Yes, if it is only two ounces or less and for personal use only. However, it’s important to understand that “possession” doesn’t just mean having it in your pocket. The law defines possession more broadly. For instance, having marijuana in your car or home could also count as possession. While Colorado’s marijuana laws have evolved significantly over the years, charges related to owning and using marijuana still exist.
Owning past a certain amount is illegal
Only adults ages 21 and above can own and use marijuana. However, owning anywhere between two to six ounces is a level 2 drug misdemeanor. This means you could face up to 120 days in jail and a fine of up to $750. Possessing more than six ounces of marijuana – or more than three ounces of marijuana concentrate – is a level 1 misdemeanor. This means you could face up to 18 months in jail and a fine of up to $5,000. Using marijuana in public is generally illegal as well, and penalties can range from fines and community service to more severe punishments for larger amounts.
Growing marijuana can be legal – under certain conditions
Colorado law allows adults to grow marijuana at home for personal use, with some important restrictions:
- Each resident can grow up to six plants, with a maximum of three flowering at once. However, take note that some areas have stricter rules than others.
- Plants must be in an enclosed, locked area. It must not be visible from outside or grown outdoors.
- Homes with underage residents require separate, locked growing spaces. Even in adult-only homes, adults must take precautions to prevent youth access.
It’s crucial to know that making marijuana products or selling homegrown marijuana is illegal unless you own a licensed business. Home growing laws can be tricky, so make sure to consult with an attorney.
Gifting marijuana can be illegal
While it’s legal to use and possess marijuana for personal use, the rules around sharing or giving it away are more complex. Giving away up to two ounces of marijuana to another adult 21 years or older is legal, but it must be truly free, with no exchange of money or other goods and services. They must also be in a sealed, childproof container when gifted. Selling or distributing it is illegal.
Personal marijuana use comes with specific restrictions
If you’re facing marijuana possession charges or have questions about your rights under Colorado’s marijuana laws, it’s crucial to seek professional legal advice.