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PENALTIES UNDER COLORADO LAW



Quick Reference Table (ACTUAL COLORADO STATUTE BELOW TABLE)



Colorado Statutes



Title 18. CRIMINAL CODE



Article 18. Uniform Controlled Substances Act of 1992



Part 4. OFFENSES AND PENALTIES



Current through Chapter 80, Regular Session 2011



 § 18-18-406.  Offenses Relating to Marijuana and Marijuana Concentrate



 (1) Any person who possesses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.



(2) Whenever a person is arrested or detained for a violation of subsection (1) of this section, the arresting or detaining officer shall prepare a written notice or summons for such person to appear in court. The written notice or summons shall contain the name and address of such arrested or detained person, the date, time, and place where such person shall appear, and a place for the signature of such person indicating the person's written promise to appear on the date and at the time and place indicated on the notice or summons. One copy of said notice or summons shall be given to the person arrested or detained, one copy shall be sent to the court where the arrested or detained person is to appear, and such other copies as may be required by the law enforcement agency employing the arresting or detaining officer shall be sent to the places designated by such law enforcement agency. The date specified in the notice or summons to appear shall be at least five days after such arrest or detention unless the person arrested or detained demands an earlier hearing. The place specified in the notice or summons to appear shall be before a judge having jurisdiction of such class 2 petty offense within the county in which the class 2 petty offense charged is alleged to have been committed. The arrested or detained person, in order to secure release from arrest or detention, shall promise in writing to appear in court by signing the notice or summons prepared by the arresting or detaining officer. Any person who does not honor such written promise to appear commits a class 3 misdemeanor.



(3) (a) (I) Any person who openly and publicly displays, consumes, or uses two ounces or less of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars or, at a maximum, by a fine of not more than one hundred dollars and, notwithstanding the provisions of section 18-1.3-503, by fifteen days in the county jail.



(II) Open and public display, consumption, or use of more than two ounces of marijuana or any amount of marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsection (4) or (4.5) of this section.



(b) Except as is otherwise provided for in paragraph (a) of this subsection (3), consumption or use of marijuana or marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsections (1), (2), (4), and (4.5) of this section.



(4) (a) Any person who possesses more than two ounces of marijuana but no more than six ounces of marijuana commits:



(I) A class 2 misdemeanor.



(II)



(b) Any person who possesses more than six ounces of marijuana but no more than twelve ounces of marijuana or three ounces or less of marijuana concentrate commits:



(I) A class 1 misdemeanor.



(II)



(c) Any person who possesses more than twelve ounces of marijuana or more than three ounces of marijuana concentrate commits a class 6 felony.



(5) Transferring or dispensing two ounces or less of marijuana from one person to another for no consideration is a class 2 petty offense and shall not be deemed dispensing or sale thereof.



(6) (a) (I) A person shall not knowingly process or manufacture any marijuana or marijuana concentrate or knowingly allow to be processed or manufactured on land owned, occupied, or controlled by him or her any marijuana or marijuana concentrate except as authorized pursuant to part 3 of article 22 of title 12, C.R.S.



(II) Any person who violates the provisions of subparagraph (I) of this paragraph (a) commits:



(A) A class 4 felony; or



(B) A class 3 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (a) applies or would apply if committed in this state.



(b) (I) Except as is otherwise provided in subsection (7) of this section and except as authorized by part 3 of article 22 of title 12, C.R.S., or by part 2 or 3 of this article, it is unlawful for any person knowingly to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.



(II) As used in subparagraph (I) of this paragraph (b), "dispense" does not include labeling, as defined in section 12-22-102 (16), C.R.S.



(III) Any person who violates any of the provisions of subparagraph (I) of this paragraph (b) commits:



(A) A class 5 felony if the amount of marijuana is less than five pounds or the amount of marijuana concentrate is less than one pound;



(B) A class 4 felony if the amount of marijuana is at least five pounds but not more than one hundred pounds or the amount of marijuana concentrate is at least one pound but not more than one hundred pounds;



(C) A class 3 felony if the amount of marijuana or marijuana concentrate is more than one hundred pounds; or



(D) A class 3 felony if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which subparagraph (I) of this paragraph (b) applies or would apply if committed in this state.



(7) (a) Any provision of this article to the contrary notwithstanding, any person eighteen years of age or older who sells, transfers, or dispenses more than two ounces but less than five pounds of marijuana for consideration to any person under eighteen years of age but at least fifteen years of age or less than one pound of marijuana concentrate, with or without consideration, to another person under eighteen years of age commits a class 4 felony and, in addition to the punishment prescribed in section 18-1.3-401, shall be punished by a fine of not more than five thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).



(b) The sale, transfer, or dispensing of five or more pounds of marijuana or one pound or more of marijuana concentrate to a person under eighteen years of age but at least fifteen years of age is a class 3 felony.



(c) Any person eighteen years of age or older who sells, transfers, or dispenses any amount of marijuana or marijuana concentrate, with or without consideration, to any person under fifteen years of age commits a class 3 felony, and the court shall be required to sentence the defendant to the department of corrections for a term that is at least the minimum in the presumptive range but no more than the maximum term authorized for the punishment of a class 3 felony. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).



(d) Any person commits a class 3 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which paragraph (a) of this subsection (7) applies or would apply if convicted in this state, and, in addition to the punishment provided in section 18-1.3-401, the court shall sentence the defendant to the department of corrections for at least the minimum term in the presumptive range. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1) (a) (III).



(7.5) Except for a person who lawfully cultivates medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution, a person shall not knowingly cultivate, grow, or produce a marijuana plant or knowingly allow a marijuana plant to be cultivated, grown, or produced on land that the person owns, occupies, or controls. A person who violates the provisions of this subsection (7.5) commits:



(a) A class 1 misdemeanor, if the offense involves six or fewer plants; or



(b) A class 5 felony if the offense involves more than six but fewer than thirty plants; or



(c) A class 4 felony if the offense involves thirty or more plants.



(8) [Deleted by 2010 amendment.]



(9) (Deleted by amendment, L. 2003, p. 1428, § 12, effective April 29, 2003.)



(10) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers any drug classified under group C guidelines of the national cancer institute, as amended, approved by the federal food and drug administration.



(11) The provisions of this section shall not apply to any person who possesses, uses, prescribes, dispenses, or administers dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal food and drug administration approved drug product, pursuant to part 3 of article 22 of title 12, C.R.S.



(12) Repealed.



 



18-18-406.3 Medical use of marijuana by persons diagnosed with debilitating medical conditions - unlawful acts - penalty - medical marijuana program cash fund.



Colorado Statutes



Title 18. CRIMINAL CODE



Article 18. Uniform Controlled Substances Act of 1992



Part 4. OFFENSES AND PENALTIES



Current through Chapter 80, Regular Session 2011



 § 18-18-406.3.  Medical Use of Marijuana by Persons Diagnosed with Debilitating Medical Conditions - Unlawful Acts - Penalty - Medical Marijuana Program Cash Fund



(1) The general assembly hereby finds and declares that:



(a) Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election;



(b) Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana by a patient to alleviate an appropriately diagnosed debilitating medical condition;



(c) Section 14 of article XVIII of the state constitution requires a state health agency designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana;



(d) The governor, in accordance with paragraph (h) of subsection (1) of section 14 of article XVIII of the state constitution, has designated the department of public health and environment, referred to in this section as the department, to be the state health agency responsible for the administration of the medical marijuana program;



(e) Section 14 of article XVIII of the state constitution requires the department to process the applications of patients who wish to qualify for and be placed on the confidential registry for the medical use of marijuana, and to issue registry identification cards to patients who qualify for placement on the registry;



(f) Section 14 of article XVIII of the state constitution sets forth the lawful limits on the medical use of marijuana;



(g) Section 14 of article XVIII of the state constitution requires the general assembly to determine and enact criminal penalties for specific acts described in the constitutional provision;



(h) In interpreting the provisions of section 14 of article XVIII of the state constitution, the general assembly has applied the definitions contained in subsection (1) of the constitutional provision and has attempted to give the remaining words of the constitutional provision their plain meaning;



(i) This section reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 14 of article XVIII of the state constitution.



(2) (a) Any person who fraudulently represents a medical condition to a physician, the department, or a state or local law enforcement official for the purpose of falsely obtaining a marijuana registry identification card from the department, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, commits a class 1 misdemeanor.



(b) If an officer or employee of the department receives information that causes such officer or employee reasonably to believe that fraudulent representation, as described in paragraph (a) of this subsection (2), has occurred, such officer or employee shall report the information to either the district attorney of the county in which the applicant for the marijuana registry identification card resides, or to the attorney general.



(3) The fraudulent use or theft of any person's marijuana registry identification card, including, but not limited to, any card that is required to be returned to the department pursuant to section 14 of article XVIII of the state constitution, is a class 1 misdemeanor.



(4) The fraudulent production or counterfeiting of, or tampering with, one or more marijuana registry identification cards is a class 1 misdemeanor.



(5) Any person including, but not limited to, any officer, employee, or agent of the department, or any officer, employee, or agent of any state or local law enforcement agency, who releases or makes public any confidential record or any confidential information contained in any such record that is provided to or by the marijuana registry of the department without the written authorization of the marijuana registry patient commits a class 1 misdemeanor.

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