| 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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Update on COVID-19

El Paso and Teller County courts are still open and but are now operating on an emergency basis. Courthouse visitors have been restricted and many cases are now being rescheduled, although questions about specific court appearances should be directed to the division the case is assigned to. Division phone numbers can be accessed here. Jurors are still ordered to honor their summons but may submit a postponement request if they are experiencing symptoms or are at risk for serious illness. The Colorado Supreme Court has ordered that certain cases and court proceedings may not be suspended during the COVID-19 pandemic. These include: Petitions for temporary civil protection orders and pennanent protection order hearings; Petitions for temporary emergency risk protection orders and hearings on emergency risk protection orders; Crim.P. Rule 5 advisement for incarcerated persons and the initial setting of bail; Revocation hearings on complaints to revoke probation involving an incarcerated defendant; Proceedings necessary to protect the constitutional rights of criminal defendants including bond-related matters and plea agreements for incarcerated individuals; Detention hearings for juvenile delinquency cases; Shelter hearings in dependency and neglect cases or other juvenile proceedings; Petitions for appointment of an emergency guardian and/or special conservator; Hearings on motions to restrict parenting time and parental abduction prevention; and Emergency mental health proceedings. You can view the Chief Judge’s order in its entirety by clicking here.

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