Drug manufacturing and cultivation laws are quite severe in most states, mainly because such operations typically feed black market retailers of illicit drugs. But most states differentiate among different types of drugs and consider other factors such as intent to distribute and possession of "precursors" used to make certain substances (for instance, the sinus medication pseudoephedrine can be used to make methamphetamine). But these laws are even more nuanced in states like Colorado that have legalized the possession and recreational use of marijuana.
Legal Cultivation of Marijuana for Personal Use
If you live in Colorado, you may legally cultivate up to six marijuana plants (up to three plants in the flowering stage) on your property. However, the state requires plants to be grown indoors and, if minors are present, in a secure location that minors cannot access. Also, keep in mind that there are different rules for those authorized to use marijuana medicinally. As you can see from the information listed above, failure to comply with these rules can result in criminal charges.
Colorado Drug Manufacturing Laws: The Basics
Details about Colorado's drug manufacturing laws are listed below, including information about the legal cultivation of marijuana.
Colorado Revised Statutes § 18-18-405 , et seq.
|Statutory Definition of Offense||
It is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
|Marijuana Cultivation and Marijuana Concentrate Manufacturing||
It is unlawful for a person to knowingly process or manufacture any marijuana or marijuana concentrate or knowingly allow to be processed or manufactured on land owned, occupied, or controlled by him or her any marijuana or marijuana concentrate.
It is unlawful for a person to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.
It is unlawful for a person to knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls.
*Those in compliance with Colorado's marijuana cultivation / manufacturing laws and licensing restrictions will not be charged.
|Drug Manufacturing Charges (Excluding Marijuana)||
Level 1 drug felony - Any material, compound, mixture, or preparation that weighs:
Level 2 drug felony - Any material, compound, mixture, or preparation that weighs:
Level 3 drug felony - Any material, compound, mixture, or preparation that weighs:
Level 1 drug misdemeanor
|Marijuana Cultivation and Marijuana Concentrate Manufacturing Charges||
Manufacture of Marijuana Concentrate on One's Property
Possession with Intent to Manufacture and/or Sell Marijuana or Marijuana Concentrate
Cultivation of Marijuana
*Those in compliance with Colorado's rules for home cultivation will not be charged.
Note: State laws are always subject to change. While we strive to provide the most current information available, please consult a Colorado criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Get a Free Legal Evaluation of Your Colorado Drug Case
If you have been charged with the manufacturing or cultivation of illicit drugs in Colorado, you most likely will be facing some amount of incarceration. This means you will want to put together the best legal defense possible, preferably with the help of a skilled defense attorney. Learn more about your next steps by having a Colorado attorney assess your charges -- for free.
Contact a qualified attorney.