Marijuana in the Car
C.R.S. 42-4-1305.5 — no using it or an open container in the passenger area, a class A traffic infraction and a $50 fine
In the passenger area of a vehicle on a public highway, no one may knowingly use marijuana or have an open marijuana container. A container is open when it is unsealed or partly emptied and there is evidence marijuana was consumed in the vehicle.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
- The passenger area includes the seating behind the driver and the glove compartment.
- Rear passengers in a vehicle for hire, and passengers in a motor home's living quarters, are outside the rule.
- So is an open container behind the last upright seat in a vehicle with no trunk.
A violation is a class A traffic infraction with a fine of $50.
Sources for this section (1)
- C.R.S. 42-4-1305.5 — Open marijuana container - motor vehicle - prohibited - definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.