Is Delta-8 legal in Colorado?

What is Delta-8? 

Delta-8 THC (or Delta-8-tetrahydrocannabinol) is a naturally occurring chemical compound called a cannabinoid that’s found in small traces in hemp and cannabis (marijuana) plants.

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How does Delta-8 compare to regular THC?

Not only are their chemical compounds very similar, but they also share some of the same effects. Some refer Delta-8 THC as a "diet weed", as it's effects are very much the same but causes a milder high.

Is Delta-8 legal?

Under the Farm Bill signed into law by Donald Trump in 2018, industrial hemp was federally legalized and removed from the list of illegal controlled substances.
The law only applies to "industrial hemp", containing no more than 0.3% Delta-9 THC.
Considering that Delta-8 THC can be derived from hemp, it is legal on a federal level.
Since the bill has passed, many states are passing their own legislation against THC based cannabinoids as most are still considered to be psychoactive.

Is Delta-8 legal in Colorado?

No, Delta-8 THC is effectively banned in the state of Colorado.
The state of Colorado does not permit possession, distribution, or use of Delta-8 THC as stated in SB 14-184.
This law applies to tetrahydrocannabinols and all salts, isomers, and other preparations of tetrahydrocannabinols.

Is cannabis recreational in Colorado?

Yes, if you are at least 21 years of age or older, you may posses up to an ounce of cannabis for personal use.
However, public consumption of cannabis is prohibited and is only legal on private property.
While cannabis may be legal in Colorado, Delta-8 remains a controlled substance.

Is the federal government trying to ban Delta-8?

The DEA, FDA, and other federal agencies are very aware of the concerns of Delta-8 (mainly being use in children), and havestated their own concerns publicly.
However, at this time there has been no attempts to mark Delta-8, Delta-10, or other similar cannabinoids as a federally controlled substance.
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