A common defense to marijuana cultivation charges is that the police found the plants through an illegal search and seizure. If the defense attorney can show the judge that law enforcement violated the defendant’s Fourth Amendment rights, then the judge may suppress all evidence of the plants. And this may leave the D.A. with too little evidence to prosecute.
Another potential defense is that the plants did not belong to the defendant, and the defendant exercised no physical control over them. Unless the defendant owned or possessed the plants, then the charges should be dismissed.
5. How many plants can you grow in Colorado legally with a medical card?
And charges that get dismissed can be sealed immediately. 6
The maximum 12-plant per household rule applies to card-holding medical marijuana patients and caregivers, but there are exceptions. Patients can possess up to 24 plants at home if they:
6. How soon can the criminal record be sealed?
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
Coloradans can grow marijuana in their homes for personal use.
The laws are different for medical marijuana consumers.
Don’t forget that counties and municipalities can pass stricter laws. For example, Denver limits a home grow to 12 plants, even if there are three or more adults over age 21 in the residence. Be sure to check your local laws for specific details.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.