Maybe you heard, or maybe you haven't, that Colorado has made Delta-8 illegal. While Colorado has been a proponent of marijuana use for many years, this drug does not make the cut.

It was 2012, that Coloradans voted to make marijuana use and the retail sale of, legal for the state; Many other states have followed suit. While we hear a lot about marijuana products becoming legal, when you hear about one being illegal it sparks interest.


Cannibas can be made into Cannibas-related products, such as CBD and THC. Hemp contains much more CBD (cannabidiol) while THC (tetrahydrocannabinol) is more prevalent in marijuana. According to WebMD, CBD and TCH are almost the same, only structured differently:

Both CBD and THC work with receptors that release neurotransmitters in your brain. They can affect things like pain, mood, sleep, and memory.

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Medical marijuana contains more THC to help with many issues, such as glaucoma, Parkinson's Disease, Multiple Sclerosis pain, nausea, etc.  CBD can help with many things,  such as anxiety, depression as well as seizures.

I think most people know that THC is the part of marijuana that gets you "high," so it's confusing to hear that a TCH is illegal in Colorado. It's about how this particular THC is created.



According to DiscoverMagazine, Delta-9 is a THC derived very easily from Cannibas. To create Delta-8 (a much-less stronger psychoactive drug than Delta-9) from Cannibas, takes a lot of effort and money, and is not worth it. If you derive it from CBD found in Hemp, however, it's very easy and ample. They both are consumed in varied ways: smoking, gummies, vaping, etc.


In 2019, the Senate passed a bill legalizing all Hemp-derived compounds, in conjunction with the "Farm Bill" that was passed in 2018. This included Delta-8 and Delta-10 THC.

In 2021, the Colorado Department of Health & Environment, along with Colorado's Marijuana Enforcement Division said that:

...chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’

Basically, Colorado has determined Delta-8 (along with Delta-10) to be a controlled substance, since it's chemically synthesized from CBD. Not every state feels the same as Colorado, but almost half of the states do.

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