By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed August 26, 2024
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Colorado has always been at the forefront of allowing marijuana. It was one of the first states to legalize recreational marijuana use after Colorado voters approved Amendment 64 in 2012. By January 2014, the first retail shops, known as dispensaries, were open for business.
Before legalizing recreational marijuana, Colorado voters approved medical marijuana use through a state constitutional amendment in 2000.
While Colorado marijuana laws have continued to become more permissive, Colorado residents and visitors to the state must be mindful of what's legal and what isn't. The state provides detailed public information on marijuana (cannabis) laws online. In this article, we'll discuss the laws all cannabis users should know, bring you up to date on changes in legislation you might not know of, and make sure you understand the penalties you'll face for illegal possession, sales, and trafficking.
Recreational and medical marijuana have been a part of the state of Colorado's culture for some time now. Let's learn everything you need to know to have a legal and enjoyable experience should you choose to consume marijuana in Colorado.
Before diving into Colorado state laws, remember that federal law considers marijuana illegal under the Controlled Substances Act. Federal government law supersedes state laws, so it's prohibited to use marijuana products on federal lands, such as any of the federal parks in Colorado. The President Joe Biden administration has been trying to get cannabis rescheduled, but as of August 2024, nothing official has changed.
State laws vary widely on marijuana use and possession. Some states have only taken steps to decriminalize possession of small amounts of marijuana without approving it for medical or personal use. Crossing state lines with marijuana may put you at risk from state and federal authorities.
It's still against the law to use marijuana products, even edibles, in public places. The public consumption ban includes:
Colorado's constitutional amendment approved by voters allowed those 21 and older to possess or use up to 1 ounce of marijuana. A state law passed in 2021 raised that possession and use amount to 2 ounces of marijuana.
You must possess or use marijuana on private property. Yet, property owners can forbid such use. As for hotel rooms, it's up to the hotel owners. Confirming the rules of any place you plan to book for lodging is a good idea.
Much like an alcohol DUI, you face serious charges from law enforcement for driving under the influence of marijuana products. You also cannot carry marijuana in an open container in a motor vehicle. In the simplest terms, don't drive while high.
There are also different rules for medical marijuana and recreational marijuana. You can only buy one ounce of marijuana from a retail business each business day for recreational use. Medical patients can buy up to two ounces. The legal age for medical marijuana patients is 18 years of age, while you must be 21 to buy or have marijuana products for recreational use. While the marijuana products themselves are often close in price between the two, recreational marijuana tends to be more expensive. This is due to a 15% excise tax between cultivators and dispensaries and the 15% retail sales tax on marijuana sales. Retail sales of medical marijuana are not taxed.
Those suffering from a medical condition already with medical marijuana approval can make use of the Colorado Department of Public Health and Environment Medical Marijuana Registry site.
The Department of Revenue Marijuana Enforcement Division regulates all licensing of marijuana businesses. The Department of Public Health and Environment regulates non-intoxicating hemp products. Industrial hemp became legal when Congress passed the 2018 farm bill. Hemp products include cannabidiol (CBD oil).
Recently, states have attempted to address concerns that unregulated hemp products may also contain levels of THC (tetrahydrocannabinol) that align more with marijuana.
Colorado law now divides hemp- and marijuana-derived cannabinoids into three classifications:
The classifications are based on the amount of THC per serving or the ratio of THC to CBD. Look for more rules governing these categories in the future.
As of August 2023, Colorado law allows marijuana stores to accept online payments. Customers must show proof of age ID when picking up their order.
Marijuana possession by qualified adults and authorized caregivers for registered minors is legal in Colorado. All retail sales must come from licensed establishments. The following table outlines Colorado's marijuana laws and gives an extensive look at the potential penalties for those who step outside the legal boundaries.
If you have more questions about marijuana laws, see FindLaw's Cannabis Laws section.
| Relevant Colorado statutes | Colorado State Constitution
Colorado Revised Statutes Title 18 — Criminal Code
Title 44 — Activities regulated by the Department of Revenue
|
|---|---|
| Possession (personal use) |
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| Sale |
Sales to Minors (where adult seller is more than two years older than minor):
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| Illegal cultivation |
|
Note: State laws are subject to change through the passage of new legislation rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct your own legal research to verify any state law(s) you are reviewing.
Coloradans know more than most that state marijuana laws change often. In certain instances, local laws in Colorado may differ from state law. Having someone current on Colorado marijuana laws can ensure a strong defense if you face criminal charges. Consider reaching out for legal advice to an expert drug crime attorney familiar with Colorado marijuana laws.
Contact a qualified attorney.
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