Colorado Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Colorado. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALColorado permits hemp-derived CBD products under the Colorado Industrial Hemp Program (Colo. Rev. Stat. § 35-61-101 et seq.). Products must contain less than 0.3% THC and comply with state testing and labeling requirements.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% THC.
Sale
Sale is allowed with proper licensing and compliance with state regulations.
Penalties
N/A
Age Restriction
None
Delta-8 THC
LEGALColorado permits Delta-8 THC derived from hemp under the Colorado Department of Revenue Marijuana Enforcement Division rules. Delta-8 products must contain less than 0.3% Delta-9 THC and comply with state hemp regulations. Adults 21 and older may legally possess and purchase Delta-8.
Possession
Legal for adults 21+.
Retail Sale
Legal with proper licensing and compliance with hemp product regulations.
Penalties
N/A
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Colorado under the 2018 Farm Bill. Senate Bill 23-271 (2023) established specific dosage and potency limits for hemp-derived products, further aligning their regulation with the existing marijuana market.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Colorado, with no state laws banning or regulating it. It is not listed as a controlled substance under Colorado Revised Statutes.
Possession
Legal to possess kratom.
Sale
Legal to sell and purchase kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal under Colorado Revised Statutes § 18-18-406. However, in 2022, Denver voters approved Initiative 301, decriminalizing possession and personal use of psilocybin mushrooms. State law still prohibits sale and manufacture.
Possession
Illegal under state law but decriminalized in Denver city limits.
Distribution
Illegal statewide.
Penalties
State penalties apply outside Denver; Denver enforces minimal penalties for possession.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Colorado. Several new laws took effect in January 2026 aimed at streamlining marijuana regulations.
Personal Possession
Adults 21+ may possess up to 2 oz of marijuana. Home cultivation of up to 6 plants per person (12 per household, only 6 flowering) is allowed.
Retail Purchase
Legal through licensed dispensaries. Delivery is permitted. Social consumption lounges are allowed in some jurisdictions.
Penalties
Possessing 2-6 oz is a drug petty offense ($100 fine). Over 6 oz is a misdemeanor. Open and public display is a petty offense ($100 fine).
Age Restriction
21+
Salvia
ILLEGALSalvia divinorum is illegal in Colorado. Possession or use is a Class 2 misdemeanor, while distribution, manufacturing, or cultivation is a felony offense.
Possession
Possession of Salvia divinorum is a Class 2 misdemeanor in Colorado.
Sale
Distribution, manufacturing, or cultivation of Salvia divinorum is a felony offense in Colorado.
Penalties
Possession is punishable as a Class 2 misdemeanor; distribution, manufacturing, or cultivation is punishable as a felony.
Age Restriction
None