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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.

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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.
  • C.R.S. 42-4-1305.5

A violation is a class A traffic infraction with a fine of $50.

  • C.R.S. 42-4-1305.5
Sources for this section (1)
  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.

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