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Regulation of Lawful THC Beverages

Concerning the regulation of lawful THC beverages.

SB26-164 2026 Regular Session Postponed Indefinitely Business & Economic Development Liquor, Tobacco, & Marijuana

Cost estimates

At the first note read
$480,418
FACT April 22, 2026
At the last note read
$480,418
FACT June 4, 2026
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The bill requires money it does not carry — the note says an appropriation is required and does not say the bill includes one.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: For FY 2026-27, the bill would have required appropriations totaling $460,825 to multiple agencies.

Bill summary

     The bill regulates the manufacture, distribution, sale, and consumption of lawful tetrahydrocannabinol (THC) beverages. A 'lawful THC beverage' is defined as a nonalcoholic beverage product that is infused with THC derived from a legal source of hemp that contains no more than 10 milligrams of total THC per serving.

     The bill permits a person that is registered (registrant) with the department of public health and environment (CDPHE) as a hemp products manufacturer to manufacture lawful THC beverages if the registrant uses an approved source of hemp, complies with rules adopted by the CDPHE related to product labeling, production, and transportation, and sells the lawful THC beverages under certain circumstances.

     A registrant that manufactures a lawful THC beverage shall only sell the lawful THC beverage to a wholesaler that is licensed by the state licensing authority in the department of revenue (DOR). The bill prohibits manufacturers from selling lawful THC beverages directly to a retail licensee or directly to a consumer.

     The bill directs the CDPHE to adopt rules related to the labeling, packaging, and consumer notice requirements for lawful THC beverages on or before January 1, 2028. A manufacturer of a lawful THC beverage shall also adhere to the testing standards and requirements adopted by the CDPHE for hemp products.

     A person licensed by the state licensing authority in the DOR (licensee) may sell a lawful THC beverage to a consumer if the licensee obtains a lawful THC beverage permit. A licensee must apply to the state licensing authority for the lawful THC beverage permit, and, if the lawful THC beverage permit is granted, the licensee may sell a lawful THC beverage under the rules of their existing license and additional rules adopted by the DOR specific to the sale of a lawful THC beverage. A licensee shall not:

  • Sell a lawful THC beverage to an individual under 21 years old;
  • Sell a lawful THC beverage to an individual who is visibly intoxicated;
  • Allow a lawful THC beverage to be removed from the premises if the beverage is sold for on-site consumption;
  • Permit the use of marijuana or marijuana products on the premises; or
  • Mix a lawful THC beverage and an alcohol beverage in the same container.

     The bill prohibits the manufacture or sale of lawful THC beverages that are made from synthetic or semi-synthetic cannabinoids.

     The bill directs the DOR, in consultation with the CDPHE, to adopt rules related to the sale, transportation, inventory, recall, and seizure of lawful THC beverages.

     The bill permits a local government to prohibit the sale of lawful THC beverages within the local government's jurisdiction.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)