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Charged with Growing Too Many Marijuana Plants in Colorado?

By Timothy Bussey on February 11, 2022

If you are age 21 or older, you can grow marijuana for personal use in your home under Colorado state law. The maximum number of plants you are allowed to grow is six per adult in the residence, with no more than three plants flowering at one time. If you have too many marijuana plants, you can be charged with a drug crime, punishable by imprisonment and fines. Cultivation of more than six but not more than 30 plants is a level 3 felony that carries possible penalties of six months to two years in prison and a fine of $1,000 to $100,000.

What Are the Other Restrictions on Growing Marijuana Plants in Colorado?

The law imposes additional restrictions on growing marijuana:

  • Regardless of the number of adults living in the residence, you are limited to growing no more than 12 plants.
  • Local city or county laws may impose stricter controls than state laws.
  • Marijuana plants must be grown in an enclosed, locked space that cannot be publicly seen. Plants cannot be grown outdoors.
  • Special precautions must be taken for minors. If a person under the age of 21 lives in or visits the residence, the area where marijuana plants are grown must be in a separate space that is kept locked and not accessible to minors.
  • It is illegal to sell homegrown marijuana to anyone.

Who Is Allowed to Sell Marijuana in Colorado?

The law states that marijuana for recreational use may only be sold by licensed establishments, under C.R.S. Section 18-18-406. Otherwise, sale of marijuana is a criminal offense, charged as a misdemeanor or a felony, depending on the amount of substance involved. However, it is legal to gift up to an ounce of marijuana to a person aged 21 or older.

How Much Marijuana Can You Legally Possess in Colorado?

In Colorado, it is legal to possess up to one ounce of marijuana for recreational use. If you are growing your own marijuana plants, make sure you have no more than one ounce of cannabis in your possession at any time. You can give away up to an ounce to someone age 21 or older, but the law prohibits selling any surplus.

Why Do You Need an Experienced Colorado Criminal Defense Lawyer?

If you have been charged with illegally growing or selling marijuana in Colorado, it is critical that you consult with an experienced criminal defense attorney as soon as possible. Penalties could be severe if you are convicted. You may be facing:

  • Six to 18 months imprisonment and a fine of $500 to $5,000 for cultivating six or fewer marijuana plants if you are under the age of 21
  • Six months to two years imprisonment plus a fine of $1,000 to $100,000 for growing more than six but not more than 30 plants if you are age 21 or older
  • Two to six years imprisonment and a fine of $2,000 to $500,000 for cultivating more than 30 marijuana plants

Your best chance of obtaining the most favorable outcome in your case is to have an experienced Colorado Springs drug crime defense lawyer on your side.

Why Choose The Bussey Law Firm, P.C.?

Founding attorney Timothy Bussey is the only lawyer in Colorado with the ACS Forensic Lawyer-Scientist designation. He is a former prosecutor who understands the tactics of the prosecution and knows how to counter them. If you are facing criminal charges of cultivating or selling marijuana, call The Bussey Law Firm, P.C. at (719) 475-2555 to schedule a free initial consultation. We can explain your options under the law.

Posted in: Drug Crimes


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