Personal THC consumption was legalized in Colorado in 2012, but that legislation did not apply to the commercialization and sale of consumer products containing THC. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Colorado chose to legalize the production and sale of certain hemp-derived THC and CBD products.
The Colorado Senate Bill 14-184, sponsored by state Senator Gail Schwartz, enabled farmers to register for 10-acre research-and-development plots to test the viability of different hemp varieties.
Cannabis has been allowed in Colorado for medicinal purposes since 2000, and for recreational purposes since late 2012. On November 7, 2000, Colorado passed Amendment 20, which amended the state constitution to enable qualified patients with documented medical approval to consume marijuana in the state.
Patients may possess up to 2 ounces (57 g) of medical marijuana and grow no more than six marijuana plants under this regulation (no more than three of these mature flowering plants at a time).
Medical Marijuana in Colorado
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
The Colorado Medical Marijuana Registry is a statewide, confidential program. It enables individuals with qualifying, debilitating medical conditions to get a registration identification card that permits them to legally use medicinal marijuana. Cards are only accessible to Colorado citizens and are only usable within the state. The Colorado Department of Public Health and Environment is in charge of the registry.
The Colorado Department of Revenue provides regulatory oversight and licensing for medical marijuana centers across the state through the Marijuana Enforcement Division.
According to Colorado state regulations:
- Patients possession limits: Two ounces of usable marijuana.
- Home cultivation: Patients (or their primary caregivers) may cultivate no more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
Legalization of Hemp for Industrial Purposes
35-61-101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Certified seed" means industrial hemp seed, including Colorado heritage Cannabis seed, that has been certified by an organization recognized by the department as having no more than a three-tenths of one percent of Delta 9 tetrahydrocannabinol concentration on a dry-weight basis.
(2) "Colorado heritage Cannabis seed" from the plant Cannabis Sativa that possesses characteristics of a unique and specialized Cannabis seed variety that is present in Colorado or has been recognized as produced in Colorado.
(5) "Delta-9 tetrahydrocannabinols" has the same meaning as "tetrahydrocannabinols" as set forth in section 27-80-203 (24), C.R.S.
(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.
In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Colorado State if they meet the following criteria:
- Delta 9 THC in the product is derived from hemp
- The product contains 0.3% or less of THC by dry weight
In mid-November 2021, Colorado’s Marijuana Enforcement Division (MED) released its Final Adopted Rules implementing corrections in the Colorado Marijuana Code with the Colorado HB21-1178. these rules went into effect on Jan. 1, 2022.
House Bill 21-1178
27-80-203. Definitions.
(15) "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 that is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this subsection (15). "Marijuana" does not include marijuana concentrate as defined in subsection (16) of this section
(16) "Marijuana concentrate" means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols.
(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.