CO Marijuana Law > Constitutional Rights
- Business Formation
- State and Local Licensing
- Regulatory Compliance
- Amendment 20
- Amendment 64
Amendment 64 allows adults over the age of 21 to grow and possess marijuana for their personal use. However, Amendment 64 contains strict terms that must be followed or your activities are iIlegal. Adults may only grow 6 marijuana plants, with at most 3 in flower at any one time, as long as it is done a locked, enclosed space in accordance with the local laws of your town. Adults may possess all of the usable marijuana their plants produce but ONLY in the locked, enclosed space where it is grown. You may only possess up to 1 ounce at any time after you have left your locked enclosed space. It is ILLEGAL to sell any marijuana you grow or to transfer it for remuneration. Operating outside of the provisions of the Constitution and your local ordinances is ILLEGAL and will subject you to fines and/or jail. Contact Ms. Davis before you begin growing to ensure you understand the complicated laws surrounding Amendment 64.
Patients - Amendment 20 allows patients and primary caregivers to grow, possess and provide medical marijuana for themselves or on behalf of patients diagnosed with debilitating medical conditions. However, most patients are only entitled to grow 6 plants (up to 3 in flower) and to possess 2 ounces of usable marijuana. Almost every part of the plant will count toward those 2 ounces. And, many towns have ordinances designed to limit patient and caregivers’ rights. Understanding your legal obligations and the limitations of the law is critical to ensure you are not prosecuted.
Caregivers - A primary caregiver means a natural person, other than the patient or the patient’s physician, who is eighteen years of age or older and has “significant responsibility for managing the well-being of a patient”. The mere provision of marijuana is NOT sufficient to be a legal caregiver. You can be prosecuted if you are not operating in strict compliance with the caregiver rules. Contact Ms. Davis today to understand your rights and obligations.
The Colorado legislature and many local municipalities have enacted laws to restrict the Constitutional rights of patients and caregivers. These include limits on where you can grow, the number of plants you can legally grow, square footage limitations and similar restrictions. It is critical to know and understand these rules to ensure your activities remain legal. You can be prosecuted for non-compliance; Ignorance of the law is NOT a defense. Contact Ms. Davis today to ensure your actions are protected by Amendment 20.