Colorado Springs Marijuana Cultivation Lawyer Helping You Navigate Colorado Marijuana Laws
While it is true that the legalization of marijuana in Colorado has made it possible to grow a small number of marijuana plants for personal use, there are still restrictions that can lead to drug crime charges if violated. Running afoul of Colorado’s marijuana cultivation laws can lead to severe penalties, including the possibility of jail time, heavy fines, loss of your professional license, and a permanent criminal record. If you have been charged with a marijuana cultivation crime, the experienced and knowledgeable criminal defense attorneys from The Lux Law Firm, PLLC will aggressively defend your rights and help you to get the best outcome and protect your future. Call our Colorado Springs office today at 719-451-7469.
How Does Colorado Regulate Marijuana Cultivation for Personal Use?
Current Colorado law allows those over 21 years of age to grow up to six plants with up to three flowering at any one time, as long as they are for personal use only and not for sale or distribution. The maximum number of plants allowed to be grown in any one home is 12, regardless of how many adults live in the home. Counties and municipalities, however, can pass stricter laws with lower limits on home growing. Statewide, marijuana plants must be grown in an enclosed and locked area that is not visible to those outside the home, like through a window.
Outside growing is prohibited. If there are people in the home who are under 21, the grow area must be locked and inaccessible to the minors of the household, as well as to any visitors under 21. Those over 18 with a medical marijuana card are allowed to cultivate larger quantities, depending on where they live and whether they are subject to county or city laws regulating marijuana cultivation in addition to Colorado state laws.
How Does Colorado Regulate Marijuana Cultivation for Licensed Recreational Growers?
The Marijuana Enforcement Division of the Colorado Department of Revenue is responsible for licensing and regulating the medical and retail marijuana industries in Colorado. There are 5 tiers of licenses for recreational marijuana cultivation facilities, based on the number of plants allowed to be grown:
- 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)
It can cost hundreds to thousands of dollars for the application and licensure process to cultivate recreational marijuana legally in a facility. The license application fee for growers, processors, and dispensaries is charged per facility and per license type. Yearly renewals are required to remain compliant. Different rules apply to medical marijuana cultivation licenses, just as they do with home growing. Penalties for violating the rules of a recreational marijuana growing facility license can be severe.
What Penalties Could I Face if I Am Convicted of a Marijuana Cultivation Crime?
Home growers who violate the legal limits on home marijuana cultivation will face differing penalties based on factors such as the number of plants being grown, the grower’s previous convictions, if any, and other factors specific to each case. Penalties that could be imposed if convicted include a mandatory court appearance, up to two years of incarceration, and a fine of up to $100,000. For licensed facilities, other laws and penalties may apply, and violators may face not only criminal penalties but also civil penalties and possible revocation of the license.
Colorado has relaxed some of its marijuana laws in recent years, but there are still limits, and violations of the limits are taken seriously by law enforcement, regulatory agencies, and the courts. At The Lux Law Firm, our marijuana cultivation attorneys have the skill, experience, and proven track record of success to help you build the strongest defense possible against your marijuana cultivation charges. Call us today at 719-451-7469.
Are There Recommended Practices That Can Make Home Growing Safer?
There are several recommendations from Colorado regulating agencies that can help you grow safely and legally in your home. These include:
- Preventing fire hazards by making sure all lights and other equipment are installed by a licensed electrician.
- Preventing mold growth using materials for the walls of your grow area that don’t easily absorb moisture (painted concrete or plastic are suggested).
- Making sure the growing space has good ventilation to get rid of excess heat and moisture.
- Wearing personal protective equipment when using pesticides or fertilizers, though the use of these chemicals is best avoided if possible.
- Using only carbon dioxide generators that are safe for indoor use.
If I Have Been Charged with a Marijuana Cultivation Offense in Colorado, Is There a Way to Clear My Record?
Having a criminal record can follow you your whole life, making it difficult to do things like getting jobs, getting into college, qualifying for financial aid, or renting homes. Even if your case is dismissed, dropped, or you are acquitted, the arrest will still show up. In 2021, the Colorado Legislature passed a law making it possible for Coloradans who have been charged with marijuana cultivation the opportunity to petition the court to seal their criminal record.
Although the record will still exist, the general public—your landlord, your employer, your neighbor—will not have access to it. There are waiting periods and other requirements for sealing your criminal and arrest records that a knowledgeable marijuana cultivation attorney from The Lux Law Firm can help you understand. Don’t let a prior marijuana cultivation charge get in the way of your plans for the future. Call The Lux Law Firm today for a free consultation.