Can You Possess Too Many Marijuana Plants in Colorado?
On January 1, 2013, Colorado became the first place anywhere in the world to allow legal marijuana sales to anybody over 21 for any purpose, including recreational use. Residents of Colorado are also allowed to grow Marijuana privately, but under very strict guidelines and regulations. This article offers some useful insight on who can grow marijuana in Colorado, what the regulations are and what consequences you can expect if you breach the law.
Who can grow marijuana in Colorado?
Any adult who is licensed can grow marijuana for personal use in Colorado. However, there are strict regulations that need to be followed.
Is there a minimum age requirement to grow Marijuana in Colorado?
First, for you to be allowed to grow marijuana in Colorado, you must be above the minimum age of 21 years. Before attaining the age of 21, you will be liable for a misdemeanor being in illegal possession of marijuana plants (regardless of the amount) and you may pay a fine of $500-$5,000 or face 6-18 months imprisonment.
Is there a limit to the number of plants I can privately grow in Colorado?
If you are over the age of 21 and want to grow Marijuana without a cannabis business, the number of marijuana plants under your care must not exceed 6 as outlined in the Constitution of Colorado, Article XVIII section 16 (3). In case you exceed the limit and you are found to be in illegal possession of marijuana plants, you will have committed a drug felony, hence punishable by 6-18 months imprisonment and a fine not exceeding $100,000.
Can I grow Marijuana plants anywhere on my property?
The law requires that all marijuana must be grown in an enclosed area that is not available for public scrutiny. You are not allowed to grow marijuana in open places. The rationale behind this is to make sure that minors do not access and be in illegal possession of marijuana plants. This is one of the bigger risks involved with growing marijuana at home. You are therefore advised to take necessary precautions to ensure that any person who is below the age of 21 in your home does not gain access to marijuana plants. Otherwise you will be in contravening the law.
What if I am caught with illegal possession of excess marijuana in public?
The law of Colorado is very clear as to the amount of marijuana one can carry in public. There is no penalty if you are found to be in possession of marijuana and you have met the minimum age requirements of being 21 or older.
- However, if you are found to possess more than 1 and up to 2 ounces, you will have committed a petty offence that attracts a fine of $100.
- If you are found to be in illegal possession of marijuana between 2 to 6 ounces, you will have committed a level 2 misdemeanor and can be sentenced to up to 1 year imprisonment and a fine that does not exceed $700.
- Illegal possession of 6 to 12 ounces of marijuana attracts imprisonment of up to 18 months and a fine ranging between $500-$5000.
- If you are caught in possession of more than 12 ounces, you will have committed a felony and will be incarcerated for 1 to 2 years in prison and will have to pay a fine of up to $100,000.
- If you are caught selling marijuana illegally, you will be sentenced to a minimum of 6 months in prison and have to pay a minimum of $5,000 fine. Depending on the amount you are caught with while selling, imprisonment time can go up to 32 years and the fine can go up to 1 million U.S. dollars.
In conclusion, even though the personal cultivation of marijuana has been legalized in Colorado, there are strict guidelines that need to be followed. Illegal possession of marijuana plants is a criminal offence and is punishable by law in Colorado. If you have any questions or concerns, please contact Pollart Miller LLC to consult on your specific case.
5700 South Quebec St. Suite 200 Greenwood Village, CO 80111
Can You Possess Too Many Marijuana Plants in Colorado? On January 1, 2013, Colorado became the first place anywhere in the world to allow legal marijuana sales to anybody over 21 for any purpose,
Colorado Cultivation License and Marijuana Laws
Home » Compliance » Colorado Cultivation License and Marijuana Laws
The marijuana market in Colorado is one of the most mature legal cannabis markets in the United States. Colorado’s market is generally separated between “Medical Marijuana Businesses” and “Recreational Marijuana Establishments.”
Getting involved in a mature market will help your business mature more rapidly and give more strict guidance into what a true cannabis business should look like.
Below, we’ve provided a general outline of what it takes to obtain your Colorado grower license and maintain a compliant business. We will continue to update this page as new information becomes available.
Table of Contents
Colorado Marijuana Laws for Growers
Colorado set the bar and best practices in other states, making it much easier with set regulations and minor changes ensure compliance:
- A separate license is required for each specific business or business entity and geographical location. Two marijuana centers/facilities may share a single licensed premise under some circumstances.
- There are a total of 9 license types for medical businesses and 12 license types for recreational businesses, making Colorado’s market just as advanced as California’s.
- Clear tracking of the plants from planting to harvest and transfer must be adequately documented in a system of record as well as submitted to the state through Metrc.
Types of Colorado Grow Licenses
A Colorado Medical Marijuana Cultivation Facility can be licensed in three different classes:
- Class 1 (1-500 plants)
- Class 2 (501-1500 plants)
- Class 3 (1501-3000 plants)
This type of facility will require an application cost and license cost. A medical cultivation facility application cost is $300, and the Classes range from $1,500 to $3,500 with an additional $800 charge for any plant expansion beyond the 3000 plant limit.
A Colorado Recreational Marijuana Cultivation Facility has five Tiers of licensure:
- Tier 1 (1-1,800 plants)
- Tier 2 (1,801-3,600 plants)
- Tier 3 (3,601-6,000 plants)
- Tier 4 (6,001-10,200 plants)
- Tier 5 (10,201-13,800 plants)
This type of facility will also require an application cost and license cost. A recreational cultivation facility application cost is $300, and the Classes range from $1,500 to $6,500 with an additional $800 charge for any plant expansion beyond the 3000 plant limit.
For a full list of licensing fees, check out the MED fee schedule.
Colorado Commercial Grow License Cost
The license application fee for growers, processors, and dispensaries is $2,500. This cost is per facility AND per license type. Renewal occurs every year and is $2,500 each.
Colorado Commercial Grow License Application Requirements
To obtain a license to open any business related to marijuana in Colorado, you must fill out a Marijuana License Application.
This application will include information about the owners and the legal business requirements and forms, such as tax and background checks. All processes and organizational structures should be documented for review by the state.
The application will also require you to mark off your desired business licensure, such as recreational or medical and related information, such as license type, business name and address, contacts, and stakeholders.
It’s best if you are fully prepared to start a marijuana business before even applying so that the application gets approved right away. Check out your local city regulations for a full application checklist.
Marijuana Compliance in Colorado
Colorado is contracted with Metrc, a statewide, mandatory tracking system that serves as the state system of record. All licenses in Colorado are required to keep adequate records to ensure that all inventory of plants and products are tracked to provide a clear line of origin.
Cultivators should keep records of harvest dates and follow all instructions set by Metrc to successfully tag and manage inventory. Transfers should also be managed with shipping manifests so that all transfers and taxes can be easily proven.
Metrc is a great tool and can be widely advantageous for any license in the state attempting to track their cultivation operation effectively. Still, it is not the only system of record that a licensee should use. A robust tool as 365 Cannabis can optimize your business operations, give you visibility into all processes occurring and inventory, and is a great system of record both financially and for cultivation.
How does 365 Cannabis fulfill this?
365 Cannabis is a true ERP that delivers a complete business management solution, facilitates compliance, and ensures timely and accurate reporting. With a centralized system, you’ll be able to reduce manual and double entry, nearly eliminating human error.
With a true cannabis ERP software that goes above and beyond seed to sale, you’ll be able to increase efficiency, improve productivity, and grow your cannabis cultivation business.
This article is meant to be a guideline for your reference and is not legal advice. Read more about Colorado marijuana regulations and prepare your application with a cannabis business consultant and/or law firm.
Colorado’s market is one of the most mature legal cannabis markets in the US. Join the market and learn how to acquire a Colorado cultivation license.