| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| 2 oz or less | No Penalty | None | $ 0 |
| Transfer of 2 oz or less for no remuneration | No Penalty | None | $ 0 |
| More than 2 oz | Petty Offense | None* | $ 100 |
| Open and public displays or uses of 2 oz or less | Petty Offense | None* | $ 100 |
| More than 2 - 6 oz | Misdemeanor | 3 months - 364 days | $ 1,000 |
| More than 6 oz | Misdemeanor | 6 - 18 months | $ 5,000 |
| * 24 hours of community service | |||
With Intent to Distribute |
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| Possession of 8 oz or more is considered possession with the intent to distribute will enhance the sentence. | |||
Sale or Distribution |
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| 4 oz or less | Misdemeanor | 6 - 18 months | $ 5,000 |
| More than 4 oz – 12 oz | Felony | 6 months - 2 years | $ 100,000 |
| More than 12 oz – 5 lbs | Felony | 2 - 6 years | $ 500,000 |
| More than 5 lbs – 50 lbs | Felony | 4 - 16 years | $ 750,000 |
| More than 50 lbs | Felony | 8 - 32 years | $ 1,000,000 |
| Sale to a minor has a greater penalty. See details for information. | |||
Cultivation |
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| 6 plants or fewer (3 mature) | No Penalty | None | $ 0 |
| 6 - 30 plants | Felony | 6 months - 2 years | $ 100,000 |
| More than 30 plants | Felony | 2 - 6 years | $ 500,000 |
Hash & Concentrates |
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Possession |
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| 2 oz or less | No Penalty | None | $ 0 |
| 2 - 3 oz | Misdemeanor | 3 months - 364 days | $ 1,000 |
| More than 3 oz | Misdemeanor | 6 - 18 months | $ 5,000 |
Distribute, Transfer, or Possess with Intent |
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| 2 oz or less | Misdemeanor | 6 - 18 months | $ 5,000 |
| More than 2 oz – 6 oz | Felony | 6 months - 2 years | $ 100,000 |
| More than 6 oz – 2.5 lbs | Felony | 2 - 6 years | $ 500,000 |
| More than 2.5 lbs – 25 lbs | Felony | 4 - 16 years | $ 750,000 |
| More than 25 lbs | Felony | 8 - 32 years | $ 1,000,000 |
| Sale, Transfer or Dispense to a minor has a greater penalty. See details for information. | |||
Paraphernalia |
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| Possession of paraphernalia | Petty Offense | N/A | $ 100 |
Penalty Details
Possession for Personal Use
Private possession by persons 21 years of age or older of up to two ounces of either cannabis flower or concentrates is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of two ounces or less for no remuneration is no penalty.
Possession of more than 2 ounces is a petty offense that is may be punishable by a maximum fine of $100 and up to 24 hours of community service. Open and public displays, uses, or consuming 2 ounces of marijuana or less is a petty offense that is may be punishable by a maximum fine of $100 and up to 24 hours of community service.
Possession of more than 2 to 6 ounces of marijuana is a misdemeanor, punishable by 3 months to 364 days imprisonment and a fine not to exceed $1,000.
Possession of more than 6 ounces is a misdemeanor, which is punishable by 6 – 18 months of imprisonment and a maximum fine of $5,000.
- Colo. Const. Art. 18 § 16(3)(a)(c)
- Colo. Const. Art. § 18-18-406(b)(I)
- Colo. Const. Art. § 18-18-406(c)
Possession with Intent to Distribute
Possession of 8 ounces of marijuana or more is a lesser-included offense of possession with the intent to distribute. Each element of the possession offense is included except the quantity, which is a sentence enhancer, not an essential element of the offense.
- People v. Garcia, 251 P.3d 1152
Sale or Distribution
Transfer of two ounces or less for no remuneration by persons 21 years of age or older is no penalty.
Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.
The sale of 4 ounces or less of marijuana is a misdemeanor punishable by 6-18 months imprisonment as well as a maximum fine of $5,000.
The sale of more than 4 ounces, but not more than 12 ounces of marijuana is a felony and punishable by a sentence of 6 months – 2 years and a maximum fine of $100,000.
The sale of more than 12 ounces but not more than 5 pounds of marijuana is a felony punishable by a sentence of 2 – 6 years and a maximum fine of $500,000.
The sale of more than 5 pounds but not more than 50 pounds of marijuana is a felony punishable by a sentence of 4 – 16 years and a maximum fine of $750,000.
The sale of more than 50 pounds of marijuana is a felony and punishable by a sentence of 8 – 32 years and a maximum fine of $1,000,000.
Sale to a minor has a greater penalty – increases incarceration and fine.
- § 18-18-406(b)(III)(A)(B)(C)(D)(E)
- § 18-18-406(1)(a)-(d)
Cultivation
There is no penalty in Colorado for persons who privately cultivate up to 6 marijuana plants, with no more than 3 being mature.
The cultivation of more than 6 but not more than 30 plants is a felony punishable by 6 – 18 months imprisonment as well as a maximum fine of $100,000.
The cultivation of more than 30 plants is a felony punishable by 2-6 years imprisonment as well as a maximum fine of $500,000.
- Co. Const. Art. 18 § 16(3)(b)
- § 18-18-406(3)(a)(III)(A)(B)(C)
Hash & Concentrates
Private possession by persons 21 years of age or older of up to two ounces is no penalty.
Possession of more than 2 ounces but less than 3 ounces of hashish or extracts is a misdemeanor punishable by a maximum fine of $1,000 dollars and/or a term of imprisonment between 6 months and 364 days.
Possession of more than 3 ounces of marijuana concentrate is a felony punishable by 6 – 18 months imprisonment as well as a maximum fine of $5,000.
- Co. Const. Art. 18 § 16(3)(a)
- § 18-18-406(b)(c)
Distribute, Transfer, or Possess with Intent
The sale of 2 ounces or less of marijuana concentrate is a misdemeanor punishable by 6 -18 months imprisonment as well as a maximum fine of $5,000.
The sale of more than 2 ounces – 6 ounces of marijuana concentrate is a felony punishable by 6 months -2 years imprisonment as well as a maximum fine of $100,000.
The sale of more than 6 ounces – 2.5 pounds of marijuana concentrate is a felony punishable by 2 – 6 years imprisonment as well as a maximum fine of $500,000.
The sale of more than 2.5 – 25 pounds is a felony punishable by a sentence of 4 – 16 years and a maximum fine of $750,000.
The sale of more than 25 pounds is a felony punishable by a sentence of 8 – 32 years and a maximum fine of $1,000,000.
Sale to a minor has a greater penalty – increases incarceration and fine.
- § 18-18-406(b)(III)(A)(B)(C)(D)(E)
- § 18-18-406(1)(a)-(d)
Sale to a Minor:
The sale, transfer, or dispensing of more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.
The sale, transfer, or dispensing of more than 3 ounces, but not more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 5,000 – $ 750,000.
The sale, transfer, or dispensing of more than .5 ounces, but not more than 3 ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.
The sale, transfer, or dispensing of not more than .5 ounces of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.
- § 18-1.3-401.5 Web Search
- § 18-1.3-501 Web Search
- § 18-18-406(1) Web Search
Paraphernalia
Possession of paraphernalia is a drug petty offense that is punishable by a fine of up to $100. Note that drug paraphernalia does not include marijuana accessories. Examples include bongs, rolling papers, and roach clips.
- § 18-18-428
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.