Colorado Springs Marijuana Defense Lawyer
Despite the passage of Amendment 64, which legalized marijuana in Colorado, it’s crucial to acknowledge that several laws and restrictions still govern its use and possession. Within designated limits adults can indulge legally, however, there are certain situations in which a person can be charged with a marijuana-related crime.
If you have questions or are facing charges and need help, don’t hesitate to contact our Colorado Springs drug crime lawyers at Anaya Law Group, P.C. to schedule a free consultation with a Colorado Springs marijuana lawyer.
Why Hire Anaya Law Group, P.C. For Your Marijuana Case?
When it comes to navigating the intricate field of marijuana-related charges, securing experienced legal representation can make a substantial difference.
Here’s why hiring our firm is an advantage:
Extensive Experience: We’ve assisted thousands of clients through their criminal cases, including those involving marijuana.
Proven Trial Expertise: With many years in the courtroom, we have the experience needed to fight for you.
Around-the-Clock Support: We are committed to our clients and offer 24/7 availability to answer any questions you might have, guide you through the legal process, and provide reassurance during what’s understandably a stressful time.
In the face of marijuana-related charges, don’t leave your legal representation to chance.
Contact Anaya Law Group, P.C. today to schedule a free consultation and let us bring our expertise and experience to support your case.
How an Attorney Can Help You With Your Colorado Springs Marijuana Case
In Colorado Springs and the surrounding area, an attorney well-versed in marijuana laws is crucial for the following reasons:
Clarification on Legislation: A competent defense lawyer in Colorado Springs can explain the detailed nuances within Colorado’s marijuana laws. This is important because people often hear “marijuana has been legalized” and think they don’t need to know anything else, which can lead to legal issues for many.
Investigate Your Case: Lawyers conduct thorough investigations into the particulars of your marijuana case. They gather facts, interview witnesses, examine police reports, and scrutinize every aspect to ensure your defense is strong and evidence-based.
Negotiate Plea Deals: Experienced drug crime attorneys are skilled at negotiating plea bargains on your behalf if that’s the appropriate direction to take for your case.
Facing marijuana charges in Colorado can be more complicated than people think. For help navigating every aspect of your case, contact Anaya Law Group, P.C. today to schedule a consultation.
Potential Marijuana-Related Criminal Charges in Colorado Springs
In Colorado, while consuming marijuana is permitted within limits, carrying more than the legally specified amount can result in criminal charges.
Marijuana Possession Laws and Penalties in Colorado
Marijuana possession of more than two ounces and up to six ounces is a level 2 drug misdemeanor.
For instance, being caught with this quantity can lead to penalties including the following:
- 3 to 12 months in jail, plus fines ranging from $250 to $1,000.
- A person who possesses more than two ounces of marijuana but not more than six ounces of marijuana or not more than three ounces of marijuana concentrate commits a level 2 drug misdemeanor.
- If you possess more than six ounces, you can be charged with a level 1 drug misdemeanor, which carries penalties of 6 to 18 months in jail and fines between $500 and $5,000.
A person who possesses more than six ounces of marijuana or more than three ounces of marijuana concentrate commits a level 1 drug misdemeanor.
Additionally, the unauthorized sale, transfer, or dispensing of marijuana is strictly punishable under state law. The consequences become even graver if these actions involve minors, leading to serious consequences.
Marijuana Sale and Distribution Charges in Colorado
Colorado takes the illegal sale and distribution of marijuana very seriously. Despite its reputation as the forerunner of legalized marijuana, Colorado heavily regulates the cannabis industry. Only licensed businesses may legally sell marijuana. If you are not a licensed distributor and are charged with illegal sale and distribution of marijuana under Colorado Rev. Stat. § 18-18-406(5)(c) (2019), you face the following penalties:
- A petty crime charge with a $100 fine for providing marijuana to a friend in an amount of less than two ounces, even without a monetary exchange
- A level 1 misdemeanor conviction for the sale of less than two ounces of marijuana or less than two ounces of marijuana concentrates, such as hashish oil or marijuana wax, results in sentences ranging between six and 18 months in jail and fines between $500 and $5,000
- A level 4 drug felony conviction for the sale of more than four ounces up to 12 ounces of marijuana, or two to no more than six ounces of marijuana concentrate, results in sentences of six months to one year in jail and fines between $1,000 and $100,000
- A conviction for selling 12 ounces to five pounds of marijuana or 6 ounces to 1.5 pounds of marijuana concentrate results in 2 to 4 years of incarceration in a state prison, with fines between $3,000 and $750,000
- A conviction for selling five to 50 pounds of marijuana or 2.5 to 25 pounds of marijuana concentrate is a class 2 felony with a minimum sentence of 8 years in prison and a maximum sentence of 32 years, with fines of up to $750,000
Subsequent convictions for drug crimes in Colorado, including selling marijuana result in harsher penalties, as does a conviction for selling marijuana to a minor. Giving only one ounce of marijuana to a minor (without sale) is a felony with up to one year in jail and fines up to $100,000.
Colorado Laws on Growing Marijuana at Home
Colorado allows residents to grow marijuana on their own property, but the state imposes limits and regulations on home growing, including the following:
- Only residents over the age of 21 may grow cannabis
- Home growers are limited to a total of six plants and only three flowering plants at a time per adult in the home
- Plants cannot be planted outside, but must remain inside in a locked area that isn’t open to public view
- If residents in the home are under 21 years old, the plants must be in a locked area that minors cannot access
Colorado home growers cannot sell their marijuana to others.
Marijuana DUI Laws and Penalties in Colorado
Legalizing the recreational and medicinal uses of marijuana in Colorado is not a green light to drive under the influence of cannabis or other substances. An arrest for driving under the influence (DUI) of marijuana carries the same penalties as those for drunk driving.
Under C.R.S. 42-4-1301, law enforcement considers a driver “impaired” if they appear “substantially incapable” of safely operating their vehicle. Under the Five-Nanogram Rule (5 ng/mL of active THC), a DUI suspect measuring this amount of THC is presumed impaired; however, the Driving While Ability Impaired (DWAI) standard allows DUI charges against a driver whose driving ability appears even the slightest bit impaired, regardless of their blood THC levels.
Penalties for a DUI conviction for marijuana impairment mirror the penalties for alcohol impairment, with penalties for a first-time conviction ranging from five days to a year in prison, with fines of $600 to $1,000 as well as license suspension. Fines and jail time increase with subsequent convictions.
Marijuana Paraphernalia Charges in Colorado
Colorado Law, C.R.S. 18-18-426 describes drug paraphernalia as follows:
“All equipment, products, and materials of any kind that are used, intended for use, or designed for use …” and then describes all means of growing, harvesting, or preparing a drug for introduction into the body. Marijuana paraphernalia charges are a class 2 petty offense with fines of up to $100.00 and a permanent criminal record.
Contact Anaya Law Group, P.C. To Schedule a Free Consultation
If you find yourself navigating the complexities of marijuana-related charges in Colorado Springs, remember that informed legal counsel is essential.
Contact a Colorado Springs marijuana attorney at Anaya Law Group, P.C. to schedule a free consultation where you can explore defense strategies and receive professional advice.