Explaining the Delta 8 THC Ban in Colorado | How Optimistic Is the Future

Delta 8 Colorado

Colorado is a cannabis pioneer, a state where this plant thrives. Yet, it wasn’t as open to delta 8 THC as it was to high-THC cannabis.

What’s the current situation with hemp-derived delta 8 THC in Colorado? Are products infused with this hemp-derived compound being sold in the Centennial State? Let’s look at the current hemp laws in Colorado.  

Last Update: May 14, 2024


  • Hemp-derived delta 8 THC is not legal in Colorado. State law prohibits the sale, distribution, use, and possession of products containing hemp delta 8 THC.
  • You cannot legally purchase hemp-derived delta 8 THC products online or in retail stores if you live in Colorado. The same goes for delta 10 THC.
  • Marijuana-derived delta 8 THC is legal in Colorado.
  • The best alternative to delta 8 THC products in this state are marijuana-derived delta 8 or hemp-derived delta 9 THC gummies with less than 0.3% THC.

Is Delta 8 THC Legal in Colorado?

Delta 8 THC is not legal in Colorado. The state banned this cannabinoid from hemp extracts and products like food, dietary supplements, or cosmetics. 

The Centennial State banned hemp-derived THC isomers including delta 8 THC in food, dietary supplements or cosmetics. In May 2021, the Colorado Health Department issued a notice stating that:

“Chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.’”

With this move, Colorado joined states like Oregon in saying that THC isomers are not allowed to be sold in the state if they come from hemp. As stated by the health department, the reason behind the ban is the uncertainty on how the isomers are made. 

The notice got pushback from proponents of delta 8 and delta 10 THC, stating that the Farm Bill legalized hemp derivatives and extracts. But, the uncertainty is still there as federal law indicates that cannabinoids that are not extracted directly from the hemp plant are controlled substances. 

Marijuana-derived delta 8 THC is legal to buy in Colorado, so you can order it online or buy it in local retail stores.

 Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Colorado?

Colorado joined the (now extended) list of states that banned the manufacture and sale of delta 8 THC products. Because of the state’s stance on hemp isomers, it’s best to avoid buying D8 products at the Centennial State. 

Instead, you can always turn to potent, whole-plant hemp cannabinoid products. At Mr. Hemp Flower, you can find a range of top-shelf, tested items that represent the excellency of the plant’s full cannabinoid and terpene profile.

A great example of that is these vegan, sugar-free Full Spectrum CBD Gummies that pack a punch, so you’ll definitely feel their effects. You can take a look at the Certificate of Analysis of this product to see the levels of each ingredient.  

We believe in the power of organic hemp, which is why we’ve partnered with local licensed farmers that grow the crop with special care. Ordering your CBD products online, directly from the maker, has its advantages. 

First, you don’t have to leave your home to fulfill your order. Second, online shoppers always get the best deals and enjoy lower prices. Third, discovering more about the brand and how transparent they are with their customers is effortless.

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a hemp derivative naturally occurring in the plant in trace amounts. One of the reasons this compound exploded in popularity is that it’s marketed as a legal way to get high, but without the adverse side effects caused by high-THC cannabis — intense anxiety and paranoia.

While the question of D8 as a potentially recreational hemp component is more than valid, it’s important to know that this molecule offers a range of therapeutic benefits. D8 THC is twice less intoxicating than its “cousin” delta 9 THC and exhibits potent anti-anxiety, pain-relieving, and appetite-stimulating effects. 

Delta 8 THC and Federal Law 

Despite the push from people within the hemp industry to regulate delta 8 THC instead of banning it, the federal government has no clear response on this topic. Until D8 gets regulated by the feds, it will stay in a legal grey area. 

The main source of confusion around D8’s legality is the process used to create it. As we all know, the Farm Bill legalized all hemp-derived cannabinoids, derivatives, extracts, and isomers. Therefore, it’s clear that D8 extracted from the hemp plant in its natural state is legal on a federal level. 

But, the hemp plant produces very low amounts of this compound, which makes its natural extraction challenging. Once a more financially viable option was presented converting hemp-derived cannabidiol (CBD) into D8 THC manufacturers took it. Most products on the market are infused with D8 THC made from hemp CBD. 

When the Drug Enforcement Administration (DEA) released the Interim Rule on hemp in 2020, everyone was wondering whether the DEA banned this cannabinoid. Namely, the report stated that all synthetically derived tetrahydrocannabinols remain illegal and that the Hemp Farming Act holds no power over a compound that’s not directly extracted from hemp material. 

The report created more confusion regarding the question whether D8 made from hemp-CBD is considered a “synthetic” cannabinoid. Federal law fails to provide a clear definition, while most legal experts argue that because this cannabinoid is derived from cannabidiol (CBD), it doesn’t quite belong in the group of dangerous synthetic THC. 

Final Thoughts

Delta 8 is not legal to buy in Colorado. The Centennial State doesn’t allow the sale of hemp-derived THC isomers in food, dietary supplements or cosmetics. Residents of Colorado should avoid buying hemp-derived D8 products until the law potentially changes. 

Delta 8 colorado laws

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Not at this time. Colorado banned D-8 THC from hemp extracts, which means it’s NOT legal to buy in the Centennial State.

You should avoid buying D-8 products online if you live in Colorado.

Only residents of D-8 friendly states can shop a range of products online safely and legally.

No, so far, 16 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, North Dakota, Kentucky, Rhode Island, Utah, Vermont, and Washington.

As a hemp cannabinoid, D-8 THC is considered safe. The danger from consuming it typically comes from poor-quality products sold by shady sellers.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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