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Colorado Marijuana Laws (2019)

January 7, 2019 Patrick OBrien
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Marijuana Laws

Penalty Details

Possession 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

  • Colo. Const. Art. XVIII, Section 16(3) Web Search

Possession of more than 1 – 2 ounces is a drug 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 $750.

Possession of more than 2 to 6 ounces of marijuana is a level 2 drug misdemeanor, punishable by up to 1-year imprisonment and a fine not to exceed $700.

Possession of more than 6 ounces to 12 ounces is a level 1 drug misdemeanor, which is punishable by up to eighteen months of imprisonment and a fine of $500 – $5000.

Possession of more than 12 ounces is a level 4 drug felony which is punishable by 6 months – 2 years 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 drug petty offense and may be subject to24 hours of community service as well as a maximum fine of $100.

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Possession with Intent to Distribute

Possession of 8 ounces of marijuana or more is a lesser-included offense of possession with the intent to distribute. Each element of the possession offense is included except the quantity, which is a sentence enhancer, not an essential element of the offense.

See

  • People v. Garcia, 251 P.3d 1152 (Colo. App. 2010). Web Search

Sale or Distribution

Transfer of one ounce or less for no remuneration by persons 21 years of age or older is no penalty.

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Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

The sale of 4 ounces or less of marijuana is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 4 ounces, but not more than 12 ounces of marijuana is a level 4 drug felony and punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

The sale of more than 12 ounces but not more than 5 pounds of marijuana is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale of more than 5 pounds but not more than 50 pounds of marijuana is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale of more than 50 pounds of marijuana is a level 1 drug felony and punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

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To a Minor:

The sale, transfer, or dispensing of not more than 1 ounce of marijuana to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale, transfer, or dispensing of more than 6 ounces, but not more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale, transfer, or dispensing of more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

See

Cultivation

There is no penalty in Colorado for persons who privately cultivate up to 6 marijuana plants, with no more than 3 being mature.

See

  • Colo. Const. Art. XVIII, Section 16(3) Web Search

The cultivation of 6 plants or fewer is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000, if not at least 21 years of age.

The cultivation of more than 6 but not more than 30 plants is a level 4 drug felony punishable by 6 months – 2 imprisonment as well as a fine between $1,000-$100,000.

The cultivation of more than 30 plants is a level 3 drug felony punishable by 2-6 years imprisonment as well as a fine between $2,000-$500,000.

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Hash & Concentrates

Private possession by persons 21 years of age or older of up to one ounce is no penalty.

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Possession of more than 1 – 3 ounces of hashish or extracts is a level 1 misdemeanor punishable by a fine between $500 and $5,000 dollars and/or a term of imprisonment between 6 and 18 months.

Possession of more than 3 ounces of marijuana concentrate commits a level 4 drug felony punishable by 6 months – 2 years imprisonment as well as a fine between $1,000-$100,000.

See

Sale:

The sale of 2 ounces or less of marijuana concentrate is a level 1 drug misdemeanor punishable by 6 -18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 2 ounces – 6 ounces of marijuana concentrate is a level 4 drug felony punishable by 6 months -2 years imprisonment as well as a fine between $1,000-$100,000.

The sale of more than 6 ounces – 2.5 pounds of marijuana concentrate is a level 3 drug felony punishable by 2 – 6 years imprisonment as well as a fine between $5,000-$500,000.

The sale of more than 2.5 – 25 pounds is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale of more than 25 pounds is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

See

Sale to a Minor:

The sale, transfer, or dispensing of more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

The sale, transfer, or dispensing of more than 3 ounces, but not more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 5,000 – $ 750,000.

The sale, transfer, or dispensing of more than .5 ounces, but not more than 3 ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale, transfer, or dispensing of not more than .5 ounces of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

See

Paraphernalia

Possession of paraphernalia is a drug petty offense that is punishable by a fine of up to $100.

See

  • § 18-18-428 of the Colorado Revised Statutes Web Search
 

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.

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.

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: Medical Use.

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Marijuana Laws