Is marijuana legal in Colorado?
Yes. As of 2026, marijuana (weed) is legal in Colorado for adults 21 and older, who can possess up to 2 ounces and grow up to six plants at home. Medical marijuana is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in Colorado
Colorado voters legalized medical marijuana by passing Amendment 20 on November 7, 2000, and adult-use marijuana by passing Amendment 64 on November 6, 2012. Amendment 64 took effect after the statewide canvass, on December 10, 2012. Licensed retail stores began selling in January 2014.
Adults 21 and older may possess up to 2 ounces of marijuana. That 2-ounce possession limit comes from later legislation, House Bill 21-1090; Amendment 64 itself protected one ounce. Adults who are Colorado residents may grow up to six plants, with no more than three flowering at once, generally with a 12-plant limit per residence. Plants must be in an enclosed, locked area that is not in public view. Local governments can set stricter home-grow rules.
Licensed retail stores sell to adults 21 and older with a valid ID. The state’s consumer page still describes the retail purchase limit as 1 ounce per transaction, while possession may be up to 2 ounces. Adults may give marijuana to another adult 21 or older, but they cannot sell it without a license.
Public use is illegal, including in parks, on sidewalks and on federal land such as national parks and many ski areas. Employers may keep drug-testing policies. Intoxicating hemp products, including delta-8, are not ordinary legal hemp products in Colorado. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Aspen, CO – June 27, 2019: Native Roots Marijuana Dispensary Photo: Adobe Stock (editorial use only).
What the law says
Legal
- Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.
- 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.
Not legal
- Nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.
Quoted from Colorado Constitution, Article XVIII, §16 (Amendment 64).
How old do you have to be to use marijuana in Colorado?
You have to be 21 to buy weed in Colorado. It's illegal for anyone under 21 to buy, have or use retail cannabis, and licensed stores check a valid ID. Giving or selling marijuana to anyone under 21 is a felony. Medical patients can access the medical program with a red card, including some patients under 21 through a caregiver.
How much marijuana can you have in Colorado?
Adults 21 and older in Colorado can have up to 2 ounces of marijuana. At home, Colorado residents 21 and older can also keep marijuana produced by their own legal plants on the premises where the plants were grown. In a car, public consumption is illegal. Amendment 64 originally protected one ounce; the 2-ounce possession threshold comes from House Bill 21-1090.
Where can you buy marijuana in Colorado?
You can buy weed in Colorado at licensed retail marijuana stores. Adults 21 and older need a valid ID. The official state consumer page still describes the retail purchase amount as up to 1 ounce at a time, even though adults may possess up to 2 ounces. Cities and counties can ban or limit stores, so what's open depends on where you are. Only licensed retailers can sell.
Can you grow marijuana at home in Colorado?
Yes, if you are a Colorado resident 21 or older. You can grow up to six plants, with no more than three flowering at once. State law generally limits a residence to 12 plants, and some cities are stricter; Denver, for example, caps a home grow at 12 plants. Plants must be in an enclosed, locked area that isn't in public view, which means they can't be grown openly outside. Homegrown marijuana can't be sold.
Where can you use marijuana in Colorado?
You can smoke weed in Colorado on private property if the owner allows it. Public use is illegal, including on sidewalks, in parks, at concert venues, in restaurants and bars, and in common areas of apartment buildings. You also can't use cannabis on federal land, including national parks, national forests and many ski areas. Landlords and hotels can ban use on their property.
How do you get a medical marijuana card in Colorado?
To get a medical marijuana card in Colorado, you need a recommending physician and then you register with the state's Medical Marijuana Registry for a red card. Patients can buy at licensed medical stores and may have different plant and possession rules than adult-use consumers. The medical program has been in place since Amendment 20 passed in 2000.
Can visitors buy or use marijuana in Colorado?
Yes. Out-of-state visitors can buy marijuana in Colorado if they are 21 or older. Licensed retail stores accept a valid government-issued ID, and there is no residency requirement to purchase. Home grow, though, is for Colorado residents. Visitors follow the same public-use ban and possession limit. Taking marijuana out of Colorado isn't protected by state law and remains illegal under federal law.
What are the rules on driving and marijuana in Colorado?
No, you can't drive high in Colorado. Driving under the influence of marijuana is illegal. Colorado also uses a permissible inference of intoxication at 5 nanograms of THC per milliliter of blood, and consuming marijuana in public or while in a car is illegal even if you are under that number.
Can an employer in Colorado fire you for using marijuana?
Yes, you can get fired for using marijuana in Colorado, even legally off the job. The state's consumer page says employers can still test for THC and make employment decisions based on the results. Amendment 64 does not require employers to accommodate marijuana use.
What are the penalties for breaking marijuana laws in Colorado?
In Colorado, adults 21 and older are not charged with a state marijuana possession offense for 2 ounces or less. Having more than 2 ounces but not more than 6 ounces is a level 2 drug misdemeanor. More than 6 ounces is a level 1 drug misdemeanor. Public consumption can bring fines. Selling without a license and giving marijuana to anyone under 21 are more serious crimes.
Are CBD, hemp and delta-8 products legal in Colorado?
CBD from hemp can be legal in Colorado, but intoxicating hemp-derived cannabinoids are tightly regulated. The state treats delta-8, delta-9, delta-10 and similar THC isomers as intoxicating cannabinoids, and chemically converting hemp cannabinoids into those products is not compliant with Colorado's industrial hemp-product definition. High-THCA flower is not generally sold as ordinary hemp. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Colorado?
Yes. Federal law still applies in Colorado. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Colorado changed recently, or is it about to?
Colorado's core adult-use law is still Amendment 64, but possession limits have changed since 2012. House Bill 21-1090 raised the amount adults may possess to 2 ounces. The official state consumer page still lists a 1-ounce retail purchase amount; a 2025 bill, HB 25-1209, streamlined marijuana regulation, and sources disagree on whether it also doubled the store purchase cap, so that figure is not restated as a change here. At the federal level, state-licensed medical marijuana moved to Schedule III on April 28, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (7)
- Colorado Constitution, Article XVIII, Section 14 (Amendment 20, medical) cannabis.colorado.gov
- Colorado home grow laws cannabis.colorado.gov
- cannabis.colorado.gov
- ag.colorado.gov
- Colorado Constitution, Article XVIII, Section 16 (Amendment 64) leg.state.co.us
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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