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Criminal charges for growing marijuana in Denver still happen

On Behalf of | Feb 9, 2018 | Criminal Defense

Since Colorado became the first state to legalize adult retail marijuana sales and recreational marijuana use, many other states have followed suit. Many people, both visitors and residents alike, may fall victim to incorrect assumptions about state and municipal marijuana laws. This is especially true when it comes to growing marijuana.

Under the new laws allowing for adult use, Colorado residents over the age of 21 can grow marijuana for personal use in their own homes. However, there are limits in place, both at the state and city level, that can result in criminal charges. Take the time to familiarize yourself with the laws to avoid a serious criminal charge.

There are limits to how many plants you can grow

If you have a stated red medical marijuana program card, there are different rules in place. However, if you intend to grow under the general legalization measure, you need to carefully comply with the laws and restrictions in place. Adults age 21 or older can grow up to six marijuana plants at any given time. However, only three of those plants can be in the flowering stage at one time.

It doesn’t matter how many people live in your home. Even if there are four adults, you can only grow a maximum amount of twelve plants in your home. Theoretically, households that meet certain requirements could grow more than that, but not in Denver. The City of Denver limits your home to no more than 12 plants at a time, regardless of the number of adults in your home.

You cannot grow marijuana outside

In order to ensure children do not access marijuana and to prevent issues such as theft, the state requires that those growing marijuana do so inside. Specifically, marijuana plants must be kept in an enclosed, locked area that is not readily visible. If there are minors in your home, the area must be locked, and the minor children cannot gain access to the grow space.

Even if there are no children living there, the state expects you to take reasonable steps to secure the space against any children who may visit your home. Failing to secure your growing could result in legal issues.

You cannot sell your marijuana or marijuana products

Even if you find that you have far more marijuana than you need and a massive electric bill, you cannot sell any of the marijuana you have grown. You also cannot legally sell marijuana-infused foods or extracts unless you have a retail license from the state.

You can still end up convicted of marijuana offenses and saddled with a criminal record for marijuana in Colorado. Don’t take any unnecessary risks that could put your freedom and future in peril.

Photo of Attorney Phillip A. Geigle