The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana beneath the Controlled Substances Act (“CSA”) and by supplying a detailed framework for the cultivation of hemp. The 2018 Farm Bill provides the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the solution to retain major regulatory authority more than the crop cultivated inside their borders by submitting a program to the USDA. This federal and state interplay has resulted in quite a few legislative and regulatory alterations at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but developing quantity of states also regulate the sale of solutions derived from hemp.

In light of these legislative alterations, we are presenting a 50-state series analyzing how every jurisdiction treats hemp-derived cannabidiol (“Hemp- CBD”). Every single Sunday we will summarize a new state in alphabetical order. So far, we have covered Alabama, Alaska, Arizona, Arkansas, and California. This week we turn to Colorado.

When it comes to hemp, couple of states have embraced hemp like Colorado.  According to a report ready by Marijuana Enterprise Every day,  in 2018, Colorado allocated 12,042 outside acres and two.35 million square feet indoors to the cultivation of hemp.  If you invest in a solution containing hemp, in any state across the nation, it most likely came from Colorado.

The state’s cultivation system is overseen by the Colorado Division of Agriculture (“CDA”). “Industrial hemp” or “ hemp” signifies “the plant Cannabis sativa L. and any portion of the plant, such as the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, irrespective of whether developing or not, with a delta-9 tetrahydrocannabinol concentration of no much more than 3-tenths of 1 % on a dry-weight basis.” CDA oversees the cultivation of hemp does not regulate the processing of hemp into other solutions, such as Hemp- CBD other than requiring that cultivators disclose agreements with Colorado hemp makers.

Having said that, in 2018 Colorado enacted Property Bill 18-1295 (“HB 18-1295”), codified in portion in C.R.S. 25-five-426, which establishes that the manufacturing of an “industrial hemp” or “ hemp product” ought to comply with Colorado’s Meals and Drug Act. HB 18-1295 defines an “industrial hemp product” as “a completed solution containing industrial hemp that”:

  • Is a cosmetic, meals, meals additive, or herb
  • Is for human use or consumption
  • Includes any portion of the hemp plant, such as naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, derivatives and
  • Includes a delta-9 tetrahydrocannabinol concentration of no much more than 3-tenths of 1 %.

Producers of industrial hemp solutions ought to register with the Colorado Division of Public Wellness and Atmosphere (“CDPHE”).

Colorado imposes particular labeling specifications on hemp solutions:

  • An identity statement, which indicates what the solution is (not a brand name).
  • A net weight statement.
  • A list of all components.
  • The organization name with an address

The label ought to also clearly determine that it contains hemp as an ingredient and if there is CBD, the quantity of CBD and irrespective of whether it is an isolate. Labels ought to also include things like the statement “FDA has not evaluated this solution for security or efficacy,” and could not include any well being claims.

In this 50-state series, we’re moving by means of states alphabetically. Having said that, if we have been ranking the states, Colorado would practically surely come in initially due to its complete-on embrace of hemp. The state was 1 of the initially to legalize recreational marijuana so we’d give them a pass if they have been to slow points down when it came to hemp. Of course, that is not the route taken by the Centennial State. In addition, in light of the uncertainties surrounding how the FDA would regulate Hemp- CBD, the state has tasked CDPHE with overseeing the manufacture of solutions containing hemp and Hemp- CBD. Kudos to Colorado for boldly moving forward with hemp.