March 2025

Colorado law provides hemp growers who produce hemp using Certified Seed or Certified Clones to petition for performance-based sampling. This provision allows crops to be sampled on random and risk based compared to all others who will be sampled 100%.

Performance-based sampling is only provided if registered with an R&D registration; has produced hemp at or below the acceptable hemp THC level for the previous three years; who produces hemp microgreens, hemp greens, hemp transplants, and immature plants; or who produces hemp for grain or other industrial purposes and provided the COA of the seed they have planted. If growers meet these criteria they may petition the Department for inclusion in the Department’s performance-based sampling program (8 CCR 1203-23, rule 4.8). Petition is valid for current registration identified in PART 1. If approved all lots are subject to random sampling by the Department.

To be eligible, please submit a petition within 10 days after planting. Only lots with a planting report will be considered for performance-based sampling.

It is mandatory that all hemp growers are required to create an FSA “lot” number and report your hemp plantings to CDA and a Crop Acreage Report to FSA. Contact the local FSA office to create a farm record. If transplanting the hemp crop, FSA will not issue a lot number until the hemp is in its final location within your registered land area (“RLA”). If your hemp crop acreage is solely planted outside within your RLA, a crop report will need to be completed with FSA after planting.

The deadline for hemp producers to register with FSA is July 15, 2025. You must call your local FSA Office to be added to the Crop Reporting Register. Failure to register with FSA is a violation of Hemp Rule 8 CCR 1203, Part 3.7 and may result in a civil penalty.

For more details about registering with the FSA and other Hemp Program requirements, please refer to the frequently asked questions on our website or contact hemp@state.co.us. 

The federal and Colorado definition of Hemp is the plant species Cannabis sativa L. and any part of the plant, whether growing or not, containing a total delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis. CDA requires laboratory testing on pre-harvest hemp samples to determine total ∆9-THC, which includes ∆9-THCA.  

Please refer to the THCA Announcement on our website for more information.

Did you know the public can find a list of all licensed hemp seed labelers for open-source seed and see if a seed dealer is registered in AgLicense? To sell your seed legally you will need to contact the Seed Program directly and acquire a Seed Labeler license. Click the link above or call the Seed Program directly to speak with Brian Allen at 303-869-9071.

Certified Hemp Seed or Clone means Cannabis sativa L. certified by a Seed Certification Agency pursuant to the Federal Seed Act, 7 CFR §201.67 et. Seq. and the Colorado Seed Act, 35-27-103, C.R.S. For more information on Certified Hemp Seed, please refer to Colorado State University’s Colorado Seed Programs.

USDA is currently offering the Value-Added Producer Grant to agricultural producers in starting or expanding value-added activities related to the processing and/or marketing of Value-Added Agricultural Products. For more information visit grants.gov, key word “hemp".