Special Edition:
Hemp Alerts & Happenings
A monthly newsletter brought to you by the Colorado Department of Agriculture.
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Background Checks Required for ALL Key Participants |
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Beginning January 2022, all Key Participants identified in an application will need criminal history background checks. This means you need to PLAN AHEAD and allow for time to be fingerprinted. This will add to processing times as applications will now be a 2-step process. This is due to the Colorado Bureau of Investigation requirement for the hemp program to obtain an “Intent to Apply” prior to receiving your criminal history report. This means the hemp program must have an application pending on file prior to an applicant performing a background check. The following are the steps you need to take:
Step 1: Applicants will complete an application, leaving the criminal history check fields blank. The application will then go into “Awaiting Criminal History Check” status and the hemp program staff will not review it until ALL Key Participant criminal history check information is entered.
Step 2: After submitting the initial application, Key Participants will be directed to the hemp website to get information on how and where to schedule fingerprinting. Once all Key Participants have performed the background check, the applicant will return to the application. Simply enter the date each person was fingerprinted, submit payment, and lastly, submit the application to the Hemp Program for approval.
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Criminal History Check Exemption Explained |
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There is an exemption for person(s) who were 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.
You must STILL have a Criminal Check Check performed.
Simply put, if you were registered with the hemp program to grow hemp in Colorado between 2014 and Dec 20, 2018, AND your Drug Related Felony occurred prior to December 20, 2018, then you are exempt from this blocking your ability to join the program. It does not mean you are exempt from having the criminal history check done as the hemp program staff still need to review the report to confirm this information.
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Updated Hemp Online Portal (HOP) |
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Beginning in January 2022, HOP will have increased functionality! What does that mean for you, the Registrant? Well that means that Research and Development businesses and institutes of higher education will have their own application; it means that planting reports will be tracked using the FSA lot number that the Registrants enter into their portal accounts; it means registrants will be able to access the list of available samplers, and so much more.
If you have comments, concerns, or issues with the upgrade of HOP, please contact the hemp team at: hemp@state.co.us.
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Establishing Records and Reporting Acreage
with USDA Farm Service Agency (FSA)
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All producers registered to cultivate hemp under an USDA-approved State or Tribal plan are required to report hemp crop acreage to FSA. Before a producer can certify their hemp acreage to FSA, they must receive a farm number. This farm number is also required to participate in USDA programs.
Producers should start with scheduling an appointment with their local FSA office to ensure quick service. Before the appointment, ask what documents are needed to help to make the most of your appointment. Have available an official tax identification (Social Security number or employer ID) and a property deed. If you do not own the land, be sure to have your lease agreement. If your operation is incorporated or an entity, FSA may need proof of your signature authority and legal ability to sign contracts and other documents with USDA. Once you have established your farm record you are ready to file an acreage report.
In addition to being a requirement as a registered hemp producer, filing acreage reports with USDA is an important part of determining your eligibility for key programs, including price support, disaster relief, and conservation programs. A crop acreage report documents all crops and their intended uses and is an important part of record-keeping for your farm. This report is needed to access many USDA assistance programs. You can file acreage reports by filling out the FSA-578 form. Your local USDA service center staff can help you file by providing you with maps and deadlines to simplify the reporting process. Producers can also use FSA’s self-service portal, FSAFarm+ to securely view or print maps.
To file an acreage report, you need:
- An FSA map of your farm or ranch, and your tract and field numbers
- Information on the crops you intend to plant (including varieties and strains)
- The intended use of your crops
- The number of acres of crops you are reporting
- Approximate crop boundaries, planting patterns and dates, irrigation practices, and producer shares
- Your hemp registration number (name on registration must match the acreage report name)
Hemp registrants must designate the location and number of lots intended to be planted. For FSA purposes, the term “lots” refers to the specific subfield located within the field on the tract. The lot concept provides the flexibility to growers to manage risk, therefore, lots may be subsections of a field, without the physical boundary, as is required for other crops. Growers must report each variety or strain as a separate “lot.”
Additionally, businesses and institutes of higher education that receive Research and Development (R&D) registration will NOT need lot numbers with FSA. However, R&D registrations will need to provide FSA with the crop address.
The deadline to file your annual acreage report for hemp is July 15. To find your local office, go to: farmer.gov/service-locator. Click here for guidance on hemp acreage reporting.
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Update of the Authorized Sampler Program |
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Starting in 2022, authorized samplers will collect compliance samples.
Anyone interested in becoming an authorized sampler will have to meet the following criteria:
- will be required to participate in an online training program, virtual training, or in person training. They will need to review all associated documents including forms, rules, and protocols associated with the authorized sampler program.
- will need to receive a passing score of 80% on a state administered hemp authorized sampler certification exam.
- will complete an application and pay an application fee.
Certification will last one year. Appropriate reporting, adherence to CDA sampling protocol, and other standards provided during the training are required to maintain certification. A hemp registrant may not act as an authorized sampler.
Before a hemp crop can be harvested, a compliance sample must be collected. Prior to sampling, a planting report shall be submitted within 10 days after planting and a harvest report shall be submitted at least 30 days prior to harvest.
Registrants will be able to find authorized samplers and their contact information in HOP. The cost of sampling will be agreed upon by the authorized sampler and the registrant. Samples will be taken to a certified laboratory of the registrant's choice. In January, a link to the Colorado Department of Public Health and Environment’s certified laboratories will be found on the hemp webpage at www.colorado.gov/hemp .
Certified labs will report the total THC to the hemp program within one day of completing the certificate of analysis.
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U.S. Department of Agriculture (USDA) Improves, Strengthen Crop Insurance for Hemp Producers |
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On Thursday, December 2, 2021, USDA announced that it will be strengthening crop insurance for hemp producers. Please click here for the full press release from USDA.
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Production and/or Use of Chemically Modified or Converted Hemp Cannabinoids |
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The Division of Environmental Health and Sustainability within the Colorado Department of Public Health and Environment shared this notice with the hemp program that “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of “industrial hemp product.”
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NextCycle Colorado is a program that the Colorado Department of Public Health and Environment (CDPHE) oversees and CDPHE is accepting applications for this program. NextCycle Colorado’s focus is on recycled or recovered material. Hemp waste or by-product is eligible for this program. Click here for the application and additional information about the program.
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305 Interlocken Parkway
Broomfield, CO 80021
303-869-9050
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