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.
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
4. How do I fight the charges?
No. Colorado law prohibits people under 21 years of age from growing or possessing recreational marijuana.
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:
8. Are grow houses legal in Colorado?
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
Don’t forget that counties and municipalities can pass stricter laws. For example, Denver limits a home grow to 12 plants, even if there are three or more adults over age 21 in the residence. Be sure to check your local laws for specific details.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
Coloradans can grow marijuana in their homes for personal use.
The laws are different for medical marijuana consumers.
As with all states, Colorado has numerous laws to protect juveniles from abuse and neglect and lead them away from delinquency.
As with home growing situations, the rules are different for medical marijuana facility cultivation.
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.
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.
Consequences of Violating Colorado Marijuana Cultivation Laws
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:
However, do not take these helpful hints to indicate that Colorado is lenient regarding the violations of marijuana cultivation laws. Just how serious are they in this regard?
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.
Facility Marijuana Cultivation in Colorado
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.
When you believe that you may be in violation of Colorado marijuana cultivation laws, the time to act is immediate.