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Marijuana Cultivation Laws

In 2014, Colorado passed Amendment 64, which made it legal to cultivate, manufacture, sell and possess marijuana. Amendment 64 does not give free license to wholesale distribute or to possess marijuana in bulk; rather, the bill placed legal limits on the drug in an effort to reduce hospitalizations and convictions. Failing to abide by cultivation laws is a felony offense.

In the following article, we’ll go over how much a person is legally allowed to grow for their personal use and what the penalties may be for stepping over that limit.

Denver Marijuana Cultivation Lawyers

Colorado’s cultivation laws are fairly straightforward, but misunderstandings can happen. When they do, you need a strong attorney to defend you – these misunderstandings can result in felony convictions and penalties can quickly spiral out of control.

The Office of Matthew Martin represents clients on charges for drug charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County. Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

To request an initial consultation call (303) 725-0017.

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Amendment 64 and Legal Cultivation

It is legal for homeowners over the age of 21 to grow their own marijuana according to Colorado Revised Statutes 18-18-406(3)(a). However, there are a few stipulations:

  • You may not grow more than six cannabis plants at once
  • No more than 3 of the plants may be mature and flowering (budding)
  • The plants cannot be visible from the outside

Similar to alcohol laws, the marijuana must be reasonably restricted from any person under the age of 21. Failing to do so may result in fines or child endangerment charges.

Additionally, the amount of marijuana you can harvest and keep in the house is just 2 ounces. Any more than 2 ounces is a misdemeanor charge that may be penalized by jail time.

Note: Counties and cities have the right to enforce stricter marijuana laws than the state. Be sure to check with your local city and county websites before growing marijuana.

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Overgrow Penalties

Because part of Colorado’s rationale for legalizing marijuana cultivation was to protect the end customer via regulation, the state makes it a felony to produce marketable quantities of marijuana.

Legal Limit: 6 plants.

Anything over the legal limit is a felony offense punishable by the following schedule:

Amount of Plants Level of Offense Penalties
6 Plants or fewer N/A N/A
6-30 plants Felony
  • 6 months – 2 years imprisonment
  • Up to $100,000 fine
30+ plants Felony
  • 2 – 6 years
  • Up to $500,000 fine

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Defenses for Cultivation Charges

Compliance with State Law: For recreational use, Colorado law permits adults 21 and older to grow up to six plants per person, with no more than three in the flowering stage at any time, and with a maximum of twelve total plants per residence. Medical patients might have higher limits based on their medical needs. Your lawyer can argue that you did not have knowledge that your plants had begun to flower, placing you over the legal limit.

Medical Necessity: If the cultivation exceeds the standard legal limits, a defendant might claim medical necessity, showing that a higher quantity of marijuana is required to treat a specific health condition. This would likely require substantial medical documentation and expert testimony.

Lack of Knowledge: Your lawyer could also argue that you were unaware of the plants’ presence or that the plants belonged to someone else. This defense might apply in situations where you are renting a property or has roommates.

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Additional Resources

Home Grow Laws – Visit the Colorado State Government’s website to get more information on home grow laws and legal marijuana use in general.

NORML – The National Organization for the Reform of Marijuana Laws offers additional information on marijuana use penalties in Colorado as well as news and other information regarding marijuana use around the country.

C.R.S. 18-18-406(3)(a) – Read the original case text for Colorado’s Marijuana laws.

 

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Hire a Denver Marijuana Cultivation Lawyer

Matthew Martin represents clients on charges for drug charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County. Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

To request an initial consultation call (303) 725-0017.

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