In Colorado, the legalization of marijuana has created somewhat of a leniency within the law. It has not, however, completely wiped clean the opportunity for law enforcement to charge people with possession, cultivation or distribution. In some instances, police and prosecutors continue to bring the criminal charges and don’t worry about whether those charges are legal or will stick later.
At Shazam Kianpour & Associates, P.C., in Denver, we practice exclusively in drug cases and other criminal cases. We have both the skill and the resources to defend your rights aggressively. Get a free consultation about your cultivation of marijuana or any other marijuana-related case by calling 303-825-1075.
There are still laws on the books regarding cultivation. While this does not serve as legal advice, the following Q&A may offer some insight as to what the law says regarding the cultivation of marijuana in our state.
The answer is six or fewer. More than six plants may be charged as a felony, costing up to $500,000 in fines and jail or prison time.
Anyone over 21 can grow their own marijuana – up to six plants – legally. People over 18 with medical marijuana cards can cultivate larger quantities. Licensed growers have the legal bandwidth to grow large amounts. There are three classes of licenses for medical-use growers and five tiers of licenses for recreational-use growers.
Chiropractors may refer patients to doctors for medical marijuana cards. Many doctors have the authority to provide what is needed for Colorado medical marijuana cards. As per Article 18, Section 14 of the Colorado Constitution, residents over age 18 can use, grow and cultivate marijuana in order to treat a “debilitating medical condition.”
It will depend on what can be proved. If you have six plants or fewer or have a medical marijuana card it is likely that you have a strong defense already. Unfortunately, in some instances, law enforcement oversteps its boundaries. In these cases, it is advised that you consult a criminal defense attorney who handles marijuana cases.
Have more questions? Not sure what your next steps are? Call our office for a free consultation: 303-825-1075.
While anyone over the age of 21 can legally possess up to 2 ounces of marijuana for personal use under Colorado state law, it is important to remember that you can still face criminal charges if you possess large amounts of the drug, and marijuana is still technically illegal under federal law as well.
If you are found with more than 2 ounces of marijuana, it can mean more than just a slap on the wrist. Being convicted for possession of large amounts of marijuana carries two sentences. The first one is given by the court. The second, and oftentimes more severe, “sentence” is given out again and again by prospective employers, lending institutions and professional organizations. When you have a criminal drug conviction on your record, whether it’s a misdemeanor or felony, you may suffer the consequences of that for a long time.
While an adult over the age of 21 can normally give (transfer) up to 2 ounces of marijuana to another adult over the age of 21 without facing penalty under Colorado law, that quickly changes if more than 2 ounces is involved or money is exchanged. In fact, even if the sale involves less than 4 ounces of marijuana, it is still a misdemeanor with possible jail time and large fines. If more than 4 ounces, you may even face felony charges.
We can fully explain Colorado’s marijuana laws and provide an aggressive defense for any marijuana-related charges including possession and distribution. When evidence of serious wrongdoing is overwhelming, we can use our contacts and relationships within the justice system to negotiate for significantly reduced charges and penalties. As attorneys, each of us has served as a government lawyer in the past. We are familiar with dozens of individual government prosecutors and judges as well as prosecutors’ tactics in general.
We have represented clients in cases ranging from large-scale, illegal grow houses to small cultivators just growing a little weed for their personal stashes. For more information, call 303-825-1075 to schedule a no-charge consultation in our Denver office, or contact us online.
