Although Colorado imposes strict criminal penalties for drug possession, certain drugs in Colorado are legal for recreational use. Before you engage in any recreational drug use, you need to review relevant Colorado statutes to make sure you do not accidentally violate the law.
An attorney at The Ferrell Law Firm, PLLC, can explain what drugs are legal in Colorado and where you can consume them without fear of criminal charges. Contact our office to talk to a seasoned Boulder drug charge defense lawyer about Colorado drug laws.
Recreational Marijuana Laws in Colorado
Colorado allows individuals over 21 to use marijuana for recreational purposes. However, the state places certain restrictions on marijuana use and possession.
State law allows adults 21 or older to possess up to two ounces of marijuana at a time. Additionally, Colorado prohibits recreational marijuana use in public places and on federal land. Private property is the best place to enjoy recreational marijuana in Colorado without violating the law.
Recreational marijuana laws also prohibit you from legally purchasing marijuana products and giving them to anyone under 21. State law requires consumers to buy their recreational marijuana products from licensed retailers. If you are over 21, you can possess up to two ounces of marijuana at a time, but you can only purchase one ounce of marijuana products in a single transaction. A single transaction includes multiple sales to the same customer during a single business day.
Colorado also imposes restrictions on licensed marijuana retailers, such as:
- Mandatory presentation of a valid ID for every customer;
- Hours of operation between 8 AM and midnight;
- Packaging that is resealable, child-resistant, and not see-through; and
- A conspicuous label noting the presence of THC.
Even though Colorado legalized recreational marijuana use, state law prohibits people from operating a vehicle after they consume marijuana. Delta 9 THC is the substance in marijuana that causes impairment. The legal limit of active Delta 9 THC that creates a permissible inference that you are under the influence of marijuana is five nanograms or more per milliliter of blood.
It is illegal to transport marijuana across state lines or onto Denver International Airport property.
Medical Marijuana Laws in Colorado
The Colorado Department of Public Health maintains the Colorado Medical Marijuana Registry, which allows patients with qualifying medical conditions to receive a registry identification card. The ID card gives the holder legal access to medical marijuana.
Medical marijuana cards issued for a debilitating medical condition are valid for one year. Debilitating conditions include:
- Glaucoma,
- Cancer,
- HIV or AIDS,
- Cachexia,
- Persistent muscle spasms,
- Seizures,
- Severe nausea, or
- Severe pain.
Medical marijuana cards issued for disabling conditions last as long as the prescribing doctor decides it should last. Disabling conditions include:
- Post-traumatic stress disorder (PTSD);
- An autism spectrum disorder; or
- Any condition for which a physician would prescribe an opioid.
Unlike recreational marijuana, medical marijuana is available to adults age 18 or older. Medical marijuana card holders can possess and purchase up to two ounces of usable marijuana at a time. They can also purchase medical marijuana from licensed medical marijuana stores. Individuals without a medical marijuana ID card cannot enter medical marijuana stores.
Fraudulent use of a medical marijuana ID card is punishable by between six and 18 months in jail and a fine of up to $5,000.
Growing Your Own Marijuana in Colorado
Colorado law allows adult residents 21 or older to grow up to six marijuana plants per individual, with no more than three in the flowering stage at one time. A single residence cannot keep more than 12 plants at a time. The plants must remain in an enclosed, locked area where children cannot access them.
Psilocybin Laws in Colorado
In 2019, Denver voters approved the Denver Psilocybin Mushroom Initiative, deprioritizing criminal enforcement of personal use and possession of psilocybin mushrooms by adults 21 years and older. In 2022, Colorado voters approved Proposition 122: Access to Natural Psychedelic Substances, decriminalizing the cultivation, possession, and consumption of psychedelic mushrooms and their derivatives.
However, decriminalization is not the same as recreational legalization. It is still illegal to “openly and publicly” display or consume psilocybin mushrooms. It is also illegal for anyone to sell mushrooms; the substance must be given away or shared.
What Drugs Are Legal in Colorado with a Prescription?
In Colorado, some controlled substances are permitted if the individual has a valid prescription. Many prescription drugs fall into the Schedule IV controlled substances group, including:
- Valium,
- Ambien,
- Lorazepam, or
- Alprazolam.
Without a valid medical prescription, possessing any controlled substance is a criminal offense.
Contact a Colorado Criminal Attorney for Answers About Legal Drugs in Colorado
The evolving landscape of drug legalization makes knowing what is and is not allowed a complex process, especially for individuals without any legal experience. The last thing you want to do is face criminal charges for using a substance that you believed was legal.
Our attorneys stay informed of the most up-to-date information about marijuana and psilocybin laws in Colorado so we can answer your questions quickly and accurately.
Our founding attorney, Michael Ferrell, has a 5-star rating on Avvo and received the Clients’ Choice Award for 2023. We can use our experience and resources to give you the answers you seek. Contact The Ferrell Law Firm, PLLC, today to talk to an attorney.
Frequently Asked Questions
Can I Consume Legal Drugs on Federal Land?
No, you cannot consume or possess drugs legalized in Colorado on federal property. Federal property includes the following locations:
- Federal courthouses,
- Post offices,
- National parks,
- National monuments,
- Federal agency buildings,
- Federal housing, or
- Veterans Administration buildings.
Federal law still considers marijuana and psilocybin controlled substances, so they are prohibited on federal property.
Where Can I Consume Recreational Marijuana in Colorado?
You can consume recreational marijuana on private property—as long as the property owner allows such use. Hotels and property owners can ban the possession and use of marijuana on their property.
Are the Penalties the Same for Marijuana DUI and Alcohol DUI?
Yes, the penalties for a DUI involving marijuana are the same as the penalties for a DUI involving alcohol.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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