Colorado Attorney General Delays Enforcement of Colorado AI Act
Key point: In a court filing, the Colorado attorney general states it will only enforce the law after the office finishes rulemaking on the existing law or any law the Colorado legislature passes this year amending or replacing the law.
In early April, a lawsuit was filed against the state of Colorado, seeking to block implementation of the Colorado AI Act. Last week, the U.S. Department of Justice intervened in the lawsuit, arguing in favor of the law being enjoined.
On April 24, 2026, the plaintiffs and the Colorado attorney general’s office filed a joint motion asking the Colorado federal district court hearing the case to vacate upcoming deadlines. The office also stated it will not seek to enforce the law until it finishes any interpretive rulemaking, which the office has not yet started. The parties subsequently filed a revised joint motion, adding the United States as a joining party.
The office has delayed engaging in rulemaking because the fate of the Colorado AI Act remains uncertain even as its June 30, 2026, effective date draws close. In March, Colorado Governor Jared Polis announced that a workgroup he convened had agreed on a policy framework to replace the Colorado AI Act. Yet, despite announcing the framework last month, a bill has not yet been introduced in the Colorado legislature as stakeholders are still in the process of turning the framework into a bill and finalizing negotiations. The Colorado legislature will close for the year on May 13, which is less than three weeks away. However, in Colorado, a bill can be passed in as few as three days. In light of this uncertainty, the revised joint motion filed on Friday states: “Given the possibility that legislation replacing or amending SB24-205 [the Colorado AI Act] will be enacted during the 2026 Regular Session of the Colorado General Assembly, the Colorado Attorney General does not intend to promulgate rules implementing SB24-205 or any legislation replacing or amending SB24-205 until the legislative session concludes. Further, the Colorado Attorney General does not intend to enforce SB24-205 or any legislation replacing or amending SB24-205 until after the rulemaking process has concluded.”