| Read Time: 2 minutes | Criminal Defense

On January 1, 2014, recreational use, possession, sale, and cultivation of marijuana became legal in Colorado. While medical marijuana has been legally available in the Centennial State for quite some time already, now you do not need a medical marijuana prescription to consume or possess cannabis-based products.

In general, pot is regulated similarly to alcohol. Anyone who is 21 years of age or older can purchase retail marijuana. Both Colorado residents and visitors alike can buy up to 28 grams (one ounce) of weed at one time. All you need is a government-issued ID to indicate that you are over 21.

Possession of more than one ounce, but less than two ounces, is considered a class two petty offense that is punishable by a maximum fine of $100.

A person who openly and publicly displays or uses of less than two ounces can result in a similar fine or even a jail sentence of up to 15 days. Possession between two and six ounces is a class two misdemeanor, which is punishable by a maximum jail sentence of 12 months and a fine of up to $1,000.

Adults 21 years of age or older can legally possess and transport cannabis. However, drivers may not smoke while driving or driving under the influence of marijuana.

The law sets a low intoxication level for marijuana DUI (five nanograms/mL of blood), so it is wise to avoid driving after consuming or smoking any amount of cannabis. A first-time DUI with marijuana results in similar penalties for DUI involving alcohol.

Unfortunately, cannabis cannot be displayed or consumed out on the streets, in parks, or public spaces in general. You can only smoke in a private residence where the owner permits marijuana use.

When it comes to growing your own in Colorado, individuals can possess up to six plants–with three or fewer of them flowering. While you may not sell any of your plants without a proper license, you may give away up to an ounce to an adult who is 21 years old or older for free.

A person who cultivates six or fewer cannabis plants for purposes other than private personal use is subject to a class one misdemeanor.

Penalties include a maximum jail sentence of 18 months and a fine of up to $5,000. Between seven and 29 plants is considered a class five felony, which results in a maximum prison sentence of three years and a fine of up to $100,000.

If you have been arrested for a weed-related offense in Denver, our experienced legal team at Gerash Steiner & Blanton, P.C. can help you obtain the best results possible. For more information, contact us and schedule a free consultation today.

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