Our Blogs

Marijuana may be legal in Colorado, but the state isn’t a free-for-all when it comes to buying and possessing the substance. In fact, there are some very stringent laws in place to protect people, especially children, from getting marijuana.

Much like alcohol, you must be 21 to possess and use marijuana in Colorado. If you are an adult that helps a child obtain marijuana, or you give it to them, then you could face some serious trouble. Here is what you need to know about buying or even giving a minor marijuana in the state and the serious consequences you could face.

What the Law Says

Under Colorado law, you must be 21 to buy, use, and possess marijuana. You can only possess marijuana purchased in licensed retail outlets, and, even then, you can only purchase up to one ounce of marijuana. Overall, you can only have a total of two ounces in possession at once.

Only those who are licensed as retailers can sell marijuana. However, adults can give other adults over age 21 up to two ounces of the substance – they simply cannot sell it.

It is also illegal to use marijuana in public in any way, whether that’s vaping, smoking, or eating it. You cannot use it on federal land, and you can be subject to drug testing at your place of employment. Federal law entitles employers to maintain a workplace free of drugs, so you may face termination at work if you fail a drug test.

What Crimes Can Be Charged

It’s not just adults who can get in trouble for giving or selling marijuana to a minor. Minors face consequences in the situation, too. In fact, here are the drug crime charges that prosecutors can level against those involved in this situation:

Distribution or Sale to a Minor

It is against the law in Colorado for any person to sell, distribute, or transfer marijuana to someone who is under 21 years of age. How long a prison sentence will be depends on the age of the minor involved and how much marijuana there was in the transaction. This is a felony charge.

Minor in Possession

If a minor is caught with marijuana in the state, then they case face drug charges of their own. A minor in possession charge can amount to a felony or a misdemeanor. It depends on how much marijuana they were in possession of and if they have a criminal history or not. They can face jail time and fines if found guilty of this crime.

Minor in Possession of Drug Paraphernalia

Minors cannot possess marijuana in the state, nor can they possess paraphernalia that could assist them in breaking the law.

Driving Under the Influence

It is illegal to drive under the influence at any age, but there are serious penalties for drivers under the age of 21 who are found to be impaired and under the influence of marijuana when driving. If charged with this crime, they can face losing their license as well as being required to complete community service and pay fines.

Just because marijuana is legal in the state of Colorado does not give residents carte blanche to do what they want. There are still laws surrounding the possession and use of the drug, and your best bet is to abide by them.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.