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Let’s Talk Delta-8 State Legality: Colorado

Let’s Talk Delta-8 State Legality: Colorado

Is Delta-8 Legal in Colorado? No. 

Colorado has been one of the pioneering states following the Colorado Amendment 64, which legalized recreational marijuana in 2012. Colorado is still one of the leading states, even though their taxes are high at 15% and possibly moving up to 25%. These taxes do not include local and state taxes. 

So, you can pay more in taxes than for what you’re buying. The reasons? Their market peaked at $2 billion in 2020, but now they’re finding that the black market has become a competitor. An interesting case is where California has dropped its taxes to compete with the black market; a situation other states may find themselves in. There is no distinct line to separate the two markets at the moment. 

Colorado has been extremely liberal with its medicinal use; it has been known even for children with rare physical ailments or cancer. So, you’d think—they understand the crop’s medicinal purposes; they’d be on board with Delta-8 THC. It’s Delta-9 THC’s cousin, and they love their fam. No, they’re not interested in legalizing Delta-8 THC. 

In fact, it is a highlighted revision that was added in 2013, one year after the market was finding its ground. 

Legalized states that have made delta-8 THC illegal depict it the entire Delta-8 industry as a villain. But it has been thought to be a legal action to help protect the industry from any competing markets. 

Can’t we all just get along?  

SENATE BILL 14-184

35-61-101. Definitions.

(5) “Delta-9 tetrahydrocannabinols” has the same meaning as “tetrahydrocannabinols” as outlinZed in section 27-80-203 (24), CRS.

Colorado Revised Statutes Title 27. Behavioral Health

Section 27-80-203

(24), CRS (24) (a) “Tetrahydrocannabinols” 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:

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

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

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

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

 (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.

 

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 Uniform Controlled Substances Act 6 of 53 2016 other item defined as “marijuana” in this subsection (18). “Marijuana” does not include marijuana concentrate as defined in subsection (19) of this section.

(35) (a) “Tetrahydrocannabinols” 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:

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

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

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