Serving People Throughout Colorado

Call Us For Free Consultation:

In the state of Colorado, marijuana is legal. While this is true, the quantity you are legally allowed to possess, and what you can sell and cultivate are highly regulated.

If you are arrested for the possession of marijuana in Colorado, you have rights. To protect your rights, it’s smart to get in touch with a drug arrest lawyer at the Law Offices of Steven J. Pisani. You can also learn more about the laws in Colorado related to marijuana here.

Drug Classifications of Marijuana in Colorado

The FDA released a classification system for controlled substances in 1970. This system organized different drugs based on their level of abuse and addiction. Every state, including Colorado, has used this categorization of drugs to help with the development of penalties and sentencing for various drug offenses.

Under this system, marijuana is a Schedule I drug. Some scientists have contested that it should not even be on this level for several years, since it is in the same category as ecstasy and LSD, under the claim that the research opportunities are too restricted. Even with compelling arguments, the DEA refused to change the drug’s scheduling in 2016.

What Is a Schedule I Drug?

A drug that is classified as a Schedule I drug is one that’s considered to be more likely to be abused. They can be used for medical reasons if a doctor prescribes them. If a user does become addicted to a Schedule I drug, then they may develop acute physical and psychological dependencies. Marijuana, cocaine, morphine, hydrocodone, methamphetamines, methadone, Codeine, fentanyl, oxycodone, and hydrocodone are all listed under this classification.

Understanding Colorado’s Laws on the Unlawful Possession, Cultivation, and Sale of Marijuana

Even though marijuana is legal in Colorado, there are laws in place related to the possession, cultivation, and sale of it.

Colorado Possession Laws

While smoking marijuana in Colorado is legal, regulations are still in place regarding how much you can possess. The penalties for breaking these laws vary based on the amount you possess.

If you have over two ounces and up to six ounces of marijuana (or three or fewer ounces of marijuana concentrate), it is considered a level 2 drug misdemeanor. If convicted, the crime is punished with three to 12 months in jail and fines of $250 up to $1,000.

If you have over six ounces of marijuana (or three or more ounces of concentrate), it is considered a level 1 drug misdemeanor. If convicted, the crime is punished with six to 18 months in jail and fines of $500 up to $5,000.

The Dispensing, Transfer, or Sale of Illegal Amounts of Marijuana

In Colorado, there are certain actions related to marijuana that are prohibited. If you are caught doing any of these, different sentences apply. The things that are prohibited include the sale, the transfer, or the dispensing of:

  • Over 2.5 pounds total of marijuana or one pound or more of marijuana concentrate to any minor if the individual is an adult and two years older than the minor.
  • Over one ounce but six ounces or less of marijuana or over one-half ounce but three or fewer) ounces of marijuana concentrate to any minor (an individual under 18) if the individual is an adult and two years older than the minor.
  • One ounce (no more) of marijuana or one-half ounce (no more) of concentrate to any minor (an individual under 18) if the individual is an adult and at least two years older than the minor.

In Colorado, the sale of marijuana to minors has become a huge issue. If you are found committing this crime, you will face severe consequences.

Marijuana-Related Penalties in Colorado

In the state of Colorado, the dispensing, transfer, and sale of marijuana is still considered illegal even though there are legalization laws in place. The following amounts of marijuana are not allowed to be sold or distributed in the state:

  • Over one ounce but under two ounces: Comes with fines of up to $100.
  • Under two ounces: Considered a class two petty offense and carries a punishment of up to 15 days in jail and fines of up to $100.
  • Two ounces to five pounds to minors (15 to 18): Considered a class 4 felony and carries a punishment of two to six years in jail and fines of $2,000 up to $500,000.
  • Over five pounds to minors (15 to 18): Considered a class 3 felony and carries a punishment of four to 12 years in jail and a fine of $3,000 up to $750,000.

Protect Your Legal Rights

If you have been arrested in Colorado for a marijuana-related case, you have rights. You can reach out to our drug arrest lawyer at the Law Offices of Steven J. Pisani. We will work to help protect your rights in these cases. Contact us today for a free consultation.

Read More

What Is a Level 1 Drug Felony in Colorado?

3 Types of Drug Charges in Denver

/

Request a FREE Case Review