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Colorado Amendment X, Definition of Industrial Hemp Amendment (2018)

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Colorado Amendment X
Flag of Colorado.png
Election date
November 6, 2018
Topic
Marijuana
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Colorado Amendment X, the Definition of Industrial Hemp Amendment was on the ballot in Colorado as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported removing the definition of industrial hemp from the Colorado Constitution and instead requiring that industrial hemp have the same definition as in federal law.
A "no" vote opposed removing the definition of industrial hemp from the Colorado Constitution and instead requiring that industrial hemp have the same definition as in federal law.


Supermajority requirement: A 55 percent supermajority vote was required for the approval of Amendment X.

Election results

Colorado Amendment X

Result Votes Percentage

Approved Yes

1,421,630 60.64%
No 922,597 39.36%
Results are officially certified.
Source

Overview

Measure design

Amendment X was designed to remove the definition of "industrial hemp" from the Colorado Constitution and instead require that industrial hemp have the same definition as in federal law, or if federal law allows a state to define industrial hemp, in state statute. However, federal law did not allow states to define industrial hemp as of 2018. The state Constitution defined industrial hemp as "the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths percent on a dry weight basis." Federal law defines industrial hemp as "the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."[3][4][5]

The industrial hemp definition was added to the state constitution by Amendment 64, the marijuana legalization initiative that was approved by Colorado voters in 2012.

What is industrial hemp?

Industrial hemp is comprised of parts of the cannabis sativa plant containing low levels of THC and is used for a variety of products, including:[6][7]

  • Textiles, fabric, yarn, rope, fiber;
  • Paper, construction, insulation;
  • Cosmetics, personal care products; and
  • Food, beverages, nutritional supplements.

Why was this amendment on the ballot?

The office of Sen. Stephen Fenberg (D-18), one of the prime sponsors of this amendment in the legislature, said that federal law is expected to change to permit more hemp cultivation and having the definition of industrial hemp in the state's constitution prevents the legislature from adapting state laws in accordance with changes at the federal level. This amendment was designed to provide the state legislature with more flexibility in regulating industrial hemp.[8]

Text of measure

Ballot title

The ballot title was as follows:[4]

“ Shall there be an amendment to the Colorado constitution concerning changing the industrial hemp definition from a constitutional definition to a statutory definition?[9] ”

Summary and analysis

The summary and analysis provided for this measure in the Colorado 2018 State Ballot Information Booklet (also known as the Blue Book) was as follows:[10]

Background. Amendment 64, which legalized the recreational use of marijuana in Colorado in 2012, added a definition of "industrial hemp" to the Colorado Constitution. The definition states that industrial hemp is "the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta 9 tetrahydrocannabinol [THC] concentration that does not exceed three-tenths [0.3] percent on a dry weight basis." The definition of industrial hemp in federal law sets the same limit for THC concentration. Impact of the measure. Amendment X removes the definition of industrial hemp from the state constitution and gives the term the same meaning as in federal law or state statute. In the event that federal law changes, Colorado would maintain compliance with federal regulation.

What is industrial hemp? Industrial hemp (commonly referred to as "hemp") is an agricultural commodity that belongs to the cannabis family. Industrial hemp is not marijuana. Cultivated hemp has trace amounts of delta-9 tetrahydrocannabinol (THC), typically around 0.3 percent. Industrial hemp’s applications include building material, food, fuel, medicine, paper, plastic substitute, rope, and textiles.

Industrial hemp and federal law. Under current federal law, all cannabis varieties including industrial hemp, are classified as controlled substances regulated by the federal Drug Enforcement Agency in the U.S. Department of Justice. The U.S. Congress currently has legislation pending regarding industrial hemp.

Industrial hemp industry in Colorado. As of June 1, 2018, there are 688 registered hemp growers in Colorado cultivating 23,500 outdoor acres and 3.9 million indoor square feet of industrial hemp.

Constitutional changes

See also: Article XVIII, Colorado Constitution

The measure amended section 16 of Article XVIII of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[4]

Section 16. Personal use and regulation of marijuana. (2) Definitions. As used in this section, unless the context otherwise requires, (d) "Industrial hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basishas the same meaning as it is defined in federal law or as the term is defined in Colorado statute.[9]

Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 21, and the FRE is -12. The word count for the ballot title is 23, and the estimated reading time is 6 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Sponsors

The following legislators sponsored this amendment:[3]

Prime sponsors:

Other sponsors and co-sponsors:

Arguments

  • Amendment sponsor Sen.Stephen Fenberg (D-18) said, "We were a pioneer in regulating marijuana and hemp and this industry, and this is really to make sure Colorado can stay on the forefront of that. It just ensures we have the flexibility for our farmers to be able to do what they need to do to be able to compete nationally, if not internationally."[11]
  • Hemp farmer and president of the Hemp Industry Association Tim Gordon said, "Is it an uphill battle? You’re damn right. But is it a battle that this industry will go to bat for? You’re damn right."[11]

Official arguments

The supporting argument provided for this measure in the Colorado 2018 Blue Book was as follows:[10]

“ Colorado is the leading producer of industrial hemp in the country and the only state with a definition of industrial hemp in its constitution. Striking this definition will allow Colorado’s hemp industry to remain competitive with other states as the regulatory landscape evolves for this crop.[9] ”

Opposition

Vote No on Amendment X (Keep Hemp Legal) led the campaign in opposition to Amendment X.

Legislators voting against referral

Five legislators voted against putting the amendment on the ballot:[3]

Opponents

  • State Ballot Issue Committee (13 Issues)[12]
  • Matthew Kahl, executive director of Veterans for Natural Rights

Arguments

Matthew Kahl, executive director of Veterans for Natural Rights, wrote: "I'm not going to trust every future Legislature in perpetuity with the definition of hemp. Legislators and cunning lobbyists are using the desires of the hemp industry for more leeway and our fear of competition against us, all so they get what they want and we won’t get what we want. We have the strongest guarantees for cannabis cultivation in the country, because it’s in our constitution. Don’t let them take it out. Don’t get lost in the weeds. Vote 'no' on Colorado Amendment X.[13]

Official arguments

The opposing argument provided for this measure in the Colorado 2018 Blue Book was as follows:[10]

“ Colorado voters added the definition of industrial hemp to the Colorado Constitution through the initiative process. The measure may deviate from the voters' original intent.[9] ”


Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Durango Herald wrote: "Amendment X is backed by the Colorado hemp industry, which right now is the largest in the country. Adopting the federal definition will allow hemp growers in the state to be flexible in case the federal government allows changes in the definition of industrial hemp. Amendment X is a proactive measure that protects hemp farmers going forward. If new hemp strains are developed that can produce more valuable hemp products per plant, for example, hemp oil, while also containing less than .3 percent THC, Colorado growers should not be prohibited by their constitution from taking advantage. We vote YES on Amendment X."[14]
  • The Gazette wrote: "A yes vote favors removing the definition of industrial hemp in the Colorado Constitution and replacing it with the federal definition. Vote yes on this logical linguistic tuneup."[15]
  • The Greeley Tribune wrote: "We’re not always fans of making changes to the state’s constitution, but in the case of Amendment X, we think it just makes good sense. The measure would remove from the constitution the definition of hemp. Doing so would allow the Legislature to respond more quickly to changes in the federal policy for the definition of hemp and allow farmers in our state to compete against other growers that don’t have a definition enshrined in their constitution."[16]
  • The Aspen Times wrote: "Colorado continues to be a standard, and shows the ability to adapt and amend its cannabis laws. Colorado is the country's largest producer of hemp, and we should continue to encourage that industry to grow. While still regulating it, we need to remove the definition from the Constitution and make it statutory to help the state remain competitive."[17]

Opposition

  • Westword wrote: "The politicians are at it again. Amendment X tries to mislead voters into giving people less power, and politicians more power, by gutting the state’s constitutional protection and legalization of “industrial hemp. But Amendment X is mischaracterized as routine tinkering, as 'changing the industrial hemp definition from a constitutional definition to a statutory definition.' No. Amendment X would eliminate any definition. Currently the Colorado Constitution locks in a minimum protection for cannabis that has 0.3 percent THC (marijuana’s active ingredient). Amendment X would redefine industrial hemp as 'has the same meaning as it is defined in federal law or as the term is defined in Colorado statute.' The DEA currently claims that industrial hemp is illegal under federal law. Amendment X would allow the legislature to re-criminalize hemp."[18]

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures


Total campaign contributions:
Support: $2,632.00
Opposition: $0.00

One committee, Win the Fourth Colorado Issue Committee, was registered to support the measure.[19] The committee had raised $2,632.00 in cash contributions and had spent $2,538.82.

Two committees were registered to oppose the measure: Vote No on Amendment X (Keep Hemp Legal) and the State Ballot Issue Committee. Neither committee had reported any campaign finance activity.

Many committees were simultaneously registered to support and oppose multiple measures, therefore it is impossible to distinguish between funds spent on a particular measure. A full list of the committees and their various positions on the 13 statewide measures in Colorado can be found here.



Support

Committees in support of Amendment X
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Win the Fourth Colorado Issue Committee$2,632.00$0.00$2,538.82
Total$2,632.00$0.00$2,538.82
Totals in support
Total raised:$2,632.00
Total spent:$2,538.82

Background

What is industrial hemp?

Industrial hemp is comprised of parts of the cannabis sativa plant containing low levels of THC and is used for a variety of products, including:[20][21]

  • Textiles, fabric, yarn, rope, fiber;
  • Paper, construction, insulation;
  • Cosmetics, personal care products; and
  • Food, beverages, nutritional supplements.

Definitions of industrial hemp

The Colorado Constitution defines industrial hemp as "the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths percent on a dry weight basis." Federal law defines industrial hemp as "the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."[4][5]

According to the background information found in the legislative fiscal impact statement for this amendment, "Federal law does not currently allow states to define the term 'industrial hemp' in statute."[5]

Why remove the definition from the state constitution?

The office of Sen.Stephen Fenberg (D-18), one of the prime sponsors of this amendment in the legislature, provided the following explanation of why this amendment was put on the ballot:[8]

“ There's an expectation that federal law is going to loosen and now permit hemp cultivation. Since we define the thc level in our constitution, we wouldn’t be able to make nimble changes to make it consistent with federal law in the future. So, if the measure passes on the ballot then the definition would be in statute instead of constitution and would give the industry more flexibility. If we don’t do this, there’s a good chance our industry will have a disadvantage compared to other states.[9] ”

Industrical hemp in the United States

In 2014, the federal Agricultural Act of 2014 was passed. Section 7606 of the Agricultural Act of 2014 allowed for legally growing industrial hemp for the purposes of agricultural or academic research in accordance with state laws or as a state-sanctioned pilot program. The 2014 federal act did not remove hemp products from the controlled substances list, leaving industrial hemp as an illegal substance under federal law except in the specific cases that fell under the provisions in Section 7606 of the Agricultural Act of 2014.[22]

According to the National Conference of State Legislatures, "At least 35 states passed legislation related to industrial hemp. State policymakers have taken action to address various policy issues — the definition of hemp, licensure of growers, regulation and certification of seeds, state-wide commissions and legal protection of growers. Some states establishing these programs require a change in federal laws or a waiver from the DEA prior to implementation."[23]


Referred amendments on the ballot

From 1996 through 2016, the state legislature referred 29 constitutional amendments to the ballot. Voters approved 15 and rejected 14 of the referred amendments. All of the amendments were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between 2 and 3. The approval rate of referred amendments at the ballot box was 51.72 percent during the 20-year period from 1996 through 2016. The rejection rate was 48.28% percent.

Legislatively-referred constitutional amendments, 1996-2016
Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
29 15 51.72% 14 48.28% 2.64 3 0 4

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced in the state Senate by Senators Vicki Marble (R) and Stephen Fenberg (D) as Senate Concurrent Resolution 18-003 (SCR18-003) on April 11, 2018. It passed the Senate unanimously on April 23, 2018, and was introduced into the state House on April 24, 2018. The amendment passed in a vote of 60-5 in the House on May 3, 2018.[3]


Vote in the Colorado State Senate
April 23, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total3500
Total percent100%0%0%
Democrat1600
Republican1800
Independent100
Vote in the Colorado House of Representatives
May 3, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  Approveda
YesNoNot voting
Total6050
Total percent92.30%7.69%0.00%
Democrat3600
Republican2450

How to cast a vote

See also: Voting in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.[24][25]

Registration requirements

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.[26]

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.[26][27][28]

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.[27]

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[29] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of August 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“ The following documents are acceptable forms of identification:
  • A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.)
  • A valid U.S. passport.
  • A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado.
  • A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S.
  • A valid U.S. military identification card with a photograph of the eligible elector.
  • A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
  • A Certificate of Degree of Indian or Alaskan Native Blood.
  • A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services.
  • A certified copy of a U.S. birth certificate for the elector.
  • Certified documentation of naturalization.
  • A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S..
  • A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector.
  • A valid identification card issued by a federally recognized tribal government certifying tribal membership.

Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification.

The following documents are also considered acceptable forms of identification for voting:

  • Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S.
  • Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S.
  • Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.[30][9]
 ”
  • Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

External links

Footnotes

  1. ↑ Same-day registration was available for those voting in person at Voter Service and Polling Centers,
  2. ↑ Same-day registration was available for those voting in person at Voter Service and Polling Centers,
  3. ↑ 3.0 3.1 3.2 3.3 Colorado General Assembly, "SCR18-003 Change Industrial Hemp To A Statutory THC Limit," accessed April 25, 2018
  4. ↑ 4.0 4.1 4.2 4.3 Colorado General Assembly, "SCR18-003 Complete Text," accessed April 25, 2018
  5. ↑ 5.0 5.1 5.2 Colorado General Assembly, "SCR18-003 Fiscal Note," accessed April 27, 2018
  6. ↑ Hemp Ethics, "What is industrial hemp?" accessed May 6, 2018
  7. ↑ Congressional Research Service, "Hemp as an Agricultural Commodity," accessed May 6, 2018
  8. ↑ 8.0 8.1 Ballotpedia Staff Writer, "Email correspondence with the office of Sen. Fenberg," June 3, 2018
  9. ↑ 9.0 9.1 9.2 9.3 9.4 9.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  10. ↑ 10.0 10.1 10.2 Colorado General Assembly, "2018 Blue Book," accessed October 10, 2018
  11. ↑ 11.0 11.1 Colorado Independent, "Why an ‘industrial hemp’ question on Colorado’s ballot is important to a fledgling agricultural industry," accessed October 6, 2018
  12. ↑ 13 Issues, "Home," accessed October 1, 2018
  13. ↑ The Pueblo Chieftain, "Amendment X would hurt small farmers," accessed October 30, 2018
  14. ↑ Durango Herald, "Our endorsements," accessed September 25, 2018
  15. ↑ The Gazette, "Gazette's Endorsements Election 2018: Ballot Issues," accessed October 15, 2018
  16. ↑ Greeley Tribune, "Tribune Endorsement: Change to hemp rules just makes sense," accessed October 18, 2018
  17. ↑ Aspen Times, "Aspen Times Editorial: Breaking down the state ballot questions," accessed October 31, 2018
  18. ↑ Westword, "Op Ed: Vote No on Amendment X, Keep Hemp Legal and Constitutional," accessed October 15, 2018
  19. ↑ Colorado Secretary of State, "Committee Search," accessed September 22, 2018
  20. ↑ Hemp Ethics, "What is industrial hemp?" accessed May 6, 2018
  21. ↑ Congressional Research Service, "Hemp as an Agricultural Commodity," accessed May 6, 2018
  22. ↑ The Federal Register, "Statement of Principles on Industrial Hemp," August 12, 2016
  23. ↑ National Conference of State Legislatures, "State Industrial Hemp Statutes," accessed May 31, 2018
  24. ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed August 6, 2025
  25. ↑ LexisNexis, "Colorado Revised Statutes, § 1-7-101," accessed August 6, 2025
  26. ↑ 26.0 26.1 Colorado Secretary of State, "Voter Registration FAQs," accessed August 6, 2025
  27. ↑ 27.0 27.1 Colorado Secretary of State, "Colorado Voter Registration Form," accessed August 6, 2025
  28. ↑ Colorado Secretary of State, "Go Vote Colorado," accessed August 6, 2025
  29. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  30. ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed August 6, 2025
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