The Delta 8 is growing in popularity, however, and legal chaos related to the pool is escalating as well. Recently, Colorado state legislators designated Delta 8 as a controlled substance.
Following this announcement, the state joined 18 other states that banned this compound. Because Delta 8 is now illegal in Colorado, there are restrictions on its production, sale, distribution, purchase, and possession.
Colorado legislators passed a bill in May 2022 restricting sales of Delta 8 products. Besides, they also created a task force that has to research further on the compound’s harmful effects.
However, Colorado still allows the use of hemp sativa plant-derived products that contain normal levels of delta-8 THC. So, delta-8 THC products are currently banned in Colorado because they contain unspecified by-products. These byproducts are present in the products due to chemical conversion.
Colorado law banning Delta 8 in Colorado
After the introduction of the 2018 Farm Bill, hemp and hemp-derived products were legalized, which includes Delta-8 THC flower budsvapes and many more.. Colorado passed Senate Bill 19-220 (SB 19-220), following the Federal Agricultural Action Act, which legalized cannabis compounds there.
However, later on, CDPHE along with the state’s Department of Marijuana Enforcement (MED) proposed a law. They declared that hemp containing substances with chemical modification does not fall under the category of industrial hemp product.
Colorado has another law called the Uniform Controlled Substances Act of 2013, which bans uncontrolled substances. According to Colorado Senate Code 14-184 and the Title Criminal Code, delta 8 THC is chemically derived from hemp. Hence it is against the Farm Act 2018.
The Colorado Health Department and MED issued a further notice and stated that there was not enough evidence. There was no evidence to determine whether delta-8 THC contained toxic compounds after chemical modification of CBD.
These techniques for converting natural hemp from industrial hemp plants do not comply with the legal definition of industrial hemp products. Due to a lack of studies, delta-8 THC and other chemically synthesized THC isomers are not safe to use. Thus, it should not be allowed in foodstuffs, cosmetics, and nutritional supplements.
DEA Rules Regarding Delta-8 in Colorado
The most confusing thing about delta-8 THC is that it is not federally illegal. However, it is legal to use any THC isomers derived from hemp, hemp or a product containing less than 0.3% THC. The DEA and the federal government issued an IFR (Provisional Final Rule) regarding this in 2020.
According to the DEA, delta-8 is a controlled substance if it’s created from hemp-derived CBD and not taken naturally from plants. The IFR also states that all naturally occurring cannabinoids or THCs are not controlled substances. In fact, synthetically derived THCs fall into the category of controlled substances, hence the banning of these synthetic substances.
Are there any penalties for owning a Delta-8 in Colorado?
If you have 3 ounces or less of delta-8 THC in Colorado, you are punished because it is a level 2 drug misdemeanor. However, you will not be arrested, but you will be fined or receive a warning. There may be serious action against you if you have Delta 8 THC with more than 3 ounces.
Possession of delta 8 THC more than 3 ounces is considered a misdemeanor level 1 drug. If someone is convicted of a Level 1 drug misdemeanor, they will be punished with 180 days in prison or two years on probation. Colorado House Code 19-1263 describes the level of offense for possession of a controlled substance.
Is marijuana and Delta-8 THC derived from marijuana legal in Colorado?
Medical and recreational marijuana is legal in Colorado. According to the 20th Amendment (Medical Marijuana Use Act), these substances are legal in Colorado. The state passed this law in 2000, and since then, patients can use medical marijuana to treat seizures, cancer, chronic pain, and glaucoma. However, the amount of marijuana concentrate must be equal to or less than 2 ounces.
Two years later, recreational marijuana products including tetrahydrocannabinol gumCartridges are also rationed but are prohibited for persons under the age of 21. Amended Colorado Law 64 mandates recreational marijuana use. Additionally, delta 8 THC derived from marijuana is legal. However, only those products are legal products that are obtained from natural sources and are not chemically modified to forms of CBD.
Buy and travel with Delta-8 THC in Colorado
Buying Delta 8 products is illegal in Colorado. In addition, no one can sell Delta 8 online or in stores, dispensaries, pharmacies or stores even if they are dietary supplements. Regardless, it’s best not to travel with delta-8 THC products in Colorado because if you check the road, you’ll have to face the penalty.
Is CBD Legal in Colorado?
Yes, as per federal and state law, CBD is legal in Colorado (Farm Bill 2018). However, for CBD to be legal, it must contain less than 0.3% THC and must be derived from federally compliant cannabis plants. If cannabis extracts contain more than 0.3% THC, then it is no longer cannabis and is called marijuana. Marijuana is legal in a few states but is not legal according to federal law.
What is the future of Delta 8 THC in Colorado?
Currently, delta-8 and delta-10 THC are illegal in Colorado, and there is no upcoming legislation that could lift the ban. Since this is a recent bill declaring Delta 8 THC illegal in Colorado, we don’t see any noticeable legislative changes about it soon.
Not only that, the Drug Enforcement Administration (DEA) and the federal government are making attempts to declare Delta-8 THC illegal in all states across the United States at the federal level. However, if you want to know more about How Much Weed Can You Fly With? You can refer to this article and learn travel insights with this material.
If you currently wish to buy, sell, keep or use delta-8 THC, we suggest that you first travel to any other country that has this compound legally. For example, you could move to New Mexico, Kansas, or Wyoming, where delta 8 THC is still legal. Delta-8 THC derived from hemp is also legal under federal law in South Carolina, so you can consider purchasing it from any hemp plant in South Carolina. However, make sure that you are not traveling with it to any country that prohibits Delta-8.
Conclusion: Why is Delta-8 illegal in Colorado?
Delta-8 THC is illegal in Colorado, and other states are also in line with bans on this intoxicating cannabis. This compound is illegal in Colorado because it is chemically synthesized from CBD, which results in the addition of toxic or harmful substances in the final delta-8 products of THC.
Derivation of delta-8 THC from CBD is the main issue because it is a harmful and illegal chemical process according to the Drug Enforcement Administration. This can be low for the hemp and CBD industry association because buying and selling delta-8 THC is illegal throughout the state. However, delta 8 THC that is obtained naturally or those extracted directly from the hemp plant (not hemp-derived CBD) is still federally legal.
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