Colorado law permits adults 21 years of age and older to possess up to two ounces (2 oz.) of marijuana for personal use. However, state drug laws prohibit people from possessing or consuming marijuana in public.¹

Therefore, if you purchase marijuana from a dispensary, be sure to take it home as soon as possible and do not open the container(s) before getting home. Driving with an open container of marijuana is a traffic infraction carrying $10 to $115 in fines.²

Can people use marijuana in Colorado hotels and private rentals?

A few Colorado hotels and private rental properties are “420 friendly,” meaning that they permit people to consume marijuana on the premises. However, people should double-check with the specific hotel or “bud and breakfast” about its policies before going there.

How much medical marijuana can a person possess in Colorado?

State law permits patients with a current and valid medical marijuana card from Colorado to have:

• Up to two ounces (2 oz.) of a usable form of marijuana; and
• Up to six (6) marijuana plants, with a maximum of three (3) mature ones

The patient’s primary caregiver may be in possession of this marijuana as well.

Patients and their caregivers may possess more than the legal amount if it is medically necessary. Though they have the burden to show that they need the extra quantities.³

(Marijuana can possibly help patients with such ailments as nausea, pain, glaucoma, and movement disorders. It stimulates appetites for cancer patients and may potentially protect against tumors.)

What are Colorado’s penalties for using marijuana in public?

The public consumption of up to two ounces of weed is a drug petty offense. The punishment for public marijuana drug use is up to $100 in fines and up to 24 hours of community service.

The public consumption of more than two ounces of weed is prosecuted as possession under state marijuana law (discussed below).

Also, driving under the influence of marijuana (“drugged driving”) is punished the same as DUI or DWAI of alcohol. The presence of cannabinoids in your blood can have a great impact on your psychomotor performance.

Note that merely driving with at least 5 nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter of whole blood is per se DUI even if you are not impaired and are driving safely.⁴

What are Colorado’s penalties for possessing more than two ounces of marijuana?

The punishment for marijuana possession (CRS 18-18-406) turns on the amount of pot the person is convicted of having:

Due to a new law (HB 19-1263) that took effect on March 1, 2020, recreational marijuana possession is no longer a drug felony. Plus first-time offenders may be able to do a diversion program where the charge gets dismissed upon successful completion of probation.⁵

Note that these penalties are laxer than for the possession of a controlled substance other than marijuana. Learn more about drug possession crimes in Colorado (CRS 18-18-403.5).

Also note that it is generally not a crime to possess marijuana paraphernalia such as bongs, roach clips, or rolling papers.

How can I fight marijuana possession charges?

Ten of the potential defenses to marijuana drug possession charges under CRS 18-18-406 include:

1. The defendant was unaware the marijuana was there (perhaps someone planted it on the defendant);
2. The marijuana belonged to someone else, and the defendant had no physical control over the marijuana;
3. The defendant possessed a legal amount, and the police made a mistake measuring it;
4. The police mistakenly believed the defendant possessed or consumed the marijuana in public;
5. The defendant was a victim of mistaken identity;
6. The defendant was falsely accused by someone else, possibly out of anger, revenge, or a misunderstanding;
7. The police found the drugs through an illegal search or seizure;
8. The police entrapped the defendant into buying the drugs;
9. Law enforcement coerced a confession; or
10. The defendant had a valid medical marijuana card.

In any criminal case, prosecutors have the burden to prove guilt by a reasonable doubt.

Is marijuana still illegal under federal law?

Yes. Marijuana is a schedule I controlled substance, and federal law prohibits any kind of drug possession under 21 USC 844.

However on October 6, 2022, President Biden pardoned all federal convictions of marijuana possession – indicating that the feds will likely not prosecute any more cases of recreational marijuana possession.⁶

Can people be fired for using marijuana in Colorado?

Yes. Despite the legalization of recreational marijuana use, employers can fire job applicants and employees for testing positive for any drugs or for committing any drug crimes.⁷

Other marijuana laws and penalties

Transferring or dispensing up to 2 oz. of marijuana from one person to another for no consideration is a drug petty offense, carrying

• up to $100 in fines and
• up to 24 hours of community service.

Transferring marijuana or marijuana concentrate at no cost – if the transfer is in any way related to remuneration for any other service or product – is a level 1 drug misdemeanor, carrying:

• 6 to 18 months in county jail and/or
• $500 to $5,000 in fines.

Cultivating more than 12 marijuana plants on residential property is a level 1 drug petty offense for a first-time offense, carrying up to $1,000.

• A subsequent offense involving more than 12 up to 24 plants is a level 1 drug misdemeanor, carrying 6 to 18 months in jail and/or $500 to $5,000.
• A subsequent offense involving more than 24 plants is a level 3 drug felony, carrying 2 to 4 years in prison and/or $2,000 to $500,000.

Processing or manufacturing marijuana or marijuana concentrate on land you own, occupy, or control is a level 3 drug felony, carrying:

• 2 to 4 years in prison and/or
• $2,000 to $500,000.

Cultivating marijuana on land you own, control, or occupy:

Selling, distributing, dispensing, or possessing with the intent to sell, distribute, or dispense marijuana or marijuana concentrate:

Selling, transferring, or dispensing of marijuana from an adult to a minor (and the adult is at least two years older)

Additional reading

For more information, refer to the following:

• Colorado Cannabis – State government website maintained by the Colorado Department of Public Health and Environment providing general information about Colorado marijuana laws.
• Marijuana Enforcement Division – State agency responsible for licensing and regulating the Medical and Retail Marijuana industries in Colorado.
• Marijuana information for residents, visitors, and business owners – City government website providing general information about Denver marijuana laws.
• John Aguilar and Tiney Ricciardi, A timeline of what’s happened since Colorado’s first legal recreational marijuana sales began, The Denver Post (December 31, 2023).
• Katy Marquardt Hill, Colorado’s mellowing marijuana industry, CU Boulder Today (January 2, 2024).

 Legal References