publication December 22, 2023

Heads Up: Colorado and New York Hemp Product Regulations by Rend Al-Mondhiry

The Colorado Department of Public Health & Environment has filed proposed Hemp Product and Safe Harbor Hemp Product Regulations that implement Senate Bill 23-271 and, among other things, update and add new definitions establishing hemp product THC thresholds, create “safe harbor” hemp product registration requirements, add new enforcement provisions, and modify testing, labeling, and packaging requirements. The regulatory notice indicates the regulations will be published in the Colorado Register on Dec. 25, 2023, and will be effective Jan. 14, 2024.

In addition, New York’s Cannabis Control Board (CCB) voted to approve an amended version of the emergency regulation. Among other things, the regulation:

  • Establishes a 1 mg per serving and 10 mg per package limit for total THC in orally consumed cannabinoid hemp products. Such products are also limited to 3,000 mg of total cannabinoids per package, with no more than 100 mg of total cannabinoids per individual serving;
  • Permits tinctures — defined as non-potable edible cannabinoid hemp products that are a cannabinoid hemp extract solution, intended for human consumption or ingestion, dissolved in alcohol, glycerin, or plant-based oil — to contain up to 100 mg of total THC per package and 4,000 mg of cannabinoids per package;
  • Requires all products, except for flower products or topical products, to contain a ratio of CBD to THC that is 15:1 or higher, provided however, if CBD is not the primary marketed cannabinoid, the sum of cannabinoids excluding THC must have a ratio of 15:1 THC; and
  • Prohibits the sale of any cannabinoid hemp product containing more than 0.5 mg of total THC per serving to those under 21.

The regulation maintains the same THC limits and restrictions listed above. The previous version of the regulation was the subject of a preliminary injunction issued last month, after a judge found that CCB and OCM didn’t provide sufficient reasoning for the regulation. See N. Fork Distribution, Inc. v. N.Y. State Cannabis Control Bd., 2023 N.Y. Slip Op. 23350 (N.Y. Sup. Ct. 2023). As with the previous regulation, the amended emergency regulation will be effective upon filing in the New York State Register (timing unclear).

Please contact Rend Al-Mondhiry if you have any questions.