Colorado’s New Hemp Rules Suggest A Wave of Comprehensive State Regulations May Be on the Way

While the Food and Drug Administration (the FDA) continues to drag its feet in forging a legal path for the manufacture, sale, and distribution of hemp-derived products, state regulators are keeping up with the demands of this evolving market and adopting increasingly more nuanced and more sophisticated regulations for these products.

Several states, including Oregon and Colorado, first established hemp regulations in 2015, following the enactment of the 2014 Farm Bill. Though fairly comprehensive at the time, these regulations quickly became too broad to adequately regulate the wide range of product categories that eventually emerged on the market. To address this issue, these states have had to amend their regulations frequently to keep up with industry.

Earlier this year, the Colorado Department of Public Health and Environment (the CDPHE) adopted a new set of rules that recently went into effect (the labeling requirements as well as some of the testing requirements went into effect on July 1) and now constitute one of the most comprehensive regulatory frameworks in the country.

Many of the CDPHE’s newly adopted rules address issues that have become hugely important to the industry but have yet to be addressed by state regulators – and the FDA.

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