Recreational marijuana usage became legal in Colorado in 2014 after a 2012 referendum that approved the classification. This came with a lot of regulation and new laws governing how much, who, and where people can use it. Also, marijuana is still illegal under the federal Controlled Substances Act, complicating the legal situation even more. Here, we’ll focus on the distribution of marijuana in Colorado.
What does Distribution Mean?
Distribution usually refers to the transporting, selling, or overseeing of drug transactions. It is illegal to distribute marijuana outside Colorado (and the other states in which it is legal). For example, if you’re caught distributing 50 kilograms (1,760 ounces) of marijuana, you could face up to 5 years in prison, according to federal law.
For Colorado, the term means: the actual, constructive, or attempted transfer, delivery, sale, or dispensing of marijuana to another, with or without remuneration.
What are the laws in Colorado?
In Colorado, people over the age of 21 are allowed to buy and possess one ounce of marijuana at a time. But, only licensed retailers can sell the product. An adult over 21 can give marijuana to another adult over 21 but cannot charge money for it. It’s important to note that while this level of possession and transfer is legal, larger amounts or unauthorized sales can lead to drug possession penalties in Colorado, such as significant fines or even jail time for more serious offenses.
Also, businesses that sell marijuana are required to keep detailed records of marijuana distribution, according to the law, which includes:
- Date, weight, type of marijuana, and dollar amount or other consideration of transaction;
- For wholesale transactions, the State of Colorado, and city, if any, sales and use tax license number of the seller; and
- The amount of marijuana within the restricted area.
Distribution of marijuana can only occur inside licensed businesses, which have a plethora of requirements to meet the state laws.
Intent to Distribute
Another piece of the law looks at intent. Any person found with 8 ounces of marijuana or more will be assumed to intend to distribute the substance. This provision will enhance the sentence for anyone found guilty of possessing marijuana above that limit.
Law Office of Kevin Cahill can help you if you’ve been charged with a drug crime, including marijuana. Call us today at (720) 445-9887.