Sale & Distribution
While you can possess marijuana under Colorado law, selling, delivering, or distribution of marijuana is still a crime unless you have a license and business set up to handle it. This industry is heavily regulated and skirting the law can get you in a lot of trouble.
Just providing marijuana to a friend, less than two ounces, without payment is a petty drug offense and the penalty is a $100 file according to Colo. Rev. Stat. § 18-18-406(5)(c) (2019).
If you sell less than four ounces of marijuana or less than two ounces of marijuana concentrates such as marijuana wax or hashish oil, you could be convicted of a level one drug misdemeanor. If convinced, you could face between six and 18-months in jail with a fine of between $500 and $5,000 according to Colo. Rev. Stat. §§ 18-1.3-501, 18-18-406(2)(b)(III)(E) (2019).
Selling or distribution for money of more than four ounces, but no more than 12 ounces of marijuana – or more than two ounces, but no more than six ounces of marijuana concentrate is a level four drug felony. If convicted you can be sentenced to between six months and one year in jail and a fine from $1,000 to $100,000 according to Colo. Rev. Stat. §§ 18-1.3-401.5, 18-18-406(2)(b)(III)(D) (2019).
Possession With Intent To Distribute Amounts & Risks
| MARIJANA MINIMUM | MARIJUANA MAX | CONCENTRATE MINIMUM | CONCENTRATE MAXIMUM | CHARGE | FINE | JAIL TIME | STATUTE |
|---|---|---|---|---|---|---|---|
| More than 12 Ounces | No more than 5lbs | More than 6 oz | No more than 2.5 lbs | Level three drug felony | $2,000- $500,000 | 2-4 years | Colo. Rev. Stat. §§ 18-1.3-401.5, 18-18-406(2)(b)(III)(C) (2019) |
| More than 5 lbs | No more than 25 lbs | More than 2.5 lbs | No more than 25 lbs | Level two drug felony | $3,000- $750,000 | 4-8 years | (Colo. Rev. Stat. §§ 18-1.3-401.5, 18-18-406(2)(b)(III)(B) (2019).) |
| More than 50 lbs | More than 25 lbs | Level one drug felon | Imposed at court’s discretion | Mandatory minimum 8-year sentence up to 32 years in prison | Colo. Rev. Stat. §§ 18-1.3-401.5, 18-18-406(2)(b)(III)(A) (2019) |
If you’ve been charged with any marijuana-related offense, it’s important to get in touch with a Colorado Springs criminal defense attorney with drug crime defense experience who can help you navigate the legal system and keep your long-term best interests in mind. This content was accurate at the time it was written (May 2020), but it could change at any time, and knowing the playing field through the eyes of an experienced former felony drug crime prosecutor. Give Steven Rodemer a call today!
What Do I Do if I’m Arrested for Possession of Marijuana
- Because medical and recreational marijuana is legal in Colorado if you’re arrested for possession it’s likely due to a large quantity being found, or it looks like you’re illegally selling the drug. You must invoke your right to remain silent right away. Comply with directions, but don’t admit guilt or make any statements that might be construed as guilt while in police custody.
- Call us immediately. The sooner an expert attorney is involved, the better your chances of acquittal may be.