What Does the Law Say About Marijuana Cultivation in Colorado?

Amendment 64 allows adults in Colorado to grow up to six cannabis plants in their private residence in a secured place, with no more than three plants being mature. Cultivating an excess of these amounts constitutes a drug felony, punishable by up to six years in prison.

The sentence can be stricter depending on the case specifics, such as whether the cultivation was near a school or public housing development. Criminal defense lawyers in Colorado Springs explain that marijuana cultivation remains a federal offense.

If convicted, you risk hefty penalties, so you should retain experienced attorneys to help you fight the charges. They can build a reliable defense strategy to protect your rights.

When is Marijuana Cultivation Illegal in Colorado?

The law allows adults over 21 to cultivate only three mature plants and three immature ones at any time. Anyone who cultivates six or fewer plants for purposes other than personal use can face charges for a Class 1 misdemeanor.

Cultivating six plants with more than three mature plants at any one time is also unlawful. The offense is a Class 1 misdemeanor. The penalties can be severe, especially because you risk spending some time in jail. Protect your rights and freedom by consulting skilled Colorado Springs marijuana cultivation attorneys to help you beat the charges.

What Are the Penalties for Illegal Marijuana Cultivation?

The penalties for illegal or unlicensed marijuana cultivation vary based on the details of the charges:

  • Six plants or fewer: A Level 1 drug misdemeanor whose penalties are a jail term of up to 18 months and a fine of up to $5,000
  • Six to 30 plants: A Level 4 drug felony whose punishment is a jail term of up to 18 months in jail and fines of up to $100,000
  • Over 30 plants: A Level 4 drug felon attracting penalties of up to 6 years in jail and a fine of up to $500,000

Penalties for Illegal Possession

Despite having a marijuana cultivation license, you could face charges for illegal marijuana possession in Colorado. The law categorizes the penalties for illegal possession of marijuana for personal use as follows:

  • Open or public display or use of 2 Oz or less: It is a drug petty offense that attracts a fine of up to $100 and up to 24 hours of community service
  • If the offense involves 2-6 Oz: A Level 2 drug misdemeanor that can be punished by up to 1 year in jail and fines of up to $750
  • 6 Oz or more: Level 1 drug misdemeanor, which attracts a penalty of a jail term of up to 18 months in jail and fines of up to $5,000.

Penalties for Sale of Marijuana

If you’re licensed to cultivate marijuana for personal use, the law prohibits you from selling it, and violating the law can attract hefty penalties depending on the case specifics:

  • Transfer of 2 Oz or less without money exchange: No penalty
  • Less than 4 Oz: A Level 1 drug misdemeanor that can be punished by a fine of up to $5,000 and up to 2 years in jail
  • 4-12 Oz: Level 4 drug felony, and the penalties are up to $100,000 in fines and up to 2 years in jail
  • 12 Oz to 5 lbs: Level 3 drug felony that attracts up to $500,000 in fines and up to 16 years in jail

The penalties become steeper if the charges involve more amounts of marijuana and if the transfer is to a minor. It would help to have the legal representation of aggressive marijuana cultivation lawyers in Colorado Springs to help you beat the charges.

What Are the Possible Defenses Against Illegal Marijuana Cultivation Charges?

Defending yourself against marijuana cultivation charges can be complex, given that cultivation is legal at the state level and illegal at the federal level. The laws’ application can be confusing, but you can navigate the intricacies with the help of qualified Colorado Springs marijuana cultivation lawyers.

They can evaluate your case specifics and help you formulate the best defense strategy that can have the charges dropped or penalties reduced. Commonly used defenses in Colorado Springs are:

  • You had no physical control of the marijuana
  • You didn’t know the drugs were on your property
  • The amount of drugs was wrongly represented, and you only had a lawful quantity of marijuana on you during the arrest
  • You were wrongly accused due to mistaken identity
  • The police entrapped you into buying the drugs
  • The police conducted an illegal search and wrongfully seized the drugs
  • Someone accused you wrongly in retaliation because they wanted to hurt you
  • You were coerced into making a confession
  • No evidence connects you to the charges
  • You had a valid prescription and instructions from your physician verifying the amount the police found you with.

Not all defenses will apply to all marijuana cultivation charges, so it’s crucial to have experienced criminal defense attorneys evaluate the case to determine the most viable approach.

An Experienced Marijuana Cultivation Attorney Helping You Beat the Charges

Colorado is one of the states that have made it lawful to cultivate and possess small amounts of marijuana. However, you could still find yourself on the wrong side of the law for violating some statutes. If this happens, you need the skills of aggressive marijuana cultivation attorneys in Colorado Springs to help you beat the charges.

The legal team at The Lux Law Firm is dedicated to helping individuals charged with drug crimes beat the charges. A past mistake should not define your future, so we fight hard to have the charges dropped or penalties reduced. A lot is at stake, so don’t go to battle alone. Call us at 719-451-7469 to schedule a FREE case assessment.