FEDERAL PROSECUTION IN MARIJUANA CASES IN COLORADO

Despite the passage of Amendment 64, the federal law still outlaws the possession or cultivation of marijuana.  While there is an informal policy not to enforce the federal law in Colorado and other states with comparable laws, there have been federal prosecutions against growers with over 100 plants.  With the Presidential election soon approaching, it is unknown what the future holds and the possibility of federal prosecution may increase despite the state law.

What does Colorado law allow??

Colorado Law, pursuant to Amendment 64 allows for the limited possession, home growing and private use of marijuana legal for persons 21 years of age and older.

Establishes a system in the State of Colorado to regulate, tax and distribute marijuana, similar to alcohol.

Requires the Legislature of the State of Colorado to provide for the cultivation, processing, and sale of industrial hemp.

The medical marijuana law is a different law entirely and so far, the case law does not support a medical necessity defense to the federal law.

By Polansky Law Firm | Published November 2, 2015 | Posted in Uncategorized | Comments Off on FEDERAL PROSECUTION IN MARIJUANA CASES IN COLORADO