Colorado Springs Marijuana Defense Lawyers
In 2014, the recreational use of marijuana became legal in Colorado. So did commercial cultivation and the sale of cannabis products, but they are heavily regulated. Colorado police are aggressively pursuing cases against those engaged in black-market marijuana cultivation and distribution, so if you are arrested, you cannot afford to wait. Talk to The Bussey Law Firm, P.C., right away.
The number of felony marijuana offenses is on the rise in Colorado. Hundreds of people each year are charged with misdemeanor and felony marijuana crimes, including:
- Manufacturing: Under state law, a person over 21 years old has the right to grow 12 plants and no more. The plants must be grown in a space that is enclosed and locked. If you are found to be growing more than 12 marijuana plants in an outdoor garden, you can be arrested. The level of the charge will reflect the number of plants law enforcement discovered on the property under your control. More than 80,000 illegal plants were seized on public lands in a recent year, as reported by the Colorado Department of Public Safety.
- Distribution: If you give another person more than 2 ounces of marijuana, you are committing a crime. If you sell more than 4 ounces of marijuana to another person, you will face felony charges.
- Possession with Intent to Sell: If you are found to be in possession of marijuana in larger quantities, you will be facing felony charges of possession with intent to sell.
- Conspiracy: When a marijuana crime is believed to be part of a larger criminal conspiracy in which other drugs are distributed, the offense is often considered to have aggravating circumstances, with harsher penalties imposed upon conviction.
- Driving Under the Influence of Marijuana: Drug-impaired driving is illegal, and law enforcement is ramping up the testing of drivers for THC in addition to alcohol. Thousands of officers are now trained in Advanced Roadside Impairment Detection to identify drivers who are under the influence of marijuana.
Under Colorado law, heavy penalties are imposed for marijuana crimes. The sentences and fines reflect the quantity of marijuana in the incident and the level of charge. Under Colorado Revised Statutes Title 18, Criminal Code 18-1-103, "the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972…"
Marijuana Distribution Penalties:
- If you give (not sell) another person 2 ounces or less of marijuana, it is a minor possession offense with a penalty of $100.
- If you sell no more than 4 ounces of marijuana to another person, or no more than 2 ounces of marijuana concentrate, you will face a misdemeanor charge with penalties including jail time between 6 and 18 months and fines up to $5,000.
- If you sell between 4 and 12 ounces of marijuana or between 2 and 6 ounces of concentrate, you face a felony charge with penalties including jail time between 6 and 12 months, along with fines between $1,000 and $100,000.
- If you sell between 12 ounces and 5 pounds of marijuana, or 6 ounces to 2.5 pounds of concentrate, you could spend from 2 to 4 years in state prison, with fines between $2,000 and $500,000.
- If you sell between 5 and 50 pounds of marijuana, or between 2.5 and 25 pounds of concentrate, it is a Class 2 drug felony: you face between 4 and 8 years in state prison and fines between $3,000 and $750,000.
- If you sell more than 50 pounds of marijuana, or more than 25 pounds of concentrate, you will face a mandatory minimum sentence of 8 years in state prison, going up to 32 years, along with fines.
Harsher penalties are imposed on any marijuana crime involving minors, including giving or selling marijuana to a minor. For example, if you are accused of giving more than one ounce to a minor, you will face a felony, with up to a year in jail and fines as high as $100,000.
If you are under investigation for a marijuana offense, you need legal help immediately. Many people view Colorado as a very liberal state due to the legalization of marijuana, but the penalties imposed on those who operate outside the regulations are incredibly harsh. A conviction for such a crime could change your life forever: it will affect your ability to get a job, obtain a professional license, own a firearm, or vote. When your freedom is at stake, you need legal representation from a powerful and accomplished criminal defense attorney.
At The Bussey Law Firm, P.C., our trial lawyers provide an aggressive defense for the people we represent. Mr. Bussey has a background that includes serving in the U.S Air Force as an Active Duty Judge Advocate and serving as a District Attorney. He is a published author on legal defense strategies. We offer a free initial consultation to assist you; please call (719) 475-2555 today.