Colorado
General Regulation
1.75 mg THC per serving cap with a ratio of cannabidiol (CBD) to THC of greater than or equal to 15 to one (15:1). Serving is considered one can for beverages. For edibles/gummies, can have up to 5 servings. Additional or different limitations for products below 1.75mg per serving.
Must submit a Hemp Product Manufacturing or Storage Facility Registration to Colorado Department of Public Health and Environment. Annual registration with $100 fee. Must be using hemp from an 'approved source' and use a state-approved testing lab. All hemp and safe harbor hemp facilities need to submit an annual registration application to renew their registration. Due to the change in legislation renewals will no longer be possible.
Retailers have requested assurances that out-of-state producers are meeting the same requirements put in place for in-state manufacturers under the state's safe harbor law.
Labeling & Packaging Requirements
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None specified. Does require a manufacturing and packaging date.
Safe Harbor:
"Safe harbor hemp products" refers to products containing hemp-derived compounds or cannabinoids, including hemp-products in various stages of production, as well as finished products. Colorado has strict regulations on sales and distribution of certain cannabinoids, particularly those considered to be intoxicating, within the state. However, the safe harbor provisions allow Colorado-based businesses to manufacture, process, packagd, store, and prepare products containing prohibited cannabinoids in Colorado for distribution only outside the state, and not for sale within Colorado. Businesses looking to utilize these safe harbor provisions must also register their facilities with the Colorado Department of Public Health and Environment (CDPHE).
Labels and packaging shall not be designed to appeal to children (i.e. no cartoons or similar images). For safe harbor products, labels must comply with FDA food labeling requirements and CO hemp labeling requirements, including:
- Information of pricipal display or information panel must be prominent and conspicuous and no less than 1/16th in. in height.
- Product Identity Statement which indicates the common or usual name of the ingredient, and must appear on pricipal display in bold type.
- Net weight paralell to bottom of package in bottom third of principal display panel.
- Must identify the product is produced from hemp, and then sequentially: If applicable, identify as broad spectrum product; If applicable, identify as full spectrum product; Identify additional isolated cannabinoids; Identify additional ingredients, in descending order of predominance by weight.
- Milligrams for total THC per serving; total THC per individual product package, and ratio of CBD to THC per serving in the ingredients or directly below the ingredient list in bold type. If serving contains more than 1.25 mg of total THC, and less than a 20:1 CBD to THC ratio, label must indicate 21+ to purchase on principal display.
- Any major food allergens, milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, sesame, wheat and soybeans shall be clearly identified and listed separately.
- The serving and number of servings per package in accordance with Table 2, 21 CFR 101.12.
- Manufacturing address or qualifying phrase of firms relation to the product if contract manufactured, relabeled, or distributed by another company (e.g., "manufactured for" or "distributed by").
- A code or numbering system that identifies the date and location of manufacturing and packaging.
Except for broad spectrum products, products that contain THC, potentially intoxicating cannabinoids, or intoxicating cannabinoids must include a consumer notice statement that discloses the presence of the THC, potentially intoxicating or intoxicating cannabinoids, and includes at least the following notices (e.i., Warning Statement):
- potential of product to cause a positive drug test.
- potential for product to create impairment.
- statement that these products have not been evaluated for safety or efficacy.
- recommendation that pregnant, may become pregnant, or nursing consult with their physician about using these products.
- statement to keep out of reach of children.
If product contains CBD, this must be disclosed on the label and also include at least the following notices:
- recommendation that pregnant, may become pregnant, or nursing consult with their physician about using these products.
- the product may cause health problems including liver injury, damage to male reproductive health, and sedative effects that may impair your ability to drive a motor vehicle or operate machinery.
Labels and packaging shall not be designed to appeal to children (i.e. no cartoons or similar images).
Packaging shall be food-grade or GRAS.
Safe harbor product labels and packaging shall include a notice that identifies that the product is approved for sale outside of Colorado.