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Why is Delta 8 illegal in Colorado? Can I Buy THC Online?

November 5, 2022
Why is Delta 8 THC illegal in Colorado
Table of Contents

If you live or are visiting the beautiful state of Colorado and hoping to get yourself some hemp-derived Delta-8 THC products, unfortunately, we have to disappoint you.

Despite Colorado state law being very liberal about both medical and recreational Marijuana, it took a hard stance on Delta 8 THC and its derivatives mostly because the effects are still unknown.

If you are wondering if Delta 8 is illegal in Colorado, the answer is yes.

The state restricted all sales. Not all is lost; THC is still available, even if it comes from hemp. We’ll explain more below. Let’s get into it.

The lack of research on Delta-8 is what led to its ban in Colorado.

While Delta 8 THC is a relatively new compound, insufficient evidence exists about its potential effects. Delta 8 THC is a high-risk substance, and Colorado chose to be cautious by illegalizing its production.

While Delta 8 THC is not likely to be as harmful as Delta 9 THC (the primary psychoactive compound in cannabis), it is still unknown whether or not it can cause adverse effects. However, until more research is conducted on Delta 8 THC, it will remain illegal in Colorado.

So, in other words, converting any cannabinoids from the industrial hemp plant using a chemical process is, unfortunately, illegal in Colorado. The state does not allow any synthetic substances.

The law is clear – no one may sell or distribute Delta-8 within the state. This includes online vendors, dispensaries, and any other form of a retail store that offers CBD/ Marijuana products as well!

On the flip side, Delta 8 THC is federally legal, and it’s up to each state to determine if they allow it.

So, Where Does That Leave Me As a Consumer?

Just because you are not permitted to buy hemp-derived products with Delta 8 THC doesn’t mean you can’t get any hemp products with THC. You got options as long it comes from naturally occurring cannabinoids and the Delta 9 THC is below 0.30% total dry weight.

Before we get into it, let’s quickly examine the law surrounding full-spectrum products.

Yes, full-spectrum CBD is legal in Colorado. The state has some of the most permissive laws regarding hemp-derived CBD products. Industrial Hemp was first legalized for cultivation in 2014, and since then, the CBD industry has exploded. Today, CBD products are found in various stores all over the state.

Full-spectrum CBD products are made with an extract that contains all of the compounds found in the hemp plant. And most importantly, all are extracted naturally for it to be legal. This includes Cannabidiol (CBD) and trace amounts of THC (less than 0.3%).

While it may be legal to purchase full spectrum CBD products locally, online, and from out-of-state retailers, for the time being, remember that we’re still very new in understanding how these plants will affect our bodies long term. For this reason, it is always advisable to consult with a medical professional before beginning any new regimen.

Where to buy Delta 8 THC in Colorado?

You can’t legally buy any Delta 8 products in Colorado, so the short and not-so-sweet answer is no shops can sell it. The good news is you can purchase Full spectrum CBD products with 0.3% Delta 9 THC.

Even though Delta 8 THC is not available in the state, you can still find very effective hemp products.

Best of all, a little THC goes a long way, so unless you are looking to get massively high, full-spectrum gummies will give you instant relief. Each gummy is tailored to offer a unique experience.

Can I bring Delta 8 with me across the border to Colorado?

No, Delta 8 is not permitted to cross state lines. This means that if you purchase Delta 8 products in a state where it is legal, you will not be able to bring those products into Colorado.

The same goes for Delta 9 THC and any other forms of THC that surpass 0.30% or are chemically extracted, meaning it’s not naturally occurring cannabinoids. It is unlawful to transport across state lines, even if you are traveling from a state where it is legal.

This may seem like a pain, but it is essential to remember that each state has laws regarding cannabis, and it is important to respect those laws. Trying to skirt the rules by transporting cannabis products across state lines can result in severe penalties, including jail time.

What are the penalties for possessing Delta 8 in Colorado?

Possession of Delta 8 THC is a petty offense in Colorado, punishable by a fine of up to $100. Because Delta 8 THC is a schedule 1 drug, possession of larger amounts of Delta 8 THC can result in more severe penalties, including up to 18 months in jail and a potential fine of up to $5,000.

Can I order Delta 8 THC online if I live in Colorado?

Yes, you can order Delta 8 THC online and have it shipped to your Colorado address. However, Delta 8 is illegal in Colorado, which means the products will be confiscated by state authorities, and you can get fined. Technically out-of-state brands can ship to Colorado; however, it’s up to you as the consumer to carry the responsibility.

So while you technically can order Delta 8 online and have it shipped to your Colorado address, we do not recommend it. Not only is it illegal, but it’s also risky.

With all that said and done, what are the legalities of Marijuana?

Yes, Marijuana is legal in Colorado for both recreational and medicinal use. The Colorado health department legalized medical- in 2000 and recreational in 2012. Colorado’s marijuana laws are some of the most permissive in the United States.

Adults 21 and over can purchase and possess up to 1 ounce (28 grams) of Marijuana at a time from a licensed retail store, plus Colorado residents can also grow up to 6 plants at home for personal use.

Can I buy Marijuana in colorado as an out-of-state visitor?

Yes, out-of-state visitors can purchase and possess up to 1 ounce (28 grams) of Marijuana from a licensed retail store. However, it is essential to note that it is illegal to transport Marijuana across state lines.

So if you are planning on purchasing Marijuana while in Colorado, you will need to consume it there. So don’t go too wild at the local dispensary.

Final Thoughts – The Future of Delta 8 THC In Colorado

What the future holds for Delta 8 THC in Colorado is uncertain. We know in January 2023, the department of the public health task force is to submit a report of its finding related to intoxication. Will that report shed some additional light on this? Only time will tell.

For now, the state has restrictions on Delta 8 THC, which means it’s currently illegal to sell or possess in Colorado.

Is it possible, with more research and a state that legalized Marijuana for recreational and medicinal use will open back up for industrial hemp-derived THCs? Only time will tell.

In the meantime, if you are looking for a Delta product, we recommend checking out our true full-spectrum gummies. When looking at the ingredients, you can see we only use organic and natural ingredients. The real fruit flavor will make you crave more.

And best of all, they have a max of 0.3% Delta-9 THC and are legal nationwide. So even though you can’t get Delta 8 in Colorado, you can still get your Delta fix with our gummies.

Full Spectrum Gummies From BioWellnessX
BioWellnessX Full Spectrum Gummies – Made with organic and natural ingredients!


  1. Intoxicating Hemp And Tetrahydrocannabinol Products –
  2. Industrial Hemp Products Regulation –
  3. 2018 Farm Bill –

Legal Disclaimer:
The efficacy of hemp-derived Delta 8 and CBD products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not a substitute or alternative to health care practitioners’ knowledge, especially with prior medical conditions. Before using any product, consult your healthcare professional about potential interactions or complications.

Frequently Asked Questions (FAQs)

What is Delta 8?

Delta 8-tetrahydrocannabinol is a psychoactive cannabinoid found in the Cannabis plant. Delta 8 and 9 are both hemp-derived THC isomers, commonly known as just ‘THC.’ THC is known for its antiemetic, anxiolytic, orexigenic, analgesic, and neuroprotective properties.

Effects of Delta 8 on the body

Delta 8 cannabis can have similar effects to Delta 9-THC, including euphoria, happiness, relaxation, and pain alleviation. The adverse side effects of Delta 8 medications are inadequately studied, although some users of Delta 8 products claim confusion, anxiety, drowsiness, and tachycardia.

Why would someone want to use Delta 8?

For individuals who desire a less intense “high” than they achieve with regular THC, Delta 8 THC may be a viable option. While Delta 8-THC is reported to have less potent effects than Delta 9, more study is needed to determine this chemical potential adverse side effects.

Where can I buy it in Colorado?

The State of Colorado joined the extended listing of states regulating Delta 8 THC production and consumption; at this point, you cannot buy or find any Delta 8 products in Colorado.

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