8 Colo. Code Regs. § 1203-23, pt. 2

Current through Register Vol. 48, No. 1, January 10, 2025

Part 2 - REGISTRATION

2.1 Each applicant for a Commercial Hemp Registration must submit a signed, complete, accurate and legible application form provided by the Commissioner and receive, notification of registration from the Department prior to planting, which application will include, in part, the following information:

2.1.1 The name and address of the applicant and a list of all key participants, including the full name, title, and email addresses for each key participant.

2.1.2 Type of entity, such as corporation, LLC, partnership, or sole proprietor including the entity's employee identification number, the principal business location address, telephone number, and e-mail address (if available).

2.1.3 The Secretary of State ID Number under which a corporate entity is doing business.

2.1.4 The legal description (Section, Township, Range) in which the growing area is located.

2.1.5 The global positioning system location coordinates taken at the approximate center of the Registered Land Area.

2.1.6 A map of the land area on which the applicant plans to cultivate Hemp, showing the boundaries and dimensions of the land area(s) whether in acres or square feet or both as appropriate.

2.1.7 Statement of any known intended use and varieties.

2.1.8 By submitting an application the Registrant acknowledges and agrees to the following terms and conditions:

2.1.8.1 The Registrant shall allow and fully cooperate with any inspection and sampling conducted by the Department.

2.1.8.2 The Registrant shall pay for any inspection and laboratory analysis costs that the Department deems necessary within 30 days of the date of the invoice.

2.1.8.3 The Registrant shall submit all required reports when due.

2.1.9 A Registrant must have the legal right to cultivate Hemp on the Registered Land Area and the legal authority to grant the Department and any authorized sampler access for inspection and sampling.

2.2 Each applicant for an R&D Hemp Registration shall submit a signed, complete, accurate and legible application form provided by the Commissioner prior to planting which includes the following information:

2.2.1 The name and address of the applicant.

2.2.2 Type of organization.

2.2.3 Organization name(s) if different from (2.2.1) above.

2.2.4 The legal description (Section, Township, Range) in which the growing area is located.

2.2.5 The global positioning system location coordinates taken at the approximate center of the Registered Land Area.

2.2.6 A map of the land area on which the applicant plans to cultivate Industrial Hemp, showing the boundaries and dimensions of the land area whether in acres or square feet or both as appropriate.

2.2.7 The Registrant's URL to the website where it will share with the public or publish its research.

2.2.8 The scope and standard operating procedures for production of hemp in the research project, including a narrative of the planned research project.

2.2.9 The disposal plan for all hemp produced.

2.2.10 By submitting an application the Registrant acknowledges and agrees to the following terms and conditions:

2.2.10.1 The Registrant shall allow and fully cooperate with any inspection and sampling conducted by the Department.

2.2.10.2 The Registrant shall pay for any inspection and laboratory analysis costs conducted by the Department within 30 days of the date of the invoice including any costs assessed by any authorized sampler and the costs assessed by any laboratory for sampling the THC content of any sample taken.

2.2.10.3 The Registrant shall submit all required reports when due.

2.3 No person may cultivate any hemp in a proposed registered land area until the Commissioner has approved and issued a registration.

2.4 Registrations are non-transferable.

2.5 No Hemp plant may be included in more than one Registration simultaneously.

2.6 Except for R&D registrations, no Registered Land Area may contain non-compliant hemp plants or parts thereof that the Registrant knows or has reason to know are of a variety that will produce a plant that when tested will produce more than 0.3% total THC concentration on a dry weight basis. No Registrant may use any such variety for any purpose associated with the cultivation of Hemp.

2.7 Each noncontiguous land area on which Hemp is grown must have a unique Registration. Any addition to a Registered Land Area must also have a separate Registration.

2.8 In addition to the application form, each applicant for a Registration must submit the Registration fee set by the Commissioner. If the Registration fee does not accompany the application, the application for Registration will be deemed incomplete.

2.9 The annual Registration fee for Commercial production of Hemp is $500 plus $5.00/acre outdoors or $3.00/1000 sq. ft. indoors.

2.10 The annual Registration fee for R&D production of Hemp is $500 plus $5.00/acre outdoors or $3.00/1000 sq. ft. indoors. Application fees for R&D registrations may be waived for institutions of higher education.

2.11 All Registrations shall be valid for one year from date of issuance.

2.12 All Hemp plant material must be planted, grown and harvested under a valid Registration. Any plant material that is not harvested in the Registration period in which it was planted and any volunteer plants that are not destroyed must be declared for inclusion in a subsequent Registration.

2.13 Any Registrant that wishes to alter the growing area(s) on which the Registrant will conduct Hemp cultivation for either Commercial or R&D purposes shall, before altering the area, submit to the Department an updated legal description, global positioning system location, and map specifying the proposed alterations. Amendments to an existing Registration are limited to changes within the original land area registered, including variety changes, location(s) of varieties, and actual acreage or square feet of each variety planted.

2.14 Incomplete applications will not be processed, and application fees will not be refunded if a Registration is not granted.

2.15 Any changes to contact information must be provided within 10 days of the change.

2.16 No Land area may be included in more than one Registration at the same time.

2.17 Plants grown for R&D cannot be moved into another registration.

8 CCR 1203-23, pt. 2

40 CR 05, March 10, 2017, effective 3/30/2017

41 CR 06, March 25, 2018, effective 4/15/2018

44 CR 13, July 10, 2021, effective 7/30/2021

44 CR 23, December 10, 2021, effective 12/31/2021