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.
Colorado marijuana law permits adults 21 and older to home grow up to six cannabis plants in a residence as long as:
Colorado’s legalization of the recreational use of marijuana happened only in 2012 with the passage of Amendment 64. Adults 21 years old and older now may possess up to two ounces of marijuana for personal use. 2
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.
9. How much is a grow license in Colorado?
Possessing more than 12 marijuana plants in a residence is a Colorado crime.
And charges that get dismissed can be sealed immediately. 6
1. How much marijuana can I grow in Colorado?
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.
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.
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.
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.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
The MED also implemented new emissions testing standards for vaporizer products that become effective on January 1, 2022. The rule requires that a licensee submit every produced batch of regulated marijuana concentrate in a vaporized device to an accredited Colorado laboratory to be tested for metal contamination via emissions testing. Heavy metals can contaminate crops in several different ways during the cultivation and production processes.
The MED can implement and enforce these rules independently of the state legislature because it is granted regulatory and enforcement power over the state’s medical and retail marijuana industries. Colorado implemented several waste measures to curb the environmental impact the marijuana industry produces. This impact is quite substantial: the marijuana industry produced 3,650 tons of marijuana plant waste in 2019. The MED opened several avenues around the state’s 50/50 requirement, requiring that unused plant matter can be mixed with other materials such as sawdust, bleach, and coffee grounds as long as the marijuana-to-waste ratio is 50/50.
The MED also implemented new emission testing and storage requirements for vaporizer products. Effective July 1, 2022, a marijuana products manufacturer that produces marijuana vaporizer devices must establish expiration dates for the products. The new rule mandates that potency and contaminant must be used to determine the expiration date.
In response to the COVID-19 pandemic, the MED decided to make walk-up and drive-up windows, once thought to be a temporary measure, a permanent option for marijuana businesses to encourage social distancing. Marijuana businesses must apply for a permit to make such a window, and they cannot display marijuana at the windows. Also, stores must have a video surveillance system that enables recording the patient’s identity and recording an employee verifying the customer’s identification.
On March 21, Colorado Governor Jared Polis signed SB 21-111 that establishes the new Cannabis Advancement Program, which the Office of Economic Development and International Trade (“OEDIT”) will oversee. The bill provided that the new program will be supported with $4 million in loans, grants, and technical assistance for marijuana business applicants that qualify under the state social equity program. State marijuana tax revenue will be used to fund the program.
Aurora and Denver are the only cities that have approved marijuana delivery programs. Aurora decided to implement its delivery program with a focus on social-equity applicants. Only social-equity applicants will be able to receive a delivery license for the first three years of the plan, and the application fees for the delivery license are mostly covered with a city grant. Deliveries are limited to one per day, cannot be more than one ounce or eight grams of marijuana concentrate, and cannot be made to college campuses. Permits granted are valid for one year.
On May 21, 2021, Jared Polis signed a bill that increases the legal amount of cannabis an adult can possess from one to two ounces. The new law took effect immediately. Polis announced that he would begin reviewing records to prepare additional pardons for a person convicted of possessing between one and two ounces of marijuana. The law also included a streamlined process for sealing the records of people convicted of possessing between 1 and 2 ounces of marijuana.
New MED Rules effective in 2021
The MED passed several new rules that went into effect in 2021, most simply being a codification of past practice.
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.