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.
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.
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.
8. Are grow houses legal in Colorado?
Possessing more than 12 marijuana plants in a residence is a Colorado crime.
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.
3. What are the penalties for illegal cultivation?
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.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
The laws are different for medical marijuana consumers.
Coloradans can grow marijuana in their homes for personal use.
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.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
Colorado has a reputation for being one of the most progressive states in passing reforms to marijuana laws. Colorado’s legal framework has cultivated a booming billion-dollar marijuana industry that presently makes up 2% of the state’s budget. However, like all other states, Colorado did not begin with an accepting view of marijuana usage.
New Laws Effective in 2021
On May 21, 2021, Jared Polis signed a bill that increases the legal amount of cannabis an adult can possess from one to two ounces. The new law took effect immediately. Polis announced that he would begin reviewing records to prepare additional pardons for a person convicted of possessing between one and two ounces of marijuana. The law also included a streamlined process for sealing the records of people convicted of possessing between 1 and 2 ounces of marijuana.
Increasing Possession Allowance
The law has additional provisions advancing social equity goals. The law gave the governor the power to grant pardons to those convicted of possessing up to one ounce of marijuana. Colorado Governor Jared Polis immediately acted on this bestowed power, pardoning more than 2,700 people in October 2020. Also, the law modified the felony requirement for licensure, mandating that a cannabis conviction cannot serve as the sole basis for license denial. Despite its socially equitable aims, some have criticized the bill for coming too late as the cannabis marketplace has been established in Colorado for seven years, making the existing barriers to marketplace entry challenging for socially disadvantaged persons to overcome.