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.
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
4. How do I fight the charges?
Medical marijuana patients can ask the Colorado Department of Public Health and Environment for an extended plant count.
Possessing more than 12 marijuana plants in a residence is a Colorado crime.
2. Can people under 21 grow marijuana?
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.
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.
Coloradans can grow marijuana in their homes for personal use.