Greenspoon Marder Client Alert: Colorado Amendment X Passes to Redefine Industrial Hemp

Cannabis Blog Nov 8, 2018 Denver, CO

By: Kristen Morris and Nabil Rodriguez*

On November 6, 2018, Amendment X – a ballot measure set to redefine the term industrial hemp within the Colorado Constitution – passed with over 60 percent of voter approval.

The state’s definition of industrial hemp as “the part of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis” became part of the Colorado Constitution with the passing of Amendment 64 on November 6, 2012. As of November 6, 2018, Colorado was the only state in the U.S. to have a constitutional definition of industrial hemp. Amendment X changes the definition of industrial hemp to have the “the same meaning as it is defined in federal law or as the term is defined in Colorado statute.” Industrial hemp is currently defined in the federal Agricultural Act of 2014 as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

While this definition is substantially similar to the definition that Colorado had embodied in its Constitution as well as in its current agricultural statutes, its removal from the Constitution will allow the state to more quickly and easily adapt with the fast paced changes in the arena of hemp classification and legalization.

Under current federal law, all cannabis varieties – including industrial hemp – are classified as controlled substances as regulated by the federal Drug Enforcement Agency and the U.S. Department of Justice. However, federal legislation to remove industrial hemp from the definition of marijuana and the Controlled Substances Act is pending, and in the event that federal laws addressing or defining industrial hemp change, Colorado’s deferment to the federal definition would effectively keep Colorado in step with federal regulations.

Should you have any questions regarding how this new legislation may affect your business, please contact your Greenspoon Marder attorney.

*Nabil Rodriguez is not an attorney

About Greenspoon Marder

Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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