The Law Office of Andrew L. Bertrand, PC is a criminal defense practice serving Fort Collins and northern Colorado. Our attorneys have experience representing clients charged with a range of drug offenses, including possession, sale, and cultivation of marijuana.
Marijuana Possession Laws & Regulations
In Colorado, possession of two ounces or less of marijuana is considered a petty offense. The maximum penalty for a violation is $100. You will receive a summons to appear in court, and upon a promise to appear, you will be released from detention. If you fail to appear at the specified time and location, however, the charge will be elevated to a misdemeanor, which is punishable by up to six months in jail and $500 in fines.
Possession of two to eight ounces of marijuana is automatically charged as a misdemeanor, carrying a potential sentence of six to 18 months in jail and $500 to $5000 in fines, plus a $600 surcharge. If you have more than eight ounces of marijuana in your possession, the offense will be charged as a felony punishable by one to three years in prison and $1000 to $100,000 in fines in addition to a surcharge of $1125. Subsequent convictions involving possession over two ounces generally doubles potential penalties.
Marijuana Sale & Cultivation Laws
Transfer of less than two ounces of marijuana without payment is not considered distribution, and is only punishable as a petty offense. Any other transfer, sale, manufacture, or cultivation is charged as a felony, carrying a two to six year prison sentence and fines ranging from $2000 to $500,000, plus a $1500 surcharge. The potential penalties increase to eight to 24 years in prison and up to $1 million in fines if the amount being transported is more than 100 pounds, or if a sale occurred within 1000 feet of a school or public housing.
At the Law Office of Andrew L. Bertrand, PC, we have specific experience with defense of marijuana distribution crimes, and will work tirelessly to achieve a successful outcome for you. In some cases, we can negotiate with the prosecution to eliminate the sale or cultivation offense, so that you only face a misdemeanor possession charge. In other situations, arrest procedure violations, such as improper searches and seizures, may lead to outright dismissal of all charges.
While courts and law enforcement do take illegal possession and distribution of marijuana seriously, Colorado has some of the most progressive marijuana laws in the country. Medical marijuana with a written prescription is legal in Colorado. It is usually given to treat illnesses, such as cancer, glaucoma, seizures, nausea, and severe pain. There are some restrictions on marijuana possession, however, even with a medical marijuana prescription. For example, you may possess no more than two ounces of usable marijuana or no more than six marijuana plants.
In order to legally obtain medical marijuana in Colorado, prescription holders must visit an approved medical marijuana dispensary. The law requires you to have a patient card with you to make a purchase. We have experience assisting medical marijuana prescription holders and distribution centers who have encountered difficulties with law enforcement, or who face charges for possession or distribution violations.
Seek Experienced, Intelligent Defense Representation
Our attorneys have handled numerous marijuana cases with broad success. If the best strategy is to negotiate to reduce the charges or arrange for the conviction to stay off your record, we will help you get the best deal. If it is better to fight the case in court, we will represent you passionately and skillfully. Contact the Law Office Andrew L. Bertrand, PC today for a free initial consultation to discuss your best course of action.