While the possession of marijuana was partially legalized as of 2013, there are still many legal restrictions surrounding marijuana usage in Colorado. If you are facing marijuana-related charges, a Greenwood Village marijuana lawyer could help you understand your legal options and identify the best course of action to move ahead. Let Jenn and Justie at Colorado Lawyer Team help you with your case today.
A well-practiced drug lawyer who understands the complicated body of laws governing these types of matters would offer peace of mind to the accused. The attorneys at Colorado Lawyer Team work hard in pursuit of a positive ruling for all their marijuana cases.
Marijuana Possession Laws and Penalties
Colorado law allows a person to possess one ounce of marijuana or up to six plants for personal use without incurring criminal penalties. The plant count could be higher if the individual is registered as a medical marijuana patient. However, public marijuana consumption is forbidden and is considered a petty offense incurring fines and up to 24 hours of community service. Note: jail is unlikely on some of these smaller cases, and drug charges are likely able to be sealed even after conviction, too. But you need to know in advance what is and is not allowed in Colorado. Specifically prohibited are the following:
- Possessing more than one ounce but less than two ounces of marijuana is a petty offense
- Possessing over two ounces but less than six ounces is a level 2 drug misdemeanor (DM2)
- Possessing more than six ounces but under 12 ounces is classified as a level 1 drug misdemeanor (DM1)
- Possessing more than 12 ounces of marijuana is a level 4 drug felony (DF4)
Fines can range from as little as $50 for a level DM2 up to $100,000 for a DF4 according to Colorado Revised Statutes §8-1.3-401.5. Depending on the offense, individuals convicted of marijuana possession could also be required to perform community service and face anywhere from six to 18 months in jail.
Marijuana Distribution Laws and Penalties
While marijuana laws in the state of Colorado allow adults to possess certain legal amounts of the drug, it is illegal to sell, deliver, or distribute marijuana in the state. And individuals under 21 years of age are strictly prohibited from possession marijuana.
The classifications of marijuana distribution offenses are:
- Distributing 4 ounces or less is a level 1 drug misdemeanor (DM1)
- Distributing more than 4 to 12 ounces is a level 4 drug felony (DF4)
- Distributing more than 12 ounces but under 5 pounds is a level 2 drug felony (DF2)
- Distributing more than 50 pounds is a level 1 drug felony (DF1)
A Greenwood Village marijuana attorney could discuss the range of penalties the accused might face based on the quantity and people involved. Penalties for marijuana distribution in Colorado could be as minimal as $100 for a petty drug offense all the way up to 32 year’s imprisonment plus any court-imposed fines for a DF1 conviction. Don’t be the person on the upper end of that spectrum!
Marijuana Cultivation Laws and Penalties
Residents of Colorado are not permitted to produce or cultivate more than 12 marijuana plants per household. However, if you’re over 21, up to 12 plants for your own private personal use is allowed. The plants must be kept in a locked and enclosed space that is closed to the public. And bear in mind the risk to any children in the home—we’ve seen more than one Dept. of Human Services case come from unrestricted access to grow areas by minor children.
The potential penalties for violating these laws depend on how many plants are involved and whether the person is a first-time offender or not. Fines could range from $500 for a level DM1 cultivation case, up to $500,000 for a DF3 cultivation case. Furthermore, prison terms could be as short as 6 months for a level one drug misdemeanor involving no more than 24 plants and as many as 4 years imprisonment for a DF4 concerning more than 30 plants.
A marijuana lawyer in Greenwood Village could evaluate the circumstances surrounding the alleged offense and possibly work to reduce the severity of the sentence.
Contact a Greenwood Village Marijuana Attorney
If you stand charged with a marijuana-related offense, a Greenwood Village marijuana lawyer could advise you how cases such as yours are typically handled by judges and prosecutors in your jurisdiction. Justie and Jenn are ready to take on your case. Call today to consult with an experienced marijuana defense attorney.