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Marijuana Possession Attorney in Boulder

| Mar 22, 2019 | Marijuana |

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Marijuana is a drug that has been legal (for those over 21) since 2012 in Boulder, and throughout Colorado. However, regulations surrounding Marijuana are still strictly regulated. The quantity someone can possess, the sale of the drug, and the manner in which it is grown are all protected by laws. As we embark on spring in 2019, it is important to be aware of Marijuana regulations and what to do if possession and distribution come into question. Always contact a marijuana possession attorney if you’re questioned by law enforcement or facing a charge.

What is Illegal Use of Marijuana in Boulder?

C.R.S. 18-18-406 defines the offenses related to marijuana in Colorado. There are two primary categories associated with marijuana crimes:

  • Possession (more than is legal)
  • Sale (unauthorized)

Possessing, transferring, or transporting a quantity beyond the legally permissible amount of marijuana is a crime in Boulder, Colorado. It can be charged as a petty offense all the way up to a felony. The factors that determine the severity of the charge are whether the marijuana was for personal use / intent to sell and the amount / type of marijuana. Selling marijuana is unlawful unless you are an authorized seller AND complying with Colorado’s marijuana laws. The severity of the charge depends on the amount of marijuana exchanged and the age of the person it was sold to.

Consequences of Unlawful Possession of Marijuana in Boulder

While smoking marijuana is legal in Colorado, regulations are in place regarding the amount that is considered legal to possess for personal use. Below are the quantities and potential punishments:

  • More than 1 ounce but less than 2 ounces = up to a $100 fine
  • 2 – 6 ounces = class 2 misdemeanor (3 – 12 months in county jail and a fine of $250-$1,000)
  • 6 – 12 ounces = class 1 misdemeanor (6-18 months in county jail and a fine of $500 – $5,000)
  • More than 12 ounces = class 6 felony (1 -2 year in prison and a fine of $1,000 – $100,000)
  • Less than 5 lbs = class 5 felony (1 – 3 years in prison and a fine of $1,000 – $100,000)
  • 5 – 100 lbs = class 4 felony (2 – 6 years in prison and a fine of $2,000 – $500,000)

The following outlines the punishments for illegal sale, transfer, and dispensing of marijuana in Colorado:

  • More than 1 ounces but less than 2 ounces = up to a $100 fine
  • Less than 2 ounces = class 2 petty offense (up to 15 days in jail and a fine of up to $100)
  • More than 2 ounces = class 2 misdemeanor (3 – 12 months in county jail and a fine of up to $5,000)
  • Between 2 ounces and 5 lbs to a minor = class 4 felony (2 – 6 years in prison and a fine of $2,000 – $500,000)
  • More than 5 lbs to a minor = class 3 felony (4 – 12 years in prison and a fine of $3,000 – $750,000)

Lawyer for Marijuana Possession in Boulder

Contacting an experienced drug crimes attorney is critical if you’ve violated Colorado’s marijuana laws. Whether you made an honest mistake or were unaware of the sometimes-confusing regulations on marijuana, we are here to help. Our expert criminal defense lawyers are experienced with drug offenses and know how they’re approached by law enforcement and prosecutors.

If you or someone you know is facing a criminal charge involving marijuana, be smart. Contact the skilled defense attorneys at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.

Photo Credit: Pexels – Michael Fisher