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Is Delta 8 (and Other THC Isomers) Legal in Colorado?

By Tim Faulkner June 22, 2022

Legality is a common question that arises with any cannabis associated product. With the passing of the 2018 farm bill, many lesser known cannabinoids are becoming increasingly popular. Delta 8 THC, Delta 10 THC, HHC, and THC-O are all hemp derived cannabinoids that can produce psychoactive effects similar to those found in traditional cannabis. Many people don’t even know these compounds exist and if they do they may assume the cannabinoids are illegal, but due to the farm bill they are actually all legal on the federal level. Recently though, many states have been implementing individual restrictions and laws on the hemp-derived compounds. We’ll take a closer look at the legality of delta 8 specifically Colorado as they recently passed a new law that may be confusing for some.

What are THC Isomers?

Let’s start by taking a look at what each of these cannabinoids are. Delta 8 THC is probably the most popular of these ‘new’ cannabinoids. It is found naturally in the cannabis plant but normally only in very small amounts. Professionals have started extracting just the delta 8 from the plant and putting it in various products including vapes, gummies, and oils/tinctures. Delta 8 THC delivers psychoactive effects similar to that of Delta 9 THC (normal cannabis) but they aren’t as strong or pronounced. Some people have called it ‘diet weed’ as it will still give you a relaxing, calming high effect that can help reduce stress and anxiety but can be nice for people who struggle with anxiety after consuming regular cannabis. Delta 10 THC is another hemp derived, psychoactive cannabinoid. It is very similar to Delta 8 but consumers have reported that while Delta 8 generally tends to have more relaxing, indica-like effects, Delta 10 may be more like a sativa and can deliver more energizing and creative effects. HHC, like delta 8 and 10, comes from hemp and is a psychoactive cannabinoid. HHC is said to have a stronger high than deltas 8 and 10 but not as strong as normal cannabis. Users have reported that it’s a euphoric, relaxing type of high. Finally, THC-O is slightly different from the above mentioned cannabinoids as it is metabolized by the liver. Consumers of THC-O report that it can be more potent than traditional cannabis and can create more psychedelic effects.

Senate Bill 22-205

On 5/31/22 Colorado signed Senate Bill 22-205 into act. This bill can be confusing and therefore, is often misunderstood. Hopefully this blog will help clear up some of the confusion. The bill starts by stating a task force will be created by September of 2022 comprised of hemp industry experts, representatives of the state government, etc to examine THC isomers (Delta 8 THC, Delta 10 THC, HHC, THC-O, etc). This task force will have until January 1st, 2023 to submit a report to the general assembly on the conclusions of their findings concerning the safety of these cannabinoids. Then, they will make legislative recommendations based on their findings. Finally, Colorado will make decisions on how it wants to proceed with the legality of delta 8 and other isomers. Essentially, as of right now delta 8 and other THC isomers are still legal in the state of Colorado but hold caution as this may change after the beginning of next year. Other states to be aware of regarding either a full ban, regulations, or legislation in the works for THC isomers are: Oregon, California, Nevada, Alaska, Arizona, North Dakota, Texas, Louisiana, Minnesota, Michigan, South Carolina, Maryland, Deltaware, New York, Rhode Island, and Vermont.

The Bottom Line

Every day, new regulations and laws are being put in place as more people are educating themselves on the existence of these compounds so make sure to check your local laws to ensure it’s legal where you live. Looking at the future legality of these compounds, it’s probable that they will continue to stay legal on the federal level but as they rise in popularity, so will the regulations on a state-by-state basis. As of right now Delta 8, Delta 10, HHC, THC-O, and other THC isomers are legal in Colorado but once the task force returns with their conclusions on the compounds at the beginning of next year this may change. If you have any questions about delta 8 check out our blog, visit us in store at one of our five locations, call, chat or visit us online.


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