Busted for pot before it was legal? This Colorado law is for you.

Legally Reviewed by Shazam Kianpour on September 2, 2026

Several Colorado laws went into effect in the summer of 2017, including the new felony DUI law that requires jail time for certain repeat offenders. While that DUI law is certainly important, which is why we talked about it in an earlier post, there is actually another law that went into effect at the same time that is good news for anyone convicted of marijuana possession before the drug became legal under state law.

This law, previously known as House Bill 17-1266, allows those convicted of misdemeanor level offenses related to marijuana use or possession to have their criminal records for these offenses sealed, but only if they meet the following criteria:

• The individual must file a petition with the district court in the district in which the criminal record exists
• The individual must pay all required filing fees
• The individual must establish by a “preponderance of the evidence” that the marijuana-related offense he or she is trying to seal would not have been a criminal offense had it occurred after December 10, 2012, the day Amendment 64 officially became a part of the Colorado constitution
• The petition filed by the individual has been posted on the State Court Administrator’s website, and at least 30 days have passed since it was posted

While jumping through these hoops may be an inconvenience, a sealed criminal record can potentially make a person’s life a lot easier, especially when you consider how any criminal record can affect a person for years, often making it harder to find a job or housing. Simply put, this law was designed to give many a fresh start.

How Colorado Got Here: From Prohibition to Amendment 64

Colorado’s marijuana laws changed in stages. Voters approved Amendment 20 in 2000, which allowed medical marijuana use for patients with a qualifying condition and written consent from a doctor. It was not until 2012, when voters approved Amendment 64, that Colorado became one of the first states in the country to legalize marijuana for recreational use by adults 21 and older. According to a report from the Colorado Division of Criminal Justice, the years since legalization have brought significant shifts in how marijuana-related offenses are charged and prosecuted across the state.

Anyone with a marijuana-related conviction from before December 10, 2012, was convicted under a legal framework that no longer exists for conduct that is now legal for adults in Colorado. Record sealing under laws like HB 17-1266 exists specifically to address that gap.

Marijuana Possession and Cultivation Are Still Regulated, Not Unlimited

It is worth remembering that legalization did not eliminate every marijuana-related criminal charge. Colorado law still limits how much marijuana an adult can possess, cultivate, or give to another adult without facing charges, and exceeding those limits, or engaging in unlicensed distribution, can still result in a misdemeanor or felony charge today. We break down what is and is not legal, including cultivation limits and distribution penalties, in our overview of Colorado marijuana charges.

This distinction matters for anyone evaluating whether an old conviction might qualify for sealing: the analysis depends on whether the specific conduct at issue would still be illegal today, not simply on whether marijuana in general is now legal.

Marijuana Impairment and DUI Enforcement Have Not Gone Away

Legalizing marijuana for adult use did not change Colorado’s DUI and DWAI laws. Driving after consuming marijuana to a degree that leaves a person substantially incapable of safely operating a vehicle can still result in a DUI charge, and driving while even slightly impaired can result in a DWAI charge. Colorado law recognizes 5 nanograms of active THC per milliliter of blood as a level at which a driver may be presumed to be affected by the drug, though prosecutors can still bring impaired driving charges below that level based on other evidence.

Marijuana-related impaired driving cases can be more complex than alcohol-related DUI cases because THC does not clear the body at a predictable rate the way alcohol does, and a blood test result does not always correlate cleanly with actual impairment at the time of driving. This makes the specific facts of a marijuana DUI or DWAI stop especially important to examine closely.

Why Sealing an Old Marijuana Record Matters

A marijuana conviction from before legalization can continue to affect a person’s life well after the case itself is closed. Background checks used by employers, landlords, and lending institutions can surface a conviction from many years earlier, and a record that would not exist today under current law can still create obstacles now. This is the gap that record sealing under Colorado law is designed to close, though the process requires filing the right petition in the right court and satisfying the state’s evidentiary standard.

Getting Help With a Record Sealing Petition or a Marijuana Charge

Whether you are trying to seal an old marijuana conviction or you are facing a new marijuana-related charge, including a marijuana DUI or DWAI, the details of your specific case matter. Our attorneys have handled thousands of criminal cases throughout the Denver metro area and can help you understand whether your situation may qualify for relief under Colorado’s record sealing laws or how to approach a current charge. Reach out through our online contact form to schedule a consultation.

Frequently Asked Questions About Sealing an Old Marijuana Conviction in Colorado

Written by

Shazam Kianpour

Denver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.