Drug manufacturing and cultivation laws are quite strict 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 are unable to 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
While statutes are a great source of information, they're usually a written in complicated legal jargon. That's why reading a summary of statute can be very useful to better understand the law. Below you can find an overview of Colorado's drug manufacturing laws as well as links to applicable statutes.
Colorado Revised Statutes Title 18. Article 18, Part 4, Section 18-18-405, et seq. (Unlawful Distribution, Manufacturing, Dispensing, or Sale)
|Statutory Definition of Offense||
It's unlawful for any person to knowingly:
|Marijuana Cultivation and Marijuana Concentrate Manufacturing||
It's unlawful for a person to knowingly:
|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 which 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.
Level 1 drug felony: 8-32 yrs. in prison, $5,000-$1 million in fines
Level 2 drug felony: 4-16 yrs. in prison, $3,000-$750,000 in fines
Level 3 drug felony: 2-6 yrs. in prison, $2,000-$500,000 in fines
Level 4 drug felony: 6 mos.-2 yrs. in prison, $1,000-$100,000 in fines
Level 1 drug misdemeanor: 6-18 mos. in jail, $500-$5,000 in fines
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Colorado Drug Manufacturing Laws: Related Resources
Get Professional Legal Help with Your Colorado Drug Case
If you've 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'll 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 speaking with a Colorado drug crime attorney.
Contact a qualified attorney.