The Complete Guide to Colorado Cannabis Law

On November 7, 2000, the State of Colorado began its historic journey to decriminalizing the use of marijuana by passing Amendment 20. The historic amendment altered the provisions of the State Constitution to allow the use of marijuana for medical purposes. 

That amendment (which still applies today), approved marijuana use for patients that have written medical consent. It even included some good ol’ “medical necessity” to justify possessing quantities above the legal limit. 

But that was just a taste of things to come, as almost exactly 12 years later, in November 2012, the State enacted Amendment 64. With that act, Colorado became the first state in the US to approve marijuana for recreational use and thereby laid the foundation for its shiny, new-fangled industry: “marijuana tourism”. 

Today, even though 11 US states have legalized marijuana for recreational purposes, Colorado still offers a breath of fresh air (and roughly 50 puffs of good weed) as you cruise through town in smoke-friendly tour buses. 

Yes, marijuana is legal in Colorado, but as is always the case with these things, there are rules of engagement you must follow. That’s what we’ll breaking down in this guide to marijuana laws in Colorado. 

Who can buy? 

Pretty much anybody in Colorado. Well, that is pretty much anybody that’s at least 21 years old or carrying a valid marijuana card. 

This means that, if you’re trying to buy recreational marijuana in Colorado, you don’t need to be a resident in the state. All you need is to be above the age limit, and be able to provide some documentation to back that up.

Anyone intending to purchase marijuana in Colorado for recreational use must present some government issued ID to prove they’re 21 or older. Not in possession of your ID? Your drivers’ license or passport is enough, and it doesn’t even have to be issued by Colorado or the US. 

The rules regulating medical marijuana are a bit stricter though. To purchase or possess cannabis for medical purposes, you must acquire a medical marijuana card. The bummer here is you must also be a resident to have one of these. So, no medical marijuana for tourists. 

This means that, if you’re trying to buy recreational marijuana in Colorado, you don’t need to be a resident in the state. All you need is to be above the age limit and be able to provide some documentation to back that up.

Where can you buy? 

You can buy weed in Colorado from any marijuana store that is registered as a dispensary in the state. But, there are some limitations to how you can buy. 

First, there are limited hours of sale. Marijuana dispensaries can only open between 8am and must close latest by midnight. Cities are allowed to have their own rules within this timeframe though. In Denver, stores must close by 10pm. But if it’s 10pm in Denver and you really need a puff, you can head down to nearby Edgewater or Glendale, where stores are open till midnight. 

Second, there are strict rules regarding packaging. Both retail and medical marijuana businesses must sell marijuana products in resealable, child-resistant and opaque packaging. Also, all packaging must bear a special symbol that warns the product contains marijuana. 

How much can you buy or possess? 

The great thing about Colorado laws is the specific language of the amendment says you can legally possess 1 ounce (28 grams) of THC. This means you’re not restricted to only actual weed. You can also enjoy several types of concentrates, edibles, hash oil etc.

Previously, tourists in Colorado could only purchase 7 grams or less, while only Colorado residents could get their full 28 grams. However, this law changed in June 2016. Now everyone can purchase the full 28 grams in a “single transaction”!

Why’s that highlighted? Because it’s important. Since the question of what amounts to a single transaction is a bit confused, most stores err on the side of caution and they’ll only serve you once a day. 

Another restriction applies to exactly how much cannabis you’re allowed to have in concentrates and edibles. Due to studies that found these products can have a much higher concentration of cannabis than the actual dried flower, the possession rules were changed from October 2016. Under these rules, 28 grams of cannabis flower equals:

• 8 grams of concentrate
• 800 mg of edibles

So, while you may mix and match, you cannot purchase any more than these quantities. But you can still possess any quantity of THC you want, up to 28 grams. 

Can you cultivate?

Definitely. Although there are restrictions to this as well.

1. First, you can only cultivate marijuana in Colorado if you’re a resident in the state.
2. Second, you must be above 21 years old if you want to cultivate. Third, you can only cultivate a maximum of 6 plants at once, including only a maximum of 3 that have reached flowering stage.
3. Lastly, all the plants can only be cultivated in an enclosed, locked space.

So, you can start on your dreams of a ganja garden now. Check out our product reviews for these best grow tools.

Where can you smoke? 

Now for the big question. Where can you get your smoke on? The first thing you should know is: consumption of marijuana “openly and publicly” is still an offence. This applies to ski resorts, concert venues, restaurants, bars, sidewalks, parks and amusement parks. Basically, anywhere you’ll be in the face of people who might not share your affection for the smokier things of life. 

While public consumption may not land you behind bars (immediately) it’s similar to “open container laws” for alcohol and will land you a citation. Remember, that use on federal land (including national parks, forests and ski slopes) is also illegal, as marijuana remains a Schedule 1 substance under federal law. 

You can smoke privately (in your home) but that does not extend to publicly shared areas in your apartment complex. This is subject to whatever rules your landlord imposes though. Similarly, hotel owners can ban use and possession on their property.

Thankfully, there are several locally licensed consumption venues in states like Colorado Springs and Denver. There are also several private cannabis clubs that allow smoking on the premises, or even indoors. 

In addition, the state has enacted two laws that will allow commercial delivery of marijuana (only medical until 2021) and marijuana consumption businesses. The businesses may be licensed as a “tasting room” or as “marijuana hospitality establishments” where you can bring your own weed to smoke. 

If you’re carrying cannabis in public, ensure it is in the same packaging that stores are only allowed to sell it in. The packaging must be resealable, child-proof, carry the appropriate labeling and must not be see-through. So, no plastic bags. 

Can you smoke and drive? 

Err… No. Colorado has a DUI law that sets a limit for how much THC you can have in your blood. If you have more than 5 nanograms per ml of blood, you may be arrested for driving under the influence. 

While the law is controversial, as everyone knows marijuana affects people differently, it is still the law. The best you can do is be smart and absolutely do not drive if you’ve had a few. Best to sleep off the high before you head out. 

Colorado’s “open container” laws also make it illegal to possess marijuana in the passenger area of a vehicle, if it’s in an “open container”. To avoid trouble, only keep your weed in the store-bought packaging if you’re driving or transporting it anywhere. 

Carry out of state? 

Absolutely No. Remember possession of cannabis is still a federal offence? The feds are always watching and if you get caught, you may find yourself cooling off in some federal penitentiary. Just don’t do it. Don’t try mailing it home either. You’ll get caught. 

Also, some neighboring states around Colorado that have not legalized marijuana do not like the idea of people crossing into their state with fun weed. So you may get searched out of the blue and find yourself in hot water. 

Can your employer fire you if you have weed? 

Basically, yes. Using weed on the job will get you fired. In addition, if you used weed at home and a random drug test at work shows you’ve still got some in your system, you may also be fired. 

Consumption of marijuana does not amount to lawful activity under Colorado laws and this means you’re on your own if your employer takes exception. 

Finally… 

As you enjoy the relatively relaxed legal environment for marijuana use in Colorado, always keep in mind that discretion doesn’t hurt. So long as you abide by all the rules and enjoy your high on a low, you’ll have no problems. 

Check out our other Marijuana Legislation articles here.