Concerning the regulation of lawful THC beverages.
SB 26-164 creates a new regulatory framework in Colorado for “lawful THC beverages,” defined as nonalcoholic beverages infused with hemp-derived THC and containing no more than 10 milligrams of THC per serving. The bill allows registered hemp product manufacturers to make these beverages if they use approved hemp sources, follow Department of Public Health and Environment (CDPHE) rules, and sell only to licensed wholesalers. It also bars direct sales from manufacturers to consumers or retail licensees, and it prohibits beverages made with synthetic or semi-synthetic cannabinoids.
The bill establishes a new article in Title 44 governing permits, sales, transportation, inventory, recalls, enforcement, and local regulation. Licensed alcohol and marijuana-related businesses could obtain a lawful THC beverage permit from the state licensing authority to sell or distribute these beverages, subject to age restrictions, intoxication restrictions, packaging and labeling rules, and limits on mixing THC beverages with alcohol. Retail liquor stores could sell beverages up to 10 mg THC per serving, while convenience and grocery stores would be limited to products with 3 mg THC or less per serving in single-serving containers.
The bill also amends existing hemp and marijuana statutes to carve lawful THC beverages out of certain prohibitions and to treat them as a distinct regulated product category. It updates the definition of hemp product to include lawful THC beverages, authorizes related wholesale and transport activity, and directs CDPHE and the state licensing authority to adopt detailed rules by January 1, 2028. The bill includes provisions for testing standards, consumer notices, product traceability, seizure of noncompliant products, and penalties comparable to alcohol beverage violations.
Its broader legal impact is to shift lawful THC beverages from a gray area into a state-regulated market with defined manufacturing, distribution, and retail channels. The bill also expressly declares regulation of these beverages to be a matter of statewide concern, limiting local governments from imposing extra product or labeling requirements, while still allowing them to prohibit sales within their jurisdictions through local ordinance or ballot measure.
The available legislative history shows no recorded committee testimony or vote detail, but the bill’s last action was a Senate Finance Committee postponement indefinitely on April 28, 2026. That suggests the measure did not advance out of committee. The bill’s structure indicates some support for creating a regulated market, but the postponement implies unresolved concerns about implementation, public health, enforcement, or the policy choice to expand THC beverage sales.
The bill would amend Colorado’s hemp and alcohol/marijuana regulatory statutes and add a new Title 44 article specifically governing lawful THC beverages. It expands the definition of hemp product to include lawful THC beverages, creates a permit system for retailers and transporters, authorizes sales through licensed wholesalers and certain licensed premises, and establishes new labeling, testing, packaging, transportation, recall, and enforcement requirements. It also preempts some local regulation while preserving local authority to ban sales entirely.
The bill appears to have been framed as a comprehensive regulatory measure rather than a prohibition or expansion without guardrails, with extensive age limits, testing rules, and product restrictions suggesting an effort to balance consumer access with public safety. However, the fact that it was postponed indefinitely in Senate Finance indicates the measure did not secure enough support to move forward. With no transcript or vote record available, the overall sentiment can only be inferred as mixed or unresolved, likely reflecting both interest in regulation and concern about the policy’s implications.
The main points of contention likely center on whether hemp-derived THC beverages should be treated more like alcohol, marijuana, or a separate category altogether, and whether the state should authorize retail sales at all. Potential concerns include youth access, intoxication and public safety, product testing and labeling, the use of THC in grocery and convenience stores, and the role of local governments in restricting sales. Another likely issue is the bill’s distinction between lawful hemp-derived THC and synthetic or semi-synthetic cannabinoids, which may have been important to supporters seeking a narrower market and to opponents worried about enforcement or consumer confusion.