Misconception: Marijuana is Completely Legal in Colorado
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A commonly held misconception is that marijuana is completely legal in Colorado, and that all activities concerning marijuana are therefore also legal.  Also, whatever legal status marijuana may have in this state does not negate the fact that marijuana remains a Schedule I drug as classified by the DEA.


Today, news broke that federal law enforcement agents are involved in numerous enforcement actions in Colorado.  While little information beyond that has been released to the public due to this being an ongoing investigation, these enforcement actions could possibly be targeting individuals who either were in compliance with state law or believed themselves to be.


It is important to remember that while Colorado has decriminalized possession of one ounce or less of marijuana, and also the transfer of one ounce or less without remuneration, possession of more than one ounce remains a criminalized act.  Additionally, the sale or distribution of marijuana outside of the context of medical marijuana, or exceeding the permissions granted therein, remains a felony offense punishable by a sentence to the department of corrections.  It remains illegal to drive under the influence of marijuana, regardless of whether or not that marijuana was medically prescribed.  Also, it is common practice to not permit those on probation to consume marijuana, because it remains illegal federally and a standard condition of probation is that one not commit any new municipal, state, or federal offenses.


About the Author:

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012” and “Top 100 Trial Lawyers in Colorado” for 2012 and 2013 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. She has also been recognized for her work in domestic violence cases.