Offered by Brighton resident Gregory R. McMahon, Esq.
The possession and distribution of marijuana is illegal in the state of Colorado. That last sentence is not a misprint. Possessing and distributing marijuana violates Federal law. The supremacy clause of the United States Constitution is very clear:
The Supremacy Clause of the United States Constitution, Article VI
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
What Colorado law says
If you are over 21, you may possess up to one ounce of marijuana. You may not use marijuana “openly and publicly.” If you have a medical marijuana card, you may possess up to 2 ounces of marijuana. However, you are still violating federal law.
What Not to Do
- Do not take your marijuana to Denver International Airport and attempt to transport your marijuana across state lines.
- Do not transport marijuana from Colorado to another state using a vehicle.
- Do not take marijuana into a federal national park that is located within Colorado. You could be arrested.
- Do not drive while using marijuana. This can result in what is called a Driving Under the Influence of Drugs and is a state crime in Colorado. If you are stopped by law enforcement, you will be subject to a blood test if they suspect that you are under the infl uence of marijuana. You will face criminal charges if you have over 5 nano grams of marijuana in your system.
The information in this column is not legal advice and does not create an attorney-client relationship.
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