CO HB1328

Requires the state marijuana licensing authority to promulgate rules by January 1, 2021, establishing the process for filing and approving contingency plans for outdoor cultivation facilities facing threats from adverse weather events or catastrophes.

Defines "adverse weather event" to include damaging weather (drought, freeze, hail, excessive moisture, excessive wind, tornado), adverse natural occurrences (earthquake, flood), and related conditions (excessive heat, disease, insect infestation).

Prior to January 1, 2021, allows medical marijuana and retail marijuana cultivation facility licensees to take any reasonable and necessary action to prevent or ameliorate crop loss due to adverse weather without violating state or local law, unless authorities prove the action was not reasonable and necessary.

Beginning January 1, 2021, allows outdoor cultivation licensees to file approved contingency plans with the state licensing authority and follow those plans during adverse weather events or other catastrophes instead of relying on the reasonableness standard.

Repeals the temporary provision allowing reasonable emergency actions effective January 1, 2021, transitioning to the contingency plan approval process.