Cultivation of marijuana is another category of the marijuana legal matrix. This is complicated, because if a person has a registered medical marijuana patient, or if they are a caregiver, they may have a permissible elevated plant count. Generally, however, here is the breakdown:
- Cultivation of not more than 6 plants is a level 1 drug misdemeanor (allowable if person is registered medical marijuana patient).
- Cultivation of more than 6 plants, but less than 30 plants is a level 4 drug felony (allowable if a person is a registered medical marijuana patient and has physician authority for an elevated plant count).
- Cultivation of more than 30 plants is a level 3 drug felony (allowable if a person is a registered medical marijuana patient and has physician authority for an elevated plant count).
There are other restrictions that relate to cultivation. The residence or property for cultivation must not have anyone under the age of 21 living there. Also, the grow must be under lock and key, not accessible to the public.
Distribution to a Minor
This is one area where the law is extremely harsh to violators. If a person is accused of providing marijuana to a minor, and they are merely two years or more older than the child, they face extremely heavy sentences, which can include up to 32 years in prison depending on the amount of marijuana distributed. Even distributing less than an ounce to a child is a level 4 drug felony. Thus, for example, if a senior in high school who is 18 provides marijuana to his 16 year old friend, he is looking at the possibility of a felony conviction.
While Colorado has been a pioneer state regarding the legalization of marijuana, there is still plenty of enforcement and regulation as to how it can be obtained, who can use it, who can grow it, who can sell it, and how much you can have of it. In other words, to say that marijuana has been completely legalized is very much not true.
People also need to be aware that just because you can obtain marijuana in Colorado legally does not mean that your home state not prosecute you if you are found with marijuana. Law enforcement agencies in border states are strictly enforcing their own marijuana laws, and are targeting individuals seen traveling outside of Colorado.
We also have information on driving under the influence of marijuana.