A panel of legislators on Wednesday advanced legislation designed to address a loophole in the state’s marijuana laws.

The proposal requires the state to begin regulating what’s known as “intoxicating” hemp. 

The difference between hemp and marijuana, which come from the same plant, is in the Delta-THC level. In order to be classified as hemp under federal law, the plant cannot have more than 0.3% delta-9 THC, marijuana’s psychoactive.

The underlying presumption is that some in the hemp industry have found a work-around in Delta-8 THC, which is made by concentrating hemp-derived cannabidiol (CBD) from the hemp plant. It’s not quite as intoxicating as delta-9 THC, with estimates pegging it at anywhere between 50% to 75% of the potency.

Under Senate Bill 271, any hemp product with more than 2.5 mg of Delta-8 THC per serving would be regulated, meaning it will require a legal ID to purchase and would be sold at a dispensary rather than online or at a convenience store.

The Senate Finance Committee passed the proposal, 6-1. The bill’s next stop is the Senate Appropriations Committee.  

Sen. Cleave Simpson, R-Alamosa, was the sole panel member who voted against the measure. 

Legislation in 2022 allowed the Colorado Department of Public Health & Environment to begin the process of regulating hemp with Delta-8 THC, as well as to set up a task force to look at intoxicating hemp products and make legislative and rule recommendations. Those formed the basis for SB 271.

The federal 2018 Farm Bill amended the Controlled Substances Act to exclude hemp from the statutory definition of marijuana, meaning hemp would be unregulated. 

And that’s led to a proliferation of unregulated but intoxicating products with Delta-8 THC which can be legally sold almost anywhere, and to anyone.