What is the Difference in Industrial Hemp vs. Marijuana?

November 1, 2019

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The legality is important when it comes to the distinction between Industrial Hemp and Marijuana in Colorado. 

You can get your questions answered about these laws at https://www.colorado.gov/ 

  • 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.

Industrial Hemp and Hemp Seed Law Info

  • 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 35 Article 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.  

Thanks for letting us keep you up-to-day with Hemp Laws. We'd love the opportunity to give your business a quote as a Colorado Hemp Insurance Specialist. 

Keeping you protected.

 

Rick

 

All Access Insurance in Littleton, CO,  who represents multiple insurance companies as a “Broker” and provides products for auto, home,  commercial, workers compensation, and much more! Call us today for a free quote at (303) 932-1700