Understanding Colorado’s Dram Shop Liability Laws in the Age of Legalized Marijuana and Cannabis Clubs

Colorado’s laws regarding the liability of businesses serving alcohol to patrons involved in drunk driving accidents are well-established under dram shop liability regulations. However, with the advent of legalized recreational marijuana and the potential emergence of cannabis clubs, questions surrounding liability for drugged driving incidents have become more complex.

Dram shop liability, governed by CRS 12-47-801, holds businesses accountable if it can be proven that they over-served alcohol to a patron who subsequently caused an accident. Despite the existence of this law, it’s essential to note that it does not explicitly reference marijuana. Consequently, under the current legal framework, dispensaries and cannabis clubs are not held responsible for drugged driving incidents that occur after the sale of marijuana.

However, the landscape could change if cannabis clubs become legalized, possibly through initiatives like the Limited Social Marijuana Consumption Initiative or other legislative measures. These changes could subvert Colorado’s ban on public marijuana consumption, allowing businesses to permit on-site use as long as they do not sell alcohol.

While the law currently lacks provisions for marijuana dram shop liability, the logic behind it remains applicable. Both alcohol and marijuana can impair a person’s cognition and slow down mental faculties. Thus, a business that permits on-site consumption might be held responsible if its actions contribute directly to severe impairment.

However, this raises complex questions. Since cannabis clubs do not sell marijuana but only allow its on-site use, establishing fault can be challenging. How can it be proven that a person was not impaired before arriving at the cannabis club? These questions underline the evolving legal landscape as Colorado adapts to new standards.

As these legal intricacies continue to develop, individuals facing drugged driving charges in Colorado can rely on the expertise of our Colorado drugged driving defense attorneys. Our legal team will tailor a robust defense strategy to ensure the best possible outcome for your DUI case. In such a situation, seeking legal counsel is essential to navigate the evolving legal framework effectively. Thomas & Ahnell, LLC, a law firm specializing in alcohol and drug-related driving offenses in Colorado, is here to provide the guidance and representation you need during this challenging time.