Applied DNA Sciences Inc (APDN)

[tagmonster]

, & Technology
A BILL FOR AN ACT
101 CONCERNING THE DEVELOPMENT OF MARIJUANA TRACKING
102 TECHNOLOGY.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires the institute of cannabis research at Colorado
state university - Pueblo (institute) to develop marijuana tracking
technology (technology). The technology must include an agent that is
applied to a marijuana plant, marijuana product, industrial hemp, or
industrial hemp product and then scanned by a device. The scan, at a
minimum, would indicate whether the marijuana or hemp was cultivated,
SENATE SPONSORSHIP
Lambert and Garcia,
HOUSE SPONSORSHIP
Pabon and Willett,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
manufactured, or sold by a licensed marijuana business or registered
hemp cultivator. The institute shall select a vendor to develop the
technology. After the technology is developed, the state licensing
authority must be satisfied that the technology provides an effective
means of tracking marijuana. After the state licensing authority
determines the technology is an effective means of tracking marijuana, it
shall promulgate rules that require the technology to be used by licensed
marijuana businesses, and the commissioner of the department of
agriculture shall promulgate rules that require registered industrial hemp
cultivators to use the technology. The technology that scans the marijuana
must be made available to law enforcement and the department of
revenue.
The bill clarifies that the gray and black market marijuana
enforcement grant program could award grants to law enforcement
agencies to purchase the marijuana scanning technology.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. (1) The general assembly
3 finds and declares that identifying legal marijuana in Colorado is difficult
4 at best. Research and development integrated by Colorado state university
5 - Pueblo and other academic, government, and commercial partners will
6 develop technological solutions to:
7 (a) Insert unique and traceable identifiers into legal medical and
8 retail marijuana and industrial hemp that can be detected;
9 (b) Code identifiers into secure records using distributed ledger
10 technology that, in compliance with federal guidelines and industry best
11 practices, will be accessible by law enforcement agencies or the
12 department of revenue; and
13 (c) Provide scanning technology to law enforcement and the
14 department of revenue that detects these identifiers that distinguish legal
15 medical and retail marijuana and industrial hemp from illegal marijuana
16 and hemp so that it can be used by law enforcement to seize illegal
17 marijuana and start appropriate enforcement actions.
-2- SB18-029
1 (2) The general assembly finds and declares that the technology
2 will benefit Colorado by increasing the ability of law enforcement to
3 properly enforce Colorado marijuana laws, which in turn will enhance the
4 regulated marijuana market by differentiating between legal and illegal
5 marijuana and protect state revenue from unregulated marijuana sales.
6 SECTION 2. In Colorado Revised Statutes, add 23-31.5-113 as
7 follows:
8 23-31.5-113. Institute of cannabis research - marijuana
9 tracking project - rules. (1) THE INSTITUTE OF CANNABIS RESEARCH AT
10 COLORADO STATE UNIVERSITY - PUEBLO, REFERRED TO IN THIS SECTION
11 AS THE "INSTITUTE", SHALL, WITHIN NINETY DAYS AFTER THE EFFECTIVE
12 DATE OF THIS SECTION, USE EXISTING STATE PROCUREMENT PRACTICES TO
13 DEVELOP MARIJUANA TRACKING TECHNOLOGY. THE INSTITUTE MAY
14 CONSULT WITH THE NATIONAL INSTITUTE OF STANDARDS AND
15 TECHNOLOGY.
16 (2) THE MARIJUANA TRACKING TECHNOLOGY MUST INCLUDE TWO
17 COMPONENTS: AN AGENT APPLIED TO MARIJUANA PLANTS OR MARIJUANA
18 PRODUCTS AND A DEVICE CAPABLE OF SCANNING THE AGENT. THE AGENT
19 MUST BE APPLIED TO A MARIJUANA PLANT OR A MARIJUANA PRODUCT OR
20 INDUSTRIAL HEMP OR INDUSTRIAL HEMP PRODUCT AND THEN SCANNED BY
21 A DEVICE THAT AT A MINIMUM WOULD INDICATE THE SOURCE OF THE
22 MEDICAL OR RETAIL MARIJUANA PLANT OR MEDICAL MARIJUANA-INFUSED
23 PRODUCT OR RETAIL MARIJUANA PRODUCT OR INDUSTRIAL HEMP OR
24 INDUSTRIAL HEMP PRODUCT THAT WAS LEGALLY CULTIVATED,
25 MANUFACTURED, OR SOLD. THE APPLIED AGENT MUST CONTAIN
26 IDENTIFIERS THAT ARE TRACEABLE USING DISTRIBUTED LEDGER
27 TECHNOLOGY TO STORE RECORDS THAT CAN DISTINGUISH WHETHER THE
-3- SB18-029
1 MARIJUANA IS LEGAL MEDICAL OR RETAIL MARIJUANA OR INDUSTRIAL
2 HEMP.THE MARIJUANA SCANNING TECHNOLOGY MUST BE ACCESSIBLE TO
3 LAW ENFORCEMENT AND THE DEPARTMENT OF REVENUE. THE INSTITUTE
4 MAY DETERMINE WHETHER THE MARIJUANA TRACKING TECHNOLOGY
5 SHOULD BE NANOTECHNOLOGY; ISOTOPIC, CHEMICAL, OR BIOLOGICAL
6 IDENTIFIERS; OTHER AVAILABLE TECHNOLOGY; OR A COMBINATION OF ANY
7 TECHNOLOGIES.
8 (3) THE INSTITUTE SHALL SELECT A VENDOR TO DEVELOP THE
9 MARIJUANA TRACKING TECHNOLOGY.
10 (4) (a) AFTER THE MARIJUANA TRACKING TECHNOLOGY IS
11 DEVELOPED, THE MARIJUANA STATE LICENSING AUTHORITY IN THE
12 DEPARTMENT OF REVENUE MUST BE SATISFIED THAT THE TECHNOLOGY
13 PROVIDES AN EFFECTIVE MEANS OF TRACKING MARIJUANA. AFTER THE
14 STATE LICENSING AUTHORITY DETERMINES THAT THE MARIJUANA
15 TRACKING TECHNOLOGY PROVIDES AN EFFECTIVE MEANS OF TRACKING, IT
16 SHALL PROMULGATE RULES, PURSUANT TO SECTIONS 12-43.3-202(4) AND
17 12-43.4-202 (3.5), WITHIN NINETY DAYS REQUIRING A LICENSEE TO USE
18 THE TECHNOLOGY ON MEDICAL AND RETAIL MARIJUANA, MEDICAL
19 MARIJUANA-INFUSED PRODUCTS, AND RETAIL MARIJUANA PRODUCTS AT
20 ONE OR MORE STAGES OF CULTIVATION, MANUFACTURE, WHOLESALE
21 OPERATIONS, OR RETAIL SALE. AFTER THE STATE LICENSING AUTHORITY
22 DETERMINES THAT THE MARIJUANA TRACKING TECHNOLOGY PROVIDES AN
23 EFFECTIVE MEANS OF TRACKING, THE COMMISSIONER OF THE DEPARTMENT
24 OF AGRICULTURE SHALL PROMULGATE RULES, PURSUANT TO SECTION
25 35-61-104(5), WITHIN NINETY DAYS REQUIRING A REGISTRANT TO USE THE
26 TECHNOLOGY ON INDUSTRIAL HEMP AND INDUSTRIAL HEMP PRODUCTS AT
27 ONE OR MORE STAGES OF CULTIVATION, MANUFACTURE, WHOLESALE
-4- SB18-029
1 OPERATIONS, OR RETAIL SALE.
2 (b) AFTER THE STATE LICENSING AUTHORITY PROMULGATES THE
3 RULES REQUIRED BY THIS SECTION, THE MARIJUANA SCANNING
4 TECHNOLOGY MUST BE MADE AVAILABLE TO LAW ENFORCEMENT AND THE
5 DEPARTMENT OF REVENUE FOR PURCHASE, AND THE STATE LICENSING
6 AUTHORITY SHALL MAKE THE DATA IT COLLECTS AVAILABLE TO THE
7 DEPARTMENT OF REVENUE AND LAW ENFORCEMENT AT NO COST.
8 SECTION 3. In Colorado Revised Statutes, 12-43.3-202, add (4)
9 as follows:
10 12-43.3-202. Powers and duties of state licensing authority -
11 rules. (4) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
12 REGARDING THE MARIJUANA TRACKING TECHNOLOGY DEVELOPED
13 PURSUANT TO SECTION 23-31.5-113 AFTER DETERMINING THAT THE
14 TECHNOLOGY WORKS PURSUANT TO SECTION 23-31.5-113 (4)(a). THE
15 RULES MUST REQUIRE AN ENTITY LICENSED PURSUANT TO THIS ARTICLE
16 43.3 THAT CULTIVATES MEDICAL MARIJUANA OR MANUFACTURES A
17 MEDICAL MARIJUANA-INFUSED PRODUCT TO APPLY THE AGENT TO THE
18 MEDICAL MARIJUANA OR THE MEDICAL MARIJUANA-INFUSED PRODUCT
19 PRIOR TO A SALE OR TRANSFER TO A MEDICAL MARIJUANA CENTER.
20 SECTION 4. In Colorado Revised Statutes, 12-43.4-202, add
21 (3.5) as follows:
22 12-43.4-202. Powers and duties of state licensing authority -
23 rules. (3.5) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES
24 REGARDING THE MARIJUANA TRACKING TECHNOLOGY DEVELOPED
25 PURSUANT TO SECTION 23-31.5-113 AFTER DETERMINING THAT THE
26 TECHNOLOGY WORKS PURSUANT TO SECTION 23-31.5-113 (4)(a). THE
27 RULES MUST REQUIRE AN ENTITY LICENSED PURSUANT TO THIS ARTICLE
-5- SB18-029
1 43.4 THAT CULTIVATES RETAIL MARIJUANA OR MANUFACTURES A RETAIL
2 MARIJUANA PRODUCT TO APPLY THE AGENT TO THE RETAIL MARIJUANA OR
3 THE RETAIL MARIJUANA PRODUCT PRIOR TO A SALE OR TRANSFER TO A
4 RETAIL MARIJUANA STORE.
5 SECTION 5. In Colorado Revised Statutes, 24-32-119, amend
6 (1)(c)(III) and (1)(c)(IV); and add (1)(c)(V) as follows:
7 24-32-119. Gray and black market marijuana enforcement
8 grant program - report - definition. (1) (c) Grants awarded by the
9 executive director of the department of local affairs pursuant to this
10 subsection (1) shall be prioritized to:
11 (III) Provide necessary financial assistance to local law
12 enforcement agencies and district attorneys in the investigation and
13 prosecution of organized crime involved in unlicensed marijuana
14 cultivation or distribution operations conducted in violation of state law;
15 or
16 (IV) Provide necessary financial assistance to local law
17 enforcement agencies and district attorneys in the investigation and
18 prosecution of unlicensed marijuana cultivation or distribution operations
19 that divert marijuana outside of Colorado; OR
20 (V) PROVIDE FINANCIAL ASSISTANCE TO LAW ENFORCEMENT
21 AGENCIES TO PURCHASE THE MARIJUANA SCANNING TECHNOLOGY
22 DEVELOPED PURSUANT TO SECTION 23-31.5-113.
23 SECTION 6. In Colorado Revised Statutes, 35-61-104, amend
24 (5) as follows:
25 35-61-104. Registration - cultivation of industrial hemp -
26 research and development growth - rules. (5) The commissioner shall
27 adopt rules by March 1, 2014, and as necessary thereafter to implement
-6- SB18-029
1 the registration program and to implement and administer this article
2 ARTICLE 61 AND SECTION 23-31.5-113 (4).
3 SECTION 7. Safety clause. The general assembly hereby finds,
4 determines, and declares that this act is necessary for the immediate
5 preservation of the public peace, health, and safety.