Medical Marijuana in Colorado
Source: Colorado Department of Public Health and Environment. |
Some say laws are meant to be broken; if so there may be no other law for which that is truer than Colorado’s medical marijuana statute.
The Denver medical marijuana defense lawyers at The Law Firm of Jeremy Rosenthal understand the many issues surrounding Colorado’s medical marijuana law. Patients, growers, buyers and sellers, continue to face criminal prosecution on a number of fronts.
For starters, marijuana is still illegal under federal law and defendants can still face federal prosecution, even if they are in compliance with state law. In 2010, the Obama Administration issued a directive to federal authorities and federal prosecutors, ordering them not to pursue marijuana charges in cases where medical marijuana is legal under state law. But, of course, there are no guarantees.
Thus far, medical marijuana laws have been enacted in Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.
In other cases, patients or caregivers run afoul of the state’s medical marijuana statute, which is far from a blanket endorsement of the marijuana trade. A patient must be registered with the state and be suffering from a “debilitating medical condition” as defined by state law. Patients are also prohibited from possession more than two ounces of marijuana or six marijuana plants (with three or less being mature) and may not use marijuana in public. The state still arrests about 10,000 people a year on marijuana charges, including possession, sale, cultivation and possession of drug paraphernalia.
Colorado has decriminalized possession of marijuana for first-time offenders who do not have a medical marijuana card – particularly for cases involving possession of less than 8 ounces. Alternative sentencing and diversion are more common, which typically allow offenders a chance to complete probation and keep a charge off their record rather than face a trial and criminal conviction. But each case is unique and consulting with a marijuana defense attorney in Denver offers the best chance to protect your rights and keep a drug conviction off your record.
Under Colorado law, possession of less than an ounce is a petty offense punishable by a $100 fine. Use in public may result is a misdemeanor conviction and up to 15 days in jail. Possession of less than 8 ounces is a misdemeanor but may result in a jail sentence of up to 18 months. Possession of more than 8 ounces is a felony, punishable by up to 3 years behind bars.
The social penalties for a drug conviction, no matter how minor, may be quite severe, and can include job loss and the inability to hold certain jobs or occupational licenses. A defendant may even be unable to join the military or qualify for certain types of government assistance, including financial aid for college.
If you are dealing with marijuana charges in Denver, contact The Law Firm of Jeremy Rosenthal today for a free and confidential consultation to discuss your rights– 303.825.2223.
Denver Marijuana Defense Lawyer – 303.825.2223 – Free Consultation
