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Jenny Bloom

October 7, 2019

Under Amendment 64, marijuana is legalized for personal use in the State ofColorado. Under this law, adults may privately possess and legally use cannabis and derivatives. Possessing and cultivation laws are based on quantity. Those who disobey the quantity laws are subject to penalties.

The Colorado medical marijuana law mandates the use of cannabis for medical purposes. This law allows patients to buy limited amounts of medical cannabis from state-licensed dispensaries.

Possessing Marijuana Laws in Colorado

It is legal for adults over the age of 21 to possess up to 1 ounce of marijuana for personal use in Colorado. Possessing more than an ounce comes with the following penalties:

• Transfer of less than 1 ounce without compensation = No penalties

• Between 1 to 2 ounces = Petty Offense: Fine up to $100, mandatory court appearance and no jail time

• Between 2 to 6 ounces = Misdemeanor: Fine up to $700 and up to 1-year incarceration

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• Between 6 to 12 ounces = Misdemeanor: Fine between $500 to $5,000 and up to 18 months’ incarceration

• More than 12 ounces = Felony: Fine between $1,000 to $100,000 and between 6 months to 2 years’ incarceration

• Public display, consumption or use of under 2 ounces = Petty Offense: Fine up to $100 and 24 hours of community service

Possessing more than 8 ounces of cannabis with the intent to deliver it to another is considered a possession with intent to distribute charge. Each element of this lesser-included offense will lead to a sentence enhancement in this state.

Concentrates & Hashish

In Colorado, those over the age of 21 may legally possess up to 1 ounce of hashish and/or concentrates at one time. Penalties for disobeying this limit are as follows:

• Between 1 to 3 ounces = Misdemeanor: Fine between $500 to $5,000 and 6 to 18 months in jail

• Over 3 ounces = Felony: Fine between $1,000 to $100,000 and 6 months to 2 years in jail

Paraphernalia

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Colorado considers marijuana paraphernalia possessing a petty offense. This possession charge comes with a fine of no more than $100.

Medical Marijuana

Those approved for Colorado’s medical marijuana program may legally possess the drug. However, they are only allowed to possess no more than 2 ounces of usable cannabis at one time.

Selling Marijuana Laws in Colorado

Adults in Colorado can legally transfer no more than 1 ounce of cannabis without compensation. Retail sales of marijuana in Colorado are only allowed through state-licensed entities. All other sales are subject to criminal prosecution as follows:

• Under 4 ounces = Misdemeanor: Fine between $500 to $5,000 and 6 to 18 months’ incarceration

• Between 4 to 12 ounces = Felony: Fine between $1,000 to $100,000 and 6 months to 2 years’ incarceration

• Between 12 ounces to 5 pounds = Felony: Fine between $2,000 to $500,000 and 2 to 6 years in prison

• Between 5 to 50 pounds = Felony: Fine between $3,000 to $750,000 and 4 to 16 years in prison

• Over 50 pounds = Fine between $5,000 to $1,000,000 and 8 to 32 years in prison

Sales to Minors

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The following are penalties for the sale, transfer or dispensing of cannabis by an adult to a minor at least two years younger in age:

• Under 1 ounce = Felony: Fine between $1,000 to $100,000 and 6 months to 2 years in jail

• Between 1 to 6 ounces = Felony: Fine between $2,000 to $500,000 and 2 to 6 years in prison

• Between 6 ounces and 2 ½ pounds = Felony: Fine between $3,000 to $75,000 and 4 to 16 years in prison

• Over 2 ½ pounds = Felony: Fine between $5,000 to $1,000,000 and 8 to 32 years in prison

Selling Concentrates

It is illegal for any non-state-licensed entity to sell marijuana concentrates in the State of Colorado. Penalties for such related crimes are as follows:

• Under 2 ounces = Misdemeanor: Fine between $500 to $5,000 and 6 to 18 months’ imprisonment

• Between 2 to 6 ounces = Felony: Fine between $1,000 to $100,000 and 6 months to 2 years’ incarceration

• Between 6 ounces to 2 ½ pounds = Felony: Fine between $5,000 to $500,000 and 2 to 6 years’ imprisonment

• Between 2 ½ and 25 pounds = Felony: Fine between $3,000 to $750,000 and 4 to 16 years’ incarceration

• Over 25 pounds = Felony: Fine between $5,000 and $1,000,000 and 8 to 32 years’ imprisonment

Selling Concentrates to Minors

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All marijuana concentrates and hash sales to minors are felony charges. The following penalties apply when the seller is an adult at least two years older than the buying minor:

• Under ½ ounce = Fine between $1,000 to $100,000 and 6 months to 2 years in jail

• Between ½ ounce to 3 ounces = Fine between $2,000 to $500,000 and 2 to 6 years’ imprisonment

• Between 3 ounces to 1 pound = Fine between $5,000 to $750,000 and 4 to 16 years’ incarceration

• Over 1 pound = Fine between $5,000 to $1,000,000 and 8 to 32 years in prison

Growing and Manufacturing Marijuana Laws in Colorado

Colorado’s Amendment 64 makes it legal to privately grow marijuana. Growers can cultivate no more than 6 cannabis plants at one time, with no more than 3 of them being mature. All other cultivation is illegal, and penalized as follows:

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• Under 6 plants = Misdemeanor: Fine between $500 to $5,000 and 6 to 18 months in jail

• Between 6 to 30 plants = Felony: Fine between $1,000 to $100,000 and 6 months to 2 years’ incarceration

• Over 30 plants = Felony: Fine between $2,000 to $500,000 and 2 to 6 years in prison

Using Marijuana in Colorado

Marijuana is legal for personal use in the State of Colorado. Those who cultivate their own cannabis may use it outside of public view without penalties from the state. People suffering from certain chronic, debilitating medical conditions may use cannabis under the state’s medical marijuana law. The following are qualifying conditions for the program:

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Cancer

• Chronic nervous system disorders

HIV or AIDS

• Persistent Muscle Spasms

• Cachexia

• Chronic pain

Glaucoma

• Nausea

• Seizures

Breaking the Marijuana Laws in Colorado

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The court of the State of Colorado may allow a first-time defendant conditional release, diversion sentencing or alternative sentencing. In such a case, no trial is needed. Probation is received instead. After probation is complete, the criminal record will still reflect the drug offense.

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]

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