Medical marijuana patients can ask the Colorado Department of Public Health and Environment for an extended plant count.
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
In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
6. How soon can the criminal record be sealed?
A subsequent illegal cultivation offense is a level 1 drug misdemeanor if there were no more than 24 plants. The sentence is six-to-18 months in county jail and/or fines of $500 to $5,000.
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:
2. Can people under 21 grow marijuana?
Waiting time to seal records
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.
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.
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.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.