Yes.  The possession of up to one ounce of marijuana, the private use of marijuana, and the cultivation of limited amounts of marijuana in an enclosed locked space is now legal under state and local law.

Please understand that the information contained on this webpage is NOT legal advice and that these communications do NOT and will NOT create an attorney-client relationship between you and Sensible Colorado.

Despite the protections under state law, Colorado marijuana users remain subject to potential federal prosecution. There have been several documented cases of federal prosecution in Colorado, and elsewhere, such as California. To date, medical marijuana patients have attempted numerous tactics to avoid federal prosecution without success in the Courts. In the 2006 case of Raich v. Gonzales, the US Supreme Court decided that the federal Controlled Substances Act may be enforced despite state medical marijuana laws, meaning patients licensed under state medical marijuana laws can be prosecuted by the federal government.

However, the Supreme Court has never decided if there might still be a medical necessity defense for individual patients possessing marijuana for medical purposes. Any patient prosecuted by the federal government should discuss using this defense with his/her attorney. There is likely not a medical necessity defense for recreational marijuana users.

Patients should note that the Drug Enforcement Agency has repeatedly said that it has no intention of seeking out and prosecuting individuals who possess or cultivate small amounts of marijuana. Colorado lawyers generally agree the DEA has an informal policy of not getting involved in cases involving less than 100 plants. Despite this informal policy, federal prosecution remains a possibility for all marijuana users in Colorado.

It should also be noted that only 1% of the approximate 750,000 annual marijuana prosecutions nationwide come from federal agencies. Therefore, if you are a marijuana users under Colorado state law, your chances of being prosecuted by the federal government remain low.

Recently, the U.S. Attorney for Colorado has targeted certain medical marijuana centers, sending them letters telling them to shut down within 45 days. To date, all of the businesses receiving these letters have closed or relocated and none have been the subject of criminal or civil prosecution. We will see how the federal government reacts to amendment 64 and recreational marijuana users in the months and years to come.

Probably not. Amendment 64 expressly states that an employer does not have to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace.  Amendment 64 also states that an employer is permitted to restrict the use of marijuana by its employees. This language was intended to allow employers to restrict the use of marijuana by employees outside of work, but it is unclear whether employers may prohibit that use outside of work all together. Additionally, the arguments against Amendment 64 in the Blue Book state that passage of the Amendment 64 "could create conflicts with existing employment" laws.  In sum, it is clear that an employer can prohibit the use of marijuana in the work place, whether they can prohibit the use of marijuana outside of work is a current gray area. If you are an employee, it is best to become familiar with your company's drug policies and not push the envelope. If you are fired for using marijuana outside of work, you should consult an attorney. If you are an employer, you should also consult an attorney in putting together your company's drug policies.

Nothing in the language of Amendment 64 is intended to allow driving under the influence of marijuana or driving while impaired by marijuana.  Driving under the influence of marijuana, or driving while impaired by marijuana continues to be a crime.  Furthermore, Amendment 64 does not limit the state’s ability to enact or impose penalties on those driving under the influence of or while impaired by marijuana.

No.  Licensed medical marijuana centers are only permitted to sell medical marijuana to state-registered medical marijuana patients. At some point in the future, a medical marijuana center may decide to convert to a recreational retail store under Amendment 64. However, they are not required to and may not convert before October 1st, 2013.   Please do not attempt to purchase medical marijuana from medical marijuana dispensary centers without a medical marijuana registry card.

NO! Amendment 64 does not permit the consumption of marijuana that is conducted "openly and publicly."

It doesn't.   Amendment 64 does not limit any privileges or rights held by any medical marijuana patient, primary caregiver, or licensed entity as provided in the Colorado Medical Marijuana Code.

No.  You must have a local and state license to operate a marijuana retail store under Amendment 64.  The regulations for these retail stores have not yet been created. These regulations are scheduled to be created during the next legislative session.  Prior to being issued a retail license, it is a felony under Colorado law  to sell marijuana. A felony conviction may prohibit you from ever obtaining a license.

Additionally, even a license issued under Colorado law will not stop you from the risk of federal prosecution. 

Under Colorado law, an adult over the age of twenty-one is only allowed to sell marijuana with the appropriate license. Selling marijuana without a license remains illegal. Those who try to open up a marijuana business in Colorado without a license may be disqualified to own or work for a medical marijuana business under the Colorado Medical Marijuana Code or a marijuana retail establishment under Amendment 64 and its implementing regulations.

Transferring one ounce or less of marijuana by adults over the age of twenty-one to other adults over the age of twenty-one for no remuneration is permitted under A64.

No. Under Colorado law, an adult over the age of twenty-one is only allowed to sell marijuana with the appropriate license. Selling marijuana without a license remains illegal. Those who try to open up a marijuana business in Colorado without a license may be disqualified to own or work for a medical marijuana business under the Colorado Medical Marijuana Code or a marijuana retail establishment under Amendment 64 and its implementing regulations.

Pursuant to Amendment 64, an adult over the age of 21 is permitted to posses more than an ounce of marijuana on the same premise as the marijuana was grown. A64 states:

(3) Personal use of marijuana.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

The definition of what constitutes a plant in A64 is ambiguous. However, to be on the safe side, one should assume that clones are plants because they are defined as such by the Colorado medical marijuana regulations.

Under A64, an adult over the age of 21 is permitted to possess "the marijuana produced by the pants on the premises where the plants were grown." Marijuana is defined to include all parts of the plant including trimmings. Please note that once a person leaves the premise where the plants are grown they may only possess an ounce.

The intent of Amendment 64 is that an adult over the age of 21 would not be punished under state or local law for consuming marijuana on private property unless prohibited by the property owner.  Specifically, Amendment 64 permits under Colorado law the consumption of marijuana by adults over the age of 21 provided it is not "conducted openly and publicly." Additionally, Amendment 64 permits the public display of less than one ounce of marijuana and marijuana accessories (paraphernalia) by adults over the age of 21.

If the consumption of marijuana is conducted on private property and is not visible to the public, Amendment 64 would clearly provide protections from state or local law enforcement for adults over the age of 21. If the consumption of marijuana is conducted on private property and is visible to the public, Amendment 64 should still provide protections. However, we do not recommend using marijuana in any place that is visible to the public because (1) an over zealous law enforcement officer may try to arrest and prosecute you for public consumption of marijuana, and (2) your neighbors or landlord made not appreciate the smell. At this time, we cannot predict how the Colorado judiciary will interpret Amendment 64 in this situation.

Amendment 64 states:

(3) Personal use of marijuana.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:

(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

...

(d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS.

C.R.S. 18-18-406 states:

...

(3)  (a) (I) [A] person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars or, at a maximum, by a fine of not more than one hundred dollars and, notwithstanding the provisions of section 18-1.3-503, by fifteen days in the county jail. C.R.S. 18-18-406

Amendment 64 went into effect on December 10th, 2012. It is now legal under state law for an adult over the age of 21 to possess an ounce of marijuana,  privately use marijuana, and grow limited amounts of marijuana. All growing must be limited to 6 plants (3 flowering) in an enclosed locked space. Adults are also allowed to possess more than an ounce of marijuana if and only if it remains on the premise where it was grown.

Retail marijuana stores will not be open until late 2013 or early 2014.

Maybe. Nothing in A64 prohibits a person with a felony conviction from owning a company that obtains a license to operate a marijuana business. However, the rules and regulations for obtaining a marijuana business license under Amendment 64 will be created by the Department of Revenue and the local licensing authorities over the next year. These rules may or may not include a prohibition on persons with felony convictions obtaining a marijuana business license.