Mastro, Barnes & Stazzone P.C. Provides Legal Support
Since marijuana use and possession are now legal in Colorado, our legal firm approaches defending those charged with marijuana offenses in Denver, CO differently. While the state legalized the drug, they did not do so without limits, so there are firmly-drawn lines you need to be aware of. We’ve kept up with the changes in the law in our state so we can provide a vigorous defense to those charged with a drug crime in Colorado. If the authorities arrest you, we’ll examine your case from the moment the police arrested you until the end. Contact Mastro, Barnes & Stazzone P.C. today if you’re facing a marijuana offense.
Understanding the Nuances of Colorado’s Marijuana Law
Residents and visitors now have the legal right to purchase, possess, and consume marijuana. However, there are limits. The legislature intended to treat marijuana much like alcohol. Therefore, the legal minimum age for marijuana-related actions is 21, just as with alcohol. However, unlike alcohol, there are limits to how much marijuana can be bought or possessed at one time. Understanding the law is essential to avoid legal consequences. Mastro, Barnes & Stazzone P.C. wants you to understand the various grey areas of Colorado’s marijuana law:
- All purchases are limited to 28 grams. Initially, the limit was 7. This limit applies regardless of whether you’re purchases flower, concentrate, or edibles, whether individual or combined. Both individuals and shops are liable for charges if they sales exceed these limits.
- The law grows more complicated due to formulas that distinguish THC levels in various products. For instance, one ounce of flower equals 8 grams of concentrate. Additionally, one ounce of flower equals 800 milligrams of edibles. Many of our clients ran afoul of the law when they purchased different combinations due to the confusing nature of the law.
- Stores can only operate between 8 a.m. and 12 a.m. Stores that remain open violate the law and can face the consequences.
- Individuals cannot consume marijuana in public. A large percentage of Mastro, Barnes & Stazzone P.C. clients were unaware of the law prohibiting public consumption. We can help prevent jail time and advocate for reduced sentencing.
- All stores must be fully-licensed by Colorado. It is illegal to sell any marijuana products without a valid license. The consequences range from a misdemeanor for less than 4 ounces to a felony charge for sales over 4 ounces.
Understanding the Sentencing Outcomes for Various Offenses
Sentencing guidelines for marijuana possession offenses in Colorado vary depending on intent and quantity. Additionally, it is vital to understand the federal government still classifies marijuana as an illegal drug with stiff penalties. However, in Colorado, penalties for use and possession, cultivation, and sale and distribution can be severe. Colorado law is complicated and includes various factors. However, some common sentencing guidelines include:
- More than 1 ounce but no more than 2 ounces is a petty drug offense with a potential $100 fine.
- Public use of any form of marijuana under 2 ounces results in a fine of $100 and up to 24 hours of community service.
- Possession of more than 12 ounces of marijuana or more than 3 ounces of concentrate is a level four drug felony and a serious offense. We can help you avoid the consequences, which can result in between six months and one year in prison, as well as substantial fines as large as $100,000.
- Sale and Distribution
- Accepting no payment for 2 ounces or less is a petty drug offense with a punishment of a potential $100 fine.
- Selling more than four ounces but less than two ounces of concentrate is a level one drug misdemeanor, with penalties ranging from 6 to 17 months jail time and fines of up to $5,000, or both.
- Selling more than 50 pounds of marijuana or 25 pounds of concentrate is a level one felony, punishable by a mandatory sentence of at least eight years and as many as 32 years, plus stiff fines.
- Cultivation and manufacturing
- Twelve or fewer plants for personal use is legal. However, no part of the plants can be visible to the general public.
- Cultivating more than 12 plants results in sentencing depending on whether it is your first offense and the number of plants.
Contact Mastro, Barnes & Stazzone P.C. Today
Mastro, Barnes & Stazzone P.C. has experience dealing with drug offenses of all kinds, so our clients know we’re more than capable of navigating the complicated waters of marijuana use, sales, and cultivation in Colorado. Marijuana offenses range from small fines to extended jail time, so it is vital to retain our services if the authorities chaged you with a crime. Contact us today to get started on your defense strategy.