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Colorado’s “Open Marijuana Container” Law

Most everyone is familiar with the laws prohibiting having an open alcoholic container in a vehicle.  What many people may not know is that Colorado now prohibits a person while in the passenger area of a motor vehicle from knowingly having in his or her possession an open marijuana container.

“Open marijuana container” is defined under the law as a receptacle or marijuana accessory that contains any amount of marijuana that is open or has a broken seal or the contents of which are partially removed.

“Passenger area” is defined as the area designed to seat the driver and passengers, including seating behind the driver, while a motor vehicle is in operation, as well as the area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.

A person who violates the open container law commits a class A traffic infraction and is to be punished by a fine of fifty dollars and a surcharge of seven dollars and eighty cents.

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