Laws around cannabis and all of its components can be quite confusing. Is Delta 8 legal? The answer can be quite confusing. Let’s break down Colorado state laws on Delta 8.

Federal Law

On the federal level, Delta 8 is legal. In 2018, the USDA passed the Farm Bill. That bill states that all derivatives, isomers, and cannabinoids in help are legal as long as the final product contains less than 0.3 percent of Delta 9. Since Delta 8 is structurally different from Delta 9, Delta 8 products contain less than 0.3 percent of Delta 9, therefore products containing Delta 8 are legal to sell to the general public. 

But just because Delta 8 is legal on the federal level, it doesn’t mean that it is legal in every state. Each state makes their own rules and regulations when it comes to cannabis and all its derivatives. 

Colorado State Law

Is Delta 8 legal in Colorado? Unfortunately, no. The law states: 

“‘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.”

This means that any part of the cannabis plant, whether it is part of the living plant or is synthesized in a lab, is considered part of the uniform controlled substance act and is illegal. Since Delta 8 is mostly synthesized in a lab to create a large enough amount to be placed inside products and consumed, it falls under this regulation. 

Laws are always subject to change, so research state laws before purchasing Delta 8 products. Make sure to check back for more cannabis and hemp related news.