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Marijuana: What is Legal and What is Illegal

By Bridgette Odom Tomasetti, Esq.

There is a misconception that marijuana is completely legal in Colorado. The state does have a number of permissible allowances for marijuana use and possession but there are still several ways you can be charged with a marijuana related crime.



  • Personal possession for 1 ounce or less without criminal penalties;
  • Personal exchange of 1 ounce or less to another legal person if no payment is exchanged;
  • Private cultivation of up to six plants is allowed if no more than three of those plants are mature;
  • You must be 21 or older to legally possess marijuana;
  • If you are a Colorado resident, you can buy up to 1 ounce per visit to a dispensary. If you are an out of state resident, you may buy up to ¼ ounce per visit to a dispensary;
  • Hash - 1 ounce or less.


  • With a valid medical card, personal possession up to 2 ounces;
  • Private cultivation of up to six plants is allowed if no more than three of those plants are mature;
  • Can be given to minors by a primary caregiver.


  • No public consumption. You may only consume on private property;
  • No transportation across state lines;
  • No driving while under the influence of any amount of marijuana - medical or recreational;
  • No giving to minors under 21 years of age;
  • No possession on federal property;
  • Possession of drug paraphernalia is a petty offense with up to a $100 fine.

There are varying degrees of felony and misdemeanor possession, sale and distribution that could be prosecuted and could carry jail or prison sentences. If you are concerned about your legal rights regarding marijuana possession or use, please contact our expert Criminal Law Group to assist you in your defense, at 1-(888) 458-0991.

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