Is CBD Legal in Colorado? State Hemp Rules in 2026
As of November 3, 2026, Colorado allows registered CBD products with up to 1.75 mg THC per serving, sets some 21+ limits, and bars delta-8 as hemp.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 3, 2026, CBD is legal in Colorado as a "hemp product." State law lists CBD as a nonintoxicating cannabinoid. A hemp product must be a cosmetic, dietary supplement, food, food additive, or herb, with no more than 1.75 mg of THC per serving and at least 15 parts CBD for each part THC. It must come from a maker registered with the Colorado Department of Public Health and Environment.[1, 2]
Delta-8, delta-10, HHC, THC-O, THCP, and similar compounds are classed as intoxicating. They may not be made or sold in Colorado as hemp products beyond the allowed THC limits. Some hemp products with more THC, or a lower CBD-to-THC ratio, may be sold only to people 21 and older.[1, 2]
Colorado also has a separate, licensed medical and adult-use marijuana market. Licensed marijuana stores may also sell hemp products, but only tested ones from registered makers. That market follows its own rules, which are not the same as the hemp rules.[3, 4]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, within state limits. As of November 3, 2026, Colorado law lists CBD as a nonintoxicating cannabinoid. A legal hemp product is a cosmetic, dietary supplement, food, food additive, or herb made from hemp, with no more than 1.75 mg of THC per serving and a CBD-to-THC ratio of at least 15 to 1. It must be made by a business registered with the Colorado Department of Public Health and Environment (CDPHE).[1, 2] |
| Hemp definition and THC limit | Colorado law defines hemp as the plant Cannabis sativa L. and any part of it, including seeds, derivatives, extracts, cannabinoids, isomers, acids, and salts, with a delta-9 THC concentration of no more than 0.3 percent on a dry-weight basis. For finished hemp products, the state rule counts total THC, which includes THCA: total THC equals THCA × 0.877 plus THC. Under the rule, "THC" includes delta-8, delta-9, delta-10, and other THC isomers, not only delta-9. Products are limited to 1.75 mg of THC per serving.[1, 2, 5] |
| CBD in food and drinks | Allowed. Food, food additives, and dietary supplements are among the five allowed forms of hemp product. State law says a product containing hemp made by a CDPHE registrant is not considered adulterated unless it meets Colorado's general adulteration criteria. The same THC and ratio limits apply.[1, 2] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Not allowed as hemp products beyond state limits. Colorado lists delta-8, delta-9, delta-10, HHC, THC-O, THCP, and similar compounds as intoxicating cannabinoids. They may not be made or sold in Colorado as hemp products except as THC within the allowed limits. Making them by chemical conversion is banned, except conversion into nonintoxicating cannabinoids. Synthetic cannabinoids are banned. "Safe harbor" hemp products with more THC may be made only for sale outside Colorado. We found no Colorado rule that names high-THCA hemp flower. Because the rule counts THCA as THC, such flower appears unlikely to meet the hemp product limits; this is our reading.[1, 2] |
| Minimum age | 21 for some hemp products. It is unlawful to sell a hemp product to anyone under 21 if it has more than 1.25 mg of THC per serving, or if its CBD-to-THC ratio is lower than 20 to 1. This age rule does not apply to products with no THC, tinctures, cosmetics, or hemp products the FDA has found generally recognized as safe. For other CBD products, we found no statewide minimum age. Retail (adult-use) marijuana may be sold only to adults 21 and older. Medical marijuana has separate rules for registered patients, including some patients under 21.[1, 3] |
| Who can sell it | Hemp product manufacturers and storage facilities must register with CDPHE each year ($100 application fee plus a $1,500 registration fee). State law makes it unlawful to make, sell, or hold a hemp product for sale without registering. The CDPHE rule applies registration to manufacturers and storage facilities and does not cover retail food establishments. Licensed marijuana stores may sell hemp products only from registered makers and after testing. We found no Colorado rule that speaks directly to online sales of CBD.[1, 2, 3] |
| Labels and lab testing | Required. Hemp products must be tested by a certified lab for potency, microbes, mycotoxins, pesticides, heavy metals, and residual solvents. Since June 1, 2024, labels must show total THC per serving and per package, the CBD-to-THC ratio, and servings per package. Products over 1.25 mg THC per serving with a ratio under 20 to 1 need a 21+ notice. Labels carry health warnings and may not make disease claims or appeal to children.[2] |
| Medical and adult-use marijuana | Colorado has both, under Article XVIII, Sections 14 and 16 of its constitution. The Marijuana Enforcement Division licenses marijuana businesses. Retail sales are only to adults with ID showing they are 21 or older. Licensed marijuana stores may sell hemp products that passed testing and come from CDPHE-registered makers. They may not possess or transfer safe harbor hemp products.[3, 4] |
| November 12 and December 11, 2026 | Colorado's hemp statutes and product limits are written in state law and do not point to the federal definition. Colorado's constitution is different: since voters approved Amendment X in 2018, it says "industrial hemp" has the same meaning as it is defined in federal law or as the term is defined in Colorado statute. In our reading, this wording may give the federal change some weight in Colorado, but how it fits with the state's own limits is not settled. Federally, only the rule on cannabinoids the plant cannot produce naturally applies from November 12, 2026. The rest, including cannabinoids made outside the plant, total THC, and a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. In our reading, many products within Colorado's 1.75 mg per serving limit may contain more than 0.4 mg total THC per container, which may affect products that cross state lines.[1, 5, 6, 7, 8, 9] |
How Colorado defines hemp and hemp products
Colorado defines hemp as the plant Cannabis sativa L. and any part of it, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with no more than 0.3 percent delta-9 THC on a dry-weight basis. This wording came from Senate Bill 19-220 in 2019.[5]
Senate Bill 23-271 (2023) set the rules for finished products. A "hemp product" is a cosmetic, dietary supplement, food, food additive, or herb meant for human use and made from hemp. It may contain no more than 1.75 mg of THC per serving, and its CBD-to-THC ratio must be at least 15 to 1. Making any other kind of product containing hemp is unlawful.[1]
The law sorts cannabinoids into three groups. Nonintoxicating ones include CBD, CBG, CBN, CBC, CBDV, THCV, and full- or broad-spectrum hemp extract within the limits. "Potentially intoxicating" and "intoxicating" ones face tighter limits, described below.[1]
The CDPHE rule (6 CCR 1010-24) counts total THC, which includes THCA. It uses the formula total THC = THCA × 0.877 + THC, where "THC" includes delta-8, delta-9, delta-10, and other THC isomers. Broad-spectrum hemp extract may contain no more than 0.05 mg total THC per gram and no more than 6.0 mg total THC per container.[2]
Delta-8 and other intoxicating products
Colorado's list of intoxicating cannabinoids includes delta-6a10a, delta-7, delta-8, delta-9, and delta-10 THC; exo-THC; HHC and related compounds; synthetic THC, including dronabinol; ester forms such as THC-O; THC varins other than delta-9 THCV; and analogues such as THCP. These may not be made or sold in Colorado as hemp products, except as THC within the allowed limits.[1, 2]
The rule also bans making intoxicating cannabinoids by chemical conversion, except conversion into nonintoxicating cannabinoids. Synthetic cannabinoids are banned unless a rule allows them. Breaking these rules can bring a civil penalty of up to $10,000 per day per violation.[1, 2]
A registered business may make "safe harbor" hemp products, which go beyond Colorado's limits, but only for sale outside Colorado. These products may not be sold in the state.[1, 2]
As of November 3, 2026, lawmakers have not changed these hemp limits since 2023. Senate Bill 26-164, a bill that would have allowed hemp-derived THC beverages with up to 10 mg of total THC per serving, was postponed indefinitely in a Senate committee on April 28, 2026. It did not become law.[1, 10]
Age limits, package sizes, and who may sell
A hemp product may not be sold to anyone under 21 if it has more than 1.25 mg of THC per serving, or a CBD-to-THC ratio lower than 20 to 1. Products with no THC, tinctures, cosmetics, and hemp products the FDA has found generally recognized as safe are exempt from this age rule.[1]
Package sizes are also limited. A product with more than 1.25 mg of THC per serving and a ratio below 20 to 1 may have no more than 5 servings per package. A product with more than 1.25 mg of THC per serving and a ratio of 20 to 1 or more may have no more than 30 servings per package. These package limits do not apply to products with no THC, tinctures, cosmetics, or hemp products the FDA has found generally recognized as safe.[1]
Hemp product manufacturers and storage facilities register with CDPHE each year. The law makes it unlawful to make, sell, or hold a hemp product for sale without registering. The CDPHE rule applies registration to manufacturers and storage facilities and does not apply to retail food establishments.[1, 2]
Labels and lab testing
Hemp products must be tested by a certified lab. The tests cover potency, microbes, mycotoxins, pesticides, heavy metals, and residual solvents.[2]
Since June 1, 2024, labels must show total THC per serving, total THC per package, the CBD-to-THC ratio, and the number of servings. Products with more than 1.25 mg THC per serving and a ratio below 20 to 1 must carry a 21+ notice.[2]
Products with THC, other than broad-spectrum products and cosmetics, must warn that they may cause a positive drug test and impairment, that they have not been evaluated for safety or efficacy, and that they should be kept out of reach of children. CBD products must carry a notice about pregnancy and breastfeeding, and a warning that the product may cause health problems including liver injury, damage to male reproductive health, and sedative effects. Labels may not appeal to children or target people under 21.[2]
Colorado's separate marijuana market
Colorado's constitution allows medical marijuana (Article XVIII, Section 14) and adult-use marijuana (Article XVIII, Section 16). The Marijuana Enforcement Division licenses these businesses under the Colorado Marijuana Rules (1 CCR 212-3). Retail stores may sell only to customers with ID showing they are 21 or older.[3]
Marijuana and hemp follow different rules. Licensed marijuana businesses may use intoxicating cannabinoids made from marijuana. Colorado's marijuana code also lets licensed stores sell hemp products, but only from makers registered with CDPHE and only after testing. Senate Bill 24-172 (2024) updated this part of the code to use the term "hemp product." Licensed marijuana businesses may not possess or transfer safe harbor hemp products.[1, 3, 4]
A 2025 law, House Bill 25-1209, updated cross-references in the marijuana code so that stores check a hemp supplier's registration under the current hemp product law. It did not change the hemp limits.[11]
How the 2026 federal changes may fit
Colorado's hemp statutes and product limits are written in state law and do not point to the federal definition. The CDPHE rule also says registration does not mean a product meets federal law. Colorado's constitution, however, also defines "industrial hemp" in its marijuana article. Since voters approved Amendment X in November 2018, it says industrial hemp "has the same meaning as it is defined in federal law or as the term is defined in Colorado statute."[2, 5, 6, 7]
From November 12, 2026, the federal hemp definition excludes hemp-derived cannabinoid products that contain cannabinoids a cannabis plant cannot naturally make. The rest of the federal change, including total THC (THCA included), the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[8, 9]
In our reading, the constitution's reference to federal law may give the federal change some weight in Colorado, but how it fits with the state's own statutes is not settled. Many products within Colorado's 1.75 mg per serving limit may also hold more than 0.4 mg total THC per container, which may affect how such products move across state lines.[1, 6, 8, 9]
What changes next
Federal change on cannabinoids the plant cannot naturally make
From November 12, 2026, only the federal rule on cannabinoids the plant cannot produce naturally applies: hemp products with such cannabinoids fall outside the federal hemp definition. Colorado already bans synthetic cannabinoids in hemp products.[1, 8, 9]
Rest of the federal hemp change
The rest of the federal change, including cannabinoids made outside the plant, total THC, and the 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again. Colorado's own limits are per serving.[1, 8, 9]
Who regulates hemp and CBD
- Colorado Department of Public Health and Environment (CDPHE): Registers hemp product manufacturers and storage facilities and enforces hemp product rules, including testing and labels.
- Marijuana Enforcement Division (MED): Licenses and regulates medical and adult-use marijuana businesses, including their sale of hemp products.
- Colorado Department of Agriculture: Regulates hemp cultivation under the industrial hemp program.
Timeline
Voters approve Amendment X on the hemp definition
Amendment X changes the constitution's definition of industrial hemp to the meaning in federal law or Colorado statute.[6, 7]
Colorado updates its hemp definition
Senate Bill 19-220 defines hemp to include derivatives, extracts, and cannabinoids, with no more than 0.3 percent delta-9 THC.[5]
Senate Bill 23-271 becomes law
The law sets the 1.75 mg THC per serving and 15:1 CBD-to-THC limits, sorts cannabinoids into three groups, adds 21+ and package-size rules, and requires registration.[1]
CDPHE hemp product rule takes effect
6 CCR 1010-24 sets registration, testing, total THC, and safe harbor rules for hemp products.[2]
New hemp product labels required
Labels must show total THC per serving and per package, the CBD-to-THC ratio, servings per package, and warnings.[2]
Senate Bill 24-172 takes effect
Signed May 1, 2024, the law updates the marijuana code to use the term "hemp product" in the rules for marijuana stores that sell hemp products.[4]
House Bill 25-1209 becomes law
The law updates cross-references in the marijuana code so stores check a hemp supplier's registration under the current hemp product law. The hemp limits did not change.[11]
THC beverage bill stopped
Senate Bill 26-164, which would have allowed hemp-derived THC beverages with up to 10 mg of total THC per serving, was postponed indefinitely in a Senate committee. It did not become law.[10]
Sources
Show 11 references
- SB23-271, Intoxicating Cannabinoid Hemp & Marijuana (Session Laws of Colorado 2023, ch. 444)
- 6 CCR 1010-24, Colorado Hemp Product and Safe Harbor Hemp Product Regulations
- 1 CCR 212-3, Colorado Marijuana Rules
- SB24-172, Hemp Product Definition Marijuana Regulation (Session Laws of Colorado 2024, ch. 151)
- SB19-220, Hemp Regulation Alignment With 2018 Fed Farm Bill (Session Laws of Colorado 2019, ch. 350)
- Senate Concurrent Resolution 18-003 (Amendment X): text of measure amending Colo. Const. art. XVIII, § 16(2)(d)
- 2018 General Election Results: Ballot Language (Colorado Secretary of State)
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- SB26-164, Regulation of Lawful Tetrahydrocannabinol Beverages (Colorado General Assembly bill page)
- HB25-1209, Marijuana Regulation Streamline (Session Laws of Colorado 2025, ch. 398)
Other states
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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.