Marijuana offenses in Colorado

What the charge means

Start with what is legal. An adult 21 or older may possess up to two ounces of marijuana, grow up to six plants at home with no more than three flowering, subject to a cap of twelve plants per residence in most cases, and give one ounce or less to another adult with nothing exchanged in return.

Everything outside those lines is still a crime, and what prosecutors must prove depends on the offense charged:

• Over the limit possession. You knowingly possessed more than two ounces of marijuana or more than the allowed amount of concentrate.
• Public consumption or display. You used or openly displayed marijuana in public. Parks, sidewalks, patios, and vehicles on public roads all count.
• Unlicensed sale. You transferred marijuana for money or anything else of value without a license. Growing to sell and possessing with intent to sell are charged the same way.

Classification and sentencing

Marijuana offenses climb a ladder based on amount:

• Public consumption of two ounces or less: a drug petty offense, with a fine up to $100 and up to 24 hours of community service.
• Possession over two and up to six ounces: a level 2 drug misdemeanor. If jail is imposed, up to 12 months and a $50 to $750 fine.
• Possession over six ounces of marijuana or over three ounces of concentrate: a level 1 drug misdemeanor. This offense follows the special possession sentencing rules: up to two years of probation, a fine up to $1,000, and if jail is imposed, up to 180 days.
• Under 21 possession or use: a petty offense with a small fine and education requirements for a first offense.
• Unlicensed sale: four ounces or less is a level 1 drug misdemeanor. Above that, felony levels rise with weight: level 4 up to 12 ounces, level 3 up to 5 pounds, level 2 up to 50 pounds, and level 1 above 50 pounds, which carries mandatory prison of at least 8 years.
• Unauthorized cultivation: more than 6 and up to 30 plants is a level 4 drug felony, and more than 30 plants is a level 3 drug felony.

For everything except a level 1 drug felony, jail or prison is not required, and the ranges above describe what applies only if the court orders incarceration. Probation, fines, or community service resolve many of these cases.

What else it touches

Legal at the state level does not mean consequence free:

• Firearms. Marijuana is still a federally controlled substance, so federal law treats users as barred from buying or possessing guns, even in Colorado.
• Immigration. Marijuana conduct that is legal under state law can still cause serious immigration problems, including inadmissibility. Noncitizens should get advice before admitting use to any official.
• Driving. Driving while impaired by marijuana is a crime, and blood THC at or above 5 nanograms lets a jury infer impairment.
• Work and record sealing. Employers may still test for and act on marijuana use. On the record side, many old convictions for conduct that is legal today can be sealed by petition.

We defend marijuana charges in Colorado, and a consultation is the place to get answers about a specific situation.