Marijuana Offenses

Wait isn't Marijuana legal in Colorado?

  • While it is legal in many circumstances, marijuana is highly regulated. There remain many criminal offenses associated with marijuana that are still prosecuted in the Colorado state courts.
  • Also, it must be emphasized that under Federal law, marijuana remains illegal. This prohibition does not often impact the average citizen but could if marijuana is taken onto federal land (national parks, national forests, bureau of land management land, military bases etc). The Federal government also can prosecute persons they believe are trafficking in marijuana.

What sort of laws do I have to be concerned about with respect to marijuana?

  • For an average user it is important to know that persons in Colorado can be prosecuted for driving under the influence if they are suspected to be impaired by marijuana. This is similar to an alcohol DUI. However, there are no breath tests and for a blood test the government would need to get a forensic toxicologist to testify as to the impact of THC on the driver.
  • It is also important to know that possession of marijuana by someone under 21 can result in charge of minor-in-possession (MIP). Giving or selling marijuana to someone under 21 can also result in potential charges.
  • Colorado still has felony laws against the unlicensed distribution or trafficking of large amounts of marijuana. Folks entering into Colorado with the intent to return to their home state with a large amount of marijuana can end up in very serious legal trouble. Trafficking charges involving marijuana can result in lengthy prison sentences and must be treated with the utmost seriousness.

What if I have an old marijuana conviction, I've hear that these can now be sealed?

  • There are many convictions for certain crimes including those involving marijuana that can now be sealed under Colorado law. Please contact us for a consult and we will be happy to evaluate if yours is eligible. There are a number of factors that determine whether a Court can seal an old criminal case and we can talk you through those.