any amount of marijuana or concentrated cannabis (hashish) without a state license.
Under the CUA, the following people can legally grow hash for medicinal use:
A defendant can beat a charge under this statute with a legal defense. Common defenses include:
An accused is only guilty under this statute if:
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Cultivation laws call for felony penalties in certain situations. This is when people cultivate more than six plants and:
Our California criminal defense attorneys will answer the following key questions in this article:
Unless local law permits otherwise, a person must grow weed:
8.1. Simple possession of marijuana – HS 11357
HS 11358 only applies to the cultivation of marijuana. This means it is always a valid defense for a defendant to say that:
A conviction under this statute, though, does not produce these results.
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.
Coloradans can grow marijuana in their homes for personal use.
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.
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.