Colorado: Market and legal data analysis of the cannabis sector

19th October 2023: US - Colorado: The newly created Natural Medicines Division (NMD) is considering allowing psilocybin edible products as part of its implementation of the Natural Medicine Health Act, which will allow for the therapeutic use of certain psychedelic substances, press reports. Cannabis processors in the state see opportunity in this prospect, as similar extraction techniques could also be used in the extraction of psilocybin. Senate Bill 23-290 was signed into law in May after voters passed a ballot initiative to decriminalise and allow for the therapeutic use of certain psychedelic substances. The bill only allows for the supervised administration of those substances and prohibits patients from taking them away, but regulators are exploring the possibility of allowing administered products in the form of chocolates and gummies that patients would be able to take away with them. Draft regulations are not yet available.
7th June 2023: US - Colorado: Governor Jared Polis has signed Senate Bill 23-271 into law, establishing a comprehensive regulatory framework for the production, distribution, and sale of hemp and intoxicating cannabinoids. The bill classifies cannabinoids into three categories: non-intoxicating, potentially intoxicating, and intoxicating. The new law essentially prohibits the production and distribution of intoxicating hemp products unless those products are only for export outside of Colorado. Meanwhile, non-intoxicating hemp products, which includes full-spectrum products with up to 1.75 mg of THC per serving and a CBD-to-THC ratio of at least 15:1, will still be permitted as hemp products. The Department of Revenue will assess the feasibility of a committee to evaluate cannabinoids and issue regulations on labelling, advertising, and testing requirements.
1st June 2023: US - Colorado: House Bill 23-1279 has been signed by governor Jared Polis into law. It allows licensed cannabis retailers to accept online payment for recreational cannabis products for adults (21+), who would still need to collect physically from the store. Verification of the name and age of the customer has to be made at the time of purchase, and digital warnings or educational materials must have been provided.
25th May 2023: US – Colorado: Governor Jared Polis has signed a bill establishing a regulatory framework for the legalisation of psychedelic “natural medicines”. Senate Bill 23-290 follows the legalisation law that voters passed at last November’s ballot, allowing over-21s to receive psychedelic treatment under guidance at licensed healing centres, and home cultivation of natural psychedelics, with no limits on personal possession of psilocybin, ibogaine, mescaline (not derived from peyote), DMT and psilocyn. The bill establishes a new Division of Natural Medicine, within the Department of Revenue, to direct the regulation and licensing of four approved categories – healing centres, cultivation facilities, product manufacturers, and testing facilities. It strengthens provisions on cultivation and facilitators, sets licensing requirements, and imposes penalties for the unlicensed sale or distribution of psychedelics.
8th May 2023: US - Colorado: Senate Bill (SB) 23-271 has been passed by the House and now heads back to the Senate to be reconciled before reaching the governor’s desk. The bill creates a new regulatory framework for the production, distribution, and sale of hemp and certain intoxicating cannabinoids, setting a classification into three categories for cannabinoids: non-intoxicating, potentially intoxicating, and intoxicating. Among other things, the bill requires that only licensed individuals can produce and sell products containing potentially intoxicating and intoxicating cannabinoids, and certain limitations are placed on the sale of hemp products. The House version would set a limit on THC concentration in hemp products at 1.75 mg per serving (without setting a limit per package) and require a ratio of CBD to THC of at least 15:1. The bill also requires the Department of Revenue to analyse the feasibility of establishing a committee to evaluate cannabinoids and cannabis-derived products and to issue regulations on the labelling, advertising, production and testing requirements of intoxication and potentially intoxicating hemp products.
2nd May 2023: US - Colorado: House Bill 23-1279 has passed the Senate and now heads to the governor’s desk. It would allow licensed cannabis retailers to accept online payment for recreational cannabis products for adults (21+), who would still need to collect physically from the store. Verification of the name and age of the customer would have to be made at the time of purchase, when digital warnings or educational materials must have been provided.
18th April 2023: US - Colorado: House Bill 23-1279 has been passed by the House and now heads to the Senate. It would allow licensed cannabis retailers to accept online payment for recreational cannabis products for adults (21+), who would still need to collect physically from the store. Verification of the name and age of the customer would have to be made at the time of purchase, when digital warnings or educational materials must have been provided.
10th November 2022: US - Colorado: Proposition 122, a ballot measure to decriminalise the possession and use and allow for regulated distribution of certain psychedelic substances, appears poised to pass as votes continue to be counted, press reports. The measure would allow for the adult (21+) possession and use of natural psychedelics, such as psilocybin, dimethyltryptamine (DMT), and ibogaine, and allow for their distribution in licensed healing centres, where participants can purchase and consume the substances under supervision. Oregon voters passed a similar measure in 2020 that allows adults access to psilocybin mushrooms.
3rd June 2022: US - Colorado: Senate Bill (SB) 22-205 has been signed into law by the governor, press reports. The original version would have cracked down on sales of intoxicating hemp-derived cannabinoids (IHDCs), but the bill was amended before passage to assemble a task force to study IHDCs and allow the Colorado Department of Public Health and Environment to limit IHDC sales if it so chooses.
23rd May 2022: US - Colorado: Senate Bill 22-205 has been passed by the House and now heads to the governor for final approval. The bill originally would have cracked down on intoxicating hemp-derived products by setting THC caps. However, the amended and passed version would form a task force to study intoxicating hemp products and make legislative recommendations, and would allow the Department of Public Health and Environment to prohibit such products.
12th May 2022: US - Colorado: Senate Bill (SB) 22-205 has been passed by the House and now heads back to the Senate to reconcile a minor amendment made since the Senate passed the bill. SB 22-205 would allow the department of public health and environment to enact rules to prohibit "the chemical modification, conversion, or synthetic derivation of intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and delta-10, or other intoxicating tetrahydrocannabinol isomers that originate from industrial hemp or may be synthetically modified". It would also establish a task force "to study intoxicating hemp products and make legislative and rule recommendations".

LATEST ALERTS

Cannabis and cannabinoids in Colorado

News analysis

Cannabis companies shed US assets to focus on more lucrative markets

Value of US industrial hemp harvest drops by more than two-thirds in a year

A year of ups and downs for Canadian producer Rubicon Organics in 2022

Schwazze revenue up after entering legal adult-use New Mexico market in 2022

Columbia Care comes out ahead in the US for 2022, looks to streamline in 2023

Alerts

Regulatory reports

A regulatory analysis of cannabis consumption lounges in the US

Which US states allow the sale of intoxicating hemp-derived cannabinoids in dispensaries?

US regulatory trends on intoxicating hemp-derived cannabinoids

US medical cannabis products: a state-by-state regulatory report

Regulatory report: US state-by-state taxation of medical cannabis

Regulatory databases

US regulatory tracker: state regulation of delta-8 THC, January

US regulatory tracker: proposed state laws, January

US regulatory tracker: enacted regulation of CBD, January

Medical cannabis comparative analysis database

CBD product labelling – a US state-by-state analysis

Sign up to our newsletter