Illegal Marijuana Cultivation Charges Attorney in Pueblo
With the laws surrounding marijuana changing so rapidly, it can be difficult to keep track of what’s legal and what’s not. It’s essential to familiarize yourself with the laws so you don’t inadvertently find yourself in legal trouble. If you’ve been arrested for illegal marijuana cultivation charges in Colorado or you believe charges will be filed soon, you should contact a Pueblo defense attorney right away. The experienced and dedicated marijuana cultivation lawyers at Anaya & Chadderdon, P.C. are happy to assist you. Contact us today for a free consultation.
Cultivating Marijuana in Pueblo
In Colorado, you are permitted to grow marijuana under some circumstances. If you’re 21 or older, you can grow up to six marijuana plants as long as no more than three of them are considered mature marijuana plants. If you live in a home with another adult – so at least 2 adults live there – you can grow up to 12 marijuana plants. No matter how many adults live in the house, it’s never permissible to grow more than 12 plants in one house.
When Someone Under 21 Lives in the Home
If you’re over the age of 21 but you live with someone who isn’t 21 or older, the location where the marijuana is grown must be enclosed and locked. Even if someone under the age of 21 doesn’t live there, as soon as they enter the house, the marijuana plants must be reasonably restricted from that person.
Penalties for Illegal Cultivation for Those Over 21
The penalties for illegal marijuana cultivation for those over 21 years old include the following:
- If you’re convicted of growing more than 12 plants, it’s considered a level 1 drug petty offense. The penalties include a fine of up to $1,000.
- For a second offense (as long as there were no more than 24 plants), you will be charged with a level 1 drug misdemeanor, and penalties include six to 18 months in jail and a fine of between $500 and $5,000.
- If you’re charged with and convicted of growing more than 24 plants, it is considered a class 3 drug felony, and the penalties include two to four years in state prison and fines of between $2,000 and $500,000.
- If there were aggravating factors, the penalties can be even more severe, calling for between four to six years in state prison. Aggravating factors include the defendant being on parole, being on probation, being out on bond for another felony, being in confinement for a felony, or being an escapee from custody for a felony.
Illegal Search and Seizure
The most common defense to illegal marijuana cultivation is that law enforcement discovered and seized the plants through an unlawful search and seizure. In this case, your lawyer would need to file a motion to suppress in order to attempt to have the evidence suppressed, meaning it can’t be used at trial.
Defendant Didn’t Possess or Own the Plants
Another common defense is that the defendant wasn’t the person who owned or possessed the plants. The defendant must also show that they didn’t exercise any control over the plants. If this can be shown in court, the charges should be dismissed, or the defendant should be found not guilty of the charges.
Our Marijuana Cultivation Defense Lawyers Are Here to Assist
Even though marijuana is legal in Colorado and many other states, it’s still illegal at the federal level. Additionally, there are limits on the number of plants you’re permitted to grow and what laws you have to follow. The possible penalties can be quite severe in some circumstances. If you or a loved one was arrested, are being questioned by law enforcement, or have any questions related to illegal marijuana cultivation in Pueblo, our dedicated attorneys can help. Contact Anaya & Chadderdon, P.C. today for a free consultation.