Legalized Marijuana FAQ


Colorado Amendment 64 the Legalization of Marijuana

1. What is Amendment 64? The intent of Amendment 64 (Co Const. Art. XVIII Sec. 16) is to treat the use of marijuana like the use of alcohol by adults 21 years old or older. Amendment 64 decriminalizes possession of one ounce or less of marijuana, or 6 marijuana plants, only 3 of which may be flowering, and the resulting Marijuana from those plants. Amendment 64 permits retail sale of marijuana in the regulated market similar to alcohol sales. [1] Click to view Amendment 64 Ballot on

2. How old do you have to be to purchase, possess or consume retail marijuana? 

  • You must be 21 or older to buy, possess or use retail marijuana.
  • Adults 21 and older are allowed to possess up to 1 ounce of retail marijuana.
  • It is illegal to give or sell retail marijuana to minors.
  • It is illegal to take marijuana across state lines.

3. Can I consume marijuana in public?  No, it is illegal to consume marijuana in public.  This includes public and private transportation.

  • Marijuana is still illegal under federal law and remains classified under the Federal Controlled Substances Act as a Schedule 1 narcotic, whose cultivation, distribution, possession and use are still criminal acts under federal law.
  • You cannot possess marijuana on Federal Land including but not limited to national parks, national forests (e.g. Maroon Bells & Ski Mountains), federal office buildings, courthouses, etc.

4. Does Amendment 64 require employers to accommodate the lawful use or possession of marijuana? No, the law specifically states that employers do not have to accommodate marijuana use or possession at the workplace and also permits employers to enforce policies regarding marijuana use by employees. [2]

5. Where can I purchase retail marijuana? Those 21 and older can purchase retail marijuana at licensed retail stores.

6. Where am I allowed to consume retail marijuana?  Retail marijuana is intended for private, personal use. Marijuana may not be consumed openly or publicly. Please contact your Hotel or Rental Management Company with questions.

7. How much marijuana can I purchase at one time? As of June 2016, both tourists and residents can purchase 28 grams (1 ounce) in a single transaction.

8.  Can I consume marijuana in a licensed retail store?  No, it is illegal to consume marijuana in or around a licensed store.

9. What are the consequences if I violate marijuana laws?  Penalties range from a fine to a possible jail or prison sentence. Please be aware that rules and regulations around legalized marijuana vary from community to community in the state of Colorado.

10. Are the rules different for possession and consumption of edible marijuana than for marijuana that can be smoked? No. Possession laws are the same for all retail marijuana types, and public consumption is always illegal, regardless of form.

11. Can I have marijuana in my car? Yes, but it is illegal to use or consume marijuana in a motor vehicle and it is illegal to drive under the influence of marijuana. Marijuana may be carried in cars but it may not be in an open container.

12. Is there a DUI-like equivalent of 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.

13. Can I consume/smoke marijuana on my private property like on a balcony or in the backyard? Individuals 21 and older can consume marijuana on private property that is not open to the public (Ok places: private homes, your backyard, your property's decks, etc.)

14. Are there marijuana Smoke Clubs or Coffee Shops in Aspen? Currently, the City of Aspen has prohibited public and private smoke clubs.

15. Where can I buy marijuana in Aspen?  There are currently 7 shops that offer retail marijuana in Aspen: Native Roots Aspen, Roots RX, Silverpeak Apothecary, Stash, Green Dragon, Leaf, and Alternative Medical Solutions.

16.  Is it illegal to possess marijuana at Denver International Airport? It is illegal to take marijuana across state lines.

17. What if I'm pregnant or breastfeeding? There is no known safe amount to consume. THC gets passed to the baby no matter how you consume it.

This information is for reference only. Local rules and regulations on legalized marijuana are subject to change.  If you have any questions about legal consumption of marijuana please contact the Aspen Police Department at 970-920-5400.

Visit the Valley Marijuana Council to learn about Aspen's community approach to facilitate the safe, responsible integration of recreational marijuana.

Colorado Department of Revenue Marijuana Enforcement Division 1 CCR 212-2, Permanent Rules Related to the Colorado Retail Marijuana Code September 9, 2013 - DIA first Denver facility to ban marijuana possession - Denver Post 1/3/14


[1] Office of Legislative Legal Services, Colorado General Assembly. Amendment 64 Frequently Asked Questions, page 1.

[2] Office of Legislative Legal Services, Colorado General Assembly. Amendment 64 Frequently Asked Questions, page 3.

We use cookies on our website to support technical features that enhance your user experience.

We also use analytics & advertising services. To opt-out click for more information.