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’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
And charges that get dismissed can be sealed immediately. 6
5. How many plants can you grow in Colorado legally with a medical card?
In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
Each cultivation facility is assigned a different tier depending on the number of plants it has:
2. Can people under 21 grow marijuana?
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
Medical marijuana patients in Colorado can grow up to 99 plants on a non-residential property in accordance with local law. 10 But they should get an extended plant count first by contacting the medical marijuana registry.
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.
Aurora and Denver are the only cities that have approved marijuana delivery programs. Aurora decided to implement its delivery program with a focus on social-equity applicants. Only social-equity applicants will be able to receive a delivery license for the first three years of the plan, and the application fees for the delivery license are mostly covered with a city grant. Deliveries are limited to one per day, cannot be more than one ounce or eight grams of marijuana concentrate, and cannot be made to college campuses. Permits granted are valid for one year.
Previously, those convicted had to file a petition with the court, which included notifying the district attorney’s office that charged them and additional court hearings. Under the new law, those seeking to seal their records must still file petitions in court; however, courts are now automatically required to seal the convictions so long as all the criteria are met. This streamlined process only applies to citizens that have not been convicted of another crime since their release from probation or parole.
Denver, in particular, is now considering allowing permanent walk-up and drive-thru windows.
MED set forth new procedures for a licensee’s recall of marijuana. The new rule mandates that a licensee must have a written recall plan. Also, the MED overhauled its sampling procedures for marijuana testing, including adjusting the minimum number of sample increments to be collected depending on what marijuana product is being sampled. Finally, a rule was adopted to reinstate a license that was expired for less than 30 days.
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.
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For instance, the soil, water, fertilizers, nutrients, and pesticides can contaminate marijuana during the growing process. Furthermore, machinery and equipment used in the production process and equipment used to package marijuana vaporizers can contribute to contamination. This testing is pivotal because heavy metals have been linked to various adverse health outcomes, including increased cancer risk, causing adverse reproductive effects, and accumulating to alter the functions of vital organs in the human body.
The MED also implemented new emission testing and storage requirements for vaporizer products. Effective July 1, 2022, a marijuana products manufacturer that produces marijuana vaporizer devices must establish expiration dates for the products. The new rule mandates that potency and contaminant must be used to determine the expiration date.
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.
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.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
The laws are different for medical marijuana consumers.
Coloradans can grow marijuana in their homes for personal use.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.