How the Colorado Department of Agriculture Regulates Local CBD

If you’re buying CBD in the Centennial State, you aren’t just buying a supplement—you’re participating in one of the most strictly regulated agricultural programs in the country. That is why we are proud to be a Colorado born and based CBD brand.

Colorado is a national leader in hemp, but that "authority" isn't accidental. It’s built on a rigorous system of checks and balances between the Colorado Department of Agriculture (CDA) and the Department of Public Health and Environment (CDPHE). As a local operator, I’ve seen firsthand how these rules protect you from "gas station CBD" and ensure that what’s on the label is exactly what’s in the bottle, a core foundation of what I believe in and why I started Kyoto Botanicals.

Last updated: December 27, 2025 • Author: Kyoto Botanicals

CDA vs. CDPHE: Who Regulates What?

One of the most common points of confusion is which state agency is "in charge." In Colorado, it’s a tag-team effort:

• Colorado Department of Agriculture (CDA): They regulate the plant. They manage farm registrations, seed certification, and field testing to ensure crops don't exceed the 0.3% THC limit.
• Colorado Department of Public Health and Environment (CDPHE): They regulate the product. Once hemp is harvested and turned into oil, gummies, or topicals, it falls under food-grade safety standards.

The 2018 Farm Bill & Colorado’s Leadership

While the 2018 Farm Bill legalized hemp at the federal level, it left the "how-to" up to the states. Colorado was an early pioneer, submitting a comprehensive plan to the USDA that went beyond federal minimums. By treating hemp as an agricultural commodity rather than a controlled substance, Colorado paved the way for the high-purity broad-spectrum oils we produce today.

How the CDA Tests for Purity and THC

The CDA doesn't just take a farmer's word for it. They utilize Post-Decarboxylation testing. This is a scientific method that uses heat to convert THCA into THC, giving a "Total THC" reading.

If a crop tests above 0.3% Delta-9 THC, the CDA mandates it be destroyed. This ensures that only legal, non-intoxicating hemp enters the supply chain for brands like Kyoto Botanicals.

What Is an "Approved Source"?

For a CBD product to be legal in Colorado, the manufacturer must prove they used an "Approved Source." This means the hemp must come from a farm registered with the CDA or a state with a similarly rigorous program. When you buy Kyoto Botanicals, you are buying from a supply chain that has been documented from seed to shelf.

Colorado’s 2025 Safe Harbor Regulations

As of late 2024 and into 2025, Colorado implemented "Safe Harbor" rules. These regulations are designed to crack down on "intoxicating hemp" (like Delta-8) while protecting legitimate CBD consumers. Colorado law now requires manufacturers to undergo annual third-party audits (cGMP audits) to ensure facilities are as clean as a pharmaceutical lab.

Why Kyoto Botanicals Chose 0.0% THC Compliance

While the law allows up to 0.3% THC, we’ve always believed that "legal" isn't the same as "ideal."

• Consistency: Even 0.3% can show up on a drug test or cause "mental fog" in sensitive users.
• Safety: Our 0.0% THC broad-spectrum formula meets every CDA and CDPHE requirement while providing total peace of mind for parents, athletes, and professionals that are wondering "will cbd make me high".

How to Verify a Colorado CBD Product

Don't take a brand's word for it. Use these three steps to verify compliance:

1. QR Codes: Look for a QR code on the packaging that leads to a third-party Certificate of Analysis (COA).
2. Address: Does the brand have a physical presence in the state they claim? (Check our Colorado Retailer Map).
3. THC Levels: Confirm the lab results show "ND" (Non-Detected) or "0.0%" for THC if you are seeking a THC-free product.

Colorado CBD Regulation FAQ