In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
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.
7. Can I be deported?
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 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:
And charges that get dismissed can be sealed immediately. 6
1. How much marijuana can I grow in Colorado?
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:
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
Colorado was actually among the first states to criminalize marijuana. In 1917, Colorado legislators made the use and cultivation of marijuana a misdemeanor, but criminalization did not last long compared to other states. In 1975, Colorado also became one of the first states to decriminalize marijuana. A couple of decades later, in 2000, Colorado voters passed Amendment 20, which amended Colorado’s Constitution to allow for the use of medicinal marijuana in the state for approved patients with medical consent.
New Laws Effective in 2021
Also, the licensee must consider any expiration dates of additives used to make the vaporizer, the vaporizer’s final formulation, and the vaporizer’s ideal storage conditions when determining expiration dates. Licensees must create business records of their expiration date determinations and any data used to make those determinations.
Under the law, social equity licensees can participate in the state’s accelerator licensing program, which pairs the social equity licensee with existing cannabis businesses to learn the tools of the trade. The social equity licensee must hold at least a 51 percent ownership stake in any marijuana business that the license is granted for. Also, the law gives licensees reductions for the hefty application and licensee that currently total $7,000.
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.
Facility Marijuana Cultivation in Colorado
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.
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.
Colorado’s General Stance on Cultivation
However, the knowledge often stops there. There remains ample confusion regarding cultivation regulation. Here is everything you need to know relating to Colorado marijuana cultivation laws and what to do if you are being charged with a drug charge.