Colin McCallin Jan. 3, 2014

1. If my municipality bans marijuana, I cannot grow or possess it.

This is false. Many counties and municipalities have banned medical and recreation marijuana stores, but Amendment 64 trumps these community ordinances to allow anyone to possess marijuana and to grow up to 6 plants. You just can’t set up a pot shop there.

2. It is against the law for me to drive with marijuana in my car.

This is another myth, but it is still something to be careful about. You can transport marijuana in your car. However, you cannot consume it in your car or you are subject to being arrested for Driving Under the Influence of Drugs. You also cannot consume it inside of your stationary car, because it can be considered public consumption, which is prohibited. You should also be careful about having paraphernalia in the car such as a half-smoked joint or a pipe that has burnt residue in it. If you are pulled over, a police officer may have probable cause to believe that you smoked while driving.

3. If I buy marijuana in Colorado legally, I can take it across state lines.

Definitely a myth. Amendment 64 only applies within the four corners of Colorado. If you purchase weed and transport it to another state, you are subject to both state and federal prosecution. In fact, border states such as Wyoming are aggressively pursuing drivers transporting marijuana from Colorado. This goes for flying too. While TSA is not looking for marijuana, it is banned at Denver International Airport, and if a person’s bags are searched and marijuana is found, they are subject to federal prosecution.

4. Since marijuana is now legal in Colorado, I cannot be fired for using it.

The reality is that an employer may still forbid employees to use marijuana, even during off hours, even if there are no signs of impairment or impact on job performance. The Colorado Court of Appeals recently ruled that this is OK. Whether or not the Colorado Supreme Court takes this up has yet to be determined.

5. I can buy as much marijuana as I want if I am over 21.

This is not true, kind of. The new law allows a Colorado resident to purchase 1 oz of marijuana per day. Out of state residents can buy ¼ oz. However, there is really no regulation in place that prohibits a customer from “store hopping” multiple locations buying as much weed as possible. This is something that law enforcement officials are very concerned about. Pot shop owners are also concerned that supplies will be limited because of this issue.

Keep checking out our blog as we monitor the green rush in Colorado.