Marijuana and Driving in Colorado: A Critical Legal Guide for Denver Drivers

As a leading Colorado DUI attorney, Mile High Legal wants to clear the air about a critical misconception: Just because marijuana is legal in Colorado doesn't mean you can drive under its influence. Many Denver residents believe that since cannabis is recreationally legal, they can consume and drive without consequences. This couldn't be further from the truth.

Understanding DUID in Colorado: What You Need to Know

Driving Under the Influence of Drugs (DUID) is a serious offense in Colorado, with marijuana being a primary concern. According to Colorado Revised Statute (CRS 42-4-1301(1)(a)), you can be charged with DUID when:

  • You have consumed one or more drugs (including marijuana)

  • The drugs substantially impair your mental and/or physical ability to safely operate a motor vehicle

The Marijuana Myth: Legal Doesn't Mean Drivable

Many Colorado residents mistakenly believe that because marijuana is legal, driving after consumption is acceptable. This is a dangerous and potentially costly misconception. Even with a medical marijuana card, you can still be charged with a drug-related driving offense.

Key Marijuana Driving Facts:

  • There is no strict "legal limit" for marijuana intoxication

  • A blood test showing 5 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter can be used as evidence of impairment

  • Possessing a medical marijuana registry card does NOT protect you from a DUID charge

  • No open containers:

    • Neither drivers nor passengers are allowed to open any marijuana packaging and use the product while in a vehicle, even if you are not moving.

    • You can be charged with a traffic offense if the marijuana product seal has been broken, some of the product has been consumed and there’s evidence that it was used in the car.

For more information, see Colorado’s Cannabis and Driving guide: https://cannabis.colorado.gov/legal-marijuana-use/driving-and-traveling#:~:text=This%20is%20true%20even%20though,can%20be%20prosecuted%20for%20DUI.

Types of Marijuana-Related Driving Offenses

Colorado recognizes two primary marijuana-related driving offenses:

  1. Driving Under the Influence (DUI)

    • Occurs when drugs substantially impair your ability to drive

    • Requires significant evidence of mental or physical impairment

  2. Driving While Ability Impaired (DWAI)

    • A less severe charge

    • Triggered when drugs affect you "to the slightest degree"

    • You are less able to exercise clear judgment or safe vehicle operation

Penalties: What's at Stake

The consequences of a marijuana-related driving offense in Colorado are severe:

First-Time Misdemeanor Penalties

  • 5 days to 1 year in jail

  • $600 to $1,000 in fines

  • 48 to 96 hours of public service

  • 9-month license suspension

  • 12 DMV points

  • Possible mandatory education classes

Escalating Consequences

Repeat offenses lead to increasingly harsh penalties, including longer jail times, higher fines, and extended license suspensions.

Defenses: Protecting Your Rights

As experienced Denver DUI attorneys, Mile High Legal knows there are several potential defenses:

  • Challenging the blood test results

  • Proving zero actual impairment

  • Questioning the legality of the initial traffic stop

  • Identifying procedural errors in testing or arrest

Prescription and Medical Marijuana: Not a Get-Out-of-Jail-Free Card

Important note: Having a valid prescription or medical marijuana card is NOT a defense against DUID. Colorado law is clear that driving while impaired is illegal, regardless of the substance's legal status.

What to Do If Charged

If you're facing a DUID charge in Denver or anywhere in Colorado:

  • Remain calm

  • Do not discuss details with law enforcement without an attorney

  • Contact a qualified Colorado DUI attorney immediately

Conclusion

Marijuana may be legal in Colorado, but driving under its influence is not. The consequences can be life-altering, affecting your job, personal life, and future opportunities.

Mile High Legal: Your Denver DUI Defense Specialists

Have questions about a marijuana-related driving charge? Our experienced Colorado DUI attorneys are here to help. Contact us today for a confidential consultation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Each case is unique and requires individual legal consultation.