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.
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.