8 Colo. Code Regs. § 1203-26, pt. 6

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

Part 6 - Statements of Basis, Specific Statutory Authority and Purpose

6.1.Adopted November 9, 2016 - Effective December, 30, 2016

Statutory Authority

These Rules are being promulgated pursuant to section 24-20-112(1), C.R.S., in accordance with Executive Order D 2016-009.

Purpose of These Rules

The purpose of these Rules is to implement the statutory directive set forth in section 24-20-112(1) C.R.S., as specified in Executive Order D 2016-009, to designate the criteria for determining which pesticides may be used in the cultivation of Retail Marijuana.

Factual Basis and Policy Issues

1. Section 24-20-112(1) C.R.S., requires the government to designate a state agency to promulgate rules to establish the criteria for determining which pesticides may be legally used in the cultivation of Retail Marijuana.

2. Executive Order D 2016-009 assignes this responsibility to the Colorado Department of Agriculture.

3. On March 30, 2016, the Colorado Department of Agriculture adopted Rules under the Pesticide Applicators' Act governing the use of pesticides for the cultivation of all Cannabis, published at 8 CCR 1203-2.

4. These Rules, which pursuant to section 24-20-112(1), C.R.S., apply only to Retail Marijuana, set forth the same criteria established for all Cannabis in the Pesticide Applicators' Act Rules.

6.2.Adopted February 22, 2018 - Effective April 15, 2018

Statutory Authority

These Rules are being promulgated pursuant to § 24-20-112(1), C.R.S., in accordance with Executive Order D 2016-009.

Purpose

The purpose of these Rules is to add required provisions to incorporate federal statutory provisions by reference pursuant to § 24-4-103 (12.5)(a), C.R.S. Specifically, these Rules:

1. Amend the title to Part 1 of the Rule to include "Incorporation by Reference".

2. Amend Part 1 by adding a new Rule 1.8 to address the incorporation by reference provisions.

3. Amend Rules 2.4.1.1 , 2.4.2.1 , and 2.4.4 by updating the edition date of the cited Code of Federal Regulations ("C.F.R.").

4. Amend Rule 2.3 to allow the use of unregistered pesticides in the cultivation of retail marijuana for research and demonstration purposes only.

Factual and Policy Issues

The factual and policy issues encountered when developing these Rules include:

1. On November 9, 2016, the Commissioner adopted Rules in accordance with Executive Order D 2016-009 to establish criteria for determining which pesticides may be legally used in the cultivation of Retail Marijuana. In this Rule the Department referenced the C.F.R.

2. On November 6, 2017, the Department was notified by the Office of Legislative Legal Services that the Department's C.F.R. references incorporated into Rule did not comply with the requirements of § 24-4-103 (12.5)(a), C.R.S.

3. The proposed Rule changes amend the title of Part 1 to add "Incorporations by Reference" and add a new Rule 1.8 to meet required provisions to incorporate by reference set forth in § 24-4-103 (12.5)(a), C.R.S.

4. Rules 2.4.1.1 , 2.4.2.1 , and 2.4.4 are amended to update the C.F.R. edition date to meet required provisions of incorporate by reference as set forth in § 24-4-103 (12.5)(a), C.R.S.

5. On November 9, 2016, the Commissioner adopted Rules that outlined the criteria for which pesticides may be applied in the cultivation of retail marijuana. Specifically, Rule 2.3 limited the use of pesticides in the cultivation of retail marijuana to registered pesticides only. In May 2017, HB 1367 was passed to allow marijuana cultivators and other persons to conduct research and demonstration activities related to pesticide use on marijuana. Research and demonstration activities are for the purpose of developing data on currently unregistered pesticides or pesticides that are not registered for a specific use. The Department proposes to amend Rule 2.3 to allow the use of unregistered pesticides in the cultivation of retail marijuana for research and demonstration purposes in accordance with the intent of HB 1367 and 40 C.F.R. Part 172.

8 CCR 1203-26, pt. 6

39 CR 23, December 10, 2016, effective 12/30/2016

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