Update on Industrial Hemp from the Colorado Department of Health and Environment (CDPHE)


Update on Industrial Hemp from the Colorado Department of Health and Environment (CDPHE)

This week COHIA had a meeting the Colorado Department of Health and Environment (CDPHE) to discuss the regulation of Hemp and Hemp products in Food. The goal of the meeting was to establish a relationship between the Colorado Hemp Industries Association and the department and to ask for some clarity about Hemp in Food.

There were a few clarifications, excellent questions and the identification of ways that we can work together that I want to share with our members.


-Programs at CDPHE work directly with the Department of Revenue to oversee Marijuana both medicinal and recreational.

-CDPHE is working with CDA to clarify when oversight of hemp transfers from CDA to CDPHE.  More to come on this topic.

-Good Manufacturing Practice (GMP) for food and food additives is the job of the CDPHE.

-the Cottage foods act does not allow for the use of CBD.  Hemp seed is considered an approved and allowable ingredient for cottage food producers. – CDPHE unlike other states does not regulate cosmetics.  Oversight of cosmetics is done by FDA.

-CDPHE is excited to work with our industry to ensure that Colorado Hemp Products are of the highest quality for the consumers and wants to engage with us to assist in assuring that as this emerging market continues to grow; complaint products are produced.

-It is illegal to add unbottled CBD to food products; so you cannot simply add CBD to a drink or honey at the point of sale.


If it’s illegal to add nonlabelled CBD products to food; then what do they recommend?

-Present the product unopened with it’s label including ingredients and nutritional statement where the consumer can look at it before purchase and during consumption.

Hemp flower is an agricultural commodity after it is pre-processed, then extraction is the first step in processing and should be regulated. How does this effect the extraction services and market for that product?

-The extractors and extraction process is under the regulatory jurisdiction of the CDPHE and should also meet the Good Manufacturing Practice that they put forth. It is a product that will be consumed and it is in the Hemp industries best interest to keep our consumers health and experiences in mind.

How can we leverage the CDPHE to assist us in the creation of a nutritional supplement market?

-They want to work with the Hemp Industry and are can promote not only compliance but are willing to answer questions           without fear of compromise.

If the cottage food act does not protect small batch Hemp producers what do they recommend?

-Even with small batch production, work to meet labeling and nutritional guidelines as recommended by the CDPHE and FDA.

If a Hemp product tests hot does it immediately pass into the marijuana enforcement?

-This is being considered right now by the CDPHE, CDA and Marijuana enforcement.

My thanks to Laura Van Wagenen of the CDPHE.

Laura Van Wagenen
Federal Manufactured Foods and Recall Program Coordinator
303.692.3649  |  F 303.753.6809  | C 720.355.3861
4300 Cherry Creek Drive South, Denver, CO 80246

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