Denver, in particular, is now considering allowing permanent walk-up and drive-thru windows.
MED set forth new procedures for a licensee’s recall of marijuana. The new rule mandates that a licensee must have a written recall plan. Also, the MED overhauled its sampling procedures for marijuana testing, including adjusting the minimum number of sample increments to be collected depending on what marijuana product is being sampled. Finally, a rule was adopted to reinstate a license that was expired for less than 30 days.
Also, the licensee must consider any expiration dates of additives used to make the vaporizer, the vaporizer’s final formulation, and the vaporizer’s ideal storage conditions when determining expiration dates. Licensees must create business records of their expiration date determinations and any data used to make those determinations.
To-go and Drive-up Windows
Before 2021, all managers and employees of a medical or retail marijuana business with day-to-day operational control had to be Colorado residents when they applied for licensure. HB20-1 080, which was passed in 2020, repealed that requirement.
Under these new rules, marijuana growers can send their leftover stalks, leaves, and other unusable plant matter to facilities for anaerobic digestion, which is an accelerated composting process that captures the emitting gases. This is a superior method to composting because, while composting does recover nutrient value from the plant material, it still releases gases into the atmosphere. Biocharring is the process of burning plant material into nutrient-dense charcoal that can be used as a cultivation additive. Biomass gasification is a thermochemical conversion of plant matter into usable gases.
Future Marijuana Laws
Previously, those convicted had to file a petition with the court, which included notifying the district attorney’s office that charged them and additional court hearings. Under the new law, those seeking to seal their records must still file petitions in court; however, courts are now automatically required to seal the convictions so long as all the criteria are met. This streamlined process only applies to citizens that have not been convicted of another crime since their release from probation or parole.
HB 1317, a bill concerning the regulation and effects of high-potency THC products, awaits the governor’s approval after it passed the Senate unanimously and without much opposition in the House. The bill proposes sending the Colorado School of Public Health $1 million per year over a three-year period to conduct a study of existing research on the impact of high-potency THC marijuana and concentrates on physical and mental health and to fill in the gaps of that resulting research.
Each cultivation facility is assigned a different tier depending on the number of plants it has:
Medical marijuana patients in Colorado can grow up to 99 plants on a non-residential property in accordance with local law. 10 But they should get an extended plant count first by contacting the medical marijuana registry.
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.
People in the marijuana business who violate the law face not only criminal penalties. There also may be civil penalties imposed by the applicable agencies and the Department of Revenue. 8
8. Are grow houses legal in Colorado?
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.
But if there were more than 24 plants, a subsequent illegal cultivation offense is a class 3 drug felony. The sentence is two-to-four years in Colorado State Prison and/or fines of $2,000 to $500,000. But the prison term becomes four-to-six years if there are aggravating factors. Examples are if the defendant was:
And charges that get dismissed can be sealed immediately. 6
9. How much is a grow license in Colorado?
The maximum 12-plant per household rule applies to card-holding medical marijuana patients and caregivers, but there are exceptions. Patients can possess up to 24 plants at home if they:
Call our law firm for legal advice. We offer free consultations in the state of Colorado. We have law offices in Denver, Colorado Springs, and Greeley.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
The laws are different for medical marijuana consumers.
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.
Coloradans can grow marijuana in their homes for personal use.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.