US State

Cannabis and hemp laws

Colorado

Recreational and medical marijuana legal; THCA and hemp delta-9 restricted; delta-8, delta-10 and HHC illegal

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

Colorado

Cannabinoid status board

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FAQ

Common questions

Is marijuana legal in Colorado?

Recreational marijuana is legal in Colorado. Medical marijuana is legal.

Is THCA legal in Colorado?

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.

Is delta-8 THC legal in Colorado?

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.

Is hemp-derived delta-9 THC legal in Colorado?

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.

Seed Legality

Colorado retail stores sell seeds; Amendment 64 protects adult possession, 6-plant home grow, and gifting.
Hemp seeds
Legal
Marijuana seeds
Legal
Sale
Legal
Transacting
Legal
Gifting
Legal

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.

Key law:
Colo. Const. art. XVIII, § 16; 1 CCR 212-3; C.R.S. § 35-61-101 et seq.
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.