| Read Time: 4 minutes | Marijuana Cultivation Defense

What to Know About Being Charged For Mailing Edibles in Colorado

Marijuana laws are in flux across the country at this time. If you live in Colorado, California, Massachusetts, or many other states, you may know that your state legislature has relaxed marijuana laws. However, the federal government and many other states continue to enforce marijuana laws strictly. As a result, you cannot lawfully ship marijuana, THC oil, or edibles through the mail within Colorado.  Illegally shipping marijuana products through the mail can lead to severe punishments. Talk to an experienced criminal defense lawyer who is a former prosecutor if you face charges for shipping marijuana in Colorado. Attorney Austin Lux is a knowledgeable, passionate, and skilled defense attorney who could help you achieve the best outcome for your shipping marijuana charges. Sending Drugs Through the Mail Penalty Under the federal drug guidelines, marijuana is a Schedule I drug. Therefore, shipping marijuana is a trafficking offense under federal law. Not only is shipping marijuana a federal crime, so is shipping THC oil and edible marijuana products. The severity of your sending drugs through the mail penalty for shipping marijuana depends on the amount of marijuana authorities seize. Shipping between 1 and 49 plants or less than 50 kilograms of a mixture carries a five-year federal prison sentence. The maximum penalty is 10 years for a person charged with a second federal offense.  The federal penalties increase as the amount of marijuana increases. Federal sentencing guidelines indicate that shipping marijuana weighing between 50 to 99 plants or 50 to 99 kilograms of a mixture carries a 20-year prison sentence. If the feds charge you with having 100 to 999 plants or 100 to 999 kilograms of a marijuana mixture, then you face a maximum sentence of 40 years in prison with a five-year minimum mandatory term.  Finally, 1,000 or more plants or 1,000 or more kilograms carry a potential life sentence with 10 years minimum mandatory federal prison sentence.  How Do Federal Authorities Discover Unlawful Shipping of Marijuana? Federal and state authorities learn of marijuana shipments in many ways. Investigators track shipments from suspicious senders or locations. Sometimes investigators get tips from informants about a shipment coming in. Drug officers commonly use drug-sniffing dogs to discover contraband in the mail as well. Investigators will not always seize a suspicious package as soon as they detect one. Instead, they will track the package to its destination. After police track the suspicious package to the delivery location, they will continue their investigation and try to determine who received the package.  Police have a couple of options at this point. The first option is to apply for a search warrant and obtain the authority to search for the suspect package. As part of the search warrant execution, investigators will try to identify the person who received the package initially. They will also try to figure out who else lives at the target location. What Should You Do If Police Go to Your Home to Search for a Package? Drug investigators will pursue all people who may be involved in shipping marijuana. Federal drug investigators have a reputation for pressuring people to talk to them. Of course, you never have to speak to the police. You can invoke your right to remain silent and not answer any questions. Police and prosecutors cannot use your silence against you.  You should call an experienced and dedicated drug crimes defense attorney right away if the police go to your home with a search warrant. You cannot stop the police from searching your home if they present a search warrant to you. However, having a lawyer like Austin Lux on your side when the police come knocking on your door could help you avoid forfeiting your rights and hurting potential defenses. Colorado State Laws Prohibit Delivery of Marijuana, THC Oil, and Edibles Without a License Even though Colorado relaxed its marijuana laws, the industry remains highly regulated. While possession of small amounts of marijuana for personal use is legal, distribution remains illegal. Therefore, you could face criminal charges in a Colorado state court instead of a federal court for distributing marijuana. Distributing more than two ounces of marijuana is a felony. The potential penalties you face depends on the total weight of the drugs distributed.  You Are Not Automatically Guilty if You Receive a Package in the Mail Containing Marijuana You might think that you are automatically guilty if drug investigators allege you sent or received a package of marijuana through the mail. That is not true. A skilled drug defense lawyer will work with you to create a defense strategy that gives you the best chance to achieve a favorable outcome.  The government has to prove that you knowingly received or sent marijuana beyond a reasonable doubt. If you did not know what you sent or received then you could have a viable defense. Additionally, you could challenge the lawfulness of the investigators’ actions by contesting the search warrant. A successful challenge to the search warrant could win the case for you entirely.  Call an Experienced Colorado Drug Crime Lawyer Immediately  Do not hesitate to call an experienced, savvy, and dedicated Colorado Springs drug defense lawyer right away if you have been arrested or are under suspicion of shipping marijuana. As a former county prosecutor, Austin Lux is uniquely qualified to give you the best chance of having a successful outcome. Time is always of the essence. Call Attorney Lux now at 719-368-7698 before it’s too late.

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| Read Time: 5 minutes | Marijuana Cultivation Defense

Everything You Need to Know about Colorado’s Marijuana Cultivation Laws

When you believe that you may be in violation of Colorado marijuana cultivation laws, the time to act is immediate. Most Colorado citizens are well aware of the legalization of marijuana in their state. With the implementation of legalization came general public service information regarding the use of recreational marijuana. 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. Colorado’s Legalization of Marijuana Passed by ballot initiative in 2012, Amendment 64 legalized the private consumption of marijuana in Colorado, and the state officially added it to the state’s constitution on December 10, 2012. Following the passing of this Amendment came regulations regarding many things, including marijuana cultivation. Here is where some of these laws stand now. Home Grown Marijuana Cultivation in Colorado Coloradans can grow marijuana in their homes for personal use. The Colorado government provides some relatively clear information regarding colorado marijuana cultivation laws for those growing at home. If you are being charged with a drug crime you should contact an attorney to go over the charge in Colorado. The specifics citizens should keep in mind include that: Coloradans can grow marijuana in their homes for personal use; Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time;  All residences are limited to a maximum of 12 plants unless certain requirements are met (local laws can vary); and  Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly—this means the plants can’t be outside. 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. 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. 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.  Facility Marijuana Cultivation in Colorado Colorado marijuana cultivation laws for facilities have additional considerations. These laws involve: An application to be a facility,  The government granting the applicant a license, and Fees for both the application and license.  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:  Tier 1 (1-1,800 plants), Tier 2 (1,801-3,600 plants),  Tier 3 (3,601-6,000 plants), Tier 4 (6,001-10,200 plants), and Tier 5 (10,201-13,800 plants). 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. Colorado’s General Stance on 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. Some of their advice includes that home growers: Only use carbon dioxide generators that are safe for indoor use; Wear personal protective equipment when using pesticides; and Make sure a licensed electrician installs all lights and other equipment to prevent fire hazards.  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? Those who are growing marijuana in their home or at a facility, especially if they fear being in trouble with the law, have a reason for concern. Consequences of Violating Colorado Marijuana Cultivation Laws 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. Based on the amount one has above the legal limit and other factors (such as whether the person has prior convictions), one may face: A mandatory court appearance, Punishment of up to 2 years of imprisonment, and  A fine of up to $100,000, For cultivation in a facility, there are additional considerations. These include that: Marijuana sales by unlicensed entities are broadly subject to criminal penalties;  The state regulates retail sales of cannabis by state-licensed entities to those over the age of 21;  The Department of Revenue also regulates the retail marijuana industry; and Criminal statutes provide punishments for those who violate facility cultivation laws. 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. Some Colorado criminal lawyers may have an idea of penalties for violations and how to defend against charges. However, given the complexity of Colorado marijuana cultivation laws, Coloradans who believe they need legal help in this arena need to reach out to a top-notch law firm with experience. Minors and Colorado Marijuana Cultivation Laws As with all states, Colorado has numerous laws to protect juveniles from abuse and neglect and lead them away from delinquency. Those cultivating marijuana need to understand that there are special considerations regarding minors and cultivating marijuana in homes and facilities. Specifically: At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access; At homes without residents under 21, home growers must take extra precautions to make sure any visiting youth don’t have access to marijuana plants; and The sale, transfer, or dispensing of marijuana to a minor carries hefty penalties. The law also drives the point home by adding that those working in a facility cultivating marijuana must be age 21 or older. The...

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