In Colorado, you can order hemp-derived Delta 9, but you can't order hemp-derived Delta 8. Delta 8 THC is not allowed in the State of Colorado. According to state law, Delta 8 isn't legal. Though, Delta 8 THC is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some US States, like, Colorado have their own laws regarding these products in the State. Unlike CBD, Delta 8 is psychoactive and will get you high. Learn about the legalities of buying and selling Delta 8 in the state.
Topics
No, Delta 8 THC is legal in the State of Colorado.
In Colorado, Delta 8 is not allowed. The industrial hemp plant became legal nationwide in 2018 when the president signed the 2018 Farm Bill into law, but the legal cannabis market in Colorado had already been established and active since 2014 so why wouldn't Delta-8 THC be legal in the state, too?
Colorado Delta 8 laws banned it.
Did Colorado ban Delta 8?
Colorado and Delta 8 made from federally legal hemp are no longer meant to be according to state lawmakers. In a decision by the state's Marijuana Enforcement Division (MED), officials from Colorado banned Delta 8 and warned cannabis dispensary owners to stay clear. The Colorado Delta 8 ban has just begun and already the industry is arguing that it's compliant hemp.
Why is Delta 8 illegal in Colorado?
From the "Delta 8 illegal Colorado" headlines to the controversy in general, many wonder why Colorado bans Delta 8 THC in the first place when it spearheaded the entire "getting high legally" industry. The reason why Delta-8 THC is illegal is because Colorado's Health Department issued a notice stating in a collaborative effort with the MED that hemp-derived Delta-8 THC is "not allowed". This comes as a surprise as the MED would be the perfect governing body for monitoring Delta-8 THC, but they chose not to when they're the main authority-- in the state. By default, Delta-8 THC isn't a legal substance because it's considered a controlled substance if not purchased from a licensed dispensary.
Which cities are affected?
The ban is statewide. Boulder, Colorado Springs, Denver, everywhere in the state -- Delta-8 THC is banned and you cannot purchase Delta-8 THC Products online with a shipping address located in the state of Colorado.
For a complete list of affected cities, click here.
Banned Delta-8-THC Products
Colorado hemp Delta 8 for sale options have just dwindled. Soon Colorado Delta-8 laws might even target other THC isomers or maybe even Delta-9 products?
For now, Colorado State has banned Delta-8 THC made from hemp material. Colorado hemp Delta 8 products, like, Delta 8 Flower, Gummies and other edibles are effectively banned in the state now.
Delta-9-THC products are legal, however, the federal protections of hemp are not applying to Delta-8 THC, for now at least.
Tetrahydrocannabinols Debate
Whether or not the president meant to federally legalize Delta-8 THC when he signed the 2018 Farm Bill into law doesn't matter at this point, hemp-derived cannabinoids are legal as long as the sampled products do not exceed the .3% Delta-9 THC level, as specified in the law. Colorado followed this guidance when updating their hemp program in 2019 which allowed for nationwide commercialization of hemp, and they became one of the top hemp-producing states in the country.
With the pharmacological activity of trans tetrahydrocannabinol variations being so similar between Delta-8 and Delta-9 THCs, it makes you wonder what's really going on behind-the-scenes?
In a letter to stakeholders, The Colorado Department of Public Health & Environment stated:
...converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of “industrial hemp product.”
Further explaining their reasoning as follows:
... a complete profile of reactionary byproducts has not been established in association with the conversion or creation of delta-9, delta-8, delta-10-THC; therefore, insufficient evidence exists to determine whether or not any toxic or otherwise harmful substances are produced during these reactions and may remain in the regulated industrial hemp products ingested or applied/used by consumers. Therefore, these tetrahydrocannabinol isomers are not allowed in food, dietary supplements...
The federal guidelines state that the delta-9 tetrahydrocannabinol concentration should not exceed .3% as measured on a dry weight basis. Provisions for tetrahydrocannabinols are over-reaching, some argue as the federal guideline is set for the delta-9 tetrahydrocannabinol concentration levels, why would Colorado be more strict? Lawmakers are the ones who make the laws, though, so let's learn about their stance on tetrahydrocannabinols.
Current Colorado Delta-8 Legislation
According to the Colorado Revised Statutes of 2017 Title 27, it defines Tetrahydrocannabinols as the following:
"Tetrahydrocannabinols" means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity...
By definition of Delta-8 THC being a type of Tetrahydrocannabinol, and the law not separating hemp-derived Tetrahydrocannabinols as distinguished in most other states, Delta-8 THC is not legal in the state due to this statute.
Colorado Industrial Hemp Act
Colorado has legalized hemp following the federal 2014 Farm Bill which allowed growing of hemp for research purposes. The state’s Senate Bill 14-184 defines tetrahydrocannabinols (THCs), including Delta-9 and its derivatives.
In 2019, SB19-220 amended the state’s laws governing industrial hemp to align with the new federal laws. Simultaneously with this amended Act, it removed hemp from being scheduled as a Schedule I drug in the state.
List of controlled substances
It wasn't until 2014 that marijuana was removed from the list of controlled substances, though Tetrahydrocannabinols still remain on the list. The laws are changing though, and as one local attorney stated, "Schedule I and Schedule II drug crimes are no longer considered felonies in Colorado."
In Colorado, all isomers of THC are considered controlled substances. That includes Delta-8, as well as any other variants of the compound derived from legally cultivated hemp.
Buying and Shipping Delta 8 in Colorado
Since Delta 8 THC is illegal in the State of Colorado, residents can not buy products by ordering from the D8 THC Shop with a shipping address located in the state.
Border States to Colorado:
Wyoming, Nebraska, Kansas, Oklahoma, New Mexico and Utah
The Delta 8 Gummies Colorado #Hashtagged Postspractically disappeared overnight!
Advocacy Groups in Colorado Supporting Delta 8 and Hemp Laws
Coloradans are showing their support for Delta 8 and pushing towards better Hemp Laws. Check out some of the standout organizations in the State:
News stories covering raids or busts on Delta 8 Products and stores in Colorado
5/19/2022
Colorado To Create A Task Force To Study Cannabis Delta-8 THC Products
5/3/2022
Marijuana and Hemp Industries Strike Tentative Deal Over Delta-8 THC, Modified Cannabinoids
3/11/2022
Ask a Stoner: Can I Use Delta-8 THC on Probation?
2/9/2022
As hemp THC sales boom online and by mail, cannabis industry braces for crackdown
1/28/2022
Do Delta 8 products work for Weight Training
7/20/2021
Delta-8 THC Ban Nearly Added to Outdoor Cannabis Farming Bill
6/29/2021
Ask a Stoner: Delta-8 THC Shows CBD Industry's Greed
6/25/2021
Cannabis Bill Roundup: Contentious Colo. Bill Becomes Law
6/4/2021
Hemp industry wins loophole on THC intoxication
Colorado Submits Hemp Plan To Feds
5/28/2021
Delta-8 THC Draws Lines Through Hemp and CBD Industries
5/24/2021
Colorado And New York Join Other States Banning Hemp Based Delta-8 THC
5/17/2021
Ban on delta-8 THC spreads as Colorado warns dispensaries
5/15/2021
Delta-8, Delta-10 THC Derived From Hemp Banned in Colorado Dispensaries
5/14/2021
Colorado bans hemp-derived delta-8 THC
Colorado bans delta-8 THC, other THC isomers derived from hemp
5/6/2021
Ask a Stoner: Mixing Delta-8 and Delta-9 THC
4/26/2021
Tracking Colorado's Marijuana and Hemp Bills in 2021
4/13/2021
Denver Could Finalize Marijuana Rule Overhaul on 4/20
All Colorado Cities Affected by Ban
Town of Aguilar
Town of Akron
City of Alamosa
Town of Alma
Town of Antonito
Town of Arriba
City of Arvada
City of Aspen
Town of Ault
City of Aurora
Town of Avon
Town of Basalt
Town of Bayfield
Town of Bennett
Town of Berthoud
Town of Bethune
City of Black Hawk
Town of Blanca
Town of Blue River
Town of Bonanza
Town of Boone
City of Boulder
Town of Bow Mar
Town of Branson
Town of Breckenridge
City of Brighton
Town of Brookside
City and County of Broomfield
City of Brush
Town of Buena Vista
City of Burlington
Town of Calhan
Town of Campo
City of Canon City
Town of Carbondale
City of Castle Pines North
Town of Castle Rock
Town of Cedaredge
City of Centennial
Town of Center
City of Central
Town of Cheraw
City of Cherry Hills Village
Town of Cheyenne Wells
Town of Coal Creek
Town of Cokedale
Town of Collbran
City of Colorado Springs
Town of Columbine Valley
City of Commerce City
City of Cortez
City of Craig
Town of Crawford
City of Creede[20]
Town of Crested Butte
Town of Crestone
City of Cripple Creek
Town of Crook
Town of Crowley
City of Dacono
Town of De Beque
Town of Deer Trail
Town of Del Norte
City of Delta
City and County of Denver
Town of Dillon
Town of Dinosaur
Town of Dolores
Town of Dove Creek
City of Durango
Town of Eads
Town of Eagle
Town of Eaton
Town of Eckley
City of Edgewater
Town of Elizabeth
Town of Empire
City of Englewood
Town of Erie
Town of Estes Park
City of Evans
Town of Fairplay
City of Federal Heights
Town of Firestone
Town of Flagler
Town of Fleming
City of Florence
City of Fort Collins
City of Fort Lupton
City of Fort Morgan
City of Fountain
Town of Fowler
Town of Foxfield
Town of Fraser
Town of Frederick
Town of Frisco
City of Fruita
Town of Garden City
Town of Genoa
Town of Georgetown
Town of Gilcrest
City of Glendale
City of Glenwood Springs
City of Golden
Town of Granada
Town of Granby
City of Grand Junction
Town of Grand Lake
City of Greeley
Town of Green Mountain Falls
City of Greenwood Village
Town of Grover
City of Gunnison
Town of Gypsum
Town of Hartman
Town of Haswell
Town of Haxtun
Town of Hayden
Town of Hillrose
Town of Holly
City of Holyoke
Town of Hooper
Town of Hot Sulphur Springs
Town of Hotchkiss
Town of Hudson
Town of Hugo
City of Idaho Springs
Town of Ignacio
Town of Iliff
Town of Jamestown
Town of Johnstown
Town of Julesburg
Town of Keenesburg
Town of Kersey
Town of Kim
Town of Kiowa
Town of Kit Carson
Town of Kremmling
Town of La Jara
City of La Junta
Town of La Veta
City of Lafayette
Town of Lake City
Town of Lakeside
City of Lakewood
City of Lamar
Town of Larkspur
City of Las Animas
Town of LaSalle
City of Leadville
Town of Limon
City of Littleton
Town of Lochbuie
Town of Log Lane Village
City of Lone Tree
City of Longmont
City of Louisville
City of Loveland
Town of Lyons
Town of Manassa
Town of Mancos
City of Manitou Springs
Town of Manzanola
Town of Marble
Town of Mead
Town of Meeker
Town of Merino
Town of Milliken
Town of Minturn
Town of Moffat
City of Monte Vista
Town of Montezuma
City of Montrose
Town of Monument
Town of Morrison
Town of Mount Crested Butte
Town of Mountain View
Town of Mountain Village
Town of Naturita
Town of Nederland
Town of New Castle
City of Northglenn
Town of Norwood
Town of Nucla
Town of Nunn
Town of Oak Creek
Town of Olathe
Town of Olney Springs
Town of Ophir
Town of Orchard City
Town of Ordway
Town of Otis
City of Ouray
Town of Ovid
Town of Pagosa Springs
Town of Palisade
Town of Palmer Lake
Town of Paoli
Town of Paonia
Town of Parachute
Town of Parker
Town of Peetz
Town of Pierce
Town of Pitkin
Town of Platteville
Town of Poncha Springs
Town of Pritchett
City of Pueblo
Town of Ramah
Town of Rangely
Town of Raymer
Town of Red Cliff
Town of Rico
Town of Ridgway
City of Rifle
Town of Rockvale
City of Rocky Ford
Town of Romeo
Town of Rye
Town of Saguache
City of Salida
Town of San Luis
Town of Sanford
Town of Sawpit
Town of Sedgwick
Town of Seibert
Town of Severance
Town of Sheridan Lake
City of Sheridan
Town of Silt
Town of Silver Cliff
Town of Silver Plume
Town of Silverthorne
Town of Silverton
Town of Simla
Town of Snowmass Village
Town of South Fork
Town of Springfield
Town of Starkville
City of Steamboat Springs
City of Sterling
Town of Stratton
Town of Sugar City
Town of Superior
Town of Swink
Town of Telluride
City of Thornton
Town of Timnath
City of Trinidad
Town of Two Buttes
Town of Vail
City of Victor
Town of Vilas
Town of Vona
Town of Walden
City of Walsenburg
Town of Walsh
Town of Ward
Town of Wellington
Town of Westcliffe
City of Westminster
City of Wheat Ridge
Town of Wiggins
Town of Wiley
Town of Williamsburg
Town of Windsor
Town of Winter Park
City of Woodland Park
City of Wray
Town of Yampa
City of Yuma