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Illegal Cultivation Lawyer in Colorado | 6 or 12 Marijuana Plants?

Posted by Kyle B. Sawyer | Jan 11, 2022 | 0 Comments

Illegal Cultivation Lawyer

Colorado's law surrounding cultivation of marijuana places limits on how many plants can be grown in a person's residence. Depending on how many adults (21+) reside in the home, the number can change. Ranging from a level 1 drug petty offense up to a class 3 drug felony, illegal cultivation can come with impactful ramifications. If you or someone you know is facing allegations of unlawfully growing marijuana, the best course of action is to exercise your right to remain silent and contact an experienced Denver drug lawyer. Below we discuss specific ways in which our Colorado drug defense attorneys can help those accused.

How Many Marijuana Plants Can You Grow in Your Home in CO?

Up to 6 marijuana plants can be grown by adults in their home throughout the state of Colorado. As long as the following is true, this level of cultivation is lawful:

  • 3 or less of the plants are mature and flowering,
  • the plants remain in a locked and enclosed space,
  • AND the plants themselves aren't visible from the outside

If, however, two or more adults 21 or older live in a home, up to 12 marijuana plants can be grown. Issues can arise if someone under 21 lives in the house or enters the home at some point and the plants are not reasonably restricted from them. Their possession of recreational marijuana can result in a minor in possession charge. Furthermore, access to a home grower's plants by someone under the age of 18 can lead to charges of contributing to the delinquency of a minor for the adult involved.

How Serious is Illegal Cultivation in Colorado?

Each marijuana crime in Colorado is different. Penalties depend on several factors, including a defendant's criminal history and the specific facts of the case. A first conviction for illegal cultivation is a level 1 drug petty offense, potentially resulting in a maximum fine of $1,000. However, a second conviction (24 plants or less) is a level 1 drug misdemeanor, which can result in:

  • a county jail sentence of 6 - 18 months,
  • fines of $500 - $5K

Illegal marijuana cultivation can reach the felony range when more than 24 plants are found in a home. A conviction in these cases can include years in the Colorado Department of Corrections and / or fines in the six-figure range. Defendants on parole or probation face even higher consequences for illegal cultivation.

Denver Defense Attorney for Marijuana Charges

Allegations surrounding illegal cultivation of marijuana in Denver, Aurora, Lakewood, or Thornton require skilled representation from a strategic defense attorney. Sawyer Legal Group has decades of combined experience successfully navigating marijuana-related charges. Perhaps in finding the marijuana the police violated your 4th amendment rights, or the plants weren't yours and you never had control over them. Nevertheless, contact our office today for a free, confidential consultation. Our criminal lawyers will carefully analyze your case, answer your questions, and recommend next steps in your defense. Our affordable fees and flexible payment plans make obtaining an experienced attorney a reality for the accused.

Don't talk to the police about illegal cultivation accusations - talk to us. 303-830-0880

Photo by Washarapol D BinYo Jundang

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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