Leaving Colorado With Weed: Can It Be Legal?

Criminal Law

Colorado legalized marijuana in 2013 by constitutional amendment. Colorado regulates activities within the country, like manufacturing marijuana goods, distributor licensing, and transport regulations.

What happens when you depart Colorado with bud? Is your bud you lawfully obtained in Colorado still lawful once you cross state lines?

Finally, driving weed from Colorado is Illegal under national law. You could also violate state laws if the country doesn’t enable you to bring marijuana into the country. Driving from Colorado with edibles, as an instance, is illegal under national law and forcing into a different nation, such as Nebraska, violates state law.

Colorado taxpayers don’t take the security of Colorado marijuana laws together when they depart the state. You might choose to check into your destination nation’s laws concerning marijuana to understand your rights once you arrive.

An overview of state laws regulating bud is Accessible throughout the Marijuana Policy Project

Federal Commerce Clause

The legislation governing traveling with bud Between nations is more a matter of Constitutional law compared to Colorado law.

Report I, Section 8 of the U.S. Constitution Grants Congress the power to regulate interstate trade.

Channels And Instrumentalities Of Commerce

Congress has the sole power to regulate:

Channels of interstate trade. Channels are Things like streets and airways that permit traffic to flow between nations.

Instrumentalities of interstate trade. Instrumentalities comprise individuals, machines, and terminals (i.e., automobiles ) that ease the movement between nations.

Federal Enforcement Of Criminal And Civil Legislation

Congress can control the movement of compounds Across state lines without criminalizing the motion. As an instance, the federal government regulates the transport of alcohol across countries.

Congress may also enact criminal legislation that Prohibit conduct or actions in connection with interstate motion. Such legislation exist about the possession and transport of marijuana under the Controlled Substance Act (CSA).

These laws apply irrespective of whether the condition Law prohibits the behaviour.

Penalties For Possession Of Marijuana Beneath Federal Law

Enforcement of this CSA now is more often Pursued in which the person owns an intent to market the material.

However, the CSA nevertheless Includes a provision which Prohibits even”simple possession” — that is deliberate or knowing possession of a controlled substance.

The CSA provides that a person”who intentionally Owns [marijuana] in a period that… is a personal use amount will be in charge of the United States for a civil penalty in an amount not to exceed $10,000 for each breach.”

Therefore, driving marijuana from Colorado (i.e., Traveling interstate) sets your individual and your automobile squarely under Congressional authority.

This means you may be subject to Congress’ Possession penalties under CSA, such as a fine of around $10,000 per violation.