Hemp Alerts & Happenings
A monthly newsletter brought to you by the Colorado Department of Agriculture.
September 2021
USDA Approved Colorado State Hemp Management Plan
The U.S. Department of Agriculture (USDA) approved Colorado’s state hemp management plan (State Plan), which aligns with the USDA Final Rule, to regulate the cultivation of hemp in the state. Click here to read the Plan. The Plan will be effective January 1, 2022.
Notice of Public Rulemaking Hearing
DATE: October 20, 2021
TIME: 11:00 am
LOCATION: This hearing will be held via Zoom
Click link above for official hearing notice and details
New Hemp Rules effective July 30, 2021
On July 30, 2021, the revised Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act, 8 CCR 1203-23 (Rules), additional rule changes will go into effect on December 30, 2021 to align with the state plan.   
Hemp Advisory Committee
Welcome New Hemp Advisory Committee Members
The Ag Commission selected six people to fill vacancies on the HAC due to term limits and resignations. The following are the names, and the industries they will serve for the 2021-2024 term:

Hunter Buffington
Hemp Regulation

Bob Henry
Hemp Manufacturing Industry

Thomas Dermody
Citizen Advocate

Wendy Mosher
Certified Seed Industry

Scott McWhorter
Hemp Small Business

Alex Blanchette
Cannabinoid Industry
Public Engagement Meeting Occurred

On Tuesday, August 31, 2021, the Hemp Advisory Committee (HAC) and the hemp program met to discuss the recommended Rule changes (8 CCR 1203-23), in a public forum. Additionally, on Friday, September 3, 2021, the hemp program received valuable comments from the public during its public engagement meeting regarding the recommended Rule changes.
Sampling Hemp for Fall 2021
On August 4, 2021, the hemp program notified all registrants that all registrations would be inspected and all lots sampled. The week of August 16, 2021, the hemp program emailed the Inspection Notification to all registrants and directed them to contact the inspector named in the email to schedule a date and time to have hemp samples collected from their registrations.

In select counties in the state, authorized samplers will be collecting samples from registrations. The Inspection Notification that these registrations received directed the registrants to register and pay the company scheduling the appointments. 

As a reminder, hemp registrants “shall not harvest the Cannabis prior to sample collection.” (Part 4.6.5) 
What's New for 2022?
Now that Colorado has an approved State Plan, the registrants and the Colorado Department of Agriculture (Department) are required to implement it based on the provisions outlined in the State Plan. The following are a few items the registrants need to know to stay compliant with the State Plan:
  • “each key participant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the department for the purpose of conducting fingerprint-based criminal history record checks.” 35-61-104(1)(c), C.R.S.
  • “key participant” means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, or chief financial officer. “Key participant” does not include non-executive managers such as farm, field, or shift managers.
  • If a key participant has had a drug felony conviction related to a controlled substance for 10 years prior to the date of when the report was completed, then the key participant is not allowed to participate in the hemp program. An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date.
  • Negligent Violations: when a registrant receives more than three negligent violations in five years, then that registrant can no longer participate in the hemp program
  • Measurement of Uncertainty: value will be added to every lab reports reporting THC level of sample (i.e., Certificate of Analysis)
  • Authorized Samplers: independent contractors that the Department certifies will be utilized to collect regulatory samples from registrations
  • Approved Labs: regulatory samples that authorized samplers collect shall be analyzed by labs that Colorado Department of Public Health and Environment certified
  • Registrants must contact an authorized sampler by themselves to have sample(s) collected
  • Submit crop acreage and any alterations in the registered land area to Farm Service Agency
Hemp Acreage and Production Survey
The Hemp Acreage and Production survey collects information on the acreage, yield, production, price, and value of hemp in the United States. The Domestic Hemp Production Program established in the Agriculture Improvement Act of 2018 (2018 Farm Bill) allows for the cultivation of hemp under certain conditions. The Hemp Acreage and Production survey will provide needed data about the hemp industry to assist producers, regulatory agencies, state governments, processors, and other key industry entities.
Updating the Hemp Online Portal (HOP)
The Department is updating HOP to expand its functionality. The improved functionality will be live for use by January 1, 2022. 

305 Interlocken Parkway
Broomfield, CO 80021