Is CBD oil legal in Colorado?
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- What is CBD?
- Why is CBD sometimes illegal?
- Colorado CBD laws
- Where to buy CBD in Colorado
- How to read CBD labels and packaging
Yes, cannabidiol (CBD) oil is currently legal in the state of Colorado — and, unlike many other states, Colorado allows for hemp to be used as a food additive.
Colorado is one of the country’s most progressive states on legalizing cannabis. Medical marijuana has been legal since 2000, and in 2012, Colorado voters legalized adult-use marijuana.
The state takes a similarly progressive stance toward industrial hemp and hemp-derived products, including CBD oil. While the 2018 Farm Bill legalized industrial hemp, it also left unanswered questions about CBD’s legality.
What is CBD?
CBD is a cannabinoid found in cannabis. CBD is the second-most-prominent cannabinoid found in the plant, after THC. CBD is non-intoxicating and doesn’t produce the high associated with THC. It also shows significant promise as a therapeutic treatment because of its analgesic, anti-inflammatory, and anti-anxiety properties, as well as its potential to suppress seizure activity.
Why is CBD sometimes illegal?
Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication. However, under the 1970 Federal Controlled Substances Act, all types of cannabis were considered illegal. The legislation categorized all cannabis as a Schedule 1 substance, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
In 2018, Congress passed the Farm Bill and legalized hemp cultivation, creating a pathway to remove cannabis from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than that amount. Hemp-derived CBD was thus removed from its Schedule 1 designation. However, CBD derived from marijuana is considered federally illegal because marijuana remains federally illegal. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
The Farm Bill also endowed the Food and Drug Administration (FDA) with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, even hemp-derived, may be added to food or beverages or marketed as a dietary supplement.
As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.
Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in foods, beverages, dietary supplements, and cosmetic products independently of the FDA’s rules.
Colorado CBD laws
In 2018, Democratic Gov. John Hickenlooper signed SB 18-205 which clarified regulations on hemp as an agricultural commodity. The state revised laws to allow all parts of the industrial hemp plant to be used as a food ingredient if manufacturers conform to specific rules. To use industrial hemp as an ingredient, manufacturers must register with the Colorado Department of Health and Environment (CPDHE) and must be able to demonstrate the following:
- All parts of the hemp plant utilized in food come from a state with an established and approved industrial hemp program, or a country that inspects or regulates hemp under a food safety program, or equivalent criteria to ensure safety for human consumption.
- The producer or grower of the industrial hemp must comply with any governing laws within the state or country of origin.
- The hemp must contain less than 0.3% THC.
- The use of the plant other than seeds and their derivatives will have lab test results that indicate the levels of THC are below 0.3%.
Licensing requirements for CBD
Under Colorado’s current industrial hemp program, growers must have a state-issued certificate authorizing them to cultivate on authorized lands.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Applications are accepted at any time and take up to 30 days to process. The application fee is $500 per application with an additional $5 per acre or 33 cents per 1,000 square feet for indoor grows. Currently, there are no area minimums or maximums. Certifications are valid for one year.
Testing requirements for CBD
All manufacturers registered with the CDA and CPDHE are subject to lab testing to ensure their hemp products don’t exceed 0.3% THC. If selected, manufacturers are contacted by a CDA agent to schedule an inspection, when a sample is collected from the flower, buds, and the top two inches of foliage leaf material. Samples are then sent to a lab for testing.
Any hemp found to contain more than 0.3% THC must be destroyed. If a test comes back with THC levels above 0.3% but below 1%, the crop must be destroyed or disposed of or growers could have their certificates suspended or revoked. If the crop tests above 1% THC, it is categorized as an illegal marijuana grow and growers may be subject to prosecution.
The current fee for hemp testing is $150 per sample, plus $35 per hour and 25 cents per mile for drive time.
Labeling requirements for CBD
According to the state of Colorado’s current industrial hemp policy, all hemp-derived products, including CBD oil, must be labeled to conform with state and federal labeling laws, including:
- Clearly identify hemp as an ingredient.
- Clearly identify CBD and the amount of CBD if added as an isolate;
- Include a statement that the FDA has not evaluated products.
- Contain no therapeutic or nutritional benefit claims.
Colorado CBD possession limits
CBD oil is fully legal in Colorado and currently, there are no defined possession limits.
Where to buy CBD in Colorado
Because hemp-derived CBD is legal in Colorado, consumers can purchase CBD oil and other products from retail stores and online. However, it’s important to research CBD products and ensure that they are from a trusted, reputable source.
How to read CBD labels and packaging
Colorado has clear labeling requirements for CBD products, but most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight or volume.
- Manufacturer or distributor name.
- Suggested use.
- Full spectrum, broad spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Colorado? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Colorado CBD laws Where to
CBD Oil Colorado in 2020 – Legalities & Do You Need a Prescription?
When it comes to marijuana, Colorado has been one of the most envied states around America by weed lovers. This is because Colorado was one of the first ten states to legalize cannabis for recreational use completely. Hence, Colorado is one of the most forward and progressive-thinking States in the US when it comes to marijuana legislation.
Colorado residents have had the privilege of legally indulging marijuana since 2001. In fact, their extremely liberal stance of marijuana paved the way for them to pass Amendment 64 that legalized the cultivation, sale, and possession of recreational marijuana in November 2012.
However, while Colorado residents are allowed to consume recreational marijuana with high THC content, some still prefer to use a more therapeutic compound of cannabis, specifically CBD. Unlike marijuana, CBD is not high-inducing. This non-psychoactive compound is thought to have numerous benefits.
Is CBD Oil Legal in Colorado?
Just like marijuana, you can purchase CBD oil and other hemp-infused CBD products legally in Colorado. However, since not all CBD oils are the same, you should always check where the CBD content has been derived from.
Colorado’s legislative framework allows for the use of both cannabis CBD oil and hemp CBD oil, whether for medical or personal use. This is in consideration that Colorado residents can use marijuana for both medical and recreational purposes. However, the process of buying is slightly different.
Anyone looking to buy oil derived from marijuana, you need to do directly from a state-licensed dispensary. You will also be expected to present a medical marijuana identification card to show you are of legal age, and that a doctor has recommended you for the use of medical marijuana.
Anyone above 21 years can legally walk into a medical marijuana dispensary and choose a CBD product of their liking. However, keep in mind that the dispensary is not allowed to give you medical advice, especially if they sell recreational marijuana. In which case, you will need to go to a medical marijuana dispensary where there are professional staff trained and allowed to give you treatment advice.
If you also want to buy cannabis oil infused with CBD for treatment or medical therapy, then you need to present a medical marijuana card as well. The card helps give you access to both recreational and medical marijuana and other derivatives.
The Colorado Department of Agriculture (CDA) regulates the cultivation of industrial hemp in the state. The regulations on hemp as an agricultural commodity was further clarified when Governor John Hickenlooper signed SB 18-205 in 2018.
The laws were revised to allow all parts of industrial hemp to be used as food additives or ingredients if manufacturers followed the specified rules. Hence, industrial hemp manufacturers looking to use it as an ingredient are required to first register with the Colorado Department of Health and Environment.
They are also expected to demonstrate that all the parts of the plant to be utilized in food came from a state with an approved and established industrial hemp program, or a state that regulates or inspects hemp under food safety programs, or uses an equivalent criterion to make sure that it is safe for human consumption.
Any grower or producer of industrial hemp is expected to comply with the governing laws within the country or state of origin, and the hemp must contain no more than 0.3% THC. Anyone who uses the plant other than the seeds will need to pass the product for lab testing to indicate that the THC levels remain below 0.3%.
You will not require a medical marijuana card to purchase CBD derived from hemp. This is because CBD derived from hemp isn’t FDA-regulated. The state’s Board of Health approves for CBD oil to be used to treat conditions like:
- Seizures and epilepsy
- Multiple sclerosis
- Post Traumatic Stress Disorder
- Muscle Spasms
- Severe and Chronic Pain
Hence, if you are looking to use CBD oil for a condition that hasn’t been included on the list, we recommend seeking advice from a qualified physician to find a suitable alternative treatment.
Why You Should Buy CBD Oil Colorado Online?
While marijuana and CBD are easily accessible in Colorado, it is much easier to get CBD oil online. Purchasing CBD oil online has numerous benefits compared to buying locally, especially because anyone looking to purchase CBD oil in Colorado is very conscious of the THC level.
Anyone who doesn’t mind THC can quickly get marijuana locally; however, if you specifically want CBD oil with less than 0.3% THC, then buying online will help you make sure of this. With online CBD retailers, you can always access their Third-Party lab results and confirm the THC content level in the product.
You can find reliable CBD retailers online than you would locally. In fact, you are exposed to a wide variety of manufacturers online, and all you need to do is sort through all the choices until you find a CBD brand that suits all your needs.
Once you find an online brand that favors you, you can compare the prices and settle for one that gives you value for your money. Luckily, with online shopping, you are exposed to offers and discounts that make the product cheaper compared to locally buying the same product.
You can also check the online reviews before purchase and see what people who have bought and used the product are saying about that particular brand. Online deals are also a fantastic way to buy CBD oil products in bulk at a much lower cost.
Is CBD oil Colorado considering it was the first state to legalize the recreational use of marijuana in 2020? Read on to find out more about this!