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  • 5.0/5.0

    Working with Valerie was great. She was very knowledgeable about the laws surrounding my case and extremely professional. She made the process manageable and was very trustworthy.

    — Client

  • 5.0/5.0

    We worked with Valerie Cole and she was exceptional. She has a unique way as an attorney of being thoughtful, and yet very direct and to the point. She doesn't swing up and down, always calm and professional. She sees the big picture and it...
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    — Client

  • 5.0/5.0

    Hillary C. Aizenman is an awesome attorney. She always returned my calls and emails quickly. Her wages were clear from the beginning and she is very honest and has integrity. She got good results for me!

    — Client

  • 5.0/5.0

    I need an attorney really bad, so I called Polansky Law Firm not only did I win my case. But she explained the court procedure to me step-by-step I am so happy I picked this Law Firm. Thank you Cayce

    — Client

  • 5.0/5.0

    Lisa Polansky is a terrific criminal defense attorney who brings great knowledge and experience to the job as a result of handling countless, difficult cases, both in California and in Colorado. As a Colorado lawyer, I know that Lisa is hi...
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    — Peer

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.