how to get license to grow medical weed in colorado

Cultivation crime.

Drug crimes always carry the risk of deportation for non-citizen defendants. Immigrants facing any criminal charges are encouraged to contact an experienced attorney as soon as possible to try to get the charges dismissed or changed to a non-deportable crime. 7.

MIP conviction.

A common defense to marijuana cultivation charges is that the police found the plants through an illegal search and seizure. If the defense attorney can show the judge that law enforcement violated the defendant’s Fourth Amendment rights, then the judge may suppress all evidence of the plants. And this may leave the D.A. with too little evidence to prosecute.

Waiting time to seal records.

7. Can I be deported?

And charges that get dismissed can be sealed immediately. 6.

A subsequent illegal cultivation offense is a level 1 drug misdemeanor if there were no more than 24 plants . The sentence is six-to-18 months in county jail and/or fines of $500 to $5,000.

If a person under 21 lives in the home, the area where the marijuana is grown must itself be enclosed and locked . And if a person under 21 enters the home, access to the homegrown marijuana must be reasonably restricted from him or her. 1.

Colorado marijuana law permits adults 21 and older to home grow up to six cannabis plants in a residence as long as:

Each cultivation facility is assigned a different tier depending on the number of plants it has:

No. Colorado law prohibits people under 21 years of age from growing or possessing recreational marijuana.

Colorado law permits adults 21 and older to grow up to 6 marijuana plants , with no more than 3 being mature plants. Homes with two or more adults can have no more than 12 marijuana plants . A first-time offense of possessing more than 12 plants is a level 1 drug petty offense, punishable by up to $1,000.

The wait time to seal criminal records in Colorado depends on the type of conviction.

Yes, with the applicable licenses. Go to the Colorado government’s official cannabis site as well as county government websites for information on the requirements, applications, fees, licenses, and renewals for creating a professional marijuana farm or a retail marijuana dispensary to sell THC / marijuana products.

Call our law firm for legal advice. We offer free consultations in the state of Colorado. We have law offices in Denver, Colorado Springs, and Greeley.

8. Are grow houses legal in Colorado?

The maximum 12-plant per household rule applies to card-holding medical marijuana patients and caregivers, but there are exceptions. Patients can possess up to 24 plants at home if they:

Colorado penalties.

Colorado’s application fee for a cultivation facility is $4,000. The annual renewal fee depends on the number of marijuana plants. 9.

A first-time conviction of growing more than 12 plants is a level 1 drug petty offense under Colorado state law, punishable by up to $1,000.

Another potential defense is that the plants did not belong to the defendant, and the defendant exercised no physical control over them. Unless the defendant owned or possessed the plants, then the charges should be dismissed .

Medical marijuana patients in Colorado can grow up to 99 plants on a non-residential property in accordance with local law. 10 But they should get an extended plant count first by contacting the medical marijuana registry.

And home growers may not keep more than 12 marijuana plants in their residence, even if more than two adults live there.

3. What are the penalties for illegal cultivation?

In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:

Colorado’s legalization of the recreational use of marijuana happened only in 2012 with the passage of Amendment 64 . Adults 21 years old and older now may possess up to two ounces of marijuana for personal use. 2.

People in the marijuana business who violate the law face not only criminal penalties . There also may be civil penalties imposed by the applicable agencies and the Department of Revenue. 8.

Possessing more than 12 marijuana plants in a residence is a Colorado crime.

Medical marijuana patients can ask the Colorado Department of Public Health and Environment for an extended plant count.

But if there were more than 24 plants , a subsequent illegal cultivation offense is a class 3 drug felony. The sentence is two-to-four years in Colorado State Prison and/or fines of $2,000 to $500,000. But the prison term becomes four-to-six years if there are aggravating factors . Examples are if the defendant was:

Note that people under 21 convicted of possessing pot or of marijuana use face a petty offense charge for being a minor in possession (CRS 18-6-701). Penalties increase with each successive conviction:

Note that growing marijuana can be dangerous, especially if the lighting equipment catches fire or if the carbon dioxide generator was meant for outdoor instead of indoor usage. Growers are advised to wear PPE (personal protective equipment) when handling pesticides. They should hire a licensed electrician to install the equipment in a way that minimizes fire hazards.

At the March 28, 2017 City Council meeting, the City Council of the City of Colorado Springs passed the final reading of a Medical Marijuana (MMJ) Licensed Location Cap Ordinance 17-28. In summary, this ordinance contains the following new provisions which will become effective on May 25, 2017:

Please contact the City Clerk’s Office for more information regarding Medical Marijuana Business Licensing, including Modification of Premises, Changes of Ownership, Change of Location, renewals, or more information regarding Marijuana Testing Facility licensing at [email protected] or 719-385-5106.

The updated application packets posted below should be used beginning May 26, 2017.

Medical Marijuana Licensing.

To review the City Medical Marijuana (MMJ) Business License Code, review Chapter 2, Article 2, Part 1 of the City Code.

Only licensee company checks, personal checks from a principal of the licensee, certified checks, or money orders payable to City of Colorado Springs will be accepted. The City does not accept cash for MMJ fees transactions.

As a reminder, the City of Colorado Springs prohibits any Retail/Recreational Marijuana Establishments (Ordinance 13-47).

Modification of Premises and Transfer of Ownership applications for all MMJ types are still accepted/allowed pursuant to current MED and City MMJ Code and Rules.

To review the City General Business License Code, review Chapter 2, Article 1, Part 1 of the City Code.

Forms of Payment accepted.

Application Packets.

Adults 21 and older are permitted to grow up to six cannabis plants for their own personal use in Colorado. Growing cannabis commercially, on the other hand, requires either a Medical or Recreational Marijuana Cultivation Facility license as well as a license from a local licensing authority. The first step is to complete the MED Regulated Marijuana Business License Application.

These businesses grow and cultivate marijuana for sale to marijuana stores or a product manufacturer but cannot sell directly to consumers. A cultivation license allows such businesses to cultivate, prepare and package marijuana. Operating one of these businesses requires significant horticultural knowledge and typically requires material capital investments.

Again, the state has 45 to 90 days to respond to an application and, if approved, the application is forwarded to the local governments listed therein.

Choosing a Name.

Before submitting any applications to the MED, a prospective cannabis business should have already:

Manufacturers are allowed to purchase marijuana and incorporate it into new products, like edibles and oil. These products are then sold to dispensaries who sell them to consumers. Marijuana product manufacturing requires a separate license and is subject to additional regulations including regular testing of product.

Sales in the recreational segment of the marijuana market have grown every year since inception. Cumulatively, recreational sales have accounted for $10 billion in only seven years. Getting started first requires the same MED Regulated Marijuana Business License Application.

These are just the initial license fees. Each license needs to be renewed annually.

Like all businesses, a cannabis-focused enterprise needs to first pick and name and incorporate with the Colorado Secretary of State. Cannabis companies can use any form of entity incorporate available in Colorado including corporations, limited liability companies, or limited liability partnerships. The choice of entity type could have significant legal and tax implications so we recommend speaking with one of Newburn Law’s experienced business lawyers prior to taking this step.

There are eight types of cannabis business licenses available in Colorado; four recreational licenses and four are medicinal licenses. A business can hold both a recreational license and a medical license, but will have to apply for each one separately.

As is the case with Marijuana Cultivation Facility licenses, the state has 45 to 90 days to respond. If the state approves the application, it will be forwarded to the local governments listed therein. Response times may vary from municipality to municipality.

Marijuana Cultivation Facility.

While possession and cultivation of marijuana are legal at the state level in Colorado, counties, and localities are given substantial discretion on how to implement marijuana legislation. Each town and county can decide to ban recreational marijuana businesses if they so choose. As of April 2017, 272 of Colorado’s municipalities had decided to prohibit the sale of recreational marijuana within their jurisdiction.

On November 6, 2012, Colorado voters passed Amendment 64, legalizing the use and regulation of recreational marijuana. Two years later, Colorado started issuing licenses, and since then, the marijuana business in Colorado has boomed. Sales have increased every year since the market opened in 2014, and they show no signs of stopping. Even the economic slowdown COVID-19 pandemic caused could not slow the industry down. In fact, marijuana sales in 2020 increased 25% to $2.19 billion when compared to 2019. If you’re looking to get involved in this lucrative industry, we have some helpful information for you below; keep reading to learn more!

Unlike the recreational marijuana market, which has been around for less than a decade, medical marijuana has been legal since 2000. Despite being older, operating a medical marijuana dispensary is still a vibrant business opportunity. Getting started requires a Medical Marijuana Store license as well as a license from a local licensing authority. First, you need to complete the MED Regulated Marijuana Business License Application.

Fees for this type of application vary based on whether the application is for medical or recreational cannabis cultivation and the number of plants grown.

After a completed MED Regulated Marijuana Business License Application is submitted, and the required fees paid, the state has 45 to 90 days to respond. If the state approves the application, it will be forwarded to the local governments listed therein. The specific local government’s response times vary but can be as long as six months.

How to Open a Medical Cannabis Dispensary.

The bill authorizing recreational marijuana delivery services went into effect in January 2021. However, as is the case with most, if not all, marijuana legislation in Colorado, local governments were given wide discretion on how to implement it. Denver, for example, has made recreational delivery licenses available only to Social Equity Applicants until 2024.

Even if counties and municipalities decide to opt-in, they are still given discretion on how to implement marijuana policies. For example, while the state allows marijuana stores to be open until midnight, Denver requires theirs to close by 10 pm. Similarly, Colorado allowed recreational marijuana delivery services to apply for licenses starting January 2, 2021; but Denver has restricted access to these licenses to Social Equity Applicants until 2024.

The fee for a medical license is $2,500. The fee for a recreational license is $6,500.

A consideration unique to licensed marijuana businesses in Colorado is that the Colorado Marijuana Enforcement Division (“MED”) must be kept up to date on any changes made to the trade name or any DBA (doing business as) a business may undertake.

Dispensaries are divided into two types, a retail or recreational dispensary, where customers at least assuming they at least 21 years old, and having a valid form of government ID like a driver’s license or a passport, can purchase marijuana and a medical dispensary, where customers require medical marijuana card to make purchases. While medical cards can technically be acquired by individuals over 18 but below 21, it is important to note that businesses selling both medical and recreational marijuana at a single location cannot sell to anyone younger than 21 at that location.

Businesses (or individuals) can be separately licensed to transport marijuana from one business to another, like from a Cultivation Facility to a Products Manufacturer.In addition, Colorado has recently began issuing retail marijuana delivery licenses pursuant to which delivery directly to homes and businesses will be permitted.