Marijuana DUI in Denver


You may not know it but under federal law, it’s illegal for people to possess or use marijuana. But in January of 2014, that all changed for the State of Colorado. At the beginning of 2014, Colorado made sweeping changes to its marijuana laws when it legalized recreational use of marijuana for individuals age 21 and older.

What You Need to Know About the Law

  1. You must be 21 to buy or use marijuana.
  2. You commit a felony if you give, sell, or share marijuana with anyone who is under the age of 21.
  3. You can only buy marijuana from licensed retail stores.
  4. If you are 21 or older, you can only buy and possess up to 1 ounce of marijuana at any given time.
  5. You cannot legally sell marijuana unless you are a licensed retailer.
  6. If you are 21 or older, you can give up to 1 ounce to someone who is 21 or older, but you cannot sell the drug, including homegrown products.

To learn more about the state’s marijuana laws, click here.

DUI of Marijuana

It may be legal to use or possess marijuana if you’re 21 or older, but it’s illegal to drive under the influence of marijuana. Even if you are using medical marijuana, it’s still illegal to drive under the influence of it.

If a law enforcement officer suspects you are driving under the influence of marijuana and you refuse a chemical test (blood, urine, or breath), you will be labeled a “high-risk driver,” and be required to install an Ignition Interlock Device (IID) for two years and complete alcohol education classes. You also face criminal sanctions.

So, what do you do? Here’s some good advice: “Public safety demands that impaired drivers be taken off the road. For the cannabis consumer who wants to travel consider using public transit such as RTD in Denver/Boulder area or transportation services like Uber and Lyft that offer excellent opportunities for travelling safely,” suggests NORML.

Related: Reinstating a Colorado Driver License

Facing marijuana DUI charges in the Greater Denver Area? Contact my firm today for a free case evaluation.