Colorado was one of the first states to legalize recreational marijuana, setting a precedent for other states across the country
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Colorado was one of the first states to legalize recreational marijuana, setting a precedent for other states across the country. However, just because marijuana is legal in Colorado doesn’t mean there are no restrictions. There are strict regulations surrounding possession, consumption, distribution, and cultivation. Violating these laws can result in serious criminal charges.
If you find yourself facing marijuana-related charges, consulting with a Denver drug lawyer is crucial to protecting your rights and navigating the legal system. Below, we break down the key aspects of Colorado’s marijuana laws, including legal limits and potential criminal consequences.
Colorado law allows for both recreational and medical marijuana use, but there are specific limits on how much an individual can legally possess.
Recreational Use Limits
For adults aged 21 and older, the legal limits for marijuana possession are:
Up to 2 ounces of marijuana flower
Up to 8 grams of concentrated marijuana (such as wax or shatter)
Up to 800 milligrams of THC in edibles
It is illegal to possess more than these amounts, even for personal use. If you are caught exceeding these limits, you may face criminal charges.
Medical Marijuana Possession Limits
For registered medical marijuana patients, the possession limits are slightly different. Patients can legally possess:
Up to 2 ounces of usable marijuana
Up to 6 marijuana plants, with no more than 3 mature, flowering plants at a time
Medical marijuana users must have a valid registry card and comply with all state regulations.
Even though marijuana is legal in Colorado, there are strict rules about where you can consume it.
Legal Consumption Areas
Private residences (with the owner’s permission)
Licensed marijuana hospitality businesses (such as cannabis lounges)
Illegal Consumption Areas
Public Places – This includes sidewalks, parks, restaurants, bars, and concert venues. Consuming marijuana in public can result in a $100 fine for a first offense.
Federal Property – Marijuana remains illegal under federal law. Possessing or consuming it in national parks, federal buildings, or airports can lead to severe penalties.
Vehicles – It is illegal to use marijuana while driving or to have an open container of marijuana in a vehicle. Doing so can lead to DUI charges.
Driving while under the influence of marijuana is illegal in Colorado. The state has a legal THC limit for drivers, similar to the blood alcohol content (BAC) limit for alcohol.
THC Limit for Drivers
The legal limit for active THC in the bloodstream is 5 nanograms per milliliter (ng/mL).
If you are suspected of driving under the influence of marijuana, law enforcement may conduct a blood test or a field sobriety test. A conviction for DUI of marijuana can lead to:
Fines up to $1,500
License suspension
Community service
Mandatory drug education programs
If you are charged with a marijuana DUI, contacting a Denver drug lawyer is critical to fighting the charges and avoiding harsh penalties.
Despite legalization, there are still serious consequences for breaking Colorado’s marijuana laws.
Possession Over Legal Limits
If you are caught with more than 2 ounces of marijuana, you may face the following penalties:
2-6 ounces: Petty drug offense, up to $100 fine
6-12 ounces: Misdemeanor, up to 1 year in jail and a $700 fine
More than 12 ounces: Felony, up to 2 years in prison and a $100,000 fine
Illegal Distribution
Selling marijuana without a proper state-issued license is a crime in Colorado.
Giving marijuana to a minor (under 21) is a felony, with penalties of up to 32 years in prison if the minor is under 15.
Unlicensed sales of marijuana can result in felony drug distribution charges, leading to years in prison and hefty fines.
Illegal Cultivation
While adults over 21 can grow up to 6 plants per person (with a maximum of 12 per household), growing more than the legal limit can result in serious penalties:
More than 12 plants: Misdemeanor, up to 1 year in jail and a $1,000 fine
More than 30 plants: Felony, up to 2 years in prison
Even though Colorado has legalized marijuana, it remains illegal under federal law. This means:
Federal employees can be fired for marijuana use.
Marijuana-related convictions can result in loss of federal student loans or housing assistance.
Transporting marijuana across state lines is a federal crime, even if both states have legalized it.
If you are arrested for violating Colorado’s marijuana laws, it’s important to:
1. Remain Silent – Do not answer any questions without an attorney present.
2. Do Not Consent to a Search – Law enforcement must have probable cause or a warrant to search your home or vehicle.
3. Contact a Denver Drug Lawyer – A skilled attorney can help fight the charges, negotiate plea deals, and protect your rights.
While Colorado has some of the most progressive marijuana laws in the country, strict regulations still apply. Understanding the legal limits and potential criminal charges is essential to staying compliant. If you find yourself facing marijuana-related charges, working with an experienced Denver drug lawyer can help you build a strong defense and avoid serious penalties.
If you need legal guidance, contact our office today to discuss your case and protect your future.
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