crops to protect them from
extreme weather; and
  • Procedures for the conditional issuance of an employee
license identification card.
Sections 6 and 7 authorize medical marijuana cultivation and
retail marijuana cultivation facility licensees with outdoor cultivation
facilities, starting January 1, 2022, to file with the state licensing authority
a contingency plan for when there is a threat to operations due to an
adverse weather event and, if approved, to follow the plan if there is an
adverse weather event.
Before January 1, 2022, sections 6 and 7 authorize a medical
marijuana cultivation facility licensee or a retail marijuana cultivation
facility licensee with outdoor cultivation facilities to take reasonable and
necessary steps to ameliorate crop loss due to an adverse weather event.
The action is not a violation of state law or rules or local law or
regulations unless the state licensing authority or a local authority can
show that the action was not reasonable and necessary to prevent or
ameliorate crop loss due to an adverse weather event.
Section 3 defines adverse weather event to mean damaging
weather, such as drought, freeze, hail, excessive moisture, excessive
wind, or tornado or an adverse natural occurrence, such as an earthquake
or a flood.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (09/21/2021) (most recent)  
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