Denver Marijuana Defense Attorneys

If you have found yourself on this page, it may be because you or someone you care about is facing marijuana-related charges in Denver, Colorado. This can feel overwhelming and uncertain, and it is normal to feel anxious about what comes next. At Hebets & McCallin P.C., we understand these feelings and want to assure you that you do not have to face this alone. Our team of Denver Marijuana Defense Attorneys is here to guide you and work toward the best possible results for your case.

Although marijuana is legal in Colorado under certain circumstances, there are limits and regulations that can lead to criminal charges if violated. Whether it is an issue of possession, distribution, or cultivation, knowing what you are up against and having the right legal support can make a critical difference in your future.

Understanding Marijuana Possession Charges in Denver

Under Colorado law, a person is currently allowed to possess 1 oz of marijuana or up to 6 plants (if a medical marijuana patient) without any criminal penalty. A plant count can be elevated if a person is a registered medical marijuana patient. It is important to note that all possession of marijuana still violates federal law, even though federal law enforcement agencies do not seem particularly interested in people who possess small amounts of marijuana.

A person may consume marijuana privately without penalty. Public consumption, however, is prohibited, and open consumption is a petty offense which carries a fine and up to 24 hours of community service. There is some nuance as to what constitutes “public,” but for the most part, if you in the open consuming marijuana, you are breaking the law.

• Possession of more than one ounce but less than two ounces is a petty offense.
• Possession of more than to ounces but less than six ounces is a level 2 drug misdemeanor.
• Possession of more than 6 ounces but less than 12 ounces is a level 1 drug misdemeanor.
• Possession of more than 12 ounces is a level 4 drug felony.

Distribution of Marijuana And it’s Legal Consequences

While simple possession laws have significantly relaxed, law enforcement agencies are still going after individuals who are clearly dispensing or distributing marijuana. A person also faces additional charges if the distribution occurs over state lines, and may attract the attention of federal law enforcement in addition to state violations other than those of Colorado.

• Distribution of not more than 4 ounces is a level 1 drug misdemeanor.
• Distribution of more than 4 ounces but not more than 12 ounces is a level 4 drug felony.
• Distribution of more than 12 ounces but less than 5 pounds is a level 3 drug felony.
• Distribution of more than 5 pounds but less than 50 pounds is a level 2 drug felony.
• Distribution of more than 50 pounds is a level 1 drug felony, subject to mandatory prison time.

Cultivation Charges And The Importance of Compliance

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.

Potential Penalties For Marijuana Charges in Denver

The penalties for marijuana-related offenses in Denver depend on the specific charges and circumstances of the case. Petty offenses might result in fines, while misdemeanors can include jail time and probation. Felony charges, especially for larger quantities or distribution, come with the possibility of lengthy prison sentences and substantial fines. These penalties can disrupt your life, limit your career options, and create a lasting impact on your future.

The severity of the penalties makes it essential to act quickly and work with a legal team that will build a strong defense on your behalf. At Hebets & McCallin P.C., we are dedicated to examining every detail of your case, identifying weaknesses in the prosecution’s argument, and ensuring that your rights are protected throughout the legal process.

Choosing a Team of Experienced Denver Marijuana Defense Attorneys

If you have been arrested for a marijuana-related charge in Denver, it is essential to have the right legal team by your side. Marijuana laws in Colorado are complex, and while marijuana use is legal under certain circumstances, there are strict rules about possession, distribution, and cultivation. A conviction can lead to serious consequences like hefty fines, jail time, and a lasting criminal record. Choosing Hebets & McCallin P.C. ensures you have a dedicated team to guide you through the legal process and fight for your rights.

Our Denver Marijuana Defense Attorneys offer personalized representation for individuals facing marijuana charges. With a free consultation, you can discuss your case, learn about potential defenses, and get a clearer picture of the road ahead. We understand how overwhelming this time can be, and we are here to provide support every step of the way, from administrative hearings to courtroom proceedings.

Understanding The Seriousness of Marijuana Charges

Although marijuana is legal in Colorado, there are limits on how much you can possess, distribute, or grow. Being caught with amounts exceeding these limits can lead to varying levels of charges, ranging from misdemeanors to felonies. For example, possessing more than one ounce but less than two ounces of marijuana is a petty offense, but possessing over 12 ounces is a level 4 drug felony. Similarly, distributing small amounts may result in a misdemeanor, while larger quantities can result in felony charges with mandatory prison time.

These charges are not only about potential jail time or fines but also about how a conviction can impact your future. A criminal record may affect your employment opportunities, housing options, and personal life. That is why having experienced Denver Marijuana Defense Attorneys like Hebets & McCallin P.C. is so important.

Common Defenses in Marijuana Defense Cases

The laws surrounding marijuana possession, distribution, and cultivation are detailed and require thorough understanding. However, there are several defenses that may be applicable in your case. One of the most common is unlawful search and seizure. Law enforcement must follow strict protocols when investigating marijuana offenses. If your rights were violated during the search or arrest, evidence may be excluded from the case, significantly strengthening your defense.

Another defense may involve proving you were within the legal limits set by Colorado law. For example, registered medical marijuana patients are allowed to cultivate up to six plants, and in some cases, more if they have physician authorization. Demonstrating compliance with state regulations could lead to a dismissal of charges.

At Hebets & McCallin P.C., we understand how to build strong defenses in marijuana cases. Our team takes the time to investigate every detail, ensuring that your rights are protected throughout the process. We work to minimize the consequences of a marijuana defense charge and strive for the best possible outcome, whether that means negotiating for reduced charges or fighting for a full dismissal in court.

We also prioritize clear communication and personal attention, so you never feel alone in this process. From understanding the charges against you to navigating the complexities of court proceedings, we are committed to providing the support and representation you deserve.

Mistakes to Avoid After Being Arrested For Marijuana Charges

Being arrested for marijuana-related offenses in Denver can be a stressful and confusing experience. It is easy to feel overwhelmed, especially when you are uncertain about what steps to take next. However, making the wrong decisions during this time can have serious consequences. If you are facing marijuana charges, here are some common mistakes to avoid to protect your rights and future.

Talking to Law Enforcement Without Legal Help

One of the biggest mistakes individuals make after being arrested for a marijuana offense is talking to law enforcement without first seeking legal advice. Anything you say to the police can be used against you in court. Even if you are just trying to explain yourself, it is crucial to remember that you have the right to remain silent. Before speaking to law enforcement or anyone involved in your case, contact an attorney to ensure your statements do not harm your defense.

Not Hiring a Denver Marijuana Defense Attorney

Another mistake people make is attempting to handle their marijuana defense on their own. Marijuana laws in Colorado are complex, and a lot can be at stake depending on the specifics of your case. Without professional guidance, you may miss key details or overlook important legal strategies that could help reduce the charges or penalties. Hiring an experienced Denver Marijuana Defense Attorney at Hebets & McCallin, P.C. ensures that your case is handled properly, and that you have the best chance of achieving a favorable outcome.

Ignoring Court Deadlines

When arrested for marijuana-related offenses, there will be several important court dates and deadlines that must be met. Missing a court date or failing to respond to legal notices can result in serious consequences, such as additional fines or arrest warrants. It is essential to stay on top of all court requirements to avoid making the situation worse. A Denver Marijuana Defense Attorney from Hebets & McCallin, P.C. can guide you through each step, ensuring that no important deadlines are missed.

Denver Marijuana Defense Client Story

This client story is for educational purposes only.