Adults 21 or older can have up to one ounce of marijuana in Colorado. Magic mushrooms are also legal for adults 21 and older to possess.
Otherwise, Schedule 1 to 5 drugs remain illegal in Colorado. The only exception is having a valid doctor’s prescription.
1. Is marijuana legal in Colorado?
Adults aged 21 and older can possess up to one ounce. It must be for recreational use. And it must be done in private.
The penalties for illegal possession depends on the amount. First-time possession of up to 2 ounces is a non-criminal petty offense. This carries up to $100.
Meanwhile, possessing more than 12 ounces is a level 4 drug felony. Penalties include:
- 6 months to 1 year in prison; and
- A fine of up to $100,000
1.1. DUI of marijuana
It is a crime to drive while either:
- Under the influence of marijuana; or
- With at least 5 nanograms of THC per milliliter in the blood. It does not matter if the driver is unimpaired.
Defendants face fines, jail, and community service. The DMV may also suspend the driver’s license. Learn more about DUI of marijuana.
1.2. Medical marijuana
Patients with current and valid medical marijuana cards may possess:
- Up to 2 ounces of a usable form of marijuana; and
- Up to 6 marijuana plants. Only three may be mature, flowering plants.
People of any age may be eligible for a medical marijuana card if they suffer from:
- Cancer;
- Glaucoma;
- HIV or AIDS;
- A chronic or debilitating disease or medical condition. It must cause severe pain, severe nausea, seizures, persistent muscle spasms, or cachexia; or
- Any other medical condition approved by the state health agency
The fraudulent use of a medical marijuana ID card can carry:
- 6 to 18 months in jail; and/or
- A fine of $500 to $5,000
1.3. Federal lands
Marijuana possession or use is still illegal on federal lands. This includes:
- Federal housing,
- Courthouses
- Post offices,
- National parks, forests or monuments,
- Airports,
- Veterans Administration buildings, and
- Private facilities on federal land
A first-time offense for possession of marijuana on federal land may carry:
- Up to 1 year in jail; and
- A fine of up to $1,000
Subsequent offenses carry harsher penalties, including mandatory incarceration.
2. Are magic mushrooms legal in Colorado?
As of 2023, adults 21 and older may possess, use, and share magic mushrooms (psilocybin).
3. Are any other narcotics legal in Colorado?
Schedule I, II, III, IV and V drugs remain illegal in Colorado. But patients may access some with a doctor’s prescription.
Examples of illegal drugs include:
The penalty for recreational possession depends on the drug. Learn more about Colorado controlled substances laws.
