CDA/CDPHE Meeting Summary

On Tuesday, H&F Managing Partner Bob Hoban attended a meeting with the Colorado Department of Agriculture (CDA) and the Colorado Departement of Public Health and the Environment (CDPHE). The meeting served as an informal update as to their progress in working with federal agencies to fully express their concerns regarding Colorado-produced food and products containing hemp.

As most of you know, current regulations allow for industrial hemp seed with .3% THC content, or lower, and related products are acceptable to use in production. What many of you are wondering, and we are trying to get an answer to, is whether oil from other hemp plant parts or micro-greens can be used as well. The CDA and CDPHE are working with federal agencies to understand the status of hemp extracts from non-seed parts of the plant and whether or not that fits under the definition of "food." Other definitions the are trying to clarify are "adulterant" and "deleterious."

It is my understanding that the Federal Department of Agriculture (FDA) considers CBD and other cannabinoids to be "adulterants" under the Controlled Substances Act (CSA). Most in our industry feel that categorizing CBD under the CSA is a mistake and misunderstanding of the law as previously decided by the 9th Circuit District Court of the United States. Although Colorado has exempted itself from the CSA, we are seeking for clarification from the federal government as to Colorado's lack of regulatory enforcement as to CBD, which we believe follows the federal government's lack of regulation under the "adulterant" language.

It is the position of many in our industry that as long as hemp food companies continue to comply with general food safety guidelines, get a GMP, labeling regs they are operating lawfully under Colorado's regulatory guidelines. Until there is a legislative and/or statutory fix, we are seeking a position of discretionary enforcement from CDPHE.

Representatives from the National Hemp Association (NHA) were also present at this meeting. The NHA is continuing its work on industry food standards, manufacturing and processing standards, cultivation and agricultural standards..etc as CDPHE acknowledged that would be most helpful and beneficial to them as well as the industry.

More updates will follow as we continue to meet with the CDA and CDPHE.