Is Delta-8 THC Legal in Colorado?
No. Delta-8 products are not legally available in Colorado.*
Instead, order our premium, vegan Delta-9 gummies today for prompt, convenient, and legal delivery right to your doorstep.
Delta-8 THC, while initially considered legal under Colorado's adoption of hemp laws in line with the 2018 Farm Bill, faced regulatory changes starting in May 2021. The state's health department and marijuana enforcement division issued notices declaring that Delta-8 THC, typically synthesized from CBD, does not fall under the legal definition of 'industrial hemp product.' This classification effectively makes Delta-8 THC a controlled substance in the state, barring its presence in food, dietary supplements, or cosmetics, and restricting its sale to licensed marijuana dispensaries. Subsequent legislation has upheld this stance, with the latest law, SB23-271, maintaining strict oversight and setting THC limits for hemp products. The state's approach underscores a concern for consumer safety, particularly regarding the chemical processes used to produce Delta-8 THC and potential unknown health impacts.*
Legal Status of Delta-9 in Colorado
Legal Status of Marijuana in Colorado
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Statutory References:
- Delta-8 THC is considered a controlled substance in Colorado under [Senate Bill 14-184] and [Title 18 Criminal Code, Article 18] (Uniform Controlled Substances Act of 2013).
- [Senate Bill 19-220], passed in 2019, aligned Colorado's hemp laws with the federal Agriculture Improvement Act (2018 Farm Bill), initially legalizing all hemp-derived compounds, including Delta-8 THC.
- However, in May 2021, both the Colorado Department of Public Health and Environment (CDPHE) and the Marijuana Enforcement Division (MED) clarified that chemically modifying or converting any naturally occurring cannabinoids from industrial hemp, which includes the production of Delta-8 THC from CBD, is non-compliant with the statutory definition of 'industrial hemp product.'
- [Senate Bill 22-205], passed in 2022, authorized the CDPHE to prohibit chemical modifications used to create Delta-8 THC and other cannabinoids. It also established a task force to address intoxicating hemp products.
- The most recent legislation, [Senate Bill 23-271], signed into law on June 7th, 2023, reaffirmed the CDPHE’s authority over this issue for the hemp industry and set restrictions, including a per-serving THC limit of 2.5 mg for hemp products.
