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 LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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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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