Dear Marijuana and Hemp Industry Stakeholders:

The Department of Revenue’s Marijuana Enforcement Division, Department of Agriculture, and Department of Public Health and Environment (collectively “the Departments”) jointly issue this industry bulletin regarding the scope and extent of permitted testing on industrial hemp by retail marijuana testing facility licensees.

Under section 35-61-105.5, Colorado Revised Statutes (C.R.S.), a person registered pursuant to article 61 (“CDA Registrant”) may request a retail marijuana testing facility to conduct testing on the industrial hemp that person is cultivating. Section 35-61-105.5, C.R.S., also provides that a licensed retail marijuana testing facility shall provide the test results to the CDA Registrant and Commissioner of Agriculture (“Commissioner”). Further, under section 12-43.4-405(1), C.R.S., a retail marijuana testing facility licensee may test industrial hemp, provided that prior to performing testing, the licensee verifies that the person requesting the testing has received a registration from the Commissioner as required by section 35-61-104, C.R.S.

Industrial hemp, as defined at Colorado Constitution, article XVIII, section 16 (Amendment 64), means “the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.” The definition of industrial hemp provided in section 35-61-101(7), C.R.S., mirrors this definition.

Further, in 2018, the General Assembly passed House Bill 18-1295, which added a definition of “industrial hemp products” to the Colorado Food and Drug Act at section 25-5-426(2)(g.5), C.R.S. Pursuant to section 25-5-426(2)(g.5), C.R.S., “industrial hemp product” means “a finished product containing industrial hemp that: (I) is a cosmetic, food, food additive, or herb; (II) is for human use or consumption; (III) contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, or derivatives; and (IV) contains a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent.” Under House Bill 18-1295, industrial hemp products produced by wholesale food manufacturing facilities registered by the Colorado Department of Public Health and Environment (“CDPHE Registrants”), shall not be deemed adulterated by virtue of the products containing industrial hemp. Pursuant to requirements of the Department of Public Health and Environment, CDPHE Registrants are subject to lab testing of industrial hemp products to verify such products do not exceed three-tenths percent in delta-9 tetrahydrocannabinol concentration.

The Departments have learned that persons other than CDA Registrants (e.g. third-party processors/manufacturers of industrial hemp obtained from CDA Registrants, including CDPHE Registrants) seek testing of industrial hemp and industrial hemp products by retail marijuana testing facilities. .