Colorado marijuana law permits adults 21 and older to home grow up to six cannabis plants in a residence as long as:
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.
And home growers may not keep more than 12 marijuana plants in their residence, even if more than two adults live there.
2. Can people under 21 grow marijuana?
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.
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.
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.
And charges that get dismissed can be sealed immediately. 6.
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.
5. How many plants can you grow in Colorado legally with a medical card?
The wait time to seal criminal records in Colorado depends on the type of conviction.
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’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.
1. How much marijuana can I grow in Colorado?
In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
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 .
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.
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.
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:
The standard rules from OSHA and state laws that regulate businesses apply to marijuana cultivation facilities. In many ways, people consider Colorado a reasonably progressive state regarding marijuana cultivation laws. For home growers, the Colorado government actively suggests that people grow with care.
Following the passing of this Amendment came regulations regarding many things, including marijuana cultivation. Here is where some of these laws stand now.
When law enforcement charges a person with a violation of homegrown Colorado marijuana cultivation laws, they should urgently reach out to a cultivation defense firm.
Facility Marijuana Cultivation in Colorado.
The specifics citizens should keep in mind include that:
For cultivation in a facility, there are additional considerations. These include that:
Those cultivating marijuana need to understand that there are special considerations regarding minors and cultivating marijuana in homes and facilities. Specifically:
The Lux Law Firm is a criminal defense law firm based in Colorado Springs, Colorado. Lead attorney Austin Lux transitioned from his work as a county prosecutor into criminal defense private practice.
When you believe that you may be in violation of Colorado marijuana cultivation laws, the time to act is immediate.
Based on the number of marijuana plants the facility intends to cultivate, the government will assign the Colorado recreational marijuana cultivation facility a tier of licensure. These tiers are as follows:
Those who are growing marijuana in their home or at a facility, especially if they fear being in trouble with the law, have a reason for concern.
Colorado’s Legalization of Marijuana.
He has also held roles training local law enforcement agencies and working with the Federal Drug Enforcement Agency (DEA). As a result, he now uses his massive understanding of the criminal justice system and skills as a trial attorney to represent his firm’s clients.
Colorado marijuana cultivation laws for facilities have additional considerations. These laws involve:
Costs for the application and licensure in total can range from hundreds to thousands of dollars. The license application fee for growers, processors, and dispensaries is per facility and per license type. To stay compliant with the law, facilities must remain current with yearly renewals.
As with home growing situations, the rules are different for medical marijuana facility cultivation.
Based on the amount one has above the legal limit and other factors (such as whether the person has prior convictions), one may face:
Colorado’s General Stance on Cultivation.
The law also drives the point home by adding that those working in a facility cultivating marijuana must be age 21 or older. The endpoint is this: If you are cultivating marijuana in the home or a facility, make sure there is no connection to or access available for minors under the age of 21.
As with all states, Colorado has numerous laws to protect juveniles from abuse and neglect and lead them away from delinquency.
The above is a good starting point to grasp home growing cultivation basics. However, counties and municipalities can pass stricter laws. Also, the rules are different for medical marijuana users.
If a person is concerned about where they stand regarding existing or future compliance with cultivation regulations, they should contact a Colorado attorney with experience in marijuana cultivation crimes.
Therefore, when facilities violate Colorado marijuana cultivation laws, the penalties may well surpass those of home growers and may come from various agencies and judicial jurisdictions.
There is no penalty in Colorado for persons who privately cultivate marijuana within the legal limits. But if one violates those limits, tough laws regarding drug felony penalties may address the consequences.
In conclusion, even though the personal cultivation of marijuana has been legalized in Colorado, there are strict guidelines that need to be followed. Illegal possession of marijuana plants is a criminal offence and is punishable by law in Colorado. If you have any questions or concerns, please contact Pollart Miller LLC to consult on your specific case.
First, for you to be allowed to grow marijuana in Colorado, you must be above the minimum age of 21 years. Before attaining the age of 21, you will be liable for a misdemeanor being in illegal possession of marijuana plants (regardless of the amount) and you may pay a fine of $500-$5,000 or face 6-18 months imprisonment.
The law requires that all marijuana must be grown in an enclosed area that is not available for public scrutiny. You are not allowed to grow marijuana in open places. The rationale behind this is to make sure that minors do not access and be in illegal possession of marijuana plants. This is one of the bigger risks involved with growing marijuana at home. You are therefore advised to take necessary precautions to ensure that any person who is below the age of 21 in your home does not gain access to marijuana plants. Otherwise you will be in contravening the law.
Can I grow Marijuana plants anywhere on my property?
If you are over the age of 21 and want to grow Marijuana without a cannabis business, the number of marijuana plants under your care must not exceed 6 as outlined in the Constitution of Colorado, Article XVIII section 16 (3). In case you exceed the limit and you are found to be in illegal possession of marijuana plants, you will have committed a drug felony, hence punishable by 6-18 months imprisonment and a fine not exceeding $100,000.
Toll Free: 800-808-0012 Phone: 719-884-8671 Fax: 720-488-9587.
170 S. Main St. Suite 1050 Salt Lake City, UT 84101.
2415 E. Camelback Rd. Suite 700 Phoenix, AZ 85016.
On January 1, 2013, Colorado became the first place anywhere in the world to allow legal marijuana sales to anybody over 21 for any purpose, including recreational use. Residents of Colorado are also allowed to grow Marijuana privately, but under very strict guidelines and regulations. This article offers some useful insight on who can grow marijuana in Colorado, what the regulations are and what consequences you can expect if you breach the law.
5700 South Quebec St. Suite 200 Greenwood Village, CO 80111.
Toll Free: 877-259-5693 Phone: 720-488-9586 Fax: 720-488-9587.
Who can grow marijuana in Colorado?
Toll Free: 877-259-5693 Phone: 385-258-2413 Fax: 720-488-9587.
The law of Colorado is very clear as to the amount of marijuana one can carry in public. There is no penalty if you are found to be in possession of marijuana and you have met the minimum age requirements of being 21 or older.
Any adult who is licensed can grow marijuana for personal use in Colorado. However, there are strict regulations that need to be followed.
102 South Tejon St. Suite 1100 Colorado Springs, CO 80903.
Toll Free: 877-259-5693 Phone: 602-553-1105 Fax: 720-488-9587.