Drug crimes always carry the risk of deportation for non-citizen defendants. Immigrants facing any criminal charges are encouraged to contact an experienced attorney as soon as possible to try to get the charges dismissed or changed to a non-deportable crime. 7
A common defense to marijuana cultivation charges is that the police found the plants through an illegal search and seizure. If the defense attorney can show the judge that law enforcement violated the defendant’s Fourth Amendment rights, then the judge may suppress all evidence of the plants. And this may leave the D.A. with too little evidence to prosecute.
Yes, with the applicable licenses. Go to the Colorado government’s official cannabis site as well as county government websites for information on the requirements, applications, fees, licenses, and renewals for creating a professional marijuana farm or a retail marijuana dispensary to sell THC / marijuana products.
Each cultivation facility is assigned a different tier depending on the number of plants it has:
8. Are grow houses legal in Colorado?
A first-time conviction of growing more than 12 plants is a level 1 drug petty offense under Colorado state law, punishable by up to $1,000.
No. Colorado law prohibits people under 21 years of age from growing or possessing recreational marijuana.
Another potential defense is that the plants did not belong to the defendant, and the defendant exercised no physical control over them. Unless the defendant owned or possessed the plants, then the charges should be dismissed.
5. How many plants can you grow in Colorado legally with a medical card?
Possessing more than 12 marijuana plants in a residence is a Colorado crime.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
Don’t forget that counties and municipalities can pass stricter laws. For example, Denver limits a home grow to 12 plants, even if there are three or more adults over age 21 in the residence. Be sure to check your local laws for specific details.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
The laws are different for medical marijuana consumers.
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.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
The law provides a statewide definition for social equity licenses, declaring that an eligible licensee is a Colorado resident who can demonstrate: (1) residency for 15 years in an area designated as an opportunity or a disproportionally impacted, according to the Marijuana Enforcement Division (“MED”), between 1980 and 2010; (2) the applicant or an immediate family member was arrested for or convicted of a cannabis offense; or (3) their household income does not exceed 50% of the state median income for their household, which the Colorado Department of Revenue determines each year.
Social Equity Program
The law has additional provisions advancing social equity goals. The law gave the governor the power to grant pardons to those convicted of possessing up to one ounce of marijuana. Colorado Governor Jared Polis immediately acted on this bestowed power, pardoning more than 2,700 people in October 2020. Also, the law modified the felony requirement for licensure, mandating that a cannabis conviction cannot serve as the sole basis for license denial. Despite its socially equitable aims, some have criticized the bill for coming too late as the cannabis marketplace has been established in Colorado for seven years, making the existing barriers to marketplace entry challenging for socially disadvantaged persons to overcome.
Marijuana Delivery Services
Coroners must also order a toxicology screen to test for THC in non-natural deaths of those under 25 under the bill. The Department of Public Health and Environment must compile a report on hospital discharge data that identifies patients who display conditions or diagnoses reflecting marijuana usage. Also, the purchase limit on concentrates for both medical and recreational purchasers would be reduced from 40 grams to 8 grams per day. Finally, the bill would require doctors who recommend medical marijuana to review a patient’s mental health history in addition to the already required analysis of their physical health.