Can I Smoke Marijuana While Driving in Colorado?
Introduction
Colorado is one of the pioneering states in legalizing recreational marijuana, offering residents and visitors the freedom to enjoy cannabis under regulated conditions. However, while it’s legal to possess and consume marijuana, certain restrictions still apply—especially when it comes to driving. One common question that arises is whether it’s legal to smoke marijuana while driving. In this article, we’ll explore the legalities of marijuana use behind the wheel, the penalties for driving under the influence, and how these laws apply across cities like Commerce City, Aurora, and Denver.
Is It Legal to Smoke Marijuana While Driving in Colorado?
Simply put, no, it is not legal to smoke marijuana while driving in Colorado. While possessing and using marijuana is legal for adults over the age of 21, Colorado has strict laws in place to prevent people from using marijuana while operating a vehicle. This falls under the state’s broader rules around impaired driving and open container laws.
1. Open Container Law
Colorado’s open container laws apply to both alcohol and marijuana. According to the law, it is illegal to have an open container of marijuana in the passenger area of a vehicle. This means that if marijuana is being used while driving—or if an open container of marijuana products is accessible to the driver—law enforcement may issue a citation. An “open container” includes any packaging that has been opened, even if the product is not being actively consumed at the time.
- What this means: Just like with alcohol, marijuana must be stored in a sealed container and kept in the trunk or a location that is not accessible to the driver while operating the vehicle.
2. Driving Under the Influence (DUI) of Marijuana
Colorado law also prohibits driving under the influence of marijuana. If you are pulled over and found to be impaired by marijuana, you can be charged with a DUI, even if you are not actively smoking at the time. In Colorado, you are considered impaired if your blood contains five nanograms or more of THC (the active compound in marijuana) per milliliter. This is similar to the blood alcohol content (BAC) limit for alcohol impairment.
Driving while under the influence of marijuana is illegal in Colorado and can lead to serious consequences, including fines, jail time, and license suspension.
Penalties for Smoking Marijuana While Driving
If you are caught smoking marijuana while driving or are found to be under the influence of marijuana, the penalties can be severe. Here’s what you could face:
1. Fines and Fees
For a first DUI offense involving marijuana, you may face fines ranging from $600 to $1,000. In addition to the fines, there may be additional costs for court fees, drug education courses, and other related expenses. Repeat offenders will see these fines increase.
2. Jail Time
While first-time offenders may avoid jail time, repeat offenders or those with a high THC concentration in their system may be sentenced to up to one year in jail. This applies to cities across Colorado, including Commerce City, Denver, and Westminster, where local law enforcement is diligent about keeping roads safe from impaired drivers.
3. License Suspension
If convicted of a marijuana DUI, your driver’s license could be suspended for up to nine months for a first offense. Repeat offenses can lead to longer suspensions or even permanent revocation of driving privileges.
4. Increased Insurance Rates
A marijuana DUI conviction will also impact your car insurance. Following a DUI conviction, insurance companies often increase premiums due to the higher risk associated with impaired driving, making it more expensive to maintain coverage.
Safety Concerns: Why Driving Under the Influence of Marijuana is Dangerous
While marijuana affects individuals differently, it generally impairs judgment, slows reaction times, and reduces coordination—all of which are critical for safe driving. Some common effects of marijuana that make it dangerous to drive include:
- Slower Reaction Time: Marijuana can delay your ability to respond quickly to changes in traffic conditions, such as sudden stops or pedestrians crossing.
- Impaired Judgment: THC can alter your perception of time, distance, and speed, making it harder to make safe driving decisions.
- Decreased Coordination: Like alcohol, marijuana impairs motor skills, which are essential for steering, braking, and maintaining control of a vehicle.
Colorado’s roads, especially in busy urban areas like Aurora and Denver, can be hazardous enough without the added risk of impaired drivers. Choosing to drive while under the influence of marijuana endangers not only yourself but also other drivers and pedestrians.
Conclusion
While marijuana is legal in Colorado for recreational use, it is important to understand that smoking marijuana while driving is not allowed. Both open container laws and DUI regulations prohibit the use of marijuana behind the wheel, and violators can face serious legal and financial consequences. To keep Colorado’s roads safe, it’s essential to plan ahead—if you intend to consume marijuana, make sure you have a designated driver or use a rideshare service to avoid driving impaired.
If you’ve been charged with a marijuana DUI or have questions about how these laws apply to your situation, contact Flanagan Law for expert legal advice. Our team is here to help you navigate the legal process and protect your rights.
FAQ
Can I smoke marijuana in my car if I’m not driving?
No, Colorado’s open container laws prohibit the consumption of marijuana in a vehicle, even if you’re not driving. Marijuana must be kept in a sealed container and stored in a location that is not accessible to the driver.
What is the THC limit for driving in Colorado?
In Colorado, you are considered impaired if your blood contains five nanograms or more of THC per milliliter. Exceeding this limit can result in a DUI charge, even if you don’t feel impaired.
Can I be charged with a DUI if I have THC in my system but I’m not impaired?
Yes, even if you don’t feel impaired, you can still be charged with a DUI if you exceed the THC limit of five nanograms per milliliter of blood.
What should I do if I need to drive after using marijuana?
The safest option is to avoid driving altogether after using marijuana. If you’ve consumed cannabis, consider using a rideshare service or having a designated driver to ensure you are not impaired while behind the wheel.
Can my insurance rates increase after a marijuana DUI?
Yes, a marijuana DUI conviction is likely to lead to increased car insurance rates. Insurance companies view impaired drivers as higher risk, which can result in significantly higher premiums.
Driving under the influence of marijuana can have serious legal, financial, and safety consequences. For more information or legal assistance, contact Flanagan Law to protect your rights and ensure the best outcome for your case.
