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Colorado’s Journey to Marijuana Legalization
In 2000, Colorado voters approved Amendment 20, which legalized medical marijuana [1].
In November 2012, voters passed Amendment 64, legalizing recreational marijuana possession for adults and mandating the creation of a regulatory framework for retail marijuana.
Retail marijuana sales became legal on January 1, 2014, except in areas where local governments prohibit them.
In the 2014 legislative session, the Colorado General Assembly addressed issues related to both medical and retail marijuana, including:
- appropriating tax revenues
- regulating products
- managing impacts
- setting standards for criminal offenses
Colorado law allows individuals who are 21 years old or older to purchase one ounce or less of marijuana. The law does not distinguish between an ounce of marijuana in dry plant or flower form from marijuana included in an edible marijuana or a concentrated form
Age Restrictions
You must be 21 or older to buy, possess, or use retail marijuana in Colorado. Providing or selling marijuana to anyone under 21 is a felony.
When purchasing, a valid ID proving that you are 21 or older is required.
Purchase Limits
Licensed retail stores are the only establishments allowed to sell marijuana. Adults over 21 can purchase and possess up to 1 ounce of marijuana at a time.
Selling Restrictions
Only licensed retailers are allowed to sell marijuana products. While adults over 21 can give up to 2 ounces of marijuana to another adult, they are prohibited from selling it.
Using and Possessing Marijuana
Adults 21 and older are allowed to have up to 2 ounces of marijuana.
Public use of marijuana is illegal, including smoking, eating, or vaping in places such as:
- sidewalks
- parks
- ski resorts
- concert venues
- businesses
- restaurants
- common areas of apartment buildings
Additionally, marijuana use is prohibited on federal land, including national parks and forests.
Where You Can Use
Marijuana use is generally permitted on private property, but property owners can choose to prohibit it.
Hotel policies regarding marijuana use vary, so it is important to check with the property before using marijuana in your room.
Point-of-Sale Regulations
A valid ID proving that the buyer is 21 or older is required for all transactions. No one under 21 is allowed in the restricted area of a retail marijuana store.
Retail stores can operate between 8 a.m. and midnight, though local laws may impose stricter operating hours.
Packaging and Labeling
Marijuana products must be sold in resealable, child-resistant, and opaque packaging to prevent accidental consumption. All packages must clearly display the THC symbol to indicate marijuana content.
Workplace Drug Testing
Employers are allowed to test employees for marijuana use and make employment decisions based on the results, despite its legalization.
Pregnancy
Marijuana use during pregnancy is unsafe and can lead to legal consequences. Hospitals may test newborns for THC, and if the test result is positive, child protective services may be notified.
Marijuana Taxes
A 15% retail sales tax and a 15% excise tax on the wholesale price are applied to retail marijuana. However, medical marijuana is exempt from these taxes.
The Unlawful Possession, Sale, and Cultivation of Marijuana in Colorado
According to SCLG, while marijuana is legal in Colorado, there are strict regulations regarding the possession, sale, and cultivation of quantities exceeding the legal limits for personal use [2].
1. Unlawful Possession
Even though marijuana consumption is legal, possessing more than the allowed amount is not. Penalties vary depending on the quantity:
- More than 2 ounces up to 6 ounces (or up to 3 ounces of concentrate): This constitutes a level 2 drug misdemeanor, punishable by 3-12 months in jail and/or a fine ranging from $250 to $1,000.
- More than 6 ounces (or more than 3 ounces of concentrate): This is a level 1 drug misdemeanor, with penalties including 6-18 months in jail and a fine of $500 to $5,000.
Note: On October 6, 2022, President Biden pardoned all federal marijuana possession convictions. This does not impact Colorado state law or seal state criminal records involving marijuana.
2. Unlawful Sale, Transfer, or Dispensing
Colorado imposes various penalties for the unlawful sale, transfer, or dispensing of marijuana, especially to minors:
- More than 2.5 pounds of marijuana or more than 1 pound of concentrate to a minor: Severe penalties apply if the seller is an adult at least 2 years older than the minor.
- More than 6 ounces but not more than 2.5 pounds, or more than one-half ounce but not more than 1 pound of concentrate to a minor: Penalties increase significantly under these circumstances.
- More than 1 ounce but not more than 6 ounces, or more than one-half ounce but not more than 3 ounces of concentrate to a minor: Adults in violation face substantial consequences.
- Not more than 1 ounce or not more than one-half ounce of concentrate to a minor: Selling any amount to minors is heavily penalized, especially if the seller is significantly older.
Selling marijuana to minors is a major offense in Colorado, carrying stringent penalties to deter such activities and protect minors.
If you feel affected by any of these matters, contact our criminal defense attorney today.
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References:
1. https://leg.colorado.gov/sites/default/files/14_marijuanalegis.pdf
2. https://www.shouselaw.com/co/defense/laws/marijuana/