CO Marijuana Offenses Carry Serious Penalties – Protect Yourself With an Experienced Criminal Defense Attorney
Too often, Colorado residents and visitors alike make the mistake of assuming they will get off easy with a marijuana charge. This is a story that Attorney Jeff Weeden has heard time and time again from clients who were surprised to find themselves facing harsh penalties for something they believed was no big deal or sometimes even legal.
Unfortunately, after a recent spike in crime following legalization, law enforcement officers in Colorado are cracking down on marijuana-related crimes harder than ever. If you have been charged with a marijuana crime in Denver, do not take the situation lightly. Speak to an experienced Denver criminal defense lawyer like Jeff Weeden who can help explain the charges against you and work to defend you in the harsh Colorado drug courts. Jeff has been navigating Colorado courts for years and has helped countless clients like you beat cannabis-related offenses and a variety of other drug crimes.
For a free consultation with a knowledgeable Denver drug crime attorney, contact WeedenLaw by giving us a ring at (720) 307-4330 or feel free to send us a message online today.
Is Weed Legal in Colorado?
Colorado made history when it became the first state in the U.S. to legalize recreational marijuana use in 2014. Even with that change, though, there are a number of activities involving marijuana that are still illegal and can be considered a punishable drug crime. Marijuana laws in Colorado govern who can use marijuana, where they can use it, and how much can be possessed at any given time.
In addition, since legalization, marijuana-related auto fatalities are on the rise, and the Colorado Department of Transportation (CDOT) is handing out more marijuana-related driving infractions than ever before.
When Is Marijuana Use Considered a Crime in Denver?
When Amendment 64 passed in 2012, Colorado legalized the possession and cultivation of specific quantities of marijuana for recreational use by adults 21 years and over. This allows those 21+ to possess and purchase up to one ounce of marijuana for recreational use (or 2 ounces for medical use) and grow up to six plants per person, with a maximum of 12 plants per household.
Despite this, there are several ways using or possessing marijuana can still land you on the wrong side of Colorado law. For example, marijuana use is restricted to private properties, as public use remains illegal. It is also illegal to drive under the influence of marijuana, and strict regulations govern the commercial sale of marijuana, requiring proper licensing for businesses. Selling marijuana without a license or to minors and marijuana use/possession on federal lands is also illegal.
As you can see, there are a number of criminal charges one might face related to marijuana, and a criminal conviction may result in a number of different penalties.
Do not risk heavy fines, lengthy incarceration, and a permanent stain on your criminal record. If you have been arrested or charged with any type of marijuana crime, get in touch with a Colorado criminal lawyer as soon as possible.
Driving Under the Influence of Marijuana
Driving under the influence (DUI) of alcohol or drugs is a crime, even if the drug in question is marijuana. You may be charged with a Denver DUI if you are found operating a motor vehicle with more than five nanograms of THC in your bloodstream.
Penalties for a Colorado first-offense DUI involving marijuana could lead to a fine of up to $1,000 and/or up to one year in jail, in addition to probation of up to two years plus community service and potential driver’s license suspension.
Driving While Impaired by Marijuana
Even if you are not found with over five nanograms of marijuana in your bloodstream, you could still be charged with a marijuana DUI offense if a police officer believes marijuana has affected your mental or physical ability to drive.
The penalties for your first offense of driving while ability impaired (DWAI) could include up to $500 in fines and/or up to 180 days in jail, probation of up to two years, and community service.
Minor in Possession (MIP)
In Colorado, it is illegal for a person under the age of 21 to possess or use marijuana at all. Penalties for a minor in possession of marijuana in Colorado may include fines of up to $250.
Possession Offenses
Even though marijuana is legal, there are still situations that can lead to a Colorado drug possession offense. Illegal possession of marijuana occurs when a person has a quantity over the legal limit. You can also be charged with a drug crime if you publicly use or display marijuana.
- Possession of more than one ounce, but less than two ounces of marijuana: This is considered a Class 2 petty offense. Penalties for this level of marijuana crime include fines of up to $100.
- Possession of 2-6 ounces of marijuana: This marijuana crime may be charged as a Class 2 misdemeanor, with penalties including fines of up to $1,000 and/or up to 12 months in jail.
- Open display or use of less than two ounces of marijuana: You may also be charged with a marijuana crime if you display, smoke, or consume up to two ounces of weed in public places. This type of crime is considered a Class 2 petty offense and may be penalized with fines of up to $100 and up to 15 days in jail.
Sale and Cultivation Offenses
Selling marijuana under illegal circumstances can also lead to serious drug charges. Despite marijuana being legal in Colorado, selling it without proper licensing or to unauthorized individuals violates state laws, resulting in significant legal penalties, including massive fines and long sentences.
- Selling between two ounces and five pounds of marijuana to a minor: If you are an adult who is convicted of selling anywhere between two ounces and five pounds of weed to someone between the ages of 15 and 18, you may be charged with a Class 4 felony. Penalties for this type of marijuana crime include up to $500,000 in fines and/or up to six years in prison.
- Cultivating between seven and 29 marijuana plants: In Colorado, you may cultivate up to six marijuana plants for personal use if you are older the age of 21. If you are found cultivating more, you may be charged with a Class 5 felony. Penalties may include up to $100,000 in fines and/or up to three years in prison.
- Cultivating for non-personal use: Even if you are found cultivating six marijuana plants or less, you may still be charged with a marijuana crime if you do so for reasons other than your own, private use. This type of marijuana crime is considered a Class 1 misdemeanor and may be penalized with a fine of up to $5,000 and/or up to 18 months in jail.
Jeff Weeden: A Tough Denver Attorney with Experience in Marijuana Defense
Even drug crimes involving small amounts of marijuana can carry big consequences. Beyond fines and jail time, there’s the possibility of losing your driver’s license and other rights. Additionally, a conviction for any type of crime leaves a permanent mark on your criminal record, which can make it difficult for you to obtain employment, find housing, and even take out a loan.
After being charged with a marijuana crime, you may be panicked and unsure of where to turn. If you want a powerful ally in this traumatic, potentially life-changing ordeal, your first move should be to contact Denver criminal defense lawyer Jeff Weeden.
Mr. Weeden is dedicated to helping both adults and minors charged with marijuana-related drug offenses in Colorado. With nearly two decades worth of successful drug cases under his belt, he knows what it takes to develop and deliver a solid defense strategy to fight a drug conviction and secure the best possible outcome for each case.
Whether it involves proving lack of intent, violations of the Fourth Amendment due to illegal search and seizure, or exposing procedural errors by the prosecution, Jeff Weeden and his legal team works tirelessly to protect clients’ rights, from the initial arrest to court proceedings and beyond.
Call WeedenLaw Today For Aggressive Defense For Your Drug-Related Crime
If you or a loved one has been accused of a marijuana-related crime (or any drug crime involving prescription drugs, cocaine, heroin, methamphetamine, fentanyl, etc.), don’t underestimate the importance of hiring an experienced criminal defense attorney to help fight the charges and associated criminal penalties you may be facing. Call Jeff Weeden at WeedenLaw today for compassionate guidance, aggressive representation, and personal attention for your drug crime charges the Denver area.
As a long-time Denver criminal attorney, Mr. Weeden has seen his fair share of marijuana cases as well as a plethora of other drug crimes in Colorado. From possession of illegal drugs, controlled substances, or paraphernalia to possession with intent to distribute to even drug trafficking charges, WeedenLaw has handled it all.
Rest assured, he’s defended many clients who have stood in your shoes and has the experience, tenacity, and resources you need to beat your Colorado marijuana charges and keep your record clean. Request a free consultation to speak with Mr. Weeden and start forming your strongest defense.
Simply fill out our easy online case review form, email jlweeden@weedenlaw.com, or call (720) 307-4330 to get in touch today.
