Delta-8 and Hemp THC Laws in Colorado

How Colorado law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). C.R.S. 25-5-427(4)(d), (8)(a), (8)(e)-(f), (9); SB 23-271; Colorado General Assembly bill status pages for SB 25-076, SB 26-161, SB 26-164 (all 'Lost')

Delta-8 and hemp THC products	Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). Since SB 23-271 (effective June 7, 2023), no one may manufacture, produce or distribute an intoxicating cannabinoid in Colorado as a hemp product or ingredient, except safe-harbor products made for export, or market a hemp product as containing THC. Hemp products with more than 1.25 mg of THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to anyone under 21 or in packages of more than five servings. Violations bring civil penalties of up to $10,000 per day per violation. Bills to change this in 2025 (SB 25-076) and 2026 (SB 26-161, and SB 26-164 on hemp THC beverages) did not pass. Statute text from the Colorado Revised Statutes 2024 printout (Office of Legislative Legal Services), read 2026-10-28; 2025 and 2026 printouts return 404 and the current code is hosted only by LexisNexis. The Marijuana Enforcement Division home page (med.colorado.gov) links a 'Notice on the Prohibition of hemp-derived THC in Colorado' (not read). Source: C.R.S. 25-5-427(4)(d), (8)(a), (8)(e)-(f), (9); SB 23-271; Colorado General Assembly bill status pages for SB 25-076, SB 26-161, SB 26-164 (all 'Lost')

Delta-8 and hemp THC products

Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). Since SB 23-271 (effective June 7, 2023), no one may manufacture, produce or distribute an intoxicating cannabinoid in Colorado as a hemp product or ingredient, except safe-harbor products made for export, or market a hemp product as containing THC. Hemp products with more than 1.25 mg of THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to anyone under 21 or in packages of more than five servings. Violations bring civil penalties of up to $10,000 per day per violation. Bills to change this in 2025 (SB 25-076) and 2026 (SB 26-161, and SB 26-164 on hemp THC beverages) did not pass.

Statute text from the Colorado Revised Statutes 2024 printout (Office of Legislative Legal Services), read 2026-10-28; 2025 and 2026 printouts return 404 and the current code is hosted only by LexisNexis. The Marijuana Enforcement Division home page (med.colorado.gov) links a 'Notice on the Prohibition of hemp-derived THC in Colorado' (not read).

Source: C.R.S. 25-5-427(4)(d), (8)(a), (8)(e)-(f), (9); SB 23-271; Colorado General Assembly bill status pages for SB 25-076, SB 26-161, SB 26-164 (all 'Lost')

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FAQ

Is delta-8 legal in Colorado?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.