It’s crunch time in Colorado as lawmakers and stakeholders furiously work to develop legislation to address the growing issue of intoxicating compounds being sold unregulated at retail under the hemp name. A few weeks ago, Colorado legislators introduced SB 22-205 which we oppose, as do pretty much every other hemp and cannabis stakeholder organization in the state. (Here’s our critique).
Last night, our Board of Directors approved an approach which we hope will help resolve the stalemate between hemp and marijuana industry stakeholders. Our legislative language is here, while a comprehensive summary is here.
In short, this legislation:
- Prohibits the retail sale of intoxicating products that contain D8, D10 and other forms of THC and their isomers produced through chemical synthesis or conversion, and products that contain an amount of D9 per serving that is substantially higher than 2 mg. The bill provides an exception for in-process materials, byproducts and bulk ingredients.
[There would be no criminal penalties, however, and Colorado manufacturers would still be able to manufacture, hold, distribute and sell higher limit products to states where they are legal.]
- Immediately empowers the state to launch a comprehensive regulatory process, based on sound science that deeply involves hemp stakeholders, that would determine permanent limits/restrictions on intoxicating compounds.
[However, a safe harbor would be provided whereby manufacturers of products that exceed the permanent limits, or that are categorized as intoxicating, could still sell those products in Colorado if they make a demonstration of safety, such as through self-GRAS, an NDIN or third-party certification.]
Of course, we are not dogmatic about our approach or our specific language, and Roundtable counsel has been empowered to work closely with Colorado industry stakeholders to develop common ground compromises that are in the best interests of hemp farmers and businesses.
With less than two weeks left in the legislative session, things will be moving very quickly. Stay tuned to this site for more updates on progress in this important effort.