<P> The primary question before us is whether federally prohibited but state - licensed medical marijuana use is "lawful activity" under section 24 - 34 - 402.5, C.R.S. 2012, Colorado's Lawful Activities Statute . If it is, employers in Colorado would be effectively prohibited from discharging an employee for off - the - job use of medical marijuana, regardless that such use was in violation of federal law . We conclude, on reasoning different from the trial court's analysis, that such use is not "lawful activity ." </P> <P> On June 10, 2016 Governor John Hickenlooper signed House Bill 16 - 1359 . This bill stated that the court shall not prohibit the use or possession of medical marijuana as a condition of probation unless the individual is sentenced to probation for a conviction under Article 43.3 of Title 12, C.R.S.; or if the court determines based upon any material evidence that such a prohibition is necessary and appropriate to accomplish the goals of sentencing stated in 18 - 1 - 102.5, C.R.S. </P> <P> Since the enactment of Colorado Amendment 64 in November 2012, adults aged 21 or older can grow up to six marijuana plants (with no more than half being mature flowering plants) privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown), legally possess up to one ounce of marijuana while traveling, and give as a gift up to one ounce to other citizens 21 years of age or older . Any adult in Colorado's territory may possess up to one ounce of marijuana at any time, regardless of whether they are an in - state resident or an out - of - state visitor, as of 2016 . Retail concentrate / edible limits are as follows: 8g of retail concentrate will be equal to 1oz of flower, and therefore 800mg of THC in the form of retail edibles will be equal to 1oz of retail flower . Consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for driving . Consumption in public was recently passed in Denver under Ordinance 300 with a vote of 53% for legal public consumption, and a 46% vote against . Within 60 days the new rules will be written and should be similar to current public alcohol consumption rules and regulations . Amendment 64 also provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores . Visitors and tourists in Colorado can use and purchase marijuana, but face prosecution if found in possession in any adjacent state . Denver airport has banned all possession of marijuana but admits it has not charged a single person with possession nor has the airport seized any marijuana since the ban went into effect . </P> <P> Governor Hickenlooper signed several bills into law on May 28, 2013 implementing the recommendations of the Task Force on the Implementation of Amendment 64 . On September 9, 2013, the Colorado Department of Revenue adopted final regulations for recreational marijuana establishments, implementing the Colorado Retail Marijuana Code (HB 13 - 1317). On September 16, 2013, the Denver City Council adopted an ordinance for retail marijuana establishments . The state prepared for an influx of tourists with extra police officers posted in Denver . Safety fears led to officials seeking to limit use of the drug in popular ski resorts . According to a Quinnipiac University poll released July 21, 2014, Coloradans continued to support the state's legalization of marijuana for recreational use by a margin of 54--43 percent . At the same time, the poll indicated 66 percent of voters there think marijuana use should be legal in private homes and in members - only clubs, but should not be legal in bars, clubs or entertainment venues where alcohol is served . Sixty - one percent of respondents also said laws regulating marijuana use should be as strict as laws regulating alcohol use . </P>

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