Usually when you think of seniors over the age of 70, you think of people moving somewhere remote to retire and taking it easy. Perhaps for one senior couple, taking it easy included growing marijuana at home. According to a news story I read, a couple (aged 84 and 73) had 30 pot plants growing in their garage. A tip from a power company allegedly led detectives to the couples' home, which is where the marijuana was discovered. In Denver and Adams County, and across Colorado, it is unlawful to be cultivating 30 marijuana plants at one's home. Let's continue reading about the law on unlawfully cultivating marijuana, unlawfully growing marijuana and unlawfully producing marijuana plants across Colorado.

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Unlawfully Cultivating Marijuana: Cultivation, Growth and Production of Pot Plant in Colorado

According to C.R.S. 18-18-406(3)(a), in Denver, Arapahoe County and across Colorado, it is unlawful for a person to knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls. For people facing criminal charges for unlawfully cultivating marijuana, below is the description of charges and legal consequences you could face depending on the amount of marijuana plants you are cultivating:

Amount of Pot Plants Type of Drug Felony Penalty More than 30 pot plants Level 3 Drug Felony (DF3) 2-6 years in the Colorado Department of Corrections 6-30 weed plants Level 4 Drug Felony (DF4) 6 months to 2 years in the Colorado Department of Corrections 6 marijuana plants Level 1 Drug Misdemeanor (DM1) 6-18 months in the Douglas County Jail

The couple in this news story was unlawfully cultivating marijuana. They could face a level 4 drug felony (DF4) charge in Colorado for unlawfully cultivating 30 marijuana plants at their home. This means they could face prison time up to 2 years in the Colorado Department of Corrections if convicted.

Exceptions to the Crime of Cultivating Marijuana Plants in Jefferson County

It is not unlawful to cultivate marijuana plants in Jefferson and Douglas County, and across Colorado, if someone is lawfully cultivating medical marijuana or if they're lawfully cultivating marijuana in an enclosed and locked space. “Lawfully” involves a limit on the number of plants and licensing when required. However, there are stricter provisions if someone is cultivating marijuana in their homes. If anyone under the age of 21 lives in a residence where marijuana is cultivated, the cultivation area must be enclosed / locked. If no one under 21 lives in the residence, but someone under the age of 21 visits the residence, the person cultivating the marijuana should make sure the cultivation area is restricted for the duration of time that person is visiting.

Charged With a Marijuana Offense in Denver? Hire a Marijuana Defense Attorney

Always contact an experienced marijuana defense lawyer if facing charges for unlawfully cultivating marijuana.

Getting charged with or convicted of a marijuana offense in Denver, Aurora or Northglenn  or anywhere else in Colorado is serious. It could impact your ability to keep your job or find another job in Colorado. You should always consult an experienced criminal defense lawyer early on in your case if facing any criminal charges for unlawfully cultivating marijuana in Colorado.

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If you or a loved one has been charged with a marijuana offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office. Our lawyers practice in Denver, Littleton and anywhere else in Colorado. For a free consultation, call 303-830-0880. Together, we can protect your future.Request a Free Consultation

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