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  • 5.0/5.0

    I am thrilled to write this 5-star review for Lisa Polanski, the incredible attorney who represented me during a challenging legal situation. From the moment I hired Lisa, her professionalism, dedication, and expertise were evident, and I a...
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    — Client

  • 5.0/5.0

    By far the best results I could have gotten! Josiah Cohen was there for me from the minute I spoke on the phone with him in reference to my legal issues. The day after I had first spoke with Mr. Cohen I called to ask a couple quick ques...
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    — Client

  • 5.0/5.0

    Josiah was eager to take my case and fight it with a passion. From our first conversation going over the issue to our conversation regarding dismissal of all charges, Josiah was communicative, responsive, and helpful in terms of explaining ...
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    — Client

  • 5.0/5.0

    Josiah Cohen is an absolute stellar attorney. Not only was he compassionate from the moment he first spoke with me, he was incredibly skilled and zealous in his advocacy for the entirety of the case. He is one of the best lawyers I've ever ...
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    — Client

  • 5.0/5.0

    Josiah in Particular and the whole Polansky Team really helped me out in a terrible situation. They were able to do there job so well I was able to walk away from some life changing charges. On top of that, very responsive, very respectful,...
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    — Client

Since Amendment 20 was passed in 2000, there has been a great deal of confusion surrounding Colorado’s marijuana laws. While state legislation was passed in 2017 limiting the number of marijuana plants used for medical purposes in a private residence to 99, the amount of marijuana plants an individual can grow in their residence for recreational use is also limited. In addition, the number of plants that can be kept can vary, depending on how many adults live in the home.

Since Amendment 64 went into effect in 2017, any adult over 21 in Colorado may keep up to six marijuana plants in their home. The law also specifies that they can possess any amount of marijuana produced by the plants as long as it remains within the residence and is not sold. Cultivation of the plants is lawful if the following criteria are met:

  • Three or fewer of the plants are mature and flowering
  • The plants are in an enclosed and locked place
  • The plants are not visible from outside the home

A first-time offense of having more than the allowable number of plants can result in a level 1 drug petty offense, punishable by a fine of up to $1,000.

A subsequent offense can lead to a level 1 drug misdemeanor charge, provided there were not more than 24 plants in the residence. The penalties for this offense can include six to 18 months in county jail and monetary fines between $500 and $5,000. If more than 24 plants were being cultivated in the home, an individual can be charged with a class 3 drug felony, which carries a penalty of two to four years in Colorado State Prison and fines between $2,000 and $500,000. If aggravating circumstances exist — for instance, if the defendant was on parole or probation — the prison term can increase to four to six years.

In the event that you have been charged with illegal marijuana cultivation in Colorado, it’s important to have a skilled criminal defense attorney by your side to fight the charges against you. A common defense in these cases is establishing that the plants were obtained through illegal search and seizure. If law enforcement did not follow proper protocol and violated your Fourth Amendment rights, the evidence against you may be suppressed, resulting in a dropped or reduced charge.

Located in Boulder, Colorado, the Polansky Law Firm represents clients who have been arrested for illegal marijuana cultivation charges throughout Colorado. Call 303-415-2583 or contact us online to learn how we can help.