Tag: marijuana laws in Colorado

Is It Legal to Drive With Marijuana in the Car?

Is It Legal to Drive With Marijuana in the Car?

Recreational marijuana may be legal in the state of Colorado, but that does not mean it is unregulated. There are many rules and regulations regarding the possession of marijuana in Colorado, including the legality of having marijuana in the car with you. Is it legal to drive with marijuana in the car? Here’s what you need to know:

The Open Container Law

People in Colorado can legally drive with marijuana in the passenger area of the vehicle as long as it is not in an open container. This means that the container holding the marijuana is not open and does not have a broken seal. A container is also considered “open” if there is evidence that some of the marijuana inside the container has been removed.

Driving With Open Containers

The definition of an open container is somewhat vague, so it can be difficult for drivers to determine whether their marijuana container is considered open or closed. For example, some law enforcement officers might think a small plastic bag is an open container, while others may view it as closed.

If there is any question as to whether a container is open or closed, it’s best to act as if it is an open container. This means that the container should not be kept in the passenger areas of the vehicle, which are the areas that are easily accessible by either the driver or a passenger. To be safe, put these questionable containers in the truck of the vehicle instead of trying to guess if it’s open or closed. Even if the container is open, it is not illegal to have it in your car as long as it is in the trunk.

Age Requirements

It’s important to note that it is illegal for anyone under the age of 21 to have recreational marijuana in their possession. Therefore, it is illegal for someone under the age of 21 to drive with marijuana in their car, even if it is in a closed container or in the trunk. However, it is not illegal if it can be proven that the marijuana belongs to someone else in the vehicle who is over the age of 21.

Are you being accused of committing a drug crime? If so, contact Reisch Law Firm today. The criminal defense attorneys at our law firm will fight tirelessly to reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Where Can You Legally Smoke Marijuana in Colorado?

Where Can You Legally Smoke Marijuana in Colorado?

Colorado was one of the first states to legalize recreational marijuana. Because of this, many people assume that it is legal to consume marijuana anywhere in the state of Colorado, but that’s not the case. Even though marijuana has been legalized, there are many laws surrounding how it can be consumed. Here’s what you need to know about where you can and cannot legally smoke marijuana in Colorado:

Marijuana Retailers

You can legally purchase marijuana at one of the many licensed retailers throughout the state, however you cannot smoke marijuana at one of these stores. In fact, it is illegal to smoke marijuana in or around a licensed cannabis retailer.

Private Residences

It’s perfectly legal to smoke marijuana in private as long as it was legally purchased and you are above the age of 21. In this case, feel free to smoke marijuana if you are in a private residence.

Public Areas

It is not legal to smoke marijuana in public even if it was purchased legally and you are above the legal smoking age. Therefore, do not try to smoke marijuana when you are in parks, playgrounds, bars, restaurants, movie theaters, sporting events, concerts, or any other public venue.

It’s also illegal to smoke marijuana while using public transportation, since this is considered a public area.

Cars

Marijuana can be legally transported by car as long as it is not stored in an open container or brought across state lines. But, even though it is legal to carry marijuana in a vehicle, it is not legal to smoke it while in a car. Both drivers and passengers can face serious criminal charges for lighting up while inside a vehicle—even if the car is not in motion.

Hotels

Hotels are public venues, but hotel rooms are private, so many people wonder whether smoking in a hotel room is legal or illegal. The law allows hotels to decide whether or not they want to allow guests to smoke marijuana, so check with the front desk to find out if smoking marijuana is legal. If the hotel does permit smoking marijuana, it is only legal in designated smoking rooms.

Basically, marijuana can be legally smoked in private, but not in public. Smoking marijuana in any location that is open or easily accessible to the public is illegal.

Have you been charged with a drug crime? If so, contact Reisch Law Firm today. Our criminal defense attorneys will defend your rights through every step of the legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.