Is Delta 9 THC Legal in Colorado?

Hemp-derived Delta-9 THC is legal in Colorado as long as the product contains 0.3% or less Delta-9 THC by dry weight.

Colorado legalized recreational marijuana in 2012 under Amendment 64, and the 2018 Farm Bill brought hemp-derived Delta-9 into the same legal landscape. This state does layer additional state rules on top of the federal threshold, including a 1.75 mg per-serving cap and a CBD-to-THC ratio requirement for some hemp products sold in-state.

On November 12, 2026, federal law shifts to a 0.4 mg total-THC-per-container cap under H.R. 5371, which would reshape what hemp-derived products look like nationwide.

nama ships hemp-derived Delta-9 gummies, microdosed drink products, and full-spectrum CBD options to Colorado. Every batch carries third-party lab results so you can verify compliance before you buy.

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Disclaimer: The information in this article was accurate when published, but may be outdated. Always confirm state and federal regulations for yourself.

Under the 2018 Farm Bill, products containing Delta 9 THC are legal on a federal level in the US, provided they meet the following conditions.

1. The Delta 9 THC is derived from hemp
2. Products contain 0.3% or less of THC by dry weight

Following the federal legalization of hemp for industrial purposes, Colorado State followed up with similar state legislation authorizing the commercialization of Delta 9 THC products that meet Farm Bill criteria. Colorado Senate Bill 14-184 modified the Industrial Hemp Registration Program, created a seed certification program, and established an Industrial Hemp Research Grant Program.

Let’s get into the details.

The 2018 Farm Bill

The 2018 Farm Bill authorized the widespread production of hemp derived products on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.

This Bill differentiated industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC by dry weight, and the source of THC must be industrial hemp.

Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 THC gummies are legal on a federal level but illegal in a number of states.

The 2018 Farm Bill gives states the authority to submit plans to the United States Secretary of Agriculture in order to have primary regulatory control over the production of hemp within their borders. The plans must include procedures for tracking the land on which hemp will be grown, as well as testing, disposal, enforcement, inspection, and certification procedures.

Colorado Senate Bill 14-184

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:

1. Delta 9 THC in the product is derived from hemp
2. The product contains 0.3% or less of THC by dry weight.
3.  

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.

Senate Bill 23-271

Senate Bill 23-271, signed into law in 2023, layers Colorado-specific rules on top of the federal threshold. Hemp-derived products sold at retail in Colorado must contain no more than 1.75 mg of Delta-9 THC per serving and maintain a CBD-to-THC ratio of at least 15:1. Many out-of-state hemp gummies dosed at 5–10 mg per serving do not meet Colorado's in-state retail rules, even when they comply with the federal 0.3% threshold.

H.R. 5371

On November 12, 2025, Congress passed H.R. 5371, which redefines hemp under federal law. Effective November 12, 2026, the law replaces the 0.3% Delta-9 dry-weight standard with a total-THC measurement and caps finished hemp products at 0.4 mg of total THC per container. Most hemp-derived Delta-9 gummies and beverages currently sold in Colorado would become federally non-compliant on that date.

Legislative efforts to delay or repeal H.R. 5371 are active but stalled as of May 2026.

Senate Bill 26-164

Senate Bill 26-164, introduced in the 2026 session, would allow hemp-derived beverages containing up to 10 mg of THC per serving in licensed venues that sell alcohol. As of May 2026, the bill is still in committee and does not address gummies, tinctures, or other edibles.

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FAQ on Delta 9 Colorado Legality

Are Delta 9 gummies legal in Colorado?

Yes, Farm Bill compliant Delta 9 gummies are legal in Colorado. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the THC is derived from the hemp plant rather than the marijuana plant, and the THC concentrations does not exceed 0.3% by dry weight.

Is Delta 8 THC legal in Colorado?

Despite Colorado's relaxed recreational and medical marijuana laws, Delta 8 is illegal in Colorado. Colorado Gov. Jared Polis signed legislation May 31 to regulate intoxicating hemp products, such as those that contain Delta-8 THC and Delta-10 THC.

Under Senate Bill 22-205, the Colorado Department of Public Health and Environment (CDPHE) is permitted to “prohibit the chemical modification, conversion or synthetic derivation of intoxicating THC isomers that originate from industrial hemp or may be synthetically derived,” the measure states.

Is Delta-9 legal in all states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 49 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho is the only state where hemp Delta 9 is explicitly banned.

Where to buy Delta 9 in Colorado?

In Colorado, you can buy Delta 9 products from online hemp or Delta 9 stores, vape stores, or directly from the manufacturer's website.

Avoid purchasing Delta-9 goods from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

Is Delta-10 legal in Colorado?

Delta 10 THC is illegal in Collorado. In May 2021, Colorado issued a ban on hemp-derived Delta 8 THC, Delta 10, and other THC isomers derived from hemp, including Delta-10 THC.

The legality status of Delta 10 in Colorado is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 10, or any other THC product.

Is HHC legal in Colorado?

Colorado prohibits modified cannabinoids, including Delta-8 and Delta-10 THC. Since HHC is considered a modified cannabinoid, it is illegal under Colorado state law. Only standard Delta-9 THC is permitted for recreational use.

Is THC-O legal in Colorado?

THC-O is currently illegal in Colorado. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in Colorado, keep track of any changes to hemp industry laws that may jeopardize its legality status.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp Delta 9 THC products are still legal in 49 states, making them widely available to consumers across the country.

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

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