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Tips on Driving with Marijuana in Colorado

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As Colorado embraces the legal recreational use of marijuana—an important experiment, according to President Obama, one of the issues yet to be clarified concerns driving around while in possession of the drug. The simple truth is you cannot just dump a plate of tinfoil-wrapped brownies in the passenger seat or stash a few joints in the glove compartment on your way home—especially if you’ve already sampled some of the goodies. Along with alcohol, Colorado has now issued a no open container law for marijuana as well.

An open container of alcohol is pretty easy to conceive, but what would an open container of marijuana look like?

All cannabis leaving a recreational marijuana store is supposed to be in an opaque, child-resistant bag with a clear label, so there could be signs if you’ve prematurely opened something directly from the shops. Since Coloradoans are legally allowed to possess one ounce of marijuana at a time though, that packaging rule may not apply to other transportation situations. If you’re driving over to a friend’s house, for instance, could you put your pot in a Tupperware container and consider that sealed?

According to the law, an open container includes anything containing marijuana—whether an edible, a vaporizer, or a traditional bag of kush—and which:

• Is open, or has a broken seal;
• Has contents that have been partially removed (a bite of a brownie, for example);
• Supplies evidence that marijuana has been consumed within the motor vehicle

Suffice it to say, the practical interpretation of this law remains incredibly ambiguous and that Tupperware box might not make the cut. Considering law enforcement will be aggressively trying to make examples of people in the first year or so of legalized pot, we urge you to keep your marijuana substances as far away from you as possible while driving. In fact, the best advice we can offer at this point is to put it all in the trunk. In vehicles without trunks, it is acceptable to have unsealed pot behind the very last row of seats, and it’s all right to have open weed in the living quarters of recreational vehicles as well.

Furthermore, while the fine for having an open container of pot might only be $50 (with a surcharge of $7.80), the reality is even a petty drug offense violates federal law and will always show up on your background checks. That, in turn, will affect your eligibility for federal student loans, hamper certain employment prospects, and possibly ban you from social benefits such as food stamps and public housing.

We cannot emphasize enough how long it might take to establish a standard application of the open container law, so, for now, please PUT IT IN THE TRUNK!

Tweet us with your marijuana legal questions @duimatters.

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