Marijuana (Marihuana) Cultivation
Colorado Laws Regarding Marijuana Cultivation: How Much Is Too Many?
While recreational and medical marijuana users (over 21 years of age) were previously permitted to grow 6 plants per person, Colorado law used to give allowances to people under certain circumstances to grow additional plants. This created a problem of large-scale cultivation on residential properties, creating both health and safety risks. It also made it easier for criminal organizations to exploit the laws regarding Marijuana cultivation, resulting in an influx of crime and illegal distribution of the drug.
In order to combat this, House Bill 17-1220 took effect on January 1, 2018, which restricts the number of marijuana plants that both recreational and medical marijuana growers and caregivers can grow, imposing fines based upon the amount of plants found:
(3) (a)(I) It is unlawful for a person to knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies or controls.
(II) (A) Regardless of whether the plants are for medical or recreational use, it is unlawful for a person to knowingly cultivate, grow or produce more than 12 marijuana plants on or in residential property; or to knowingly allow more than twelve marijuana plants to be cultivated, grown, or produced on or in a residential property.
(B) Except as provided in section 25-1.5-106 (8.5)(a.5)(I) or section 25-1.5-106 (8.6)(a)(I.5) for a medical marijuana patient or a primary caregiver with a 24-marijuana-plant-count exception to subsection (3)(a)(II)(A) of this section, it is not a violation of subsection (3)(a)(II)(A) of this section if a county, municipality, or city and county law expressly permits the cultivation, growth, or production of more than 12 marijuana plants on or in residential property and the person is cultivating, growing, or producing the plants in an enclosed and locked space and within the limit set by the county, municipality, or city and county where the plants are located.
Penalties For Violating Marijuana Cultivation Laws In Arapahoe County
In Arapahoe County and throughout Colorado, if you are a recreational user found with more than 12 plants, or a medical user or caregiver found with more than 24 plants, charges will be as follows:
A person who violates the provisions of subsection (3)(a)(I) of C.R.S. 18-18-406 commits:
- (A) A level 3 drug felony if the offense involves more than thirty plants
- (B) A level 4 drug felony if the offense involves more than six but not more than thirty plants
- (C) A level 1 drug misdemeanor if the offense involves not more than six plants
A person who violates the provisions of subsection (3)(a)(II)(A) of C.R.S. 18-18-406 commits:
- (A) A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, and, upon conviction, shall be punished by a fine of up to one thousand dollars
- (B) A level 1 drug misdemeanor for a second or subsequent offense if the offense involves more than 12 but not more than 24 plants
- (C) A level 3 drug felony for a second or subsequent offense if the offense involves more than 24 plants.
Specifics Regarding Marijuana Cultivation In Adams County
In Adams County, a “Plant” is defined as “any cannabis plant in a cultivating medium which plant is more than four inches wide or four inches high or a flowering cannabis plant regardless of the plant’s size.” Residential Property is considered “a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation” and also includes “the real property surrounding a structure, owned in common with the structure, that includes one or more single units providing complete independent living facilities.”
Jefferson County Lawyer For Marijuana Cultivation Charges
Besides being charged for cultivating more Marijuana plants than permitted, you can also face charges in Jefferson County if you allowed minors to access the plants, if the plants were not kept in an enclosed and locked area, if they were outside, or if you broke your county or municipal laws (these can be different and stricter than Colorado state laws), or if you sold marijuana or any marijuana products to anyone, regardless of their age. If contacted by police, exercise your right to remain silent, and contact an experienced defense attorney today at 303-731-0719. Together, we can protect your future.