Industrial Hemp Quick Facts

INDUSTRIAL HEMP INDUSTRY QUICK FACTS

Learn about the Industrial Hemp Program before you register.

Familiarize yourself with the Industrial Hemp Program prior to submitting an application. Information about the Program is available on the CDA website at https://www.colorado.gov/agmain. Please review the CDA website thoroughly. Questions should be emailed to industrialhemp@state co.uc.

  • The Colorado Department of Agriculture’s regulatory role with Industrial Hemp is limited to the cultivation of industrial hemp.
  • The CDA does not have jurisdiction over the processing, sale or distribution of industrial hemp. Nor do we have referrals for, or market information on, the aforementioned at this time.
  • Seed Procurement / Seed Quality - Seed that exists in Colorado may be variable and have unknown THC levels. Random sampling of hemp fields will be conducted. Currently CDA approved certified seed does not exist.
  • Seed vs. Grain - Seed represents a product that will germinate, grow or reproduce. Grain is seed that has been treated so that it will not germinate, grow or reproduce and will be used for processing or consumption.
  • Pesticides - There are a limited number of pesticides (herbicides, insecticides, fungicides, etc.) currently registered for use on Cannabis spp. (Industrial Hemp and marijuana) due to the predominant federal nature of pesticide regulation. The CDA has a list of pesticides that could be
    used on Cannabis spp. and not constitute a violation of pesticide labeling or other federal and state pesticide laws and regulations. This list is available on the CDA website.
  • Federal Farm Programs such as crop insurance, farm loans and conservation reserve may be jeopardized if industrial hemp is planted; these programs are managed by USDA a Federal Agency. Contact a lawyer for legal advice or the agency responsible for further information.
  • Banking – Banks such as state-chartered banks may be reluctant to provide services to Cannabis growers for fear of being prosecuted for federal laws and regulations violations. The CDA is not able to provide banking information related to industrial hemp.
  • Processing - Colorado’s industrial hemp rules state that industrial hemp producers must be able to provide documentation of in state processing as part of registration. It is unknown at this time how many processing facilities will be available in Colorado at time of harvest.
  • Zoning – Check with local, city and county conveyances, codes and zoning requirements for industrial hemp prior to planting. While you can register with the the State of Colorado to cultivate Industrial Hemp, local jurisdictions may have their own ordinances on land use.
  • Shipping – Shipping Industrial Hemp outside of Colorado is beyond the jurisdiction of the CDA. This remains federal jurisdiction and open to deliberation with federal officials.
  • Selling – Selling material outside of the regulated program exposes the registrant and the buyer to
    legal scrutiny from outside entities. The CDA does not have information at this time on who may be interested in purchasing materials from growers.

 

THINGS TO KNOW BEFORE APPLYING FOR AN INDUSTRIAL HEMP REGISTRATION

Important Information to be reviewed prior to submitting an industrial hemp registration application

  • Applicants must fill out their applications. Staff cannot fill in any part of the application for you. If part of the application you submit is incomplete or inaccurate, your application will not continue to be processed until you provide the missing and/or correct information.
  • The Industrial Hemp Program receives a high volume of applications. Allow 30 days for a complete and accurate application to be processed. If your application is not complete and accurate, it can take longer than 30 days from the date the application was received by the CDA to process the application. Be mindful of this application processing time and how it can impact your planting time.
  • The Industrial Hemp Program does not regulate the processing of industrial hemp and cannot answer questions about rules and regulations regarding the processing of industrial hemp. The CDA receives many calls about processing rules and regulations. You will need to research what government agency, if any, regulates the type of processing that you are interested in. Industrial Hemp registrations are for the cultivation (growing) of industrial hemp only, not the processing of industrial hemp.
  • Application fees must be submitted at the time of application. Failing to submit fees at the time of application will delay the processing of your application.
  • Registrations expire after 365 days upon issuance. Registrations do not automatically renew. Even if you have been registered before, you must submit a new application with all requested information and pay the fees (registration fee plus $5.00 per acre and/or .33 cents per 1000 square feet).
  • It is highly recommended that applicants become familiar with the rules and regulations of the Industrial Hemp Program, reporting requirements, and inspection and sampling information – available on the CDA website.

 

COLORADO INDUSTRIAL HEMP AND INDUSTRIAL HEMP SEED LAW

  • Colorado citizens voted to pass Amendment 64 to the Colorado Constitution which directed the General Assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp. Legislation adopted in 2013 delegated the responsibility for establishing registration and inspection regulations pertaining to cultivation to the Colorado Department of Agriculture.  
  • Industrial Hemp Regulatory Program is provided in Title 61 of the Colorado Revised Statutes.
  • Rules promulgated to administer and enforce the Colorado Industrial Hemp Regulatory Program Act are provided in 8 CCR 1203-23.
  • As defined in Colorado Revised Statute, Article 61, section 35-61-101(7) Industrial Hemp “means a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3% THC) on a dry weight basis.” 
  • Anyone selling seed that they grow or package in Colorado (regardless of genus and species) must register as a seed labeler or farmer seed labeler with the Colorado Department of Agriculture.  

 

QUICK FACTS ABOUT INDUSTRIAL HEMP AND ITS DISTINCTION FROM MARIJUANA 

  • Amendment 64 to the Colorado Constitution directed the General Assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp. Legislation adopted in 2013 delegated to the Department of Agriculture the responsibility for establishing registration and inspection regulations pertaining to the cultivation of industrial hemp.
  • Amendment 64, section 16 (d) to the Colorado Constitution defines industrial hemp as “a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis”.
  • Under Colorado state law any Cannabis with a percentage of THC above 0.3% is considered to be marijuana.
  • The Colorado Department of Agriculture's Industrial Hemp Program regulates only the cultivation of industrial hemp. The Department also administers a certified seed program. The Industrial Hemp Program does not have jurisdiction over the processing, sale or distribution of industrial hemp.
  • The Colorado Department of Revenue has jurisdiction over marijuana. All inquiries regarding the regulation of marijuana should be directed to the Department of Revenue. The Colorado Department of Agriculture has jurisdiction and authority only to respond to inquiries regarding the cultivation of industrial hemp, not marijuana.