Though Delta-8 THC is legal federally, still, in some states, this substance is not legal. Like Colorado. Delta-8 is illegal in the State of Colorado.
Amid the increasing concerns about the safety of hemp-obtained Delta-8 in recent days, the lawmakers of this state declared it prohibited.
A natural part of the hemp plant, Delta-8 THC has become more extensive in popularity worldwide. The growing interest in delta-8 comes from researchers and general consumers. As of this writing, unfortunately, Delta-8 THC is not legal in Colorado.
Why is Delta-8 THC Illegal in Colorado?
As the laws keep changing continuously, understanding Cannabis law is a tricky subject. For a while, Delta-8-THC from hemp was legal in Colorado. With the 2018 Farm Bill ( Federal Agriculture Improvement Act), hemp as well as hemp-obtained compounds became legal. There was a later bill in 2019 that made this a solid ruling. According to this law, Delta-8 THC was in the legalized list of hemp compounds.
Later in May 2021, CDPHE (Colorado’s Department of Public Health & Environment) and MED (Marijuana Enforcement Division) issued some inconsistencies. They stated that there is an incompatibility between the industrial cannabis product’s legal definition and converting or modifying chemically any naturally existing cannabinoids from hemp.
Delta-8 THC is often synthesized chemically from CBD isolate. CBD isolate is typically derived from industrial hemp. So, according to the Uniform Controlled Substances Act 2013 (Article 18, Criminal Code) and 14-184 Senate Bill, this compound is not legal under Colorado sovereign state law.
This complete conflict notice with the Farm Bill 2018 also states that there isn’t enough evidence to understand if any harmful or toxic byproducts are part of the process of creating Delta-8. So, manufacturers cannot use it or other THC isomers in dietary supplements, food, and cosmetics.
The Drug Enforcement Agency and the federal government considered this notice seriously. And an Interim Final Rule (IFR) was issued by the DEA. Its main attempt was to verify the legality of Delta-8 all over the U.S. In the end, Colorado concluded by prohibiting or restricting Delta-8 THC preemptively.
What If Carry Delta-8 THC To CO?
So, now what are the penalties or punishment for breaking this law in Colorado? After passing the Colorado House Bill 19-1263, it is no longer a felony to have possession of Delta-8 in small amounts.
When someone is apprehended with less than 3 ounces of Delta-8, it is a level-2 drug offense. Those are commonly punishable by community service, treatment, or probation. But, if the carrying amount is less than 3 ounces, the person can get a small fine or a warning.
Present Situation & Future of Delta-8 in Colorado
So, the current scenario is that Delta-8 THC is NOT LEGAL in Colorado. That makes it precise that production, possession, distribution, sale, purchase, or use of Delta-8 THC is illegal in all parts of the state. Moreover, it would go against the law and cause them to face extreme penalties if someone carries it to CO.
We hope that Colorado state lawmakers will change their minds regarding this cannabinoid issue in the coming days. But, it is also true that if we want to see any change in the law, we have to speak out to the state and regional lawmakers and vote when the time comes.
We hope this blog helps you understand the current legal state of delta-8 THC in Colorado- got questions? Drop them in the comments below!
Got other questions about Delta 8 THC? Check out our blog on delta 8 vs. delta 10 here!