If a hemp sample that the Department collected returns with detection of THC greater than or equal to 0.4% but less than 1.0% THC, then that non-compliant hemp crop must be “destroyed or utilized on site in a manner approved of and verified by the Commissioner” (Rules 8 CCR 1203-23, Part 5.2). According to Part 5.3 of the Rules: “Registrants shall have 10 days from the date of notification of test results higher than 0.3% delta-9 THC concentration to request a waiver as provided for in Rules 5.1 or 5.2.” The Department emails the non-compliant sample result(s) and a letter explaining the waiver process with a Request for Waiver form which includes methods of destruction.
One of the methods of destruction is the use of fire. Before burning, the registrant needs to follow any state-wide fire bans and check with local authorities about fire bans in the registrant city and county. Additionally, the registrant must contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to obtain a burn permit. Click
here to review CDPHE’s Hemp Burning in Colorado Guidance document and to get information on obtaining a burn permit.
If a hemp sample the Department collected is greater than 1.0% THC, then the Department cannot give guidance to the registrant on what to do with that non-compliant hemp because it is illegal Cannabis, and the Department does not have jurisdiction. Further, the registrant is subject to fines up to $2,500 per violation and/or revocation or suspension of its registration.
