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Home-growers can still be criminalized in Colorado

| May 19, 2020 | Drug Charges

While Colorado has legalized personal marijuana growth, state law places restrictions on both quantity and process for home growers. Failure to comply with these guidelines could result in a felony.

In this post, we will go over the state regulations for personalized marijuana growth. However, growers should keep in mind that counties and municipalities within the state can have stricter guidelines.

Number of plants

According to Colorado law, individuals can keep up to 6 plants for personal growth. This 6 plant per person limit maxes out at 12 per household.

Furthermore, only 50% of the plants can be mature at any one time. Without a commercial grow license, individuals can be charged with a drug felony for growing more than the limit:

  • Cultivating between 6-30 plants is a level 4 drug felony and is punishable by 6-24 months imprisonment and/or a fine up to $100,000.
  • Raising over 30 plants is a level 3 felony and has a maximum sentence of 6 years imprisonment with a fine for $500,000.

Growing regulations

There are also regulations that regulate how the plants can be grown. For example, an individual has to be at least 21 years old to grow recreational marijuana. Furthermore, the plants have to be kept in an enclosed, locked area that cannot be viewed openly.

This becomes especially important for homes with residents who are under 21. These homes must take extra precautions to make sure that youth never have access to the plants.

Staying safe and informed

As the country continues to explore uncharted territory with legalization, the law has to adapt to oversee new situations. While personal growth is legalized in the state of Colorado, home growers need to be conscious of other regulatory agencies and governing bodies that can come into play.

For example, Colorado has allowed individual counties and municipalities to create stricter laws surrounding quantity and growth regulations than the state guidelines. Home growers should aim to stay informed about the ever-changing legal landscape surrounding legalization, and should contact an experienced Colorado attorney when in need.


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