And charges that get dismissed can be sealed immediately. 6
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.
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.
7. Can I be deported?
The wait time to seal criminal records in Colorado depends on the type of conviction.
If a person under 21 lives in the home, the area where the marijuana is grown must itself be enclosed and locked. And if a person under 21 enters the home, access to the homegrown marijuana must be reasonably restricted from him or her. 1
Medical marijuana patients can ask the Colorado Department of Public Health and Environment for an extended plant count.
4. How do I fight the charges?
In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
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.
The laws are different for medical marijuana consumers.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
Coloradans can grow marijuana in their homes for personal use.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.