New federal hemp ban could impact Colorado farmers, producers

COLORADO SPRINGS, Colo. (KKTV) - The funding package that reopened the federal government on Wednesday could have a massive impact on the hemp industry in Colorado.

Brian Vicente, an attorney at Vicente LLP, said language in the new federal law bans the manufacture and sale of hemp products with more than 0.4 milligrams of THC per container. According to the U.S. Hemp Roundtable, the move will ban more than 95 percent of all available hemp products.

According to a summary from the Senate Appropriations Committee, the law also prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products.

Vicente said the ban, which is set to go into effect in 2026, could have a big impact on Colorado’s hemp industry.

“Colorado is known as a state that produces quality hemp products, we have very tight regulations on that, and then we sell them across the country,” he said. “There are hundreds of people, including farmers, doing this in Colorado that are now looking at an end to their profession if we can’t fix this loophole in the next year.”

Governor Jared Polis released the following statement on Thursday:

11 News has reached out to members of Colorado’s congressional delegation, including Senators Michael Bennet and John Hickenlooper, as well as Representative Jeff Crank, for comment.

Bennet’s office sent the following statement Friday:

According to CBS News, federal law treated hemp and marijuana as the same for decades. But that changed in 2018 when the Farm Bill defined hemp as cannabis containing no more than 0.3% delta-9 THC and fully legalized its production and interstate transport. However, Vicente said a loophole quickly emerged.

“You could distill that plant down into a very high potency product, 100 milligrams, 200 milligrams, didn’t really matter as long as it came from that source plant, which was low THC,” Vicente said. “Certain states, and to be frank, certain bad actors made pretty powerful products.”

Colorado law requires that all regulated hemp facility products must be tested and contain no greater than 1.75 milligrams of total THC.

In October, 39 state attorneys general, including Colorado Attorney General Phil Weiser, signed a letter, urging Congress to clarify the federal definition of hemp.

You can read the full letter here:

11 News has reached out to Weiser’s office for comment.

Those at One Chance to Grow Up, a non-profit, said closing that loophole represents a critical victory for protecting kids.

Co-founder and National Policy Director Diane Carlson said she was elated when the ban went into law.

“We had all these products masquerading as quote, unquote hemp and in the public’s mind, that’s not supposed to be psychoactive, it’s supposed to be safe,” she said.

Carlson said the consequences were enormous.

“You had kids being poisoned, you had ER visits, hospital visits, there have even been deaths,” she said.

The ban will go into effect on November 13, 2026. Vicente said, by that time, he hopes to get a more common-sense policy in place.

“Colorado has a vibrant history of paving the way for cannabis laws and sort of doing what they feel is right for this state, no matter what the federal government says,” he said.