There are two categories: Open-Source Seed (i.e., any seed that is not Certified Seed) and Certified Hemp Seed and Clones.
Colorado DOES NOT mandate the use of Certified Hemp Seed or Certified Hemp Clones.
A grower may use any seed source they choose; however, it is recommended that when buying Open-Source Seed that the appropriate due diligence is conducted. Do some research and use a trusted source.
All seed distributed and sold must be labeled. Those responsible for bagging and labeling (tagging) the seed are required to register as a Seed Labeler. Retail Seed Dealers must also register if seed is sold in quantities larger than 1 pound.
CDA does not sell or supply seed.
All hemp fields, regardless of source of seed or clones, will be subject to inspection and sampling to verify THC levels.
- OPEN-SOURCE SEED (i.e., any seed not Certified Seed)
Note: Open-source seed that exists in Colorado may be variable and have unknown THC levels.
To Acquire Open-Source Seed
For a list of licensed hemp seed labelers for open-source seed and to see if a seed dealer is registered, the public can search for all seed dealers in AgLicense at https://www.ag.state.co.us/eLicense/SecurityLogin.aspxThe Seed Labeler program does not collect what seed types are being sold by each labeler, so the list will not tell you what type of seed the seed dealer sells. You will need to contact the seed dealer directly.
To Register as a Seed Labeler
To sell your seed legally you will need to contact the Seed Program directly at https://ag.colorado.gov/plants/seed and acquire a Seed Labeler license. Follow the link, or call the Seed Program directly to speak with Brian Allen, 303-869-9071.- CERTIFIED HEMP SEED OR CLONE
Certified Hemp Seed or Clone means Cannabis sativa L. certified by a Seed Certification Agency pursuant to the Federal Seed Act, 7 CFR §201.67 et. Seq. and the Colorado Seed Act, 35-27-103, C.R.S. For more information on Certified Hemp Seed, please refer to Colorado State University’s Colorado Seed Programs.
When anyone buys seed, there are certain expectations that the seed will germinate at a high rate and that there will not be any contaminant weed seeds, insect pests, and seed-borne diseases present. Also, the primary expectation a purchaser of seed has is that the variety of seeds listed on the seed label is true and not that of a different variety of hemp seed.
Trueness to type is of critical importance with Cannabis sativa. Ultimately, the purchaser of seed is relying on the integrity of the labeling information and counting on the assumption that the Cannabis seeds they purchase are hemp (THC< 0.3%) and not marijuana (THC> 0.3%).
The historical track record of truthfully labeled hemp varieties is poor and placed those purchasing and planting those seeds at extreme risk. Federal and State Seed labeling and Hemp laws regulate this arena. However, this regulation may not always be enough. Purchasing Certified Seed is one of the best mechanisms to add additional protections that alleviate risk to the farmer and add value to harvested crops.
How does one know which varieties are Certified and which are not Certified (aka common seed)?
The only way the purchaser knows that hemp seed is Certified is if it has an official blue label attached to the bag.