Marijuana Possession Attorney Colorado
Marijuana, according to the Federal government is considered to have no medical treatment use in the United States. It is considered a schedule I drug, and yet there are still 16 states that have legalized marijuana for medicinal use.
Colorado Marijuana possession has been decriminalized for amounts smaller than two ounces, with cities like Denver have legislated the drug as smallest importance even below jaywalking, and Breckenridge legalizing amounts up to one ounce. Marijuana Cultivation is a different matter, and having too many plants if a Medicinal User carries a fine, or a felony if cultivating without a medical license. Someone can still be charged with possession under Federal Law, and if an encounter with Federal Agents does occur, then even minor possession charges could result in jail.
Without a Medical Marijuana card, the penalties in Colorado for Marijuana possession vary based upon the weight:
Less than one ounce possession is a class 2 petty offense punishable by not more than $100.
When arrested or detained because of low quantity possession of marijuana, the arresting officer will provide said person with a summons to appear in court, and a place for the person to sign. Failure to appear in court is punishable by a class-3 misdemeanor.
Consuming marijuana in public, if less than an ounce, will be a class 2 petty offense, punishable by $100 and depending on the court's ruling fifteen days in jail.
Possession of more than one ounce, but less than eight ounces is punishable by a class-1 misdemeanor, unless there is a prior conviction in which case the conviction will be a class-5 felony.
Possession of more than 8 ounces is punishable as a class 5 felony, unless the offender has a previous conviction in which case possession is a class-4 felony.
Transferring or dispensing less than one ounce for no consideration is a considered simple possession, and does not constitute a special crime.
Section 18-18-406, C.R.S.
We have been defending clients from Marijuana Possession charges for over 18 years in Jefferson, Adams, Douglas, Denver, Arapahoe, and every other Colorado county. If you or a loved one has been contacted by the police regarding Marijuana Possession, be smart, exercise the right to remain silent, and contact O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.
