Are You Facing A Marijuana Cultivation or Possession Charge in Colorado?

EFFECTIVE CRIMINAL DEFENSE STRATEGIES
In late 2012, Colorado passed Amendment 64, which marked a pivotal point in the way Marijuana is dealt with in the Colorado legal system. It is now permitted under Colorado state law for citizens and visitors over age 21 to possess and grow cannabis in certain, limited amounts and under certain circumstances. This said, there are still many situations in which criminal charges may be filed involving marijuana.
A marijuana arrest is still a serious matter

A Marijuana Arrest is Still A Serious Matter

It is important to note that, while marijuana is legal to use for medical and recreational purposes, marijuana is still considered a controlled substance under Colorado law. The possession, use, cultivation and transport are tightly regulated and are still under the scrutiny of Federal laws. Some people face federal drug charges for which state laws offer no protections, but even at the state level, current marijuana offenses include:

While criminal penalties for some marijuana charges are manageable without the need of legal assistance, the rippling effects of a drug-related conviction can be devastating in your life and the lives of those you love. In addition to fines and court-related costs, a marijuana-related drug conviction on your criminal record can be a serious barrier to employment and educational goals. It is still considered a drug conviction.

Current marijuana offenses include:
• Possession of more than an ounce of marijuana for personal use
• Public display or use, including use in parks
• Misdemeanor possession of more than two ounces but less than 12 ounces
• Possession of 12 ounces or more — which can lead to felony charges at various levels, carrying penalties that include massive fines and up to 12 years imprisonment
• Providing marijuana to a person under 18 years old
• Cultivation of more than six marijuana plants, growing marijuana for other than personal use, engaging in processing to produce marijuana concentrate and a range of other activities
• Driving under the influence of marijuana or another controlled substance (DUID)

Aggressive Defense Starts With Rigorous Investigation

I will investigate your case for police misconduct, mishandling of evidence, compromised informant testimony, and violations of your Fourth Amendment rights, as through an illegal search and seizure. I will conduct a thorough review of any police interrogation and witness statements.

By carefully reviewing the actions and misconduct of any law enforcement officials, such as obtaining and executing search warrants, we may be able to begin building a solid defense for your case. Marijuana cultivation cases, specifically, often hinge on informant testimony. I am dedicated to investigating these informants and challenging evidence used against you.

If the evidence against you is strong and was lawfully obtained, all is not lost. By carefully taking into consideration your personal background we may be able to negotiate a reduced charge or sentence against you. Depending on the evidence, we may be able to plead guilty to a lesser offense or deferred sentence with drug counseling. I also have resources for counseling services in Larimer County that we can review, should this be an option we need to discuss.

Frequently Asked Questions

A defense attorney can assist with marijuana possession charges in Fort Collins by challenging the legality of the search and seizure, questioning the handling of evidence, and exploring procedural errors. They can negotiate with prosecutors to reduce charges or seek alternative sentencing options like diversion programs. Additionally, they can advocate for your rights in court and build a strong defense based on the specifics of your case, potentially resulting in reduced penalties or dismissal of charges. We can help reduce or dismiss charges by scrutinizing the legality of the search and seizure procedures used in your case.
If you are accused of illegal marijuana cultivation in Fort Collins, immediately contact a defense attorney to represent you. Do not discuss the case with anyone other than your attorney. Gather all relevant documents and evidence related to the cultivation, including any permits or legal authorizations you may have. Follow your attorney’s advice on how to proceed, and attend all court hearings as required. Your attorney can help challenge the evidence, negotiate with prosecutors, and work to minimize potential penalties. Our attorneys can help protect your rights and develop a strong defense strategy.
If you are accused of illegal marijuana cultivation in Fort Collins, the penalties can include fines, imprisonment, and other legal consequences depending on the amount cultivated and other circumstances. For possession of more than an ounce but less than two ounces, penalties can include fines and possible jail time. Possession of more than twelve ounces can result in felony charges, with severe penalties including substantial fines and up to twelve years in prison. Providing marijuana to minors or engaging in large-scale cultivation can also lead to serious legal repercussions. Our defense attorney can help mitigate these penalties.
Yes. In Colorado, adults over 21 may legally grow a limited number of marijuana plants for personal use, but exceeding the legal plant count can lead to criminal charges. Authorities often view large grows as intent to distribute, even if you claim personal use. Factors such as plant number, grow equipment, and packaging materials affect how prosecutors pursue the case. Penalties range from fines to felony charges depending on the scale. A defense attorney can argue for personal use when evidence of distribution is weak. Proper legal representation is key to reducing the severity of charges.
Although Colorado permits marijuana cultivation, federal law still classifies it as illegal. This means federal agencies could prosecute growers, especially in large-scale operations or if activity crosses state lines. Federal charges typically carry harsher penalties than state charges. In practice, federal prosecutions are rare for small personal grows but remain possible. Knowing this risk helps individuals understand the stakes involved. Legal defense strategies must account for both state and federal laws.
The first step is to remain calm and avoid making self-incriminating statements. You should ask whether the search was conducted with a valid warrant. Any evidence gathered unlawfully may be challenged in court. Document the search process and contact an attorney immediately. A lawyer can evaluate whether your rights were violated and if evidence can be suppressed. Acting quickly improves your defense options.
Yes, federal charges can be applied to marijuana offenses in Fort Collins. Despite Colorado's legalization of marijuana for medical and recreational use, it remains illegal under federal law. This means activities such as large-scale cultivation, distribution, and possession can lead to federal charges, which often carry more severe penalties than state charges. A defense attorney can help navigate both state and federal legal complexities, potentially mitigating the impact of such charges. Reach out to us for more information about your case.

Additional Information in Fort Collins

Colorado Department of Public Health & Environment - Marijuana: Offers resources on safe use, legal parameters, and public health campaigns. It includes educational programs aimed at preventing misuse and promoting responsible consumption. The site also provides information on health effects, regulatory guidelines, and resources for both consumers and healthcare providers. This site can assist in a marijuana possession defense case by providing insights into state regulations and public health initiatives, potentially supporting arguments for responsible use or compliance with state laws.
Forbes Health - What Is Cannabis? Usage, Effects And Legality: Overview of cannabis, including its history, types, uses, effects, and legality. It covers the medicinal benefits of cannabis, such as pain relief and treatment for various conditions, as well as the potential risks and side effects associated with its use. Understanding these aspects can help in a marijuana possession defense case by providing context on the medicinal and recreational uses of cannabis, and highlighting any discrepancies between state and federal laws that might impact the defense strategy.
Colorado Cannabis - Laws about Marijuana Use: Comprehensive information about the legal use of marijuana, including possession limits, age restrictions, and public use prohibitions. It outlines the rules for buying and selling marijuana, such as the requirement for purchases to be made from licensed retailers and the prohibition of sales to minors. The site also covers workplace drug testing policies and the implications of marijuana use during pregnancy. This information can help in a marijuana possession defense case by clarifying legal limits and identifying any potential violations or defenses based on compliance with state laws.
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