Hemp Products Deemed Not Adulterated Or Misbranded
Concerning modifications to the "Colorado Food and Drug Act" to allow products containing industrial hemp, and, in connection therewith, establishing that products containing industrial hemp are not adulterated or misbranded by virtue of containing industrial hemp.
The bill modifies the 'Colorado Food and Drug Act' to establish that food, cosmetics, drugs, and devices, as those terms are defined in the act, are not adulterated or misbranded by virtue of containing industrial hemp. The bill also defines 'industrial hemp' and 'industrial hemp food product' and sets forth the department of public health and environment's powers with regard to applicants and registrants engaged in, or attempting to engage in, the wholesale food selling, manufacturing, processing, or storage of an industrial hemp food product.
(Note: This summary applies to this bill as introduced.)
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Fact Sheet for Hemp Foods Bill 2018
MAIN Goal: Add a new definition of Hemp Foods Product in the Colorado Pure Foods and Drugs Law, which will make Industrial Hemp not adulterated and not mislabeled. The Bill also removes the words Cannabis and Marijuana to treat Industrial Hemp like corn or carrots!
ADD NEW Definition: “HEMP FOODS PRODUCT” MEANS A FINISHED PRODUCT CONTAINING A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF NO MORE THAN THREE-TENTHS OF ONE PERCENT THAT IS A COSMETIC, FOOD, FOOD ADDITIVE, OR HERB FOR HUMAN USE OR CONSUMPTION CONTAINING ANY PART OF THE HEMP PLANT INCLUDING NATURALLY OCCURRING CANNABINOIDS, COMPOUNDS, OR DERIVATIVES FROM INDUSTRIAL HEMP.
Issues with existing CDPHE Policy Statement
CDPHE refused to change the Food and Drugs Act last year and threatened to have the Hemp Foods Bill Vetoed by the Governor if passed.
Last year, $80,000 was raised to pay for lobbyists to lobby in favor of the Hemp Foods Bill in 2017. The bill never came to fruition, the $80,000 has disappeared and the industry has been severely disappointed and impacted.
CDPHE claims the policy statement was done with the help of Hemp Industry Leaders – this is not true and they intentionally excluded key stakeholders in these discussions and held meetings behind closed doors with unregistered lobbyists.
CDPHE’s policy statement provides zero legal protection for farmers, processors, manufacturers and consumers of Hemp Foods as well as from future federal intervention.
CDPHE policy statement requires CDPHE approval of the Industrial Hemp, which is unlike how they regulate other foods. CDPHE is not treating hemp like corn or carrots.
CDPHE was the original cause of the hemp CBD/food chaos in the Hemp Industry in 2016, which lead the way for the intended Hemp Foods Bill fully supported by the Colorado hemp Industry.
CDPHE policy can be changed at will by the department – policy statement is not law.
CDPHE has provided zero protection/protocol and oversight to Hemp processors who extract/concentrate Hemp resin/compounds/Cannabinoids (and in some cases remove THC in large amounts).
CDPHE has proven itself very hard to work with both before and under the new policy statement. CDPHE’s actions have forced numerous hemp farmers, processors and manufactures to hire attorneys in order to get them through what should be a simple licensing process. This has caused undue and unnecessary burden and expenses.
The policy statement provided no deadlines and or requirements for CDPHE to grant licenses or legal standing for applicants.
Adding a definition of Hemp Foods in the Colorado Food and Drug Act is critical to protect our thriving industry from DEA, FDA and future targeted legal actions against individual farmers, processors and/or manufactures.
Both FDA and DEA has made it clear that CBD is considered a Schedule 1 Drug and all producers and distributors are in violation of 2 Federal Laws: 1) CSA and 2) Federal Foods and Drugs Act.
Why the Hemp Foods Bill is CRITICAL to pass in 2018
GW Pharmaceuticals Bill – GW (a foreign company) has been given exclusive rights to use Federal patents on Cannabinoids like CBD.
GW Pharmaceuticals has passed multiple bills in other States, which have made possession, distribution and cultivation of CBD products illegal and considered Schedule 1. Citizens of those States must have a prescription and products have been pulled off the shelves in multiple States. Charges and arrests have also been made over CBD and CBD products in some of these States.
GW Pharmaceuticals is expected to get FDA approval of their CBD product in June 2108.
GW Pharmaceuticals falsely claims they need state approval to perform clinical trials.
GW Pharmaceuticals falsely argues that Insurance companies will pay for these FDA approved CBD products.
GW Pharmaceuticals has made statements that both Industrial Hemp CBD products and prescription products can coexist. These statements are absolutely false as a scheduled drug cannot also be a food.
GW Pharmaceuticals argues that doctors need the ability to prescribe CBD products. This is not true when these same products are on store shelves all over Colorado.
GW Pharmaceuticals brings zero value to the existing Industrial Hemp industry and does not intend to work with local hemp farmers.