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Colorado Marijuana Laws
Marijuana ChargesFight Marijuana Drug charges and Reduce Penalties with help from a lawyer. |
Colorado marijuana laws are progressive, as the state has moved to decriminalize petty charges, institute Colorado marijuana dispensaries for medical patients, institute medical marijuana laws, and create diversion programs for first time offenders. That said, the state still arrests around 10,000 people a year for marijuana-related issues, according to the Department of Justice. Moreover, with a yearly crop count averaging at about 55,000 pounds with a $375 million dollar street value in spite of Colorado marijuana cultivation laws, the arrests will keep coming. This makes it important to consult with a marijuana attorney for anyone who has been charge with a marijuana offense in Colorado, so that all rights pertaining to Marijuana law will be explored and upheld for each individual.
Medical Marijuana Users
Colorado has passed measures making is legal in the eyes of the state, not federal government, to use medicinal marijuana with written documentation from a physician stating they might “benefit from the medical use of marijuana.” The amendment was passed in 2000, and set up a confidential state-run registry for medical marijuana users. Typically, illnesses such as cancer, HIV or Aids, MS and other illnesses that result in muscle spasms, epilepsy and other disorders characterized by seizures, illnesses that result in nausea and glaucoma are where medical marijuana would be prescribed. Registered users or their caregivers are allowed to possess no more than 2 ounces of usable marijuana and may cultivate no more than 6 plants.
Non-Medical Users:
Colorado has decriminalized non-violent petty use of marijuana for first time offenders who are non-medical users. The state has also lowered the penalties for possession, especially for anything under 8 ounces. In addition, the state has created alternative and diversion sentencing for people facing their first charges. This allows for people to complete alternative sentences that result in probation rather than a trial and, upon successful completion of the program, wipes the charge from the person’s record. This usually includes a sentencing of 16-48 hours of community service.
Penalties for Marijuana Use and Possession in Colorado:
| Possession of 1 oz or less | The penalty is a $100 fine | |
| Possession of 1 oz or less combined with failure to appear | Misdemeanor | Penalties include up to 6 months in jail and a $500 fine |
| Possession or use in public | Misdemeanor | The penalty is an additional 15 days of jail time added to the original sentence |
| Possession of 1 to 8 ounces | Misdemeanor | Penalties include 6-18 months in jail and a fine ranging from $500-$5,000 with a $600 surcharge |
| Possession of more than 8 oz | Felony | Penalties include 1-3 years in jail and fines of $1,000- $100,000 with an $1,125 surcharge |
Second offenses and beyond for convictions for over 1 oz can result in doubled penalties for repeat offenders.
Penalties for Growing, Selling and Trafficking Marijuana:
Sale or Cultivation:
| Less than 1 oz without any payment | Petty Offense | The Penalty is a fine of $100 |
| Any amount with payment received | Felony | Penalties include 2 to 6 years of jail time and fines ranging from $2000-$500,000 with a $600 surcharge |
| Transporting more than 100 lbs | Felony | Penalties include 8 to 24 years of jail time and fines ranging from $5,000-$1,000,000 |
| Transfer to a minor | Felony | Penalties include 8-24 years in jail and fines ranging from $2,000-$500,00 |
| Sale within 1,000 feet of public housing or a school | Felony | Penalties include 8-24 years in jail and fines ranging from $10,000 to $100,000 |
| Possession or Sale | Petty Offense | The penalty is a fine of $100 |
Penalties for Driving Under the Influence of Marijuana (DUID)
Colorado currently has no driving under the influence of marijuana or DUID laws.
Legal Help with a Marijuana Offense
While much decriminalization has occurred in Colorado, the penalties for possessing anything above trace amounts of marijuana or selling anything at all are still harsh. If you have been convicted of any marijuana-related charge, you should seek a marijuana attorney immediately so that the lawyer you choose can begin to work immediately to see what your options are under the law. With a good marijuana lawyer, you have a much better chance of reaching some sort of plea bargain and can be sure your rights are completely protected throughout the process.