Denver Marijuana Lawyer

Marijuana in Colorado Criminal Law

In 2014, the state of Colorado entered the national spotlight when, along with Washington state, marijuana became legal. Well, mostly. Although many around the nation are looking at Denver as an American Amsterdam, the fact is that legalization did not open the door to wanton use. There are still restrictions related to marijuana, primarily to quantities and means of transfer between individuals.

Two years later and there is much confusion about marijuana laws in Colorado. This is in part because the laws are very complex. They are complex because of the myriad of other laws related and impacting the legalization. That is why if arrested on charges related to marijuana, although the penalties may seem light, problems could arise. It is still best to seek legal representation that understands the complexities of the Colorado pot laws.

Is Marijuana Completely Legal in Colorado?

Marijuana in Colorado is legal for both medicinal and recreational use but heavily regulated. Amendment 64, which became law for the state, declares

“THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL.”

Just as the legal drinking age in Colorado is 21, so too marijuana. However, alcohol possession is unlimited; marijuana possession is not. A few of the limits related to marijuana possession include:

  • Initially, purchases were restricted to 7 grams, but in 2016 the limit was raised to 28 grams (nearly an ounce – 0.988 to be exact)
  • The limit applies whether purchasing flower, concentrate, or edibles, individually or combined.
  • Adding to the confusion is that on October 1, 2016, the law regarding the type of marijuana purchased takes effect.
  • Under the new law, there is a formula for distinguishing between the differing THC levels in different types of product
  • One ounce of flower = 8 grams of concentrate
  • One ounce of flower = 800 milligrams of edibles
  • However, the limit remains 28 gram’s total, so when making mixed purchases, one can easily run afoul of the law.
  • Stores may operate between the hours of 8am and midnight.
  • Marijuana may not be consumed openly and in public (which is a big difference between Denver and Amsterdam). Incidentally, public consumption of marijuana is one of the biggest charges in Denver and other cities with cannabis shops.
  • Sales of marijuana without the proper licensing from the state is a violation of the law. If less than 4 ounces was involved, it is a misdemeanor; more than that is a felony charge of sale or distribution of marijuana.
  • Sales to a minor is a serious offense. A minor is anyone under the age of 21 for purposes of this law. For instance, it is not illegal to pick up some for a friend, provided you do not profit and your friend is of legal age to possess.

These are just some examples of the mass of laws surrounding the legalization and regulation of marijuana in the state of Colorado.  Some laws are city, some laws are state. Thus, there are many ways in which someone can run afoul of the law without intending to. If this happens to you, get in touch with The Law Office of Matthew A. Martin, P.C.  Specializing in DUI and Criminal Defense related to the new marijuana laws, Martin can help.

The Law Office of Matthew A. Martin, P.C. is located at 1873 S. Bellaire Street Suite 200, Denver, CO 80222. The Law Office of Matthew A. Martin, P.C. has been helping the people of Denver fight cases of DUI, Drug possession, and more since 2003. In that time, the rights of hundreds have been protected. Read some Success Stories here.

Some Useful Resources

NORML Colorado Laws & Penalties

PotGuide. Marijuana Laws in Colorado

Retail Marijuana use Within the City Limits of Denver

State of Colorado Medical Marijuana Registry

Amendment 64 Use and Regulation of Marijuana (pdf)

Article XVIII, Section 16:  Personal Use and Regulation of Marijuana, Colorado Constitution 

Colorado Revised Statutes 2013 TITLE 18 CRIMINAL CODE (pdf)

If you need a marijuana lawyer in Denver, call 303-725-0017
Payment plans and financing are available to qualified clients and your initial consultation is free.

The Law Office of Matthew A. Martin, P.C. provides representation to clients seeking a marijuana lawyer in Denver,  Parker, Golden, Centennial, Brighton and Kiowa. No law firm or attorney can guarantee the outcome of your drug possession case. All content contained on this site is for informational purposes only, and is not intended to be mistaken for legal advice. Visiting this web site does not establish an attorney/client relationship, so please refrain from sending any sensitive or incriminating information through this site until such a relationship has been established in writing.