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leagl regulations for cannabis seeds and documentation

No matter how well-prepared to break into the Colorado cannabis industry you may find yourself, legal marijuana is still a highly contentious and questionable legal area as of this writing. There are many legal pitfalls and there are even roadblocks built into the system that intentionally make the process of becoming a legitimate marijuana business difficult, and thus, you should NOT proceed without legal counsel.

Amendment 64, s.16 to the Colorado Constitution defines industrial hemp as “a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.” Any cannabis plant with THC over 0.3% is considered to be marijuana and not “industrial hemp.” Keep in mind that this is simply a regulatory distinction and is NOT a botanic one.

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Maximize your chances of a successful application, stay compliant, and see road bumps before they happen with an experienced, capable business lawyer from Robinson & Henry.

Local fees will also apply depending on the county/city you plan to operate in. Localities that allow marijuana sales (Excel document). You need a local license as well as a state-level license to operate, so keep in mind that you will need to pursue the relevant local credentials before operating in that area.

Colorado’s state licensing authority is meticulous about the quality of cannabis-based businesses they want to see in Colorado, to put it mildly. Your application must reflect that your business has been well thought out, planned, and that you have the resources and know-how necessary to run it legally and effectively. Lacking important traits will get your application a flat rejection from the Marijuana Enforcement Division.

Once you’ve completed your materials, you’ll send them here:

Discrete unit (s. 96)

This requirement may apply to a holder of a licence for sale for medical purposes with respect to ensuring that the requirements section 83 of the Cannabis Regulations have been met.

In addition, licence holders must retain documentation containing the test results for each lot or batch tested.

5.2.12 Clothing, footwear and protective coverings

Further requirements related to pest control products are found in sections 92.1, 92.2, 93(2) and 94(1) of Part 6 of the Cannabis Regulations and in Health Canada’s document entitled Mandatory cannabis testing for pesticide active ingredients – Requirements that sets out the requirements for mandatory testing of cannabis for pesticide active ingredients. For more information on these requirements, refer to it and Appendix D.

As per subsection 81(2), edible cannabis may be treated during the course of production with a pest control product referred to in subparagraph 3(1)(b)(ii) of the Pest Control Products Regulations.

Licence holders are responsible for understanding and complying with all GPP requirements that apply to their class of licence and range of authorized activities. They must be able to demonstrate that cannabis has been produced, distributed and sold in accordance with the Cannabis Regulations.

Documentation describing the validated test methods used must be retained for at least two years after the day on which they are replaced.