No, Delta 8 THC is not legal in Colorado

As of this writing, 09-22-2021, Delta 8 THC is illegal under Colorado state law.

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It certainly is a shame that Colorado doesn't adopt some of the rules that Delta 8 THC in Washington or Delta 8 THC in Oregon operates under, as those states feel like kindred spirits. Well, hopefully, Colorado will jump into the fray with this new cannabinoid at some point here in the not-too-distant future.

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The most important reasons why Delta 8 THC is illegal in Colorado are pointed out by the following bills:

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SENATE BILL 14-184
35-61-101. Definitions.
(5) “Delta-9 tetrahydrocannabinol” has the same meaning as “tetrahydrocannabinol” as outlined in section 27-80-203 (24), C.R.S.

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(24), C.R.S(24) (a) "Tetrahydrocannabinol" 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, such as the following:

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(I) ¹cis or trans tetrahydrocannabinol, and their optical isomers;

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(II) 6 cis or trans tetrahydrocannabinol, and their optical isomers;

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(III) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers.

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(b) Since the nomenclature of the substances listed in paragraph (a) of this subsection

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(7) “Industrial hemp” means a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis.

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TITLE 18 CRIMINAL CODE. ARTICLE 18. UNIFORM CONTROLLED SUBSTANCES ACT OF 2013. PART 1
18-18-102. Definitions.
(18) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marijuana" in this subsection. "Marijuana" does not include marijuana concentrate as defined in subsection of this section.

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"Tetrahydrocannabinol" 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, such as the following:

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I. ¹Cis or trans tetrahydrocannabinol, and their optical isomers;

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II. 6Cis or trans tetrahydrocannabinol, and their optical isomers;

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​III. 3,4Cis or trans tetrahydrocannabinol, and their optical isomers.

Delta 8 THC in Colorado's Future

If you would like to see a change in these laws, bringing Delta 8 THC to Colorado is recommended to share your opinions with local and state lawmakers.

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