On December 18th the US. Congress signed H.R. 2029 into law, which clarifies that the intra-state sale and transport of all industrial hemp will not be prosecuted:
None of the funds made available by this Act or any other Act may be used—
(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.
In Colorado, Industrial hemp is regulated by the Department of Agriculture and not the Marijuana Enforement Division (MED):
In regards to the sale and usage of CBD as an ingredient by MIP companies:
“It is my professional opinion that Colorado manufactured hemp is not within the guidelines of the MED, that Medical Marijuana Centers can sell CBD and hemp based products but retail Marijuana Stores may not, and that, provided the cannabis product is created by a licensed MIP, is properly labeled, and tested, CBD can be an ingredient in infused products and those infused products can be sold in either a Retail Marijuana Store of Medical Marijuana Center depending on the MIP licensing”- Attorney Warren Edson