Can I give marijuana as a gift in Colorado?

Learn whether you can give marijuana as a gift in Colorado.

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Question

I have a bumper crop of pot plants going in my greenhouse in Greeley and I’m sure that, come “trimming” time, I will have more than an ounce of bud. I don’t want to get into selling, but can I just give away my surplus?

Answer

Yes, you have hit upon a generous and a wise option—a win/win, if you will.

Colorado Personal Use Law

As of its passage in 2013, the Colorado personal use amendment to the state constitution legalizes possession of up to one ounce of usable marijuana(in a form that may be smoked, eaten, or otherwise consumed) by anyone 21 years of age or older in the state. That law also makes it legal for anyone 21 or older to grow up to six plants, only three of which may be mature, flowering plants, in a locked enclosure. Assuming you meet those grow restrictions, you are a law-abiding pot grower for personal use.

For more details on Colorado's law, see Colorado Marijuana Laws.

Prohibition on sale except by licensed establishments

Becoming a licensed marijuana establishment that may sell the drug legally in Colorado is an involved process of application, inspection, fees, and other steps. It’s a much simpler matter to forego that option as you have elected to do. Don’t be tempted to sell even a little of your crop, as the penalties for illegal (that is, unlicensed) sale are quite harsh. It’s an illegal drug sale and Colorado law treats it that way, imposing hefty fines and possible prison time.

Gifting

The Colorado personal use law expressly allows a person 21 years of age or older to give up to one ounce of marijuana to another person 21 years of age or older. A nicely wrapped ounce of lovingly-tended Greeley greenery would likely not be one of those “white elephant” gifts that is swiftly re-gifted. Perhaps you can create your own version of the traditional holiday wreath or deck the halls with boughs of “Maui wowie?” Of course, if the recipient already has the legal limit of marijuana in his or her possession, he or she will have to pass your bud along to someone less well-supplied.

No Driving, No Minors

Just be sure that your gifts are not given to anyone under 21 years of age. And, don’t drive (or let your friends drive) under the influence of marijuana. That is a crime in Colorado.

Share Your Bounty Legally

A straightforward gift of up to one ounce of weed to another adult is legal in Colorado, but it is always wise to consult an attorney with knowledge of the laws that apply to you when you have questions. You may want to contact an experienced criminal defense lawyer in your area to explore this question further. And, happy holidays.

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