HOW TO CELEBRATE YOUR WEDDING DAY WITH CANNABIS


COLORADO CANNABIS WEDDING GUIDELINES EXPANDED


DISCLAIMER

INFORMATION LAST UPDATED: 11.01.16

This infographic contains general information about legal matters and none of the information provided herein is, or is intended to constitute legal advice or case-specific advice of any kind. We are not lawyers. The information shall be used at your own risk and shall not be treated as legal advice.

While information will be updated to the best of our ability, Love & Marij, LLC does not provide you with any warranty or assurance about the accuracy of the information contained herein. In particular, information may be incorrect, outdated, and/or may not constitute a definitive, accurate, or complete statement of the law.  If you are aware of any changes in laws, please contact us at: smile@loveandmarij.com.

Cannabis Disclosure. The information provided herein relates to legal matters that are state-specific. You represent that you are aware that US Federal law prohibits the use, possession, cultivation and distribution of cannabis. This includes medical and recreational cannabis. Although certain states have legalized medical and recreational cannabis, companies and individuals involved in the cannabis industry remain at risk of being prosecuted by Federal authorities even in so-called ancillary businesses which service or supply cannabis growers or sellers or otherwise aid or abet their activities. Such prosecution may concern a wide range of criminal, civil and regulatory violations. Each user of the information contained herein further represents that he/she/it is aware that federal policy and state laws governing medical and/or recreational cannabis may be unclear and ambiguous, are rapidly evolving, and subject to change.

Professional Assistance: You may not rely upon the information contained herein as an alternative to legal advice from your attorney or other professional legal services provider. Again, we are not lawyers. You should always retain competent counsel to obtain legal advice pertaining to cannabis and to assure regulatory compliance with regard to it. You should never delay in seeking legal advice, or commence or discontinue any action in reliance upon the information contained herein.

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GENERAL CANNABIS LAWS

PURCHASING & ACQUISITION

COLORADO PURCHASE & ACQUISITION LAWS

Limits: In a single sales transaction, with valid photo identification, the event host may purchase from a licensed retail marijuana store, up to:

  • (i) 1 oz. of retail marijuana
  • (ii) 8g of retail marijuana concentrate
  • (iii) 800mg of THC in retail marijuana products OR
  • (iv) a mix of these products that does not exceed the equivalent of 1 oz. of retail marijuana. 6
  • Non-edible, non-psychoactive Retail Marijuana Products including ointments, lotions, balms, and other non-transdermal topical products are exempt from the one-ounce quantity limitation on sales. 7

CO Retail Exclusivity: Only a retail marijuana store may sell retail marijuana and retail marijuana products.  Marijuana may not be acquired from out-of-state.

Homegrow and Production Permitted: An event host may also homegrow marijuana and produce homemade marijuana products for the wedding on Colorado private property, not openly or publicly, according to the homegrow limits; 8 or an event host may receive marijuana items as gifts without remuneration to be used for the wedding (see Gift subsection).

Purchasing/Acquisition Exemption: “Industrial hemp” is exempted from the Controlled Substances Act and all of its penalties, 9 and thus a person may purchase or acquire an unlimited amount of “industrial hemp,” marijuana with up to a 0.3% THC concentration, and products made from it, with no restrictions. This includes nonedible, nonpsychoactive retail marijuana products, like ointments, lotions, balms, and other nontransdermal topical products, with have no retail marijuana store transaction restrictions. 10 High-CBD products derived from industrial hemp, with up to 0.3% THC concentration are not regulated by the MED and included as well. 11

TIP: Not all localities allow retail marijuana stores, so the event host should check for access near the wedding venue. 12

TIP: For homemade marijuana products, stick to the limits of 8g of marijuana concentrate or 800mg of THC in marijuana products so as to stay under the 1 oz. marijuana limit.

FIND A LEGAL CANNABIS DISPENSARY HERE

POSSESSION

CANNABIS POSSESSION IN COLORADO

Hosting: An event host must be an adult (21+) to possess retail marijuana and retail marijuana products 1

Residency/Visitors: CO residency for possession is not required.

Limits: The event host and other adults (21+) may possess up to:

  • (i) 1 oz. of “retail marijuana;”
  • (ii) 8g of “retail marijuana concentrate;”
  • (iii) 800mg of THC in “retail marijuana products;” OR
  • (iv) a mix of these products that does not exceed the equivalent of 1 oz. of “retail marijuana.” 2

For adults, marijuana accessories are exempted from the prohibitions against possession and sale of drug paraphernalia. 3

Homegrow Permitted/Limits: adults (21+) may homegrow their own marijuana, each adult up to three (3) mature, flowering plants and up to three (3) immature plants. Homegrow is permitted in an enclosed, locked space, not openly or publicly (i.e., not be grown outside in a non-greenhouse) and may not be sold commercially. 4

Possession Exemption: “Industrial hemp” is exempted from the Controlled Substances Act and all of its penalties, 5 and thus a person may possess an unlimited amount of “industrial hemp,” which includes marijuana with up to a 0.3% THC concentration, and products made from it, including topical products, with no restrictions.

 

CONSUMPTION

COLORADO CANNABIS CONSUMPTION LAWS

Consumption Permitted: Consumption (which includes smoking and ingestion of an edible) may occur on private property, with the approval of the property owner; 18 Consumption may not occur “openly and publicly,” which generally means not in a public place.

CO has not defined “openly and publicly”and the MED task force disagrees about the public nature of porches, decks, and yards in private homes where members of the public may clearly view and smell adults smoking marijuana or consuming marijuana products.  19 

  • Local governments have defined “openly and publicly” and have included restrictions on public consumption.
  • Denver defines “openly” as” occurring or existing in a manner that is unconcealed, undisguised, or obvious; “publicly” as “occurring or existing in a public place;” or “ in any outdoor location where the consumption of marijuana is clearly observable from a public place;” and “public place” as “a place to which the public or a substantial number of the public have access, and includes but is not limited to streets and highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings or facilities.” 20
  • In Denver, on residential private property, retail marijuana consumption is allowable in any outdoor location, such as in the backyard or outside on a porch or balcony, where the person has been granted express or implied permission by the property owner or lessee, but is otherwise illegal. On private non-residential property, marijuana consumption is illegal in any outdoor location if it is clearly observable from a public place. 21
  •  While Denver has some of the most restrictive public consumption laws in the state, neighboring localities, such as Glendale and unincorporated Adams County, are permissive to state-compliant public consumption events.

Under state law, “openly and publicly” includes: sidewalks, parks, amusement parks, ski resorts, concert venues, businesses, restaurants, cafes or bars, common areas of apartment buildings or condominiums. 22

Private property includes other types of property (those that are not considered “openly and publicly”), and includes private residences, especially where the property owner clearly holds it out as private property.

Permission Required: Possession and consumption are permitted on private property with the permission of the owner, who is allowed to prohibit it. Consumption may be indoors or outdoors, but not “openly or publicly.”

Rental Properties: Adults may be prohibited from consuming marijuana on a rental property. 23

Business Properties: Use of marijuana on a business’ property may be considered public and thus illegal, depending on the circumstances. 24

Retail Marijuana Stores Prohibited: Consumption is prohibited at retail marijuana stores, and retail marijuana stores may not provide public premises for consumption. 25

Federal Land Prohibited: Consumption on federal land, including national parks, national forests, and ski slopes, also remains illegal, and most risky, because of the likelihood federal law enforcement interactions.

Indoor Consumption: indoor consumption that involves smoking marijuana is also subject to the Colorado Clear Indoor Air Act (CCIAA), although consumption of edibles is not, and only needs to satisfy the above requirements.26 The CCIAA prohibits smoking in public places27 as well as in any “place of employment.”28

Local Law Applies Too: Localities have also passed local smoking laws with additional restrictions. This could mean that any consumption done indoors in front of workers employed for the wedding, even in a venue that is a private residence, could be disallowed by the CCIAA.

CCIAA Exemptions: Exempted from indoor consumption restrictions are: 29

  • private homes
  • private residences
  • private automobiles
  • limousines under private hire
  • a hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent
  • any retail tobacco business
  • a cigar-tobacco bar
  • an airport smoking concession
  • the outdoor area of any business;
  • a place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees
  • a private, nonresidential building on a farm or ranch that has an annual gross income of less than five hundred thousand dollars.Vape Pens: vape pens that vaporize cannabinoids are not included in the CCIAA definition of “smoking” and not subject to the same rules under state law and allowable in legal marijuana consumption spaces. However, some localities have included vaping cannabinoids in their indoor smoking regulations, so it would be similarly banned in those localities. 30

 

TIP: The event host may contact the local public health agency to check if a consumption plan is allowable under the CCIAA. 31

TIP: The event host should check with the city or county on its definition of “openly and publicly” since that policy will be determinative.

TIP: Where a privately owned business on private property that generally allows walkin customers fully rents out all of its space to the wedding, post signs on ALL entrances that the business is CLOSED for a private party and do not permit consumption in an area that is clearly observable from a public place. To ensure that there is no access to the space by the public, the event host may want to post monitors at all entrances to restrict entry to invited guests.

TIP:  If only a neighbor in his residence next door can see indoor consumption through the side window of a private residence, that consumption would arguably be allowed and would not be “clearly observable from a public place” because a next door neighbor is not the public nor in a public place. However, if a passerby on the street could see the indoor consumption, it would be “clearly observable from a public place” and prohibited by those localities with that definition, unless the windows were opaque or the shades drawn throughout the event.

Permission Required: Possession and consumption are permitted on private property with the permission of the owner, who is allowed to prohibit it. Consumption may be indoors or outdoors, but not “openly or publicly.”

TRANSPORTING CANNABIS

COLORADO CANNABIS TRANSPORTATION LAWS

Transportation Permitted/Limits: Retail marijuana that is legally grown, gifted or purchased at a retail marijuana store may be transported by an adult (21+) in their own vehicle, up to 1 oz per adult. 52

DUI-Drug Prohibited: It is illegal:

  • (i) to drive under the influence of or while impaired by marijuana; OR
  • (ii) to consume marijuana in a moving vehicle (that is not a partitioned vehicle-for-hire). 53
In Colorado, if, within a reasonable time after driving, the driver’s blood contains at least 5ng of THC/mL of whole blood, it will serve as a “permissible inference” of DUI-D in court. 54
Open Container: The “marijuana open container” law allows marijuana in its original container, unopened, seal unbroken, with all of its contents accounted for, to travel in the passenger compartment of a vehicle on the highway. All other marijuana must be in the trunk or another area not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk. 55
Open Container: The “marijuana open container” law allows marijuana in its original container, unopened, seal unbroken, with all of its contents accounted for, to travel in the passenger compartment of a vehicle on the highway. All other marijuana must be in the trunk or another area not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk. 55

Interstate Travel and Intrastate Air Travel Prohibited: Marijuana may not be transported to another state or from out-of-state. 56 This includes not flying with marijuana out of a Colorado airport.

  • Denver Airport posts signs stating that violators face a $999 fine if caught with marijuana.
  • The Colorado Springs Airport prohibits flying with marijauna but provides “amnesty boxes” in which passengers can anonymously discard their marijuana before boarding a flight without facing any civil or criminal penalty or missing their flight.

Delivery Prohibited: Delivery from a retail marijuana store to adult consumer is currently prohibited. 57

GIFTING

GIFTING CANNABIS IN COLORADO

Gifting Permitted: The event host or an associate may gift/deliver marijuana items to other adults at an event without receiving any remuneration. 13

Limits: delivery 14 of up to:

  • (i) 1 oz of retail marijuana;
  • (ii) 8g of retail marijuana concentrate;
  • (iii) 800mg of THC in retail marijuana products; OR
  • (iv) a mix of these products that does not exceed the equivalent of 1 oz. of retail marijuana.

Transferring or dispensing more than 1oz but less than 2oz is a“drug petty offense” and not deemed dispensing or sale thereof. 15  Exceeding the 2oz limitation is punishable as a Class 2 misdemeanor.

Gifting Exemption: “Industrial hemp 16” is exempted from the Controlled Substances Act and all of its penalties, 17 and thus a person may gift an unlimited amount of “industrial hemp,” marijuana with up to a 0.3% THC concentration, and products made from it, including high-CBD products, with no restrictions. This includes nonedible, nonpsychoactive retail marijuana products, like ointments, lotions, balms, and other nontransdermal topical products, which have no retail marijuana store transaction restrictions.

LAWFUL LOCATIONS TO CONSUME CANNABIS ON YOUR EVENT DAY

WEDDING & EVENT VENUES

COLORADO VENUES WITH A LIQUOR LICENSE

The law is unclear with respect to whether recreational marijuana may be served or consumed on property with a liquor license. 32 As such locations may be considered “public,” the event host should confirm with the locality on locations deemed “open and public.” Possession by adults on their person (within applicable limits) is permissible. 33

COLORADO PRIVATE VENUES WITHOUT A LIQUOR LICENSE

It is unlikely that private residences (and arguably other non-public places that fit the criteria) are required to get a liquor license where alcohol is served for free, based on the Colorado Department of Revenue Enforcement Division materials. 34

Such locations, with the express approval of the property owner, 35 can arguably allow service and consumption of both alcohol and recreational marijuana to adult (21+) guests, if: 36

  • (i) the local jurisdiction confirms that the venue is not considered “a public place;”
  • (ii) the local jurisdiction confirms that the planned marijuana consumption
    • (a) does not violate its “public view” criteria, if any, and
    • (b) complies with the CCIAA, meaning, it is not a “place of employment,” an enclosed area under the control of an employer in which employees perform services for the employer; 37 AND
  • (iii) no remuneration is received for any marijuana. 38

If a caterer is used, it may provide food service, but not alcohol. 39 The event host must instead provide the alcohol.

TIP: Keep track of regulations. This November, Denver will vote on Measure 300, which would amend its ordinance to affirmatively allow regular businesses, such as bars, cafes, or even yoga studios, to create indoor or outdoor (but not visible from a public right-of-way or a place where children congregate) BYOC consumption areas, where they have a permit backed by a neighborhood group and still comply with the CCIAA. It would be 4-year pilot program. 40 HB 16-1092, a state bill that would authorize retail marijuana special event permits also been introduced but has made no progress. 41

Bud + Breakfast

Hotels & Lodging, Venues

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BEAUTY SALONS & BARBER SHOPS

COLORADO BEAUTY SALONS AND BARBER SHOPS

BYOC Permitted: A beauty salon owner may allow the event host and other adults to bring their own legal amount of recreational marijuana and consume it indoors, where it is not “clearly observable from a public place,” (if that requirement applies), and where the entire property is truly closed off for the private party. The owner should put a sign on any entrance saying, “CLOSED for a private affair” and a phone number for customers to call with questions.

CCIAA Applies UNLESS Exempted: the CCIAA would likely qualify the beauty shop as a “place of employment,” which means that smoking in the beauty shop itself would not be allowed, unless it was “under the control of an employer that employs three or fewer employees,” in which case it would qualify for a CCIAA exemption.o Outdoor Areas Exempted: if considered a “place of employment,” adults may smoke in a private backyard to the shop, if the backyard is outside of public view.42

  • Edibles Permitted: The CCIAA would not affect the legality of consuming edibles inside the beauty shop.
  • Liquor Unclear: whether alcohol may be served in addition to marijuana depends on whether the local jurisdiction considers a business with a liquor license or permit to be a “public place” – the event host should check with the local jurisdiction.

TIP:  The event host should confirm with the local jurisdiction that a beauty shop, closed to the public, would not be considered a “public place.”

TIP:  The event host should contact the local public health staff to confirm whether particular salon qualifies for an exemption under the CCIAA’s prohibition on indoor smoking, due to the small number of employees.

TIP:  The event host should contact the local public health staff to confirm whether a private residence or hotel suite constitutes a “place of employment” while a stylist is employed there. 43 If deemed a “place of employment,” while the employee is there, the event host and other adults could smoke marijuana while the stylist is not in the room, and clear the air each time with fans.

TIP: Ask stylists to travel and perform styling services for the event host and other adults in a private hotel suite or private residence that allows for marijuana consumption on site, so long as the stylist does not sell any marijuana. Consumption of free alcohol in this room is also allowed.

FIND A CANNABIS FRIENDLY STYLIST

HOTELS & LODGING

COLORADO HOTEL & LODGING LAWS

Room Interiors: Hotel owners may allow recreational marijuana consumption within the privacy of an individual’s hotel room. The CCIAA affirmatively allows the owner of a hotel to designate up to 25% of its rooms as “smoking” rooms, where smoking marijuana is allowed. 44 Event host should ascertain hotel policies.

A hotel room would not be considered to be a public place if such a local restriction existed.

Room Balconies: Marijuana consumption on hotel balconies is not permitted if the balconies are “clearly observable from a public place,” including the street and hotel hallways and lobbies, in localities such as Denver that have that requirement. 45 In those localities, outdoor marijuana consumption visible from a public place will also be prohibited.

TIP: Select a 420-friendly hotel. Certain Colorado hotels list themselves as friendly to marijuana smoking in their enclosed courtyards and to edible consumption indoors. 46

Bella Vista Estate

Hotels & Lodging, Venues

Bud + Breakfast

Hotels & Lodging, Venues

FIND CANNABIS FRIENDLY LODGING

LIMOS & TAXIS

COLORADO LIMO & TAXI LAWS

Consumption in a parked private vehicle by an adult (21+) passenger (with no intent to drive) in the parking lot or driveway of an allowable private property, with permission of the owner, is legal, except where it is “clearly observable from a public place” such as the street, in jurisdictions that have that requirement such as Denver. 47

CO law explicitly allows marijuana consumption by non-drivers in stationary limousines or mobile homes with tinted windows. 48 It is possible that such vehicles may even be parked on the public street, but the event host should check with the local jurisdiction on whether that would be considered “openly or publicly.”

Any consumption in a private limousine or vehicle-for-hire, in the partitioned passenger compartment, must also comply with any local regulation. Some localities, fully ban smoking anything and use of intoxicants in all of their vehicles-for-hire, while others do not. 49

TIP:  Consumption in a private vehicle-for-hire is compliant with the CCIAA, which exempts limousines for hire, but compliance with local smoking regulations is required. 50 The event host should check with the local jurisdiction and ascertain limo/party bus policies. 51

Cultivating Spirits

Cannabis Friendly Date & Bachelor/ette Party Experiences, Event Planners

Green Tripz

Cannabis Friendly Date & Bachelor/ette Party Experiences, Limos

Loopr

Limos, Venues

FIND CANNABIS FRIENDLY TRANSPORTATION

SHARE CANNABIS WITH YOUR GUESTS THROUGH GIFTING

CATERING WITH CANNABIS

CATERING WITH CANNABIS IN COLORADO

Production Limits:  At their private residence or other private property, the event host or another assisting adult may use up to:

  • (i) 1 oz. of retail marijuana;
  • (ii) 8g of retail marijuana concentrate;
  • (iii) 800mg of THC in retail marijuana products; OR
  • (iv) or a mix of these products to make up to 800mg of THC in edible retail marijuana products. 58

The event host may then bring these edibles, to their cannabar for gifting (not sale) to guests. Assisting adults may do so as well, following gifting rules, including limits. 59 Prohibitions on processing manufacturing concentrates that apply to retailers likely apply, but the law is unclear. 60

Purchased Edibles Permitted:  The event host and other assisting adults may also purchase up to 800mg of THC of edible retail marijuana products (per person), at a retail marijuana store and each bring them to the cannabar for gifting (not sale) to adult guests. Only a retail marijuana store may sell edibles.  All other edibles must be gifted.

Gifts to Assisting Chefs:  The event host elect for a chef to create cannabis infused products and may gift to an assisting chef up to:

  • (i) 1 oz. of retail marijuana;
  • (ii) 8g of retail marijuana concentrate;
  • (iii) 800mg of THC in retail marijuana products; OR
  • (iv) or a mix of these products to make up to 800mg of THC in edible retail marijuana products. 61

Since homemade manufacture of edibles is not explicitly protected by law, the chef will bear the least risk only possessing and cooking in his private RESIDENCE, which is not “open or public.”

Financial Consideration Prohibited: An assisting chef may gift edibles, according to possession limits, back to the event host and also to other assisting adults to be used for the cannabar without receiving any remuneration. 62

Marijuana Surcharge Prohibited:  An assisting chef should charge his standard rate to the event host for the non-marijuana ingredients and for his time in cooking them, but he CANNOT add any fees for his time spent working with the marijuana or any fee reflecting the price of the marijuana. It is least risky for the chef to truly gift the edibles to the event host, and to charge no fee at all for their preparation, as only retail marijuana stores are allowed to sell edibles.

Public View Prohibited:  All edibles must be consumed on private property, and not in public view.

TIP: Homemade marijuana processor should not exceed concentration limits observed by licensed retail marijuana stores, not only staying under 800mg of THC in total edibles, but also dividing up the edibles such each single serving only contains 10mg of THC. 63 He should accurately measure the THC content before gifting the edibles to.

TIP:  Neither the event host nor a chef should produce edibles using an “inherently hazardous substance.” This is any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than 38* Celsius or 100* Fahrenheit, including butane, propane, and diethyl ether but excluding all forms of alcohol and ethanol. 64 It is least risky to only use low-risk cooking substances such as butter or oil.

TIP: Like food and wine pairing, you can select cannabis strains or edibles to pair with your food and wine menu.

FIND CANNABIS FRIENDLY CATERING OPTIONS

Cultivating Spirits

Cannabis Friendly Date & Bachelor/ette Party Experiences, Event Planners

FLORISTS & BOUQUETS

COLORADO FLORIST GIFTING LAWS

Limits:  The event host may gift to a florist up to 1 oz. of marijuana to possess for the purpose of creating floral arrangement(s). 65 Check with the local authority to confirm whether the flower shop is considered “open and public.” Possession at the florist’s residence is least risky, as it is not “open and public.” 66

Financial Consideration Prohibited: The florist may gift these arrangements, with no more than 1 oz. of marijuana, back to the event host and also to other assisting adults to be used without receiving any remuneration. 67

Marijuana Surcharge Prohibited: A florist should charge their standard rate to the event host for the flowers and for their time in arranging the bouquet, but they may not add any additional fees for time spent working with the marijuana or any fee reflecting the price of the marijuana. It is least risky for the florist to truly gift the arrangements to the event host, and to charge no fee at all for their preparation.

TIP: Protect minors. The concept of a marijuana flower arrangement may contradict the security measures taken to keep marijuana separate from non-consuming or minor wedding guests, either on an adult’s person, behind a canna-bar, or in the consumption area.

FIND A CANNABIS FRIENDLY FLORIST

GIFT CANNABIS AT A CANNABAR (SEPARATE FROM YOUR ALCOHOL BAR)

COLORADO CANNABAR LAWS

SALE Prohibited: NO SALE OF MARIJUANA MAY OCCUR at the CannaBar.

CannaBar Permitted: The event host may host a canna-bar on a private property and gift marijuana, including marijuana she home grew, to her guests so long as the possession, cultivation/purchase and transportation of the marijuana was done legally and the amount of marijuana given to any one adult does not exceed 1 oz or its equivalent. 68

Service/Function: A canna-bar may function such that each assisting adult may bring the 1 oz. to the canna-bar, and he may distribute it by himself or with a budtender, until it is given away, and then another assisting adult may take his place. Groups of possessing adults may give away marijuana to guests at the same time, as long as who possesses what marijuana is clearly delineated.

Budtenders: An adult budtender who is employed at a licensed marijuana business must obey all recreational marijuana laws or regulations. While he may not gift marijuana at a liquor-licensed location, there does not appear to be a prohibition under the recreational marijuana laws in his budtending in his private time and assisting with gifting no more than 1 oz. of legally grown, gifted or purchased marijuana to an adult at a canna-bar at a private event. 69 The marijuana retailer employee should avoid transporting any marijuana to the event.

Budtender Compensation/CCIAA Compliance: If the event host sought to pay the budtender for his services, and consumption occurs around him, it is possible it might violate the CCIAA, which prohibits smoking in a “place of employment.” 70 Thus, exemptions to the CCIAA likely apply.

TIP: An event host and others risk the least possible liability by having each individual possess only 1 oz. of retail marijuana or its equivalent on their persons at all times until it has been given away, assisting with the canna-bar in turn.

TIP: A consumption tent outside the venue with a budtender paid under separate contract from other wedding staff could qualify as a “private residence,” “the outdoor area of any business,” and the “place of employment that is not open to the public and that is under the control of an employer that employs three of fewer employees” exemptions to the “place of employment” restriction under the CCIAA.

TIP: the event host should post signs that read: “Retail marijuana or retail marijuana products May Not Be Consumed In Public” at the canna-bar, and at every exit.

TIP: To encourage legal compliance by the adult guests in addition to the event host, an insert with any gifted marijuana should be distributed including the following statements:

  • “Do not take any marijuana out-of-state.”
  • “Do not possess more than 1oz of marijuana or its equivalent.”
  • “Do not consume marijuana in a public.”
  • “Do not drive after consuming marijuana.”
FIND VENDORS TO STOCK YOUR CANNABAR

WELCOME BAGS & THANK YOU GIFTS

COLORADO THANK YOU GIFT RECOMMENDATIONS

Gifting Permitted: The event host or an associate may gift/deliver marijuana items to other adults at an event without receiving any remuneration. 13

Limits: delivery 14 of up to:

  • (i) 1 oz of retail marijuana;
  • (ii) 8g of retail marijuana concentrate;
  • (iii) 800mg of THC in retail marijuana products; OR
  • (iv) a mix of these products that does not exceed the equivalent of 1 oz. of retail marijuana.o Transferring or dispensing more than 1oz but less than 2oz is a“drug petty offense” and not deemed dispensing or sale thereof. 15

Exceeding the 2oz limitation is punishable as a Class 2 misdemeanor.

Gifting Exemption: “Industrial hemp 16” is exempted from the Controlled Substances Act and all of its penalties, 17 and thus a person may gift an unlimited amount of “industrial hemp,” marijuana with up to a 0.3% THC concentration, and products made from it, including high-CBD products, with no restrictions. This includes non-edible, non-psychoactive retail marijuana products, like ointments, lotions, balms, and other non-transdermal topical products, which have no retail marijuana store transaction restrictions.

FIND THE PERFECT THANK YOU GIFT

RESPONSIBLE GIFTING PRACTICES

MINORS AT WEDDINGS & CANNABIS EVENTS

General Prohibition: A minor may not possess retail marijuana and no adult at the event may deliver marijuana to a minor. 71 No adult should consume marijuana in front of a minor.

Responsibility: Like serving alcohol, it is the responsibility of the event hosts & parents to make sure that minors are distanced from and have no access to marijuana.

TIP: Specify on the invitation that minors will not be permitted to attend the wedding; maintain entrance security to ensure this.

TIP: If minors are permitted to attend the wedding, ensure safety and compliance by:

  • Mentioning on the invitation that adults intending to possess or use marijuana should bring photo identification.
  • Maintain a budtender on staff to check IDs and keep control of all marijuana being served (with the the same level of scrutiny as a retail marijuana store). 72
  • Create a private 21+ section for the canna-bar and all marijuana consumption so as to avoid minors being exposed to smoke or acquiring marijuana. A fully enclosed tent outside, with consumption protected from public view may be best, so as to remove any possibility of smoke reaching a minor.
  • Post signs around the entrance to the 21+ section that reads: “No Minors Permitted in this Area.”

TIP: A partitioned limousine with tinted windows or mobile home with drawn shades parked in an allowable place would also segment consumption away from minors (See Taxis & Limos section).

RESPONSIBLE GIFT PACKAGING

TIP: Avoid violation of “public view” and “odor” laws by gifting cannabis to vendors and guests in child-proof & odor-proof packaging.
FIND PROPER PACKAGING

RESPONSIBLE DOSING

EDIBLES: Start Low and Go Slow!
  • Guests that are new to edibles should consume no more than 3-5mg of THC.
  • It may take up to 2 hours to START feeling the effects of cannabis edibles.

DEFINITIONS, RESOURCES & CITATIONS

DEFINITIONS

COLORADO DEFINITIONS

“Delivery” is the transfer, actually or constructively, from one person to another of marijuana.  C.R.S. § 18-18-102 (7).

“Edible Retail Marijuana Product”  means any Retail Marijuana Product which is intended to be consumed orally, including but not limited to, any type of food, drink, or pill. It includes a Liquid Edible Retail Marijuana Product and a Sub-Lingual Edible Retail Marijuana Product, which is 2 oz. or less of liquid per package, contain 5 mg or less of active THC per serving, utilize a dropper or spray delivery method and are intended to be placed under the tongue. 1 CCR 212-1, R 103.

“Immature plant”  means a nonflowering marijuana plant that is no taller than eight inches and no wider than eight inches, is produced from a cutting, clipping, or seedling, and is in a cultivating container.”

“Industrial hemp” means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta‐9 tetrahydrocannabinol concentration that does not exceed three‐tenths percent on a dry weight basis. CO Constitution, Article XVIII, § 16 (2) (d).

“Marijuana concentrate” means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. C.R.S. § 18-18-102 (19).

“Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. CO Constitution, Article XVIII, § 16 (2) (k)

“Remuneration” means anything of value, including money, real property, tangible and intangible personal property, contract rights, choses in action, services, and any rights of use or employment or promises or agreements connected therewith.” C.R.S. § 18-18-102 (31).

“Place of employment” is any enclosed area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer. C.R.S. § 25-14-203 (10),(12).

“Retail Marijuana Concentrate” means a specific subset of Retail Marijuana that was produced by extracting cannabinoids from Retail Marijuana. It includes Water-Based Retail Marijuana Concentrate (extraction using only water, ice or dry ice), Food-Based Retail Marijuana Concentrate (extraction using propylene glycol, glycerin, butter, olive oil or other typical cooking fats) and Solvent-Based Retail Marijuana Concentrate (extraction using a solvent approved by the Division pursuant to Rule R 605). 1 CCR 212-1, R 103.

“Retail Marijuana Product” means a product that is comprised of Retail Marijuana and other ingredients and is intended for use or consumption, such as, but not limited to, edible product, ointments and tinctures. 1 CCR 212-1, R 103.


RESOURCES

ENFORCEMENT AUTHORITIES & RELEVANT CONTACT INFORMATION

LAWS INSIDE OF A LICENSED CANNABIS FACILITY 

The MED is the enforcement authority for:

  • (i) retail marijuana stores;
  • (ii) venues with liquor licenses; and
  • (iii) a budtender who is a retail marijuana store employee.

Colorado Marijuana Enforcement Division (MED) Denver Office
1697 Cole Blvd., Suite 200
Lakewood, CO 80401

(303) 866-3330

https://www.colorado.gov/pacific/enforcement/contact-us-marijuana-enforcement

https://www.colorado.gov/pacific/enforcement/marijuanaenforcement

http://goodtoknowcolorado.com/

LAWS OUTSIDE OF A LICENSED CANNABIS FACILITY 
City and county law enforcement, and occasionally the Colorado State Police, are the enforcement authorities for all other conduct by non-licensees that occur outside marijuana businesses.

COLORADO STATE PATROL

https://www.colorado.gov/pacific/csp/public-information-officer

 

Colorado Department of Public Health and Environment (CDPHE) local agencies

https://www.colorado.gov/pacific/cdphe/categories/services-and-information/find-your-local- public-health-agency

 

COLORADO CITY ORDINANCE WEBSITES

http://www.cml.org/issues.aspx?taxid=11076

 

COLORADO COUNTY ORDINANCE WEBSITES

http://ccionline.org/info-center-library/research-miscellaneous-publications/

Denver’s Ordinance

https://www.denvergov.org/content/denvergov/en/denver-marijuana-information.html

 

NORML Colorado State Laws & Penalties

http://norml.org/laws/item/colorado-penalties

 


WORKS CITED

1 C.R.S. § 18‐18‐102 (19). 1 CCR 212‐1, R 103. CO Constitution, Article XVIII, § 16 (2) (k) 1 CCR 212‐1, R 103. 1 CCR 212‐1, R 103.

2 Possession in excess of those quantities is illegal, punishable by a level 4 felony, or level 1 or 2 misdemeanors. 18‐18‐406(4),(5). CO Constitution, Article XVIII, § 16 (3)(a). “ One ounce of Retail Marijuana flower shall be equivalent to eight grams of Retail Marijuana Concentrate. b. One ounce of Retail Marijuana flower shall be equivalent to 80 ten‐milligram servings of THC in Retail Marijuana Product.” 1 CCR 212‐2, R 402 (C), Proposed Rules (Aug. 26, 2016) https://www.colorado.gov/pacific/sites/default/files/20160826_RetailRuleRedlinesHearing.pdf. http://durangogreenery.com/news/new‐year‐means‐new‐rules‐for‐colorado‐marijuana‐sales‐limits.

3 CO Constitution, Article XVIII, § 16 (2) (g), (4)(a). C.R.S. § 18‐18‐426 (2).

4 CO Constitution, Article XVIII, § 16 (3)(b). C.R.S. § 12‐43.4‐103 (2). https://www.colorado.gov/pacific/marijuana/home‐grow‐laws. https://www.colorado.gov/pacific/marijuanainfodenver/marijuana‐retailers‐home‐growers.

5 CO Constitution, Article XVIII, § 16 (2) (d).

6 C.R.S. § 12‐43.4‐402. (3) (a) (I). CCR 212‐2, R 402 (C), Proposed Rules (Aug. 26, 2016) https://www.colorado.gov/pacific/sites/default/files/20160826_RetailRuleRedlinesHearing.pdf.

7 C.R.S. § 12‐43.4‐402. (3) (a) (I). CCR 212‐2, R 402 (C), Proposed Rules (Aug. 26, 2016) https://www.colorado.gov/pacific/sites/default/files/20160826_RetailRuleRedlinesHearing.pdf.

8 CO Constitution, Article XVIII, § 16 (3)(b).

9 “Industrial hemp” means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta‐9 tetrahydrocannabinol concentration that does not exceed three‐tenths percent on a dry weight basis. CO Constitution, Article XVIII, § 16 (2) (d).

10 “A retail marijuana store may not sell more than one ounce of retail marijuana or its equivalent in retail marijuana products, including retail marijuana concentrate, except for nonedible, nonpsychoactive retail marijuana products, including ointments, lotions, balms, and other nontransdermal topical products during a single transaction to a person.” C.R.S. § 12‐43.4‐402. (3) (a) (I).

11 https://www.colorado.gov/pacific/sites/default/files/Statement%20of%20Position%20‐ %20Content%20of%20MJ%20and%20Products%20June%2020%202014.pdf.

12 Localities that allow retail marijuana businesses. https://www.colorado.gov/pacific/sites/default/files/Local%20Authorities%20Allowing%20Retail%200815 2016_4.pdf.

13 C.R.S. § 18‐18‐102 (31).

14 C.R.S. § 18‐18‐102 (7).C.R.S. § 12‐43.3‐901(2). CO Constitution, Article XVIII, § 16 (3)(c).

15 C.R.S. § 18‐18‐406 (c). C.R.S. § 18‐1.3‐501.

16 C.R.S. § 12‐43.4‐402. (3) (a) (I).

17 CO Constitution, Article XVIII, § 16 (2) (d).

18 “Notwithstanding any other provision of law, the following acts are not unlawful . . . for persons twenty‐ one years of age or older: Consumption of marijuana provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.” CO Constitution, Article XVIII, § 16 (3) (d). “Except as described in section 18‐1‐711, a person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a drug petty offense and, upon conviction thereof, shall be punished by a fine of up to one hundred dollars and up to twenty‐four hours of community service.” C.R.S. §

18‐18‐406 (5)(b) (I). This may be punishable by 24 hours of community service, as well as a maximum fine of $100. https://www.leafly.com/news/cannabis‐ 101/public‐consumption‐laws‐a‐state‐by‐state‐guide

19

the public may clearly view and smell adults smoking marijuana or consuming marijuana products.19

Local governments have defined “openly and publicly” and have included restrictions on public consumption.

  • Denver defines “openly” as” occurring or existing in a manner that is unconcealed, undisguised, or obvious; “publicly” as “occurring or existing in a public place;” or “ in any outdoor location where the consumption of marijuana is clearly observable from a public place;” and “public place” as “a place to which the public or a substantial number of the public have access, and includes but is not limited to streets and highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings or facilities.”20
  • In Denver, on residential private property, retail marijuana consumption is allowable in any outdoor location, such as in the backyard or outside on a porch or balcony, where the person has been granted express or implied permission by the property owner or lessee, but is otherwise illegal. On private non-residential property, marijuana consumption is illegal in any outdoor location if it is clearly observable from a public place.21
  • While Denver has some of the most restrictive public consumption laws in the state, neighboring localities, such as Glendale and unincorporated Adams County, are permissive to state-compliant public consumption events.

o Under state law, “openly and publicly” includes: sidewalks, parks, amusement parks, ski resorts, concert venues, businesses, restaurants, cafes or bars, common areas of apartment buildings or condominiums.22

o Private property includes other types of property (those that are not considered “openly and publicly”), and includes private residences, especially where the property owner clearly holds it out as private property.

https://www.denvergov.org/sirepub/cache/2/czsbj4fly4dxtaqwy3lari55/48486010252016124424644.PDF

20 Denver Revised Municipal Code, § 38‐175. “Public place” definition is from C.R.S. § 18‐1‐901 (3)(n),

https://www.denvergov.org/Portals/695/documents/Summary%20MARIJUANA%20Dec%202013%20amendments.pdf

21 https://www.leafly.com/news/cannabis‐101/public‐consumption‐laws‐a‐state‐by‐state‐guide
22 https://www.colorado.gov/pacific/marijuana/laws‐about‐marijuana‐use

23 https://www.colorado.gov/pacific/marijuana/laws‐about‐marijuana‐use

24 https://www.colorado.gov/pacific/marijuana/business‐and‐property‐owners

25 C.R.S. § 12‐43.4‐402 (9). C.R.S. § 12‐43.4‐901 (1), (4)(c).

26 C.R.S. § 25‐14‐201 et seq. C.R.S. § 25‐14‐203 (16). http://www.edgewaterco.com/index.asp?SEC=38436C56‐EA59‐499B‐9765‐ AD1311CFAE24&DE=C410104F‐9992‐4035‐8A29‐DCD8DC4EF92F&Type=B_BASIC.

27 The CCIAA does not use the term “public place” and instead just includes a very broad list of places in C.R.S. § 25‐14‐204.

28 C.R.S. § 25‐14‐203 (10),(12).

29 C.R.S. § 39‐1‐102. C.R.S. § 25‐14‐205(1

30 http://www.westword.com/news/public‐vape‐pen‐use‐bans‐in‐colorado‐14‐cities‐and‐counting‐ 7502353

31 https://www.colorado.gov/pacific/sites/default/files/Indoor%20air%20LE%20Key%20Points_0.pdf.

32 https://www.colorado.gov/pacific/enforcement/liquor

33 CO Constitution, Article XVIII, § 16 (3)(a).

34 https://www.colorado.gov/pacific/enforcement/liquor. C.R.S. § 12‐48‐101 et seq. Further, C.R.S. § 12‐48‐108

35  CO Constitution, Article XVIII, § (6)(d).

36  CO Constitution, Article XVIII, §(3)(c)

37  C.R.S. § 25‐14‐203 (10),(12).

38  C.R.S. § 18‐18‐102 (31).

39  http://www.coloradocatering.net/weddinghowitworks.php.

40  http://www.denverpost.com/2016/09/01/denver‐social‐marijuana‐initiative‐makes‐ballot.

http://limitedsocialuse.org/initiative.

41 http://leg.colorado.gov/bills/hb16‐1092.

42 C.R.S. §§ 25‐14‐203 (10),(12). C.R.S. § 25‐14‐205(1).

43 C.R.S. § 25‐14‐205(1).

44 C.R.S. § 25‐14‐205(1).

45 Denver Revised Municipal Code, § 38‐175. https://www.leafly.com/news/cannabis‐101/public‐ consumption‐laws‐a‐state‐by‐state‐guide.

46 http://foodtravel.about.com/od/Marijuana‐Food‐Travel/ss/Marijuana‐Tourism‐in‐America.htm#step3. https://www.coloradopotguide.com/marijuana‐friendly‐hotels.

47 Denver Revised Municipal Code, § 38‐175.

48 C.R.S. § 42‐4‐1305.5(2)(b)(I), (II).

49 Denver allows for consumption only in the rear passenger area, behind a closed partition. https://www.leafly.com/news/cannabis‐101/public‐consumption‐laws‐a‐state‐by‐state‐guide

50 C.R.S. § 25‐14‐205(1).

51 Several marijuana tour bus companies are listed here. http://foodtravel.about.com/od/Marijuana‐ Food‐Travel/ss/Marijuana‐Tourism‐in‐America.htm#step4

52 CO Constitution, Article XVIII, § 16 (3)(a).

53 CO Constitution, Article XVIII, § 16 (6)(b). C.R.S. § 42‐4‐1301(1)(a),(b),(f),(g).

54 C.R.S. § 42‐4‐1301 (6) (a)(IV).

55 C.R.S. § 42‐4‐1305.5

56 https://www.colorado.gov/pacific/marijuana/driving‐and‐traveling.

57 C.R.S. § 12‐43.4‐402. (7)(c).

58 CO Constitution, Article XVIII, § 16 (3)(a). 1 CCR 212‐2, R 402 (C), Proposed Rules (Aug. 26, 2016) https://www.colorado.gov/pacific/sites/default/files/20160826_RetailRuleRedlinesHearing.pdf. 1 CCR 212‐1, R 103. C.R.S. § 18‐18‐406(2) CO Constitution, Article XVIII, § 16 (3)(b), C.R.S. § 18‐18‐406.6 (1) https://www.coloradopotguide.com/what‐to‐do/marijuana‐activities/#cannabis‐cooking.

59 CO Constitution, Article XVIII, § 16 (3)(c).

60 C.R.S. § 18‐18‐406(2)

61 CO Constitution, Article XVIII, § 16 (3)(b).

62 C.R.S. § 18‐18‐102 (31).

63 http://durangogreenery.com/news/new‐year‐means‐new‐rules‐for‐colorado‐marijuana‐sales‐limits.

64 It is punishable by a level 2 felony. C.R.S. § 18‐18‐406.6.

65 CO Constitution, Article XVIII, § 16 (3)(c).

66 C.R.S. § 18‐18‐406 (5)(b) (I).

67 “’Renumeration’ means anything of value, including money, real property, tangible and intangible personal property, contract rights, choses in action, services, and any rights of use or employment or promises or agreements connected therewith.” C.R.S. § 18‐18‐102 (31).

68 C.R.S. §18‐18‐102 (7).C.R.S. § 18‐18‐406 (c). C.R.S. § 12‐43.3‐901(2)(a). C.R.S. § 18‐1.3‐501. “CO Constitution, Article XVIII, § 16 (3)(c). C.R.S. § 18‐18‐102 (31).

69 1 CCR 212‐1, R 231 (D)

70 C.R.S. § 25‐14‐203 (10),(12). C.R.S. § 25‐14‐205(1).

71 “Nothing in this section is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of twenty‐one or to allow a person under the age of twenty‐one to purchase, possess, use, transport, grow, or consume marijuana.” CO Constitution, Article XVIII, § 16 (6)(c).

72 C.R.S. § 12‐43.4‐402. A retail marijuana store must require the consumer to produce an unexpired form of one of the following: passport, driver’s license, a state identification card, a United States military identification card, or an Indian tribe enrollment card. 1 CCR 212‐1, R 402, 404.