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.
The wait time to seal criminal records in Colorado depends on the type of conviction.
5. How many plants can you grow in Colorado legally with a medical card?
Note that people under 21 convicted of possessing pot or of marijuana use face a petty offense charge for being a minor in possession (CRS 18-6-701). Penalties increase with each successive conviction:
And charges that get dismissed can be sealed immediately. 6
8. Are grow houses legal in Colorado?
Colorado’s application fee for a cultivation facility is $4,000. The annual renewal fee depends on the number of marijuana plants. 9
Waiting time to seal records
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
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.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
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 without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
Therefore, when facilities violate Colorado marijuana cultivation laws, the penalties may well surpass those of home growers and may come from various agencies and judicial jurisdictions.
The Lux Law Firm is a criminal defense law firm based in Colorado Springs, Colorado. Lead attorney Austin Lux transitioned from his work as a county prosecutor into criminal defense private practice.
When law enforcement charges a person with a violation of homegrown Colorado marijuana cultivation laws, they should urgently reach out to a cultivation defense firm.
Consequences of Violating Colorado Marijuana Cultivation Laws
He has also held roles training local law enforcement agencies and working with the Federal Drug Enforcement Agency (DEA). As a result, he now uses his massive understanding of the criminal justice system and skills as a trial attorney to represent his firm’s clients.
Based on the amount one has above the legal limit and other factors (such as whether the person has prior convictions), one may face:
Austin is professional, approachable, and highly skilled in criminal defense. He has an outstanding ability to negotiate with district attorneys and law enforcement members, handle everyday and explosive cases in the courtroom, and always stand up for clients.
Minors and Colorado Marijuana Cultivation Laws
However, do not take these helpful hints to indicate that Colorado is lenient regarding the violations of marijuana cultivation laws. Just how serious are they in this regard?
Following the passing of this Amendment came regulations regarding many things, including marijuana cultivation. Here is where some of these laws stand now.