First Regular Session

Sixty-first General Assembly

LLS NO. 97­0430.01 PLC HOUSE BILL 97­1274

STATE OF COLORADO

BY REPRESENTATIVE K. Alexander;

also SENATOR Matsunaka.

AGRICULTURE, LIVESTOCK

& NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING THE INTRODUCTION OF ALTERNATIVE FIBER CROPS IN COLORADO.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Authorizes Colorado state university, in cooperation with the commissioner of agriculture, to grow test plots of industrial hemp, sunnhemp, and kenaf in order to research their use as alternative fiber crops.

Creates the Colorado alternative fiber crop committee to investigate the potential of industrial hemp, sunnhemp, and kenaf for use as an alternative fiber crop. Requires the committee to make recommendations to the commissioner based upon its investigation.

Allows the committee to solicit gifts, grants, and donations to fund the research.

Requires the commissioner and Colorado state university to report and make recommendations to the general assembly concerning both the agronomic study performed by Colorado state university and the investigation performed by the Colorado alternative fiber crop committee.

Specifies that these studies do not affect the strict control of marijuana in this state.

Repeals the article on July 1, 2000.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 35, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 27.7

Alternative Fiber Crop Development Act

35­27.7­101.  Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "ALTERNATIVE FIBER CROP DEVELOPMENT ACT".

35­27.7­102.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FIND, DETERMINES, AND DECLARES THAT COLORADO FARMERS AND RANCHERS NEED ALTERNATIVE FIBER CROPS IN ORDER TO SURVIVE. CROPS SUCH AS INDUSTRIAL HEMP, KENAF, AND SUNNHEMP ARE PROMISING FIBER, SEED, AND OIL CROPS. THESE CROPS CAN HELP REVITALIZE COLORADO'S FARM ECONOMY BY SPAWNING THE DEVELOPMENT OF NEW VALUE­ADDED INDUSTRIES IN RURAL AREAS. THERE IS A WORLD­WIDE SHORTAGE OF FIBER AND A HIGH DEMAND FOR NON­WOOD FIBER PRODUCTS. IT IS IN THE BEST INTEREST OF THE STATE ECONOMY TO PURSUE RESEARCH INTO THE VIABILITY AND MARKETS FOR THESE CROPS TO BENEFIT COLORADO FARMERS AND RANCHERS. THE GENERAL ASSEMBLY FURTHER FINDS THAT RESEARCH CONCERNING THE AGRONOMIC CHARACTERISTICS OF THESE FIBER CROPS, RECOMMENDATIONS FOR THE REGULATION OF FUTURE COMMERCIAL FIBER CROP PRODUCTION, AND INVESTIGATION OF MARKETS FOR FIBER CROPS IS NECESSARY FOR THE BENEFIT OF THE CITIZENS OF COLORADO.

35­27.7­103.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE.

(2)  "COMMITTEE" MEANS THE COLORADO ALTERNATIVE FIBER CROP COMMITTEE CREATED PURSUANT TO SECTION 35­27.7­105.

(3)  "INDUSTRIAL HEMP" MEANS ALL PARTS AND VARIETIES OF THE PLANT CANNABIS SATIVA, WHETHER GROWING OR NOT, CULTIVATED EXCLUSIVELY FOR INDUSTRIAL PURPOSES THAT MEET THE CRITERIA ESTABLISHED BY THE COMMISSIONER BY RULE PURSUANT TO SECTION 35­27.7­104 (4). "INDUSTRIAL HEMP" IS NOT PSYCHOACTIVE AND IS SEPARATE AND DISTINCT FROM MARIHUANA OR MARIJUANA.

(4)  "INDUSTRIAL HEMP PRODUCTS" MEANS ALL PRODUCTS MADE FROM INDUSTRIAL HEMP, INCLUDING BUT NOT LIMITED TO CLOTH, CORDAGE, FIBER, FOOD, FUEL, PAINT, PAPER, PARTICLE BOARD, PLASTICS, STERILIZED SEED, SEED MEAL, SEED OIL, AND VIABLE SEED FOR INDUSTRIAL HEMP CULTIVATION IF SUCH SEEDS ARE OBTAINED THROUGH THE COMMISSIONER BY RULE PURSUANT TO SECTION 35­27.7­104 (4).

(5)  "KENAF" MEANS THE PLANT HYBISCUS CANNABINUS.

(6)  "MARIHUANA" OR "MARIJUANA" MEANS ALL PARTS OF THE PLANT CANNABIS SATIVA, WHETHER GROWING OR NOT, THE RESIN EXTRACTED FROM ANY PART OF THE PLANT, EVERY COMPOUND MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESINS, IF NOT OBTAINED FROM THE COMMISSIONER AS PERMITTED BY RULE PURSUANT TO SECTION 35­27.7­104 (4). "MARIHUANA" OR "MARIJUANA" DOES NOT INCLUDE INDUSTRIAL HEMP OR INDUSTRIAL HEMP PRODUCTS.

(7)  "MARIHUANA CONCENTRATE" MEANS HASHISH, TETRAHYDROCANNABINOLS, OR ANY ALKALOID, SALT, DERIVATIVE, PREPARATION, COMPOUND, OR MIXTURE, WHETHER NATURAL OR SYNTHESIZED OF TETRAHYDROCANNABINOLS. "MARIHUANA CONCENTRATE" DOES NOT INCLUDE INDUSTRIAL HEMP OR INDUSTRIAL HEMP PRODUCTS.

(8)  "TETRAHYDROCANNABINOLS" OR "THC" MEANS THE SAME AS THE DEFINITION SET FORTH IN SECTION 12­22­303 (32), C.R.S.

(9)  "SUNNHEMP" MEANS THE PLANT CROTALARIA JUNCEA.

35­27.7­104.  Colorado state university ­ agronomic research ­ reports ­ commissioner of agriculture authority. (1)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COLORADO STATE UNIVERSITY IS AUTHORIZED TO UNDERTAKE AND SUPERVISE AGRONOMIC RESEARCH INTO INDUSTRIAL HEMP, SUNNHEMP, AND KENAF FOR THEIR USE AS ALTERNATIVE FIBER CROPS. COLORADO STATE UNIVERSITY MAY COLLABORATE WITH OTHER RESEARCH UNIVERSITIES IN CONDUCTING THIS RESEARCH. THE COMMISSIONER SHALL OVERSEE THE RESEARCH BY COLORADO STATE UNIVERSITY. SUCH RESEARCH SHALL BE MUTUALLY AGREED UPON BY THE COMMISSIONER AND COLORADO STATE UNIVERSITY AND SHALL INCLUDE THE FOLLOWING:

(a)  TWO TEST PLOTS OF NO MORE THAN FIVE ACRES EACH OF INDUSTRIAL HEMP, SUNNHEMP, AND KENAF CULTIVATED WITH DIFFERENT IRRIGATION, ELEVATION, AND SOIL CONDITIONS. THESE TEST PLOTS ARE TO BE ESTABLISHED IN THE 1998 GROWING SEASON.

(b)  FOUR TEST PLOTS OF NO MORE THAN TEN ACRES EACH CULTIVATED WITH DIFFERENT IRRIGATION, ELEVATION, AND SOIL CONDITIONS. THESE TEST PLOTS ARE TO BE ESTABLISHED FOR THE 1999 GROWING SEASON.

(2)  THE COMMISSIONER AND COLORADO STATE UNIVERSITY SHALL ISSUE JOINT REPORTS TO THE GENERAL ASSEMBLY CONCERNING THE FINDINGS OF THE AGRONOMIC RESEARCH. THE FIRST REPORT SHALL BE MADE BY JANUARY 15, 1999. THE FINAL REPORT SHALL BE MADE BY DECEMBER 15, 1999. THE REPORTS SHALL CONTAIN:

(a)  RESULTS OF THE AGRONOMIC RESEARCH, INCLUDING BUT NOT LIMITED TO DIFFERENTIAL FIBER YIELDS AND AGRONOMIC VIABILITY OF INDUSTRIAL HEMP, SUNNHEMP, AND KENAF, WATER USE PER YIELD PRODUCTION FUNCTIONS, TIMING OF WATER STRESS EFFECTS ON PRODUCTIVITY, OPTIMUM PLANTING DATES AND POPULATIONS, FERTILITY REQUIREMENTS, INSECT AND PATHOGEN PROBLEMS, WEED CONTROL, AFTER­HARVEST RESIDUE CHARACTERISTICS AND SOIL EROSION POTENTIAL, GROWTH RATES AS INFLUENCED BY ENVIRONMENTAL CONDITIONS, AND OPTIMUM HARVEST TIMING AND METHODS;

(b)  RESULTS OF THE CHEMICAL ANALYSIS OF THE INDUSTRIAL HEMP PLANTS, INCLUDING BUT NOT LIMITED TO THC AND CANNABIDIOL CONCENTRATIONS OBTAINED FROM THE TEST PLOTS AND THE METHODS USED TO SAMPLE THE INDUSTRIAL HEMP CROP; AND

(3)  THE FINAL REPORT SHALL INCLUDE RECOMMENDATIONS FOR LEGISLATION TO DEFINE INDUSTRIAL HEMP AS DISTINCT FROM MARIHUANA OR MARIHUANA CONCENTRATE, REGULATIONS, IF ANY, THAT MAY BE NECESSARY FOR THE COMMERCIAL INDUSTRIAL HEMP AND ALTERNATIVE FIBER CROP INDUSTRY, AND THE RECOMMENDATIONS MADE BY THE COLORADO ALTERNATIVE FIBER CROP COMMITTEE PURSUANT TO SECTION 35­27.7­105 (4) (b).

(4)  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE THE RULES NECESSARY TO IMPLEMENT THIS SECTION IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S. SUCH RULES SHALL INCLUDE AT A MINIMUM:

(a)  CRITERIA FOR INDUSTRIAL HEMP PARTS AND VARIETIES TO BE USED IN TEST PLOTS;

(b)  CRITERIA FOR VIABLE INDUSTRIAL HEMP SEEDS TO BE USED IN TEST PLOTS.

35­27.7­105.  Colorado alternative fiber crop committee ­ mission ­ appointments ­ report. (1)  THE COLORADO ALTERNATIVE FIBER CROP COMMITTEE IS HEREBY CREATED AND SHALL BE COMPOSED OF NINE MEMBERS WHO SHALL BE APPOINTED BY THE COMMISSIONER FOR A TERM OF TWO YEARS. THE MEMBERS SHALL INCLUDE THE FOLLOWING REPRESENTATION:

(a)  ONE MEMBER SHALL BE A REPRESENTATIVE OF THE COLORADO DEPARTMENT OF AGRICULTURE;

(b)  ONE MEMBER SHALL BE A REPRESENTATIVE FROM COLORADO STATE UNIVERSITY'S DEPARTMENT OF SOIL AND CROP SCIENCE;

(c)  THREE MEMBERS SHALL HAVE A MINIMUM OF FIVE YEARS EXPERIENCE IN COLORADO AS A COMMERCIAL FARMER OR RANCHER AND BE FAMILIAR WITH INDUSTRIAL HEMP, SUNNHEMP, OR KENAF;

(d)  ONE MEMBER SHALL HAVE A MINIMUM OF FIVE YEARS PUBLIC ADVOCACY OF INDUSTRIAL HEMP AND COMMERCIAL INDUSTRIAL HEMP PRODUCTS;

(e)  ONE MEMBER SHALL BE A REPRESENTATIVE OF THE COLORADO STATE PATROL;

(f)  ONE MEMBER SHALL BE A REPRESENTATIVE OF THE COUNTY SHERIFFS OF COLORADO; AND

(g)  ONE MEMBER SHALL BE A PERSON THAT THE COMMISSIONER BELIEVES WILL BEST REPRESENT THE STATE IN THE DEVELOPMENT OF ALTERNATIVE CROP FIBERS SUCH AS INDUSTRIAL HEMP, SUNNHEMP, AND KENAF.

(2)  THE COLORADO ALTERNATIVE FIBER CROP COMMITTEE SHALL RESEARCH INDUSTRIAL HEMP REGULATION POLICIES IN OTHER AREAS, INCLUDING COUNTRIES OTHER THAN THE UNITED STATES, AND MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR SIMILAR POLICIES IN COLORADO. THE COMMITTEE MAY RECOMMEND LEGISLATION TO ALLOW PERMANENT COMMERCIAL PRODUCTION OF INDUSTRIAL HEMP, SUNNHEMP, AND KENAF. THE RECOMMENDATIONS SHALL ENSURE THAT FARMERS AND RANCHERS WILL BE ABLE TO PRODUCE THESE ALTERNATIVE FIBER CROPS, SPECIFICALLY INDUSTRIAL HEMP, SAFELY AND PROFITABLY. THE COMMITTEE SHALL INVESTIGATE EXISTING AND POTENTIAL MARKETS FOR INDUSTRIAL HEMP, BOTH IN COLORADO AND ELSEWHERE. THE COMMISSIONER SHALL INCLUDE THE FINAL RECOMMENDATIONS OF THE COMMITTEE IN THE FINAL REPORT TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 35­27.7­104 (3).

(3)  THE COMMITTEE IS AUTHORIZED TO FUND THIS RESEARCH FROM GIFTS, GRANTS, AND DONATIONS FROM INDIVIDUALS, PRIVATE ORGANIZATIONS, FOUNDATIONS, OR ANY GOVERNMENTAL UNIT; EXCEPT THAT NO GIFT, GRANT, OR DONATION MAY BE ACCEPTED BY THE COMMITTEE IF IT IS SUBJECT TO CONDITIONS WHICH ARE INCONSISTENT WITH THIS ARTICLE OR ANY OTHER LAWS OF THIS STATE. THE COMMITTEE SHALL HAVE THE POWER TO DIRECT THE DISPOSITION OF ANY SUCH GIFT, GRANT, OR DONATION FOR THE PURPOSES OF THIS ARTICLE.

(4) (a)  THE COMMITTEE SHALL ISSUE A PRELIMINARY REPORT TO THE COMMISSIONER CONCERNING THE STATUS OF ITS RECOMMENDATIONS, AND THE METHODS OF INVESTIGATION USED, BY NOVEMBER 15, 1997. THE COMMISSIONER SHALL REVIEW THE REPORT AND MAKE RECOMMENDATIONS TO THE COMMITTEE CONCERNING THE SCOPE AND CONTENTS OF ITS FINAL REPORT.

(b)  THE COMMITTEE SHALL ISSUE ITS FINAL REPORT TO THE COMMISSIONER BY DECEMBER 15, 1999. THE REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, POLICIES FOR LICENSING OR REGISTERING FARMERS TO GROW INDUSTRIAL HEMP, METHODS FOR INSPECTION OF FIELDS, RECORD KEEPING, PENALTIES, POTENTIAL PROBLEM ISSUES, AND WHETHER THE COMMITTEE SHOULD CONTINUE ITS INVESTIGATION.

35­27.7­106.  Controlled substance laws relating to marihuana. EXCEPT AS SPECIFIED OTHERWISE BY THIS ARTICLE, ALL LAWS CONCERNING THE STRICT CONTROL OF MARIHUANA AND MARIHUANA CONCENTRATE AS A CONTROLLED SUBSTANCE SHALL REMAIN IN EFFECT.

35­27.7­107.  Repeal of article. THIS ARTICLE IS REPEALED, JULY 1, 2000.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.