CO: Legislation – Cannabis Outdoor Cultivation Measures


Cannabis Outdoor Cultivation Measures

Concerning the removal of impediments to cannabis farming, and, in connection therewith, permitting contingency plans to reduce crop loss based on adverse weather and convening a working group to examine measures to reduce cross-pollination.
SESSION:  2021 Regular Session

SUBJECTS:  Agriculture

Liquor, Tobacco, & Marijuana




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, 2022.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.
(Note: This summary applies to this bill as introduced.)



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