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Legal Status of Delta-9 in Colorado

Is Delta-9 THC Legal in Colorado?

Yes. Delta-9 products can be purchased legally in Colorado.*

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Legal Status of Delta-9 in Colorado

In Colorado, Delta-9 THC is legal both for recreational and medical use, with certain restrictions. Adults over the age of 21 can legally possess up to one ounce of cannabis, and they are also allowed to grow up to six cannabis plants at home. However, all the cannabis from the plants must remain at the place where it was grown. Medical marijuana patients, on the other hand, are allowed to possess up to 2 ounces of marijuana and have similar cultivation rights. It's important to note that while cannabis is legal in Colorado, public consumption remains illegal, and there are laws about where you can consume it. Additionally, driving under the influence of cannabis is illegal and can result in DUI charges.

In Colorado, Delta-9 THC is legal under specific conditions. If it's derived from hemp, meaning the cannabis plant used for its production contains less than 0.3% THC, it's legal at both the state and federal level. This legality aligns with regulations set by the 2018 Farm Bill, which Colorado has adopted in its state legislation. However, Delta-9 THC from cannabis plants containing more than 0.3% THC (commonly referred to as marijuana) falls under the state's cannabis regulations, which permit its use for both recreational and medical purposes. It's important to note that, regardless of the source, the legal use of Delta-9 THC comes with rules and restrictions, particularly concerning its concentration, the age of the consumer, and where it can be consumed.

Legal Status of Delta-8 in Colorado

Legal Status of Marijuana in Colorado

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Statutory References:

  • Following the federal legalization of hemp (defined as cannabis with less than 0.3% Delta-9 THC on a dry weight basis) through the 2018 Farm Bill, Colorado adjusted its state laws to align with these federal guidelines. This is reflected in Colorado [Senate Bill 14-184], which modified the Industrial Hemp Registration Program.
  • Delta-9 THC derived from hemp is legal in Colorado as long as it contains less than 0.3% THC by dry weight. However, Delta-9 THC extracted from marijuana (cannabis with 0.3% THC or more) is regulated separately and is legal within the state's recreational and medical cannabis frameworks.

This summary is not legal advice. It is provided for information purposes only and reflects our understanding of the law after an extensive search into the state statutes as of October 2023 but laws are subject to change. Always consult with a legal professional or the appropriate governmental agencies for the most current information.

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