420 Magazine Background

Colorado: Medical Marijuana Law Overview and State Fines/Penalties

David Bowman

New Member
For Personal Use
Private possession by persons 21 years of age or older of up to one ounce is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of one ounce or less for no remuneration is no penalty.

See:
  • Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012 | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol

Possession of 1 - 2 ounces is a Class 2 petty offense that is punishable by a maximum fine of $100. The offender will be summoned and a court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor which is punishable by up to 6 months in jail and a fine of up to $500.

Possession of between 2 and 6 ounces of marijuana is a Class 2 misdemeanor, punishable by up to one year imprisonment and a fine not to exceed $1,000.

Possession of between 6 ounces and 12 ounces is a Class 1 misdemeanor which is punishable by up to eighteen months of imprisonment.

Possession of more than 12 ounces is a Class 6 felony which is punishable by 1 year-18 months of imprisonment, as well as a fine between $1,000-$100,000.

One who openly and publicly displays, uses, or consumes 2 ounces of marijuana or less is guilty of a Class 2 petty offense and may be subject to a maximum of 15 days imprisonment as well as a maximum fine of $100.

Please see:
  • 18-18-406(1-4) of the Colorado Revised Statutes
Possession with Intent to Distribute
The possession of 8 ounces or more is considered possession with the intent to distribute will enhance the sentence.

Please see:
  • 18-18-406(4)(b)(1) of the Colorado Revised Statutes
Sale or Distribution
Transfer of one ounce or less for no remuneration by persons 21 years of age or older is no penalty.

See:
  • Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012 | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol
The sale of 5 lbs. or less is a Class 5 felony punishable by a sentence of between 1-3 three years imprisonment and a fine of between $1000-$100,000.

The sale of 5 lbs. or more is a Class 4 felony punishable by a sentence of between 2-6 years imprisonment and a fine of between $2000-$500,000.

The sale of 100 lbs. or more is a Class 3 felony punishable by between 4-12 years imprisonment as well as a fine between $3000-$75,000.

The sale of 5 lbs. or more to a minor is a Class 3 felony punishable by between 3-12 years imprisonment as well as a fine between $3000-$75,000.

Sale to a minor under the age of 15 carries with it the additional penalty of a mandatory minimum sentence of 4 years imprisonment.

Please see:
  • 18-18-406(5-7) of the Colorado Revised Statutes
Cultivation
Private cultivation by persons 21 years of age or older of up to six marijuana plants, with no more than three being mature is no penalty.

See:
  • Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012 | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol
The cultivation of 6 plants or fewer is a Class 1 misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000.

The cultivation of more than 6 but fewer than 30 plants is a Class 5 felony punishable by 1-3 years imprisonment as well as a fine between $1,000-$100,000.

The cultivation of 30 or more plants is a Class 4 felony punishable by 2-6 years imprisonment as well as a fine between $2,000-$500,000.

Please see:
  • 18-18-406(8) of the Colorado Revised Statutes
Hash & Concentrates
Private possession by persons 21 years of age or older of up to one ounce is no penalty.

See:
  • Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012 | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol
Possession of one to three ounces or less of hashish or extracts is a class 1 misdemeanor. A class 1 misdemeanor is punishable by a fine between $500 and $5,000 dollars and/or a term of imprisonment between 6 and 18 months.

See:
  • §18-18-406(4)(b) of the Colorado Revised Statutes
  • §18-13-501(1)(a) of the Colorado Revised Statutes
Possession of more than three ounces of hashish or extracts is a Class 6 felony. A Class 6 felony is punishable by a fine between $1,000 and $100,000 and a term of imprisonment between 1 year and 18 months.

See:
  • §18-18-406(4)(c) of the Colorado Revised Statutes
  • §18-1.3-401(1)(III)(A),(V) of the Colorado Revised Statutes
It is illegal to distribute, manufacture, transfer, or possess with intent to distribute any amount of hashish or extracts. If the amount of hashish or concentrates is less than 1 pound then it is a class 5 felony. A class 5 felony is punishable by a fine between $1,000 and $100,000 and a term of imprisonment between 1 and 3 years.

If the amount of hashish or concentrates is greater than 1 pound but less than 100 pounds then it is a class 4 felony. A class 4 felony is punishable by a fine between $2,000 and $500,000 and a term of imprisonment between 2 and 6 years.

If the amount of hashish or concentrates is greater than 100 pounds then it is a class 3 felony. A class 3 felony is punishable by a fine between $3,000 and $750,000 and a term of imprisonment between 4 and 12 years.

See:
  • §18-18-406(6)(b)(I) of the Colorado Revised Statutes
  • §18-1.3-401(1)(III),(V) of the Colorado Revised Statutes
It is illegal for any person over the age of 18 to transport, give, or sell hashish or extracts to a person under the age of 18, which is an offense punishable as a class 4 felony. A class 4 felony is punishable by a fine between $2,000 and $500,000 and a term of imprisonment between 2 and 6 years.

If the amount of hashish or extracts sold, transported, or given is greater than 1 pound and the minor is between the ages of 15 and 18 then the offense is punishable as a class 3 felony. A class 3 felony is punishable by a fine between $3,000 and $750,000 and a term of imprisonment between 4 and 12 years.

If the hashish or concentrates are sold, transported, or given to a person less than the age of 15, the offense is punishable as a class 3 felony with a minimum term of imprisonment of 4 years and as much as 12 years and a fine between $3,000 and $750,000.

See:
  • §18-18-406(7) of the Colorado Revised Statutes
  • §18-1.3-401(1)(III),(V) of the Colorado Revised Statutes
Paraphernalia
Possession of paraphernalia is a Class 2 petty offense that is punishable by a fine of up to $100.

Please see:
  • 18-18-427 of the Colorado Revised Statutes
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

LEGALIZATION

This state has legalized marijuana for personal use.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.

Source: NORML: Colorado Laws & Penalties
 
Last edited by a moderator:

Zaker

New Member
Mr. Bowman,
I am looking to get into business in Colorado opening a dispensary. Do you have any updated information or where to obtain information necessary when opening a dispensary.
 

KC42030

New Member
It is important to point out that even where marijuana consumption is legal, a person is still very much at risk of being charged and convicted of DUI when driving after smoking or eating edibles. For more about this, please visit Denver Colorado DUI Defense.
 
Top Bottom