Hemp-Derived Delta-8 THC Banned in Colorado

BREAKING: Delta-8 THC Banned in Colorado

Colorado has now joined states like Oregon by banning hemp-derived THC isomers. The Division of Environmental Health and Sustainability (“Division”) within the Colorado Department of Public Health and Environment (“Department”) sent the following notice to industrial hemp registrants, saying…

“…chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.’ This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”

Delta 8 THC Banned in Colorado

Delta-8 THC Banned in Colorado – The Reasons

The decision to ban Delta-8 came after the Colorado health department claimed to be uncertain of how these isomers were made. Their statement claimed…

“Insufficient evidence exists to determine whether or not any toxic or otherwise harmful substances are produced during these reactions and may remain in the regulated industrial hemp products ingested or applied/used by consumers. Therefore, these tetrahydrocannabinol isomers are not allowed in food, dietary supplements or cosmetics.”

Hemp-derived THC isomers like Delta-8 have disrupted the cannabis market ever since the 2018 Farm Bill legalized hemp extracts. Advocates of these products have argued that the isomers are legal because they are derived from hemp plants instead of marijuana plants. 

However, the U.S. Drug Enforcement Administration disagrees argues that Delta-8 THC is manufactured from hemp-derived CBD instead of being extracted directly from the hemp plant. This is their argument for treating such isomers as controlled substances. The statement said nothing about how the decision would effect regulated marijuana retailers or the selling of marijuana-derived THC isomers.

While it’s too early for this argument to be challenged in court, a hemp manufacturer in South Carolina (Hemp Industries Association) plans to challenge it in Washington DC. In response, the Colorado Department of Public Health and Environment and Marijuana Enforcement Division agreed that, “if necessary” they would hold conversations with stakeholder on this topic. No such conversations have been scheduled so far. 

Read the Colorado Department of Public Health and Environment and Marijuana Enforcement Division’s full statement here.  

This CBD industry news update is brought to you by CBD Manufacturer, Spring Creek Labs. 


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