Hemp Alerts & Happenings
A monthly newsletter brought to you by the Colorado Department of Agriculture
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Intoxicating Hemp and Tetrahydrocannabinol Products SB 22-205 |
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Governor Jared Polis signed SB 22-205 into law on May 31, 2022.
SB 22-205 requires the State Licensing Authority in coordination with the Colorado Department of Agriculture (CDA) and Colorado Department of Public Health and Environment (CDPHE) to create a task force to study intoxicating hemp products and make legislative and rule recommendations. For more information click here.
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As of January 2022, all Key Participants identified in an application need to complete criminal history background checks. This means you need to PLAN AHEAD and allow for time during the application process to be fingerprinted.
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Prior Registrants: Key Participants are NOT exempt from having a background check completed even if registered with the CDA Hemp Program prior to the Rule taking effect. The hemp program is required to have a background check on file for ALL Key Participants.
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Exemption for felony drug related convictions, which applies to a person who was lawfully growing hemp under section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before December 20, 2018, and whose conviction also occurred before that date. However, a criminal history background check must still be performed.
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Key Participant (Criminal History Check required): A sole proprietor, a partner in a partnership, member of an LLC, or a person with executive managerial control in a corporation. Note: For Institutes of Higher Education, such as Universities, the hemp program has identified the Key Participant as the Lead Researcher for the Research Project.
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Additional Contact(s) (No Criminal History Check required): Additional Contacts are not required to get criminal history background checks. Additional Contacts are non-executive managers or staff such as farm, field, or shift managers, and office staff.
Good News: Background Checks will be valid for at least 3 years. For future applications you will enter the registration number under which you originally had the background check done. You will not need to be fingerprinted each time you apply going forward.
More information regarding the background check requirements, process and the exemption can be found on the hemp program’s website on the “Background Check Information” page. Click here to read the USDA Final Rule.
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Farm Service Agency (“FSA”) Lot Numbers |
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Remember to contact the FSA to create a farm record! FSA will provide a farm and tract number. After you plant, report your hemp crop acreage to FSA to receive a field number, and possibly, a subfield letter. All of those numbers comprise a FSA lot number: farm number-tract number-field number subfield letter (example: 1234-5678-9A). Each strain needs a different FSA lot number.
FSA lot numbers are not required when you grow hemp plants inside within your registered land area (“RLA”) then move them outside within your RLA. However, you will need to report your hemp crop acreage to FSA when you plant your hemp outside within your RLA. If you solely grow hemp indoors year round, you can report your hemp crop acreage one time using the earliest planting date after the beginning of the FSA crop year, which is October 1. After you receive your FSA lot number for each hemp strain, enter it with your planting reports in your account of the Hemp Online Portal.
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Authorized Samplers Needed |
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CDA has implemented an Authorized Hemp Sampler program that allows private hemp samplers to become certified through the State of Colorado.
Authorized samplers collect hemp regulatory samples from hemp registrants prior to harvest and post-remediated samples, if applicable. Authorized samplers negotiate a sampling fee with the registrants and deliver samples to a certified private lab. Registrants are required to pay all costs associated with sampling and lab fees.
More authorized samplers are needed in order to sample all hemp lots in the state.
To receive certification as an authorized sampler, an applicant must follow the following steps:
- Review all training materials
- Take the authorized sampler exam
- Complete the application to become an authorized sampler on HOP.
Once all the steps outlined above are completed, the application will be reviewed and, if accepted, the applicant will be notified and added to the list of authorized samplers. For more information, please visit the Authorized Hemp Sampler page.
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Harvest Reports and Sample Collection
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Remember! Before you harvest your hemp lot(s), your crop needs to be sampled.
Contact an authorized sampler within 30 days of your harvest date to have samples collected. Review the list of certified labs to send your samples for analysis. Submit your harvest report at least 30 days prior to harvest. For your convenience, you can enter that information into your portal account.
The hemp program will email the registrants a letter of compliance if the hemp sample results are within the acceptable THC level. If your sample results are not within the acceptable THC level, the hemp program will email you instructions on what to do, including any remediation or disposal options.
Additionally, CDA inspectors will be conducting random inspections throughout the year.
Please ensure to have the following documents available for inspection:
- planting and harvest reports
- regulatory THC results
- FSA-578 form
- receipts for buying or selling hemp seeds or clones,
- petition, if applicable
- crop off-site storage form, if applicable
- remediation/disposal form, if applicable
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Federal Grant Money Available |
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Federal agencies offer a multitude of grants for agriculture. Please visit grants.gov for information on other available grants for hemp.
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The Hemp Program is developing a Resource Page on the hemp webpage. This Resource Page will have links to other state agencies, federal agencies, and documents with important information.
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305 Interlocken Parkway
Broomfield, CO 80021
303-869-9050
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