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Denver Marijuana Attorney – C.R.S. 18-18-406

You need a Marijuana attorney in Colorado if facing charges related to marijuana.You may have heard Denver being referred to as the Mile High City. After the legalization of marijuana in November 2012, this nickname has taken on a whole new meaning. For people over the age of 21 in Jefferson, Douglas and Adams County, and across Colorado, an ounce or less of marijuana, pot and weed has been legalized. People who grow marijuana plants at home are also legally able to cultivate up to at least six plants for personal use. Marijuana can also be utilized medicinally as well. Though this new legalization allows an ounce or less of marijuana, distributing, possessing, cultivating and selling more than an ounce of marijuana is still illegal in Colorado. Let’s take a closer look at the offenses relating to marijuana and marijuana concentrate in Colorado. If you’ve been charged or accused of a marijuana offense in Aurora or Arapahoe County, you need to consult a Marijuana attorney immediately.

Marijuana Attorney in Douglas County: Marijuana and Marijuana Concentrate Offenses, C.R.S. 18-18-406

Sale, Transfer and Dispense of Marijuana to a Minor in Douglas County

The sale, transfer and dispense of any amount of marijuana to a minor, if the adult is two years older than the minor, is unlawful in Douglas County and across Colorado. Always consult an experienced Marijuana criminal defense attorney if charged with this offense.

Amount of Marijuana or Marijuana Concentrate Level of Drug Felony Penalty
More than 2.5 pounds of marijuana or more than 1 pound of marijuana concentrate to a minor Level 1 Drug Felony (DF1) 8-32 years in the Colorado Department of Corrections
6 ounces to 2.5 pounds of marijuana, or 3 ounces to 1 pound of marijuana concentrate to a minor Level 2 Drug Felony (DF2) 4-8 years in prison
1 to 6 ounces of marijuana, or ½ ounce to 3 ounces of marijuana concentrate to a minor Level 3 Drug Felony (DF3) 2-4 years in prison
1 ounce of marijuana or ½ ounce of marijuana concentrate to a minor Level 4 Drug Felony (DF4) 6 months to 1 year in the Colorado Department of Corrections

A Marijuana offense conviction will affect many

areas of your life. Don’t ignore the charges against you!

Unlawful Processing or Manufacturing of Marijuana on Land in Arapahoe County

It is unlawful to process or manufacture marijuana on land owned, occupied or controlled by the person processing or manufacturing the marijuana. An experienced Marijuana attorney in Arapahoe County or anywhere else in Colorado is imperative if you’ve been accused of unlawful processing or manufacturing of marijuana on land in Colorado.

Situation Level of Drug Felony Penalty
Processing or manufacturing of marijuana or marijuana concentrate, or knowingly allowing the processing or manufacturing of marijuana on land owned, occupied or controlled Level 3 Drug Felony (DF3) 2-4 years in the Colorado Department of Corrections

Unlawful Manufacture, Dispense, Sale, and Distribution of Marijuana in Adams County

Except as otherwise provided in C.R.S. 18-18-406(7) and except as authorized by part 1 of article 42.5 of title 12, C.R.S., part 2 of article 80 of title 27, C.R.S., or part 2 or 3 of this article, for certain amounts in Adams County, it is unlawful for a person to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.

Amount of Marijuana or Marijuana Concentrate Level of Drug Felony / Drug Misdemeanor Penalty
More than 50 pounds of marijuana or more than 25 pounds of marijuana concentrate Level 1 Drug Felony (DF1) 8-32 years in the Colorado Department of Corrections
5-50 pounds of marijuana or 2.5-25 pounds of marijuana concentrate Level 2 Drug Felony (DF2) 4-8 years in prison
12 ounces to 5 pounds of marijuana, or 6 ounces to 2.5 pounds of marijuana concentrate Level 3 Drug Felony (DF3) 2-4 years in prison
4-12 ounces of marijuana, or 2-6 ounces of marijuana concentrate Level 4 Drug Felony (DF4) 6 months to 1 year in prison
4 ounces of marijuana or 2 ounces of marijuana concentrate Level 1 Drug Misdemeanor (DM1) 6-18 months in the Denver County Jail
Contact a Marijuana attorney in

Denver for a free initial consultation!

Cultivation, Growth or Production of a Marijuana Plant in Denver

Except as authorized pursuant to part 1 of article 42.5 of title 12, C.R.S., or part 2 of article 80 of title 27, C.R.S., it is unlawful in Denver and Adams County 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. You could face drug misdemeanor or drug felony charges depending on the amount of plants you are cultivating, growing or producing.

Amount of Pot Plants Level of Drug Felony / Drug Misdemeanor Penalty
More than 30 pot plants Level 3 Drug Felony (DF3) 2-4 years in prison
6-30 marijuana plants Level 4 Drug Felony (DF4) 6 months to 1 year in the Colorado Department of Corrections
6 weed plants Level 1 Drug Misdemeanor (DM1) 6-18 months in the Douglas County Jail

Cultivating, growing or producing marijuana is not a violation in Denver if:

  1. The person is lawfully cultivating medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution; or
  2. The person is lawfully cultivating marijuana in an enclosed and locked space pursuant to the authority granted in section 16 of article XVIII of the state constitution.

However, if someone is cultivating marijuana in their residence, there are certain requirements. For instance, if someone is under the age of 21 and lives in a residence where marijuana is cultivated, the marijuana access must be enclosed / locked, and if a person under the age of 21 enters a residence where marijuana is cultivated, the cultivation area must be restricted for the duration of time they’re in the residence.

Unlawful Marijuana Possession in Aurora

Marijuana possession of certain amounts is unlawful in Colorado. Possession of more than an ounce of marijuana or marijuana concentrate is unlawful in Aurora and across Colorado. If you are arrested or detained for marijuana possession in Littleton or anywhere else in Colorado, you will receive a written notice or summons prepared by the arresting / detaining officer. On the summons, you will indicate that you promise to appear in court at a certain date / time. Making this promise means that if you fail to appear in court, you could face a class 3 misdemeanor charge.

Amount of Marijuana or Marijuana Concentrate Level of Petty Offense, Misdemeanor, Felony Penalty
No more than 2 ounces of marijuana Petty offense Up to a $100 fine and up to 24 hours of community service
2 to 6 ounces of marijuana Level 2 Drug Misdemeanor (DM2) Up to 12 months in the Adams County Jail
6-12 ounces of marijuana, 3 ounces of marijuana concentrate Level 1 Drug Misdemeanor (DM1) 6 to 18 months in the Jefferson County Jail
More than 12 ounces of marijuana or more than 3 ounces of marijuana concentrate Level 4 Drug Felony (DF4) 6 months to 1 year in the Colorado Department of Corrections

Aggravated Prison Sentencing Ranges

Level of Drug Felony Aggravated Range
Level 2 Drug Felony 8-16 years in the Colorado Department of Corrections
Level 3 Drug Felony 4-6 years in prison
Level 4 Drug Felony 1-2 years in prison

Marijuana Attorney Definition of Special Offenders in Denver

A defendant who commits any one of the above Marijuana offenses will be considered a “special offender”

Under detailed / specific circumstances, a defendant who commits any one of these marijuana offenses will be considered a special offender in Denver, Englewood and everywhere else in Colorado (C.R.S. 18-18-407). If there are other circumstances that exist that aggravate a marijuana offense, a judge may think a greater penalty is necessary for the defendant. Some of these circumstances could include committing a violation as part of a pattern of manufacturing, sale, dispensing or distributing controlled substances, using, displaying or possessing a deadly weapon during the commission of a violation, or committing a violation in a conspiracy with one or more individuals in a pattern of manufacturing, sale, dispensing, or distributing a controlled substance. A complete description of each of these circumstances describing a special offender can be found under C.R.S. 18-18-407.

Contact a Denver Marijuana Attorney if Charged with a Marijuana Offense

Your future is worth fighting for!

The Colorado statute on marijuana and marijuana concentrate is detailed and specific. There are many things to be considered before you’re arrested or charged with marijuana possession. It’s not hard for the law on marijuana offenses to be misunderstood. You should always consult an expert Denver Marijuana attorney if you’ve been charged with any offense related to marijuana and marijuana concentrate in Colorado. Your future is worth fighting for.

Get Help Now

If you or a loved one has been charged any offense relating to marijuana or marijuana concentrate in Denver, Aurora or Highlands Ranch, be smart, exercise your right to remain silent, and contact a Marijuana attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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