New! 🌿 B2B Pro Partner Message About Federal Hemp Laws
As your CDPHE-licensed, Colorado-based manufacturer and your CBD skincare authority since 2015, our job is to see around corners so you don’t have to.
Color Up is committed to both producing the highest quality CBD products, and also to providing you with the clarity and foresight needed to operate legally and profitably in a fragmented regulatory environment.
The legal landscape for hemp-derived CBD is undergoing rapid, dramatic change and the federal government has now formally closed the hemp “loophole” that allowed intoxicating THC products to be sold as “hemp.” . Our priority is to protect our partnership, your business, and your customers by proactively adapting to these shifts before they become mandatory compliance crises.
This communication addresses the changes to federal hemp law resulting from the provision included in the recent government spending bill, which significantly impacts the production and sale of hemp-derived products across the United States. We acknowledge this unprecedented legislative inversion that affects the vast majority of the hemp industry—an estimated market disruption of up to 95%.
Our commitment to partnership stability requires complete transparency. To eliminate risk for your operations and protect your customers, we confirm that our product lines are fully compliant today with the strict federal mandate taking effect in November 2026.
The Regulatory Shift
Historically, hemp was defined as cannabis with ≤ 0.3% Δ9-THC by dry weight (2018 Farm Bill). Manufacturers used that narrow plant-weight definition to create high-potency, intoxicating THC products (Delta-8 vapes, 10–25 mg “hemp” drinks and gummies) that technically met the 0.3% rule but clearly delivered a psychoactive dose.
The new law fixes that by changing the focus from plant weight to finished product potency: Any hemp product with more than 0.4 mg of Total THC per container is no longer “hemp” under federal law. This includes all THC isomers and THCA, plus synthetic / semi-synthetic cannabinoids.
This stringent cap overrides all existing state-level regulations, including Colorado’s 1.75 mg serving limit. Any product exceeding 0.4 mg will now be federally classified as an illegal Schedule I substance (after Nov '26).
State-Level Bans Require Zero-Tolerance
Independent of federal actions, numerous major markets are actively closing loopholes related to intoxicating hemp products (like Delta-8 THC). These state-specific rules severely restrict what you can sell.
Example (California): Regulations now mandate that industrial hemp consumables must contain no detectable THC or other intoxicating cannabinoids per serving. Many states have similar "zero tolerance" rules for ingestibles.
Partner Mandate: If you operate in a state with zero-tolerance rules for consumables, you must stock only our Broad Spectrum or CBD Isolate lines to avoid local regulatory action.
Where Color Up Already Stands
Because Color Up has always led with CBD isolate and Broad Spectrum CBD — not THC — this “regulatory inversion” works for us, not against us.
Today: All internal/skincare education and all core formulations are built on the CBD model, validated by robust pharmacology and dermatology data.
The only Color Up products that will be impacted by the 0.4 mg cap in 2026 are:
- Sensation Salve and Rub
- Full Spectrum Salve
- Full Spectrum Massage Oil
Every other product is already CBD isolate or Broad Spectrum with non-detectable THC.
Moving Forward with Broad Spectrum
To protect you from the risk and uncertainty created by these rapidly shifting laws, we are moving ahead of the curve. Our strategic shift focuses exclusively on Pure CBD and Broad Spectrum CBD formulations. We have always chosen stability, certainty, and safety, over market chaos. Every batch of our product is tested to confirm its purity, potency, and compliance with the most stringent federal standards. We encourage you to review our Certificates of Analysis (COAs), which confirm the non-detectable THC levels in your product.
Why Broad Spectrum Guarantees Your Protection:
Non-Impairment Guarantee: Broad Spectrum products use the beneficial compounds from the whole hemp plant but guarantee the removal of all measurable THC. This ensures you receive the intended wellness benefits without the risk of intoxication, psychoactive effects, or concerns about THC accumulating in your system from daily use.
Legal Security: By guaranteeing Non-Detectable THC, our products remain legally available and safe for purchase and consumption across all 50 states, bypassing the legal variability that currently exists between states.
Sensation Salve and Rub, Full Spectrum Salve, and Full Spectrum Massage Oil will remain available into 2026, then be reformulated into Broad Spectrum ahead of the November 2026 enforcement date.
We are not waiting to see how courts interpret the law. We are moving now so your shelves and treatment menus are clean and compliant before enforcement.
Calling It Like It Is — The Loophole Era Is Over
We want to be clear and direct: the intoxicating hemp market was built on regulatory arbitrage, not wellness. Companies used the 0.3% plant-weight rule to push high-THC products — often in gas stations and liquor stores — with little oversight and inconsistent testing. Many of those products are now being removed from the definition of hemp altogether.
We hold compassion for small operators who got caught in the gray zone — but we also stand firmly in this truth: Color Up built for stability, safety, and science — not short-term intoxication trends.
We are still here because we never built our future on a loophole.
What You Need to Do as a B2B Partner
For Your Treatment Room
You can continue using all Color Up CBD isolate and Broad Spectrum products in services with confidence. For our three Full Spectrum topicals, we recommend you plan to use through or rotate them out by November 2026. After that, no spa should be using any product that exceeds the new 0.4 mg cap past November 2026.
For Your Retail Shelves
Prioritize Color Up products that are clearly labeled as CBD isolate or Broad Spectrum. Use our COAs (Certificates of Analysis) to show non-detectable THC and total cannabinoid profiles for consumer trust and regulatory defense.
Avoid bringing in any ingestible hemp products from other brands that rely on intoxicating THC — those are the primary targets of this law.
Compliance and Training
We strongly recommend train your team to speak in cosmetic-compliant language only (hydrating, soothing, calming, nourishing) — not “treats,” “cures,” or “fixes disease.” Reach out if you want support with this.
Age Gating for Any Consumables
If you carry ingestible CBD products (including future Color Up tinctures/gummies), treat them as 21+ products, even if your state is looser. This positions you at the high end of compliance culture.
Welcome Home
We are returning to Color Up not just in name, but in clarity: Color Up is your non-intoxicating, CBD-first, compliance-first partner.
We are here for the long-term wellness market, not the loophole era. We are committed to protecting your spa, your license, and your customers.
If you have questions specific to your state or your inventory, reach out to us. We’re in this with you. Phone: 720-420-1734 / Email: wholesale@colorupco.com