Is marijuana permitted in public, bars, and restaurants? What are law differences for Co Residents and non-residents? Will the government know if I purchase? Anything preventing me from hopping to different stores? Can you transport Marijuana in a car? Can you resell the marijuana you bought at the dispensary?
1. Now that Colorado has legalized marijuana, is it permitted to use in public, at local bars and restaurants, or at the dispensary?
No. Amendment 64 specifically states that Marijuana may not be consumed publicly. Also, many cities, including Denver, have ordinances that ban public use of marijuana and a person violating this ordinance may be subject to criminal penalties. Consuming marijuana at the dispensary where you purchased it is also prohibited.
2. What is the difference in the law as it relates to Colorado residents and non-residents?
First, the amount of marijuana each can purchase is different. Non-residents are limited to purchasing one quarter-ounce while Colorado residents may purchase up to one ounce. Since Colorado is allowing non-residents to partake under the law, many cities are expecting an increase in tourism. There are still several issues with this; primarily where the non-resident may consume the marijuana.
Hotels, bars, restaurants, ski slopes, and other public places are all off-limits. Technically, a person may only use marijuana in a private residence.
Also, police in surrounding states are aware of Colorado’s new law and will be vigilant in preventing inter-state transportation. The Denver International Airport will also be taking additional measures to prevent individuals from traveling with marijuana.
3. Will the government, state or federal, know that I purchased marijuana?
No. Amendment 64 states: “The department shall not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer’s age, and a retail marijuana store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.”
4. Even though the stores limit how much you can purchase at one time, is there anything preventing individuals from hopping stores or returning to the same store multiple times?
Technically no, however, it is illegal for any non-medical marijuana user to possess more than one ounce. There is no mandate that the stores monitor how much a person has purchased, but this is a concern of local law enforcement and they will certainly arrest or cite people found in violation. The concern is that individuals will purchase amounts exceeding the personal limit and inject that marijuana into the black market to make a profit.
5. Is it permissible to transport marijuana in the car?
Yes, so long as the driver is not under the influence of marijuana while driving and does not possess more than the personal limit. DUIs for marijuana are on the rise and with a set limit of THC a person may have in their system, to be presumed under the influence, it is easier than ever for prosecutors to secure a conviction.
6. Is it permissible to resell marijuana that was purchased at a legal dispensary?
No. In order to legally sell marijuana, the person or store must be licensed by the state.
For more information or questions, contact Timlin & Rye or call (303) 837-9284
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