Business

Four Colorado Weed Industry Rules That Are About to Change

Colorado's cannabis industry keeps growing, and so must its regulations.
Colorado's cannabis industry keeps growing, and so must its regulations. Jacqueline Collins
Colorado’s cannabis industry is still changing at a rapid pace. The industry’s watchdog, the state Marijuana Enforcement Division, updates its rules and regulations every year in hopes of catching up with the expanding field, which is growing like a weed in more ways than one.

The MED’s annual meetings aren’t unique to cannabis; plenty of regulatory agencies update their rules each year. But governing a federally illegal industry that is continually developing new methods for ingestion, packaging and product extraction takes a lot of work. That’s why the MED held six stakeholder meetings over the summer and into the fall, with public health and regulatory officials, industry members, law enforcement representatives and other individuals that make up Colorado’s legal cannabis picture.

On Tuesday, October 16, the MED held its last stakeholder meeting before the new rules will be officially introduced. A final draft was presented for public comment, and the MED will consider written feedback before issuing new language prior to 2019.

“Stakeholder engagement allows the department to hear and incorporate much of the stakeholder feedback into final adopted rules,” MED director Jim Burrack explains. “In addition to working in partnership with the Colorado Department of Public Health and Environment and the Colorado Department of Agriculture to develop these rules, the Department of Revenue and the MED engaged in a collaborative process with various stakeholders including public health officials, public safety and children’s advocates, law enforcement, local licensing authorities, and members of the marijuana industry.”


Although the final details were still being ironed out after the meeting, what is and isn’t being changed has largely been determined. A majority of the rule updates were required after the passage of eight cannabis-related bills by the Colorado Legislature during the 2018 session, with the official language and schedule determined during the rulemaking process. Here are four ways the pot industry is expected to change in 2019 as a result:

Heavy Metals Testing
The MED’s new regulations would require every harvest batch of medical and recreational cannabis to be tested for heavy metals, including but not limited to arsenic, cadmium, lead and mercury. While the MED says heavy-metal testing requirements have been in place for a couple of years, testing was never mandated. That could change on July 1, 2019, the date when the current draft of the new rules says additional testing would be required.

Cannabis nutrients can carry levels of the aforementioned heavy metals as well as others, which seep into the soil and subsequently accumulate in the plant. The metals aren’t limited to chemical fertilizers, points out L’Eagle cultivation director Phillip Jacobson; organic fertilizers such as fish oils and bat guano can contain them because the fish and bats may have consumed polluted air, water and food.

If the heavy-metal rules kick in, Jacobson expects quite a few cultivators around town to rethink their growing practices. Because of a lack of both regulation and research, many growers simply don’t know about the residual metals left from nutrients they’re using. Jacobson suggests: “Go to the California and Washington [departments of agriculture] websites, and see what’s inside what you’re using.”
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Thomas Mitchell has written about all things cannabis for Westword since 2014, covering sports, real estate and general news along the way for publications such as the Arizona Republic, Inman and Fox Sports. He's currently the cannabis editor for westword.com.
Contact: Thomas Mitchell