(The Center Square) – Colorado Gov. Jared Polis is expressing concern with new federal hemp restrictions, which experts say could impact the industry throughout the nation.
The restrictions were a part of Congress' continuing resolution that recently ended the government shutdown.
“It's disappointing to see the federal government leading with fear rather than a vision for the future, and cutting off access to a variety of hemp-based products,” Polis said. “Here in Colorado, we are proud of the community of farmers who were the first in the nation to begin growing hemp, and for their positive impact on our economy.”
Colorado has long been a leader in pushing the growth of the hemp industry. Its cultivation was first approved by Amendment 64 in 2012. In the following years, the state quickly moved to create the first U.S. state hemp regulatory program. That allowed farmers to register and begin legally growing hemp in 2014.
According to the U.S. Department of Agriculture, in 2023, the value of hemp production totaled $291 million. That's up 18% from 2022.
“I’ve been proud to advocate for hemp since my time in Congress,” Polis said. “From including it in the 2014 Farm Bill to flying a hemp flag over the United States Capitol on the 4th of July, all the way to the State’s groundbreaking Colorado Hemp Advancement & Management Plan, Colorado has been defining progress in the hemp industry and taking steps to regulate hemp responsibly.”
Hemp and cannabis come from the same plant, but hemp is generally grown for industrial and commercial uses. It contains very low levels of THC, the compound that produces a high. In Colorado, farmers cultivate hemp for its durable fiber, nutrient-rich seeds and cannabinoid-producing flowers that can be processed into products like CBD oil.
According to the state, cannabis and hemp are treated differently. It is currently illegal to make or sell THC products that have been manufactured from hemp in Colorado.
“Not enough is known about the health effects of using THC products made out of hemp,” the state says on its website regarding industrial hemp. “These include things like delta 8 vape cartridges and delta 8 candy. While Colorado’s Marijuana Enforcement Division regulates cannabis products, these THC products made of hemp are not regulated, and they could have chemicals that may harm your health.”
Under the new restrictions, hemp-derived CBD products with a THC content of greater than 0.4 milligrams are banned by the federal government. The provision is set to take effect in November 2026 and would apply to a majority of the products currently in the market in the U.S.
Colorado already has its own restrictions on THC content, especially in hemp plants, which is defined as no more than 0.3% delta-9 THC on a dry weight basis. There are also other restrictions in place by the state.
While the line between what is legal and illegal in both state and national law is a bit blurry for growers and manufacturers, there are still concerns that these new restrictions will further stifle the hemp industry in Colorado.
Polis called out Republicans in particular for passing the new restrictions.
“For a party that claims to support business and job growth, they have a funny way of showing it with their continued attempts to stifle growth and innovation,” the Democratic governor said.
In recent years, there has already been a dramatic decrease in Colorado’s hemp production. In 2022, licensed hemp acreage dropped to just 3,590 acres, according to a 2022 report. That’s a 95.5% decline from its 2019 high of approximately 80,000 acres.
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