Marijuana Possession and Cultivating Charges

Information on Marijuana Cultivation and Processing

It is a crime in Colorado to cultivate or produce more than six marijuana plants for personal use, or for a person to knowingly allow plants to be grown on a property that the person controls. Penalties vary according to the number of plants grown.

Six plants or fewer. Under Amendment 64, if you are older than 21, you may cultivate up to six plants for private personal use. A person who cultivates six or fewer marijuana plants (or knowingly allows such plants to be cultivated on that person’s land) for purposes other than private personal use is guilty of a class one misdemeanor. Penalties include between six and 18 months in jail, a fine between $500 and $5,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7.5)(a)

Between seven and 29 plants. This violation is a class five felony. Penalties include between one and three years in prison, a fine between $1,000 and $100,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7.5)(b)

30 or more plants; processing or manufacture. Growing more than 30 plants, or conducting marijuana or marijuana concentrate processing operations (or knowingly allowing these activities to occur on one’s land) is a class four felony. Penalties include between two and six years in prison, a fine between $2,000 and $500,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(6)

Second processing or manufacturing offenses. A second offense is a class three felony, which carries a mandatory minimum prison sentence of four years. The judge may order the prison sentence extended for up to 12 years, and impose a fine of between $3,000 and $750,000. (Co. Rev. Stat. Ann. § 18-18-406(6)

Marijuana Sale and Distribution

The sale, delivery, or distribution of marijuana is a crime in Colorado (except for medicinal purposes). Currently, Colorado imposes a range of penalties, according to the amount and the people involved.

Less than two ounces without payment. A person who gives less than two ounces to another person, without consideration (payment), commits a class 2 petty offense. Treated as mere possession, the penalty is a $100 fine . (Co. Rev. Stat. Ann. § 18-18-406(5)

Selling between two ounces and five pounds (or less than one pound of concentrate) to someone between the ages of 15 and 18. A person older than 18 who sells between two ounces and five pounds of marijuana (or less than one pound of concentrate) to someone between the ages of 15 and 18, is guilty of a class four felony. Penalties include between two and six years in prison, a fine of between $2,000 and $500,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7)(a)

Selling more than five pounds (or one pound of concentrate) to a person between 15 and 18. Selling more than five pounds of marijuana (or more than one pound of concentrate) to a person between ages 15 and 18 is a class three felony. Penalties include between two and six years in prison, a fine of between $2,000 and $500,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7)(b)

Selling or providing any amount of marijuana or concentrate to person younger than 15 years old. A person older than 18 who provides or sells any amount of marijuana (or concentrate) to a minor younger than 15 is guilty of a class 3 felony. This offense carries a mandatory minimum prison sentence of four years, which can be extended to 12 years by the sentencing judge. The judge may additionally order a fine of between $3,000 and $750,000. (Co. Rev. Stat. Ann. § 18-18-406(7)(c)

Subsequent convictions. After a first conviction, any subsequent conviction for sale or distribution is a class three felony. These offenses carry a mandatory minimum prison sentence of four years, which can be extended to 12 years by the sentencing judge. The judge may additionally order a fine of between $3,000 and $750,000. (Co. Rev. Stat. Ann. § 18-18-406(7) d)