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US State
Cannabis and hemp laws
Recreational and medical marijuana legal; THCA and hemp delta-9 restricted; delta-8, delta-10 and HHC illegal
Colorado
Colorado
FAQ
Recreational marijuana is legal in Colorado. Medical marijuana is legal.
Restricted at hemp retail. Colorado measures THC on a total-THC basis after decarboxylation under Senate Bill 23-271, which means THCA counts toward the 0.3 percent ceiling.
No. Senate Bill 23-271 added a synthetic-cannabinoid exclusion to Colorado's hemp definition effective July 1, 2023. Delta-8 produced by chemical conversion from CBD falls inside that exclusion and is not lawful at hemp retail.
Restricted. Hemp-derived delta-9 may be sold at Colorado hemp retail only inside a narrow CDPHE safe harbor: no more than 1.75 mg of delta-9 per serving and a CBD-to-THC ratio of at least 15:1.
This is general information, not legal advice.
Colorado Constitution art. XVIII, § 16 (Amendment 64) makes it lawful for adults 21+ to possess, grow up to six plants (three flowering), and transfer up to one ounce or six immature plants to another adult without remuneration — seeds are within the constitutional definition of marijuana. Licensed retail marijuana stores and cultivations may sell seeds and immature plants to consumers under the Marijuana Enforcement Division's Retail Marijuana Rules (1 CCR 212-3). Hemp growers must register with the Colorado Department of Agriculture under C.R.S. Title 35, Article 61, but viable hemp seed is freely bought and sold as agricultural seed.