December 2024

USDA Extends Enforcement Deadline for Hemp to be Tested by DEA-Registered Laboratories.

Due to inadequate DEA-registered laboratory testing capacity, testing can be conducted by labs that are not DEA registered until Dec. 31, 2024. Testing can be conducted at these labs only if the labs have already applied for DEA registration. (see details). The Colorado hemp program uses CDPHE certified laboratories to test regulatory hemp samples. All certified hemp testing laboratory lists can be found on this link.

Hemp means the plant species Cannabis sativa L. and any part of the plant, whether growing or not, containing a total delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis. CDA performs laboratory testing on selected pre-harvest hemp samples to determine total ∆9-THC.

∆9-THC is found naturally in cannabis plants and is also created by the decarboxylation of the ∆9-THCA that is also found naturally in cannabis plants. Total ∆9-THC is calculated by adding the ∆9-THC to the decarboxylated ∆9-THCA in a cannabis plant. Refer to Analytical Testing of Colorado Hemp Samples on our website for more information. In Colorado cannabis plants exceeding the acceptable THC level, i.e., above 0.3% MU (Margin of Uncertainty) on a dryweight basis will be disposed of and will not be allowed to go into the stream of commerce.

In 2024 CDA saw a 11% increase in the number of registrations including new companies and some returning from prior to the downturn in 2020. Fiber acreage increased to 46% of all hemp grown in Colorado vs. 37% in 2023 which marks the second year of significant growth for an emerging section of the industry. CDA hopes to see a continued increase in fiber production, processing, and other industrial uses of hemp by offering alternative sampling protocols, networking, and outreach. For more information on performance-based sampling, please contact hemp@state.co.us. In addition, CDA has joined the US Hemp Building Association as a corporate member to learn more about this emerging industry.

Hemp producers are required to create an FSA "lot" number and report hemp plants to CDA as well as FSA. Contact the local FSA office to create a farm record. If transplanting the hemp crop, FSA will not issue a lot number until the hemp is in its final location within your registered land area ("RLA"). If your indoor hemp is also harvested within the RLA, a crop report will need to be completed with FSA after planting. For more details about registering with the FSA and other Hemp Program Requirements, please refer to the frequently asked questions on our website or contact hemp@state.co.us.

The deadline for hemp producers to register with FSA was July 15, 2024. However, you can still be added to the Crop Reporting Register until July 15, 2025. Failure to register with FSA is a violation of Hemp Rule 8 CCR 1203, Part 3.7 and may result in a civil penalty.

Gamal Jadue Zalaquett, 34, founder of Kosmos in the San Luis Valley, calls himself a developer who aims to create "the most sustainable resort in the word." This summer, Jadue Zalaquett's company, Naturalia LLC, began construction of the first of 20 planned hemp-lime "villas." The panels were built nearby at Global Fiber Processing in Monte Vista, Colorado. (see full story)