In response to a growing list of stakeholders asking about the use of THC and other cannabidiols from industrial hemp by licensed marijuana businesses, the Colorado Marijuana Enforcement Division (the “MED”) today issued an industry bulletin.
Industrial hemp product is not permitted to be further processed or extracted before or after inclusion in a marijuana product. The prohibition includes any process that converts a hemp product, such as CBD isolate, into delta-8, delta-9, or delta-10-THC or other THC isomers or functional analogs.
Additionally, before taking possession of industrial hemp product, a licensee must verify that the product passed all required tests, including potency to ensure the product contains no more than 0.3% delta-9 THC on a dry weight basis. Any hemp with more than that amount of delta-9 THC is prohibited as an ingredient.
Notably, the MED did not take a position on the inclusion of properly tested hemp product that contains a significant amount of delta-8 THC, which has become quite popular in recent months at non-licensed retailers despite being in a regulatory grey area.
The bulletin noted that the MED might not have answered all questions about the use of hemp product in regulated marijuana, so stay tuned for further developments.
If you have questions about the bulletin, the use of hemp product in regulated marijuana, or any other issue concerning hemp, please contact Dan Garfield or Sean McAllister at 720-722-0048.