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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, and 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
Buying and Selling Marijuana in Colorado
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.
- A valid ID proving you are 21 or older is required for purchase.
Purchase Limits:
- Only licensed retail stores can sell marijuana.
- Adults over 21 can buy and possess up to 1 ounce of marijuana at a time.
Selling Restrictions:
- Only licensed retailers are allowed to sell marijuana products.
- Adults over 21 can give up to 2 ounces to another adult, but cannot sell it.
Using and Possessing Marijuana:
- Adults 21 and older can have up to 2 ounces of marijuana.
- Public use of marijuana is illegal, including smoking, eating, or vaping in places like sidewalks, parks, ski resorts, concert venues, businesses, restaurants, and common areas of apartment buildings.
- Marijuana use on federal land, such as national parks and forests, is illegal.
Where You Can Use:
- Private property is generally permitted, but property owners can prohibit use.
- Hotel policies vary, so check before using marijuana in your room.
Point-of-Sale Regulations:
- A valid ID proving age 21 or older is required.
- No one under 21 is allowed in the restricted area of a retail store.
- Retail marijuana stores can operate only between 8 a.m. and midnight, though local laws may impose stricter hours.
Packaging and Labeling:
- Marijuana products must be sold in resealable, child-resistant, and opaque packaging to prevent accidental consumption.
- Packages must display the THC symbol to indicate marijuana content.
Workplace Drug Testing:
- Employers can test for marijuana and make employment decisions based on the results, despite legalization.
Pregnancy:
- Marijuana use during pregnancy is unsafe and can have legal consequences.
- Hospitals may test newborns for THC and notify child protective services if the result is positive.
Marijuana Taxes:
- A 15% retail sales tax and a 15% excise tax on the wholesale price apply to retail marijuana.
- 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.
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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/
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