Toll Free: 877-259-5693 Phone: 720-488-9586 Fax: 720-488-9587
On January 1, 2013, Colorado became the first place anywhere in the world to allow legal marijuana sales to anybody over 21 for any purpose, including recreational use. Residents of Colorado are also allowed to grow Marijuana privately, but under very strict guidelines and regulations. This article offers some useful insight on who can grow marijuana in Colorado, what the regulations are and what consequences you can expect if you breach the law.
Toll Free: 877-259-5693 Phone: 385-258-2413 Fax: 720-488-9587
102 South Tejon St. Suite 1100 Colorado Springs, CO 80903
In conclusion, even though the personal cultivation of marijuana has been legalized in Colorado, there are strict guidelines that need to be followed. Illegal possession of marijuana plants is a criminal offence and is punishable by law in Colorado. If you have any questions or concerns, please contact Pollart Miller LLC to consult on your specific case.
Who can grow marijuana in Colorado?
If you are over the age of 21 and want to grow Marijuana without a cannabis business, the number of marijuana plants under your care must not exceed 6 as outlined in the Constitution of Colorado, Article XVIII section 16 (3). In case you exceed the limit and you are found to be in illegal possession of marijuana plants, you will have committed a drug felony, hence punishable by 6-18 months imprisonment and a fine not exceeding $100,000.
170 S. Main St. Suite 1050 Salt Lake City, UT 84101
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.
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 without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
A subsequent illegal cultivation offense is a level 1 drug misdemeanor if there were no more than 24 plants. The sentence is six-to-18 months in county jail and/or fines of $500 to $5,000.
3. What are the penalties for illegal cultivation?
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
5. How many plants can you grow in Colorado legally with a medical card?
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.