10 Key Takeaways from the Colorado Intoxicating Hemp Task Force Final Report
By Catie Wightman
Jan 17, 2023
During the 2022 legislative session, the Colorado legislature passed Senate Bill 22-205, directing the Colorado Department of Revenue’s State Licensing Authority (DOR SLA) in coordination with the Colorado Department of Agriculture (CDA) and Colorado Department of Public Health and Environment (CDPHE) to convene a Task Force to study intoxicating and synthetic hemp products. On January 4, 2023, the SB22-205 Intoxicating Hemp Task Force published its Final Report, which makes legislative and rule recommendations concerning the regulation of intoxicating and synthetic hemp products.
10 Key Takeaways from the SB22-205 Task Force Final Report
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Classifications. The Task Force recommends that the legislature create classifications of cannabinoids to distinguish what circumstances, if any, certain cannabinoids may be used in hemp products. These recommended classifications are: (1) Non-intoxicating cannabinoids; (2) potentially intoxicating compounds; and (3) potentially intoxicating cannabinoids.
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Non-intoxicating Cannabinoids. The Task Force recommends that cannabinoids categorized as non-intoxicating cannabinoids be freely used as ingredients in hemp products. These cannabinoids include full spectrum hemp extract, broad spectrum hemp extract CBD, THCV, CBC, CBT, CBL, CBE, CBG, CBDV, and CBN.
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Potentially Intoxicating Compounds. The Task Force recommends that cannabinoids classified as potentially intoxicating are prohibited from being included in hemp products sold in Colorado and from being manufactured in Colorado, except as permitted under the recommended safe harbor (see # 10 below). These cannabinoids may eventually be classified as non-intoxicating compounds and permitted in hemp products after an assessment by CDPHE and the Marijuana Enforcement Division (MED).
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Intoxicating Cannabinoids. The Task Force recommends that cannabinoids classified as intoxicating be prohibited from inclusion in hemp products sold in Colorado and from being manufactured in Colorado, except as permitted under the recommended safe harbor (see # 10). These cannabinoids include but are not limited to THC isomers such as Delta-8 THC and Delta-10 THC and HHC. They may eventually be classified as non-intoxicating compounds and permitted in hemp products after an assessment by CDPHE and the MED.
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THC Limitations. The Task Force recommends limits on the milligrams of THC permissible in hemp products, and that these limits initially be set high enough to avoid unintentionally capturing non-intoxicating hemp products. Rulemaking by CDPHE and/or MED may make these limits more conservative. The initial limits recommended are no more than 2.5 mg THC per serving and a ratio of CBD to THC greater than or equal to 15 to 1. The Task Force does not recommend a container limit. These limitations do not apply when a finished hemp product complies with the proposed definition of “broad spectrum” (under 0.01% THC), and/or exclusively contains one or more non-intoxicating compounds (e.g. CBD isolate; CBG isolate; CBN isolate). However, CBN shall be restricted to no more than 25 milligrams per serving.
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Labeling and Marketing. The Task Force recommends that hemp products be labeled to distinguish those that contain synthetic or synthesized cannabinoids and should not be marketed as containing THC or other potentially intoxicating cannabinoids.
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Approval of Certain Hemp Products. The Task Force recommends that CDPHE and/or MED develop a process where manufacturers of hemp products that are prohibited under the above classifications can obtain approval for the manufacture and sale of such products in Colorado. Approval will be based on a determination that the product is safe and non-intoxicating.
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Standing Scientific Committee. The Task Force recommends that a standing scientific committee be established to evaluate scientific data and research related to cannabinoids and the classification of novel cannabinoids.
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Synthetic Cannabinoids. The Task Force recommends that CDPHE and/or MED create an approval process for producing and selling synthetic cannabinoids in Colorado. Approval would be based on whether the cannabinoids are safe and non-intoxicating, which must be demonstrated through scientific data.
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Manufacturing Safe Harbor. The Task Force recommends that a safe harbor be established for manufacturing finished hemp products that are prohibited in Colorado but may legally be sold in another state. Under the safe harbor, certain cannabinoids that are classified as potentially intoxicating or that otherwise do not meet the standards for hemp products in Colorado may be manufactured in Colorado and sold in other states where the products are permitted.
It remains to be seen which recommendations from the report will be included in a bill during the legislative session. To allow businesses enough time to comply, the Task Force recommends that any THC limitations and approval processes included in legislation have a delayed effective date of January 1, 2024, and that additional product standards mandated through rulemaking have a delayed effective date of July 1, 2024.
VS will be monitoring all legislation and rulemaking affecting hemp products. If you have questions about how these recommendations may affect your products, please contact a member of our Hemp & Cannabinoids Department.