Amendment 64, what does it mean to you?
DISCLAIMER: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
On November 6 of 2012, Amendment 64 passed by popular ballot initiative changing CO’s state constitution. The amendment allows for the personal use of marijuana by adults 21 years of age and older. This milestone law, created an entirely new industry in the state, and an entirely new set of regulatory problems for the state to solve. To help entrepreneurs navigate this new reality, we have compiled some resources here that we feel would be helpful to them, or anyone who wants a bit more information. These laws are still being fine tuned and are updated frequently, so be sure to discuss these issues with your legal counsel.
Amendment 64 FAQ
The following has been taken from the CO MED website
Note – the rules vary for different municipalities, this FAQ is specific to Denver, CO. Please check the local municipality for the rules and regulations in a specific area.
Can I possess marijuana? And how much?
Since Amendment 64 went into effect in late 2012, adults 21 and older have been allowed to possess up to 1 ounce of retail marijuana.
How old do I have to be to purchase, possess or consume retail marijuana?
You must be 21 and older to buy, possess or use retail marijuana. It is illegal to give or sell retail marijuana to minors.
Where can I purchase retail marijuana?
Those 21 and older can purchase retail marijuana at licensed retail stores.
How much marijuana can I purchase at one time?
Colorado residents 21 and older can purchase and possess up to 1 ounce of retail marijuana at a time.
Non-residents can purchase up to ¼ ounce at a time.
Can I legally grow marijuana at home?
Yes. Adult residents can grow up to 6 marijuana plants per person. No more than 12 total plants are allowed per residence regardless of the number of adults living there.
Marijuana plants must be kept in an enclosed, locked area, and growers should take extra precautions to ensure that only authorized adults have access to the marijuana plants.
You must be 21 and older to have or use retail marijuana. Children and pets should be kept away from plants at all times.
Can I consume marijuana in public?
No, it is illegal to consume marijuana in public.
This includes but is not limited to areas accessible to the public such as transportation facilities, schools, amusement/sporting/music venues, parks, playgrounds, sidewalks and roads and outdoor and rooftop cafes. It is also illegal to smoke at indoor-but-public locations like bars, restaurants and common areas in buildings.
Can I have marijuana in my car?
Yes. Marijuana may be carried in cars but it may not be in an open container and cannot cross state boundaries. It is illegal to use or consume marijuana in a motor vehicle and it is illegal to drive under the influence of marijuana.
Is there a DUI-like equivalent for driving under the influence of marijuana?
Yes. It is illegal to drive under the influence of marijuana and it can result in a DUI, just like alcohol. Anyone with 5 nanograms or more of delta 9-tetrahydrocannabinol (known as THC) per milliliter in whole blood (CRS 42-4-1301) while driving can be arrested for DUI. The consequences of DUI is dependent on the driver but they can include fines, jail time and a revoked license.
How are marijuana-infused foods regulated?
Marijuana-infused food operations must comply with the Denver Food Establishment Rules and Regulations just as all other food businesses do, as well as with any applicable state regulations. They are also subject to inspection by the Food Safety Section of the Denver Department of Environmental Health’s Public Health Inspection Division.
Marijuana-infused food operations that manufacture food in Denver must obtain the Denver MIP (Marijuana Infused Products) license.