Is Delta 8 THC Legal in Colorado?

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.

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:

Colorado NORML

Marijuana Industry Group

Sensible Colorado

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