Is Possession of Marijuana Still A Crime in Colorado?

Is Possession of Marijuana Still A Crime in Colorado?

Colorado made headlines when it became one of the first states to legalize recreational marijuana in 2012. Because many people know that marijuana is legal in the state of Colorado, there is a common misconception that you cannot be charged with a crime for having marijuana in your possession. But, that’s not the case. There are certain circumstances in which the possession of marijuana is still a crime in Colorado.


Just like alcohol, there is an age restriction on the use of marijuana. In Colorado, you must be 21 years or older to possess or consume marijuana. Therefore, it is a crime to have marijuana in your possession if you are under the age of 21.


The law also places limits on the amount of marijuana that you are allowed to have in your possession. If you are over the age of 21, you can legally possess up to one ounce of marijuana. The possession of 1-2 oz. of marijuana is a petty offense, while the possession of 2-12 oz. is a misdemeanor crime that carries possible jail time. If you are found in possession of over 12 oz. of marijuana, you will face felony charges and jail time.

The law applies to other forms of marijuana such as hash and concentrates, too. If you have more than one ounce of hash or marijuana concentrates, you are committing a crime that could result in jail time and monetary fines.


Even though marijuana is legal in Colorado, it is still prohibited by federal law, so having marijuana in your possession while on federal property is a crime. This means that you are not allowed to possess marijuana while visiting national parks, courthouses, or any other properties that are owned by the federal government.

It’s perfectly legal to have marijuana in your possession while you are in the car, but if it is an open container, it cannot be in the passenger area of the vehicle. Open containers are those that have broken seals or those that contain marijuana that you have already partially consumed. To protect yourself, it’s best to leave open containers of marijuana in the trunk of your vehicle.

If you have been charged with possession of marijuana, contact the attorneys at Reisch Law Firm right away. Our criminal defense attorneys will stop at nothing to help you achieve the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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