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Is CBD Legal in Colorado? CBD Laws 2022

Is CBD Legal in Colorado? CBD Laws 2022

Known for its towering purple peaks, sweeping plains and legal initiatives that made it the first state to authorize both recreational marijuana and industrial hemp, Colorado is at the forefront of cannabis legalization.

Colorado CBD law has changed significantly in the last 25 years. 

Per Amendment 64, which was introduced to the Colorado Constitution in 2012, marijuana- and hemp-derived CBD products with no more than 0.3% THC were authorized for cultivation and sale in Colorado. 

CBD Laws in Colorado: What You Need to Know

Colorado CBD law has changed significantly in the last 25 years. The Industrial Hemp Act established the Colorado Department of Agriculture’s Hemp Program, which regulates the cultivation of hemp within the state in regards to:

  • Hemp seed certification – Cannabis sativa L. seeds used to grow hemp must be certified by the Seed Certification Agency to verify THC compliance, purity and uniformity. However, the use of certified seeds is not mandated. Growers can also use open-source seeds. All seeds must contain no more than 0.3% THC, however.
  • Registration – Growers must obtain Commercial Hemp Registration from the Commissioner before planting hemp crops.
  • Reports – Hemp growers must submit a report that includes the varieties of hemp plants used, the intended purpose of the crop, the acreage of the crop, the harvest date and THC test results.
  • Inspection and sampling – All growers are subject to routine inspection of the THC concentration of the hemp planted. Hemp crops are sampled by a list of hemp testing laboratories approved by the Colorado Department of Public Health and Environment.

Colorado CBD laws also require sellers of CBD to obtain a license, whether they have plans to sell the product in a store, manufacture CBD-infused products or transport and store CBD products. State licensing authorities in Colorado are strict. Therefore Colorado business owners must present an application that showcases their knowledge of THC compliance and current laws.

With Amendment 64, those in Colorado can also legally purchase CBD sourced from industrial hemp that doesn’t exceed 0.3% THC and CBD sourced from marijuana. Although, those who purchase marijuana-sourced CBD must be 21 years or older. 

That said, an important technicality arises pertaining to the use of CBD in food and beverages:

  • Marijuana-derived CBD products (regulated by Colorado state law) may be used in food and beverage products like edibles and infused beverages. Consumers must meet the state’s minimum age requirement of 21 to purchase these products.
  • Industrial hemp-derived CBD is not approved for use in food and infused beverages.

Is CBD Legal in Colorado?

Is CBD oil legal in Colorado? Yes. Throughout the years, several legislations have been authorized pertaining to the cultivation and sale of CBD:

  • Medical Marijuana Legalization (2000) – Colorado voters approved Article 18, Section 14 of the state constitution in 2000, legalizing the use of medical marijuana by patients with severe or debilitating health conditions. While it wasn’t unlike other states’ early medical marijuana laws, it did allow minors to receive a prescription upon a recommendation from two physicians. Marijuana prescription recipients used registry cards to purchase consumable or smokable medical marijuana products, including CBD medications, and were allowed to own up to six of their own marijuana plants. 
  • Amendment 64 (2012) – Like its predecessor, Amendment 64 was approved by Colorado voters. The law legalized the adult, recreational use of marijuana and cannabis products like CBD without the need for a prescription. The law also allows Coloradan adults to grow up to six marijuana plants privately. 
  • The Farm Bill (2018) – In 2018, the US changed existing laws governing hemp products via the Agricultural Improvement Act. The legislation legalized the growing, production, sale and use of industrial hemp products (cannabis products with 0.3% or less THC content) and all of their components — including hemp-derived CBD products, like CBD oil. The bill made it legal for anyone of any age to purchase and possess hemp-derived products.

Can I Buy CBD in Colorado?

CBD from both hemp and marijuana plants is available for purchase across Colorado by licensed sellers.

In Colorado, shoppers must show proof of identification to confirm that they meet the minimum age requirement (21 years) when purchasing non-industrial hemp-derived cannabis products. Industrial hemp-related products can be purchased by anyone of any age. 

Can I Buy CBD Online?

While Colorado certainly isn’t short of CBD retailers (just take a drive down Broadway in the Denver metro area for a selection of cannabis shops), residents can also buy CBD products online. When buying online, consumers can peruse a variety of CBD products and gain insight into each product’s manufacturing process and ingredient list.

More specifically, online retailers like Zebra CBD often provide a Certificate of Analysis (COA) for each product. The COA is produced by a third-party lab and provides insight into the product’s cannabinoid and contaminant content. That way, consumers can ensure that the CBD product is of high quality.

Can I Buy CBD at a Dispensary?

Dispensaries in Colorado provide a number of CBD-infused products. However, as one of the first states to adopt recreational use, Colorado has many licensed retailers that sell CBD oil, including pharmacies, health food shops and wellness centers.

To buy marijuana-derived CBD at a dispensary, purchasers must be at least 21 years old.

Legal Status of CBD in Colorado

CBD is legal in Colorado, and there are no legal age restrictions when purchasing  hemp-derived CBD oil. But, to purchase other cannabis products (including marijuana-derived CBD), customers must be 21 years of age or older.

However, Colorado consumers are encouraged to stay up to date on state regulations as they may change.

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Colorado?

Yes, CBD products are legal in Colorado when sold by licensed cannabis retailers.

2. How old do you have to be to buy CBD in Colorado?

There are no legal age restrictions when purchasing hemp-derived CBD in Colorado, but all other cannabis products may only be purchased by shoppers over the age of 21.

3. Can I sell CBD products in Colorado?

Licensed cannabis producers and processors can sell CBD products that have undergone state-required testing and screening for cannabinoid potency and toxin levels.

Source: 

Office of Legislative Legal Services. Medical Marijuana. https://leg.colorado.gov/sites/default/files/medical-marijuana.pdf

Congress.gov. H.R.2 – Agriculture Improvement Act of 2018. https://www.congress.gov/bill/115th-congress/house-bill/2/text

State of Colorado. Legal Marijuana Use in Colorado. https://cannabis.colorado.gov/legal-marijuana-use-in-colorado

Code of Colorado Regulations. Rules Pertaining To The Administration And Enforcement Of The Industrial Hemp Regulatory Program Act. https://www.coloradosos.gov/CCR/GenerateRulePdf.do?ruleVersionId=9899