HaCKeRz Kr0nlcKLeZ 1/HaCKeRz Kr0nlcKLeZ.iso/drugs/co.ind.hemp.bill.95

Text File | 1996-05-06 | 8.9 KB | 173 lines

Newsgroups: alt.hemp,alt.drugs,talk.politics.drugs
Subject: Colo. Industrial Hemp Bill 1995
Message-ID: <[e-mail]>
From: [e-mail] (Colorado HIP)
Date: Mon, 28 Nov 1994 16:05:48 GMT

This is a draft of the bill to be submitted to the Colorado legislature
in Jan., 1995 to promote the cultivation of industrial (low-THC)
hemp as a cash fiber crop for Colorado farmers.
It was written by Thomas J. Ballanco, a law student at CU-Boulder and
it will be submitted to the Colo. legislature by state Senator Lloyd
Casey (D-Northglenn).

All comments about the language of the bill should go to Tom Ballanco at:
[e-mail]

CO-HIP will keep you informed of the bill's Progress.


Peace,
Laura

*********************************

An Act to reclassify the non-psychoactive varieties of the Cannabis plant as "Hemp," and to legalize possession, production
and commerce in the same.

XX-XX-101.  Short Title.  This article shall be known and may be cited as
the "Hemp Reclassification Act."

XX-XX-102.  Declaration of Policy.  The general assembly hereby finds,
determines, and declares that the development and use of hemp is in the
best interest of the state economy and that the production of hemp and
hemp products can be regulated so as not to interfere with the strict
control of controlled substances in the state.  It is the purpose of this
law to promote the public health, safety, and welfare by permitting the
development of a hemp industry, while maintaining the strict control of
marihuana.

XX-XX-103.  Definitions.  As used in this part 1, unless the context
otherwise requires:
   (1)  "Commissioner" means the commissioner of agriculture.
   (2)  "Grower" means any person, partnership, association, or
corporation that produces hemp.
   (3)  "Handler" means any person, partnership, association, or
corporation that receives hemp for processing into hemp products.
   (4)  "Hemp" means all parts and varieties of the plant cannabis
sativaL. and the plant cannabis indica, whether growing or not, which
contain less than one and four tenths percent (1.4%) concentration of
tetrahydrocannabinol ("THC") and contain cannabidol ("CBD") in sufficient
concentration to exceed the THC content.  "Hemp" is separate and distinct
from "marihuana" or "marijuana."
   (5)  "Hemp Products" means all products made from hemp, including, but
not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle
board, plastics or seed for cultivation.
   (6)  "Marihuana" or "marijuana" means all parts of the plant cannabis
sativa L. or the plant cannabis indica, whether growing or not, the resin
extracted from any part of the plant, and every compound manufacture,
salt, derivative, mixture, or preparation of the plant or its resins
which contains more than one and four tenths percent (1.4%) concentration
of tetrahydrocannabinol.  This meaning supercedes and amends the
definition set forth in section 12-22-303(17), C.R.S.
   (7)  "Marihuana concentrate" means hashish, tetrahydrocannabinols, or
any alkaloid, salt, derivative, preparation, compound, or mixture,
whether natural or synthesized, containing more than one and four tenths
percent (1.4%) concentration of tetrahydrocannabinols.  This meaning
supercedes and amends the definition set forth in section 12-22-303(18),
C.R.S.
   (8)  "Tetrahydrocannabinols" shall have the same meaning as set forth
in section 12-22-303(32), C.R.S.

XX-XX-104.  Hemp as an agricultural product.  Production, possession, and
commerce in hemp shall be permitted in the state of Colorado.  Hemp shall
be classified as an agricultural product and shall be subject to
regulation by the commissioner under Title 35, C.R.S.

XX-XX-105.  Licenses - application - fees - inspection.  (1) Every person
growing, buying, selling, or receiving hemp within this state shall
obtain, on or before April 1 of each year, from the department of
agriculture, a grower's or handler's license, applicable for each place
where such business is conducted.  A license shall not be transferable
and shall expire on March 31 of each year, and no reduction of license
fee shall be made for a fractional part of the year.  The commissioner
shall designate and identify sources where new licensees may obtain
industrial hemp seeds.  With the approval of the commissioner, licensed
growers may retain seeds from each crop to ensure a sufficient supply for
the following year.
   (2)(a)  After a grower's license is granted, the commissioner shall
conduct at least two inspections of the crop, during its growth phase.
The commissioner shall take samples of up to 1% of the total crop for
tetrahydrocannabinol analysis.  The average THC content in the crop
should be less than five tenths of one percent (0.5%) and individual
samples should not exceed one percent (1%) concentration of THC.  In all
instances, the CBD content must exceed the THC content.  Growers found to
be growing any plants where the THC content exceeds one and four tenths
percent (1.4%) shall be prosecuted for manufacture of marijuana in
accordance with section 18-18-106, C.R.S.
   (b)  After a handler's license is granted, the commissioner shall
conduct periodic inspections of the handling establishment.  The
commissioner shall take samples of up to 1% of the annual volume of the
establishment for tetrahydrocannabinol analysis.
   (c)  Any plants found to contain more than one percent (1%)
concentration of tetrahydrocannabinols shall be confiscated and
destroyed.  Two concentration violations in one year is grounds for
license revocation.
   (3)  An application for any license shall state the name of the
applicant; and, if a firm, the names of its members; and, if a
corporation, the names of its officers; the location of the business; and
the telephone number, if any.
   (4) (a)  The annual license fee for growers shall be based on the
total acreage to be cultivated.  Classes and fees shall be as follows:
   Class I. Grower - Cultivation up to and including 40 acres, fee $10.00.
   Class II. Grower - Cultivation over 40 acres to and including 160
acres, fee $20.00.
   Class III. Grower - Cultivation over 160 acres, fee $35.00.
   (b)  The annual license fee for handlers shall be based on the average
tonnage of raw hemp processed during the previous year; except that for a
handler who has not been engaged in business during the previous calendar
year, the fee shall be ten dollars.  The applicant for a handler's
license shall keep such records as may be necessary to indicate
accurately the quantity of hemp processed and shall allow the
commissioner to examine these records in determining the quantity of hemp
processed during the previous year.  Such records of quantity processed
shall be retained by the handler for a period of two years.  The handler
classes and fees shall be as follows:
   Class I. Handler - Up to and including 100 tons per year, fee $10.00.
   Class II. Handler - Over 100 tons to and including 1,000 tons per
year, fee $35.00.
   Class III. Handler - Over 1,000 tons per year, fee $75.00.
   (5)  All fees from licenses shall be deposited with the state
treasurer and credited to the general fund.

XX-XX-106.  Penalty. (1)  Any person who violates any of the provisions
of this article is guilty of a misdemeanor.  It is the duty of the
commissioner to notify the district attorney of the judicial district in
which a violation occurs, and the district attorney of said district
shall conduct such proceedings as may be necessary with the cooperation
of the commissioner.  Upon conviction in any court of competent
jurisdiction, any person in violation of any of the provisions of this
article shall be punished by a fine of not more than five hundred
dollars.  Fines and penalties imposed under this article shall be
collected and remitted as provided by law.
   (2)  The commissioner may, after proper hearing as provided in article
4 of title 24, C.R.S., suspend or revoke any license issued to any grower
or handler who violates any of the provisions of this article or any
rules and regulations issued by the commissioner pursuant thereto.  Such
revocation or suspension of a license may be in addition to, or in lieu
of, any penalties or fines imposed in subsection (1) of this section.

XX-XX-107.  Controlled substance laws relating to marihuana.  Except as
the definitions of "marihuana" and "marihuana concentrate" are modified
by section XX-XX-103, all laws concerning the strict control of
marihuana, marijuana, and marihuana concentrate shall remain in effect.
This Act shall not be read to interfere with the enforcement of section
18-18-106, C.R.S.

    Well what do you know it worked.  Keep in mind this is not the
exact way the final bill will look.  It will be much more legalistic, but
this is the model and all of these ideas will be in the bill.  Enjoy the
holiday.

                    Peace, Love and Legalization,

                        Tom

--
Colorado Hemp Initiative Project
P.O. Box 729
Nederland, CO 80466
[phone]