Is Delta 10 Legal In Colorado?
Memo to Stakeholders Re: Production and/or Use of Chemically Modified or Converted Industrial Hemp Cannabinoids 5-14-2021
Today, the Marijuana Enforcement Division (MED) provided clarification to licensees regarding the production or use of chemically modified or synthetically derived tetrahydrocannabinol (THC) isomers (including Delta-8, Delta-9, and Delta-10-THC) originating from Industrial Hemp precursors such as CBD isolate. Like MED, we have received numerous inquiries and want to ensure we are responsive to the issues and concerns. The Division of Environmental Health and Sustainability (“Division”) within the Colorado Department of Public Health and Environment (“Department”) is providing this notice to industrial hemp registrants to clarify that 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. Additionally, a complete profile of reactionary byproducts has not been established in association with the conversion or creation of delta-9, delta-8, delta-10-THC; therefore, 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.
Authority: Section 25-5-426(1)(g.3) & (g.5) and 25-5-426(4)(d), C.R.S.
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TITLE 18 CRIMINAL CODE. ARTICLE 18. UNIFORM CONTROLLED SUBSTANCES ACT OF 2013. PART 1
(18) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from any Uniform Controlled Substances Act 6 of 53 2016 other item defined as “marijuana” in this subsection (18). “Marijuana” does not include marijuana concentrate as defined in subsection (19) of this section.
(35) (a) “Tetrahydrocannabinols” means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:
(I) ¹Cis or trans tetrahydrocannabinol, and their optical isomers;
(II) 6Cis or trans tetrahydrocannabinol, and their optical isomers;
(III) 3,4Cis or trans tetrahydrocannabinol, and their optical isomers.