Colorado Marijuana Laws & Local Enforcement: What You Need to Know After an Arrest
While It Is Possible to Consume Marijuana Legally in Colorado, Cannabis Use Can Still Lead to Criminal Charges in Some Cases
Colorado marijuana laws changed significantly when voters approved Amendment 64 in 2012, making recreational marijuana use legal in the state. Medical marijuana patients can also lawfully purchase marijuana in Colorado. But, there are still several circumstances in which the possession, use, cultivation, and sale of marijuana can lead to criminal charges. Owners of licensed retail marijuana stores can face criminal charges in various circumstances as well.
Colorado was one of the first states to legalize marijuana possession. Colorado voters approved the right to possess marijuana and smoke marijuana for recreational purposes in 2012; and, since then, Colorado’s marijuana industry has exploded.
But, while it is possible to purchase marijuana and grow marijuana plants legally in Colorado, there are limits to what the law allows. Colorado’s laws and regulations governing recreational marijuana establish several offenses; and, similarly, while it is legal to sell retail marijuana with a license, licensed retail marijuana outlets can (and do) face scrutiny from local law enforcement. If you are facing prosecution related to your possession, sale, or use of any marijuana products in Colorado, you need to be very careful, and you need an experienced defense lawyer on your side.
What is Legal in Colorado (and What Isn’t)? How Much Weed Can You Have in Your Possession?
Under Colorado’s state regulations governing recreational marijuana, adults age 21 and over can lawfully possess up to one ounce (28 grams) of marijuana for personal use (possession limits for medical use were doubled to two ounces (57 grams) in 2021). This applies to both residents and non-residents. Adults can also grow up to six plants in their private residence. Consumption of marijuana is allowed in private locations, provided that consumption is not prohibited by the property owner. Open or public consumption is not allowed on public streets and sidewalks, in shopping centers, or on other public property.
As a general rule, individuals who use marijuana responsibly and in compliance with state law should not be at risk of facing criminal charges. Likewise, licensed businesses that sell marijuana and drug paraphernalia in compliance with the law should not have to look over their shoulders. But, if you do not purchase marijuana legally, if you are accused of violating marijuana possession or cultivation limits, or if you unlawfully sell retail marijuana concentrate (the retail limit is 1/4 ounce (8 grams)) or make any other retail sales in violation of Colorado’s marijuana laws, facing serious criminal charges could be a very real possibility.
Other potential marijuana-related charges in Colorado include:
- Driving a motor vehicle under the influence of marijuana (impairment can lead to a DUI charge regardless of your THC level)
- Smoking marijuana when a county ordinance prohibits smoking
- Violating the Colorado Ski Safety Act (which can result in loss of skiing and snowboarding privileges in addition to a maximum fine of $1,000)
- Making multiple sales to the same customer
- Selling marijuana with a revoked license or conducting other unlicensed transactions
Whether you are charged with a petty offense or a felony, facing marijuana-related charges in Colorado is a serious matter that requires experienced legal representation. We represent recreational users, medical patients, individuals who grow plants privately, licensed business owners, and other individuals statewide.
Colorado Law vs. Federal Law
While marijuana consumption is legal under Colorado law, any person consuming marijuana in the state is technically at risk of facing federal criminal charges. Recreational marijuana remains a Schedule I controlled substance at the federal level (though efforts are underway to change this). Using or growing marijuana in national parks or on U.S. Forest Service land can lead to federal criminal charges as well.
What if What I Did Is Illegal Under Federal Law But Legal Under Colorado’s Possession and Consumption Laws?
As a result, even if you are not at risk of facing scrutiny from Colorado’s Marijuana Enforcement Division or the Colorado Department of Public Health and Environment, you could still be at risk of facing charges from the U.S. Department of Justice (DOJ). For both users and licensed providers, federal prosecution can lead to substantial fines, prison time, and other serious consequences.
What if I Am Being Targeted by Colorado’s Marijuana Enforcement Division for Marijuana Licensing, Cannabis Taxes, or Other Issues?
If you are a business owner and you are being targeted by Colorado’s Marijuana Enforcement Division, this is a high-stakes matter. Not only could your business license be in jeopardy, but you could be at risk of facing various other penalties as well. From failure to collect Colorado’s 15% sales tax on retail marijuana (or 2.9% tax on medical marijuana) to selling without a valid license, various issues can lead to serious allegations. To ensure that you are making informed decisions, you should consult with an attorney who has significant experience representing businesses charged with drug offenses in Colorado.
Experienced Defense Counsel for Individuals Facing Marijuana-Related Charges in the State of Colorado
From Boulder to Colorado Springs, defense attorney J.B. Katz represents clients facing marijuana-related charges statewide. Despite Colorado’s legalization, marijuana continues to be a top law enforcement priority in many areas. If you need legal representation, call 70-485-2261 or contact us online now for a free and confidential consultation.