Denver Marijuana Defense Lawyer
Handling Your Colorado Marijuana Charges
As the laws have changed over the past few years in Colorado, marijuana-related driving infractions are on the rise. If you, or someone you know, has been cited for a marijuana-related driving infraction (or any drug, for that matter) please contact The Orr Law Firm right away for a free consultation, as our Denver marijuana defense lawyers have extensive experience in defending these types of cases.
We’ll be honest – a conviction for a Colorado drug offense can be extremely harmful to your future. Even if you avoid a prison sentence, there will be an impact on your future employment opportunities and even travel-related issues. That’s why hiring the correct lawyer, swiftly, is of the utmost importance. We’ve dealt with hundreds of these cases at the Orr Law Firm and we will do everything we can to work towards a positive outcome for our clients, not only for dismissed charges but also a clean record.
Denver Marijuana Laws
A few common charges are:
- Marijuana Possession: "Private possession by persons 21 years of age or older of up to one ounce is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of one ounce or less for no remuneration is no penalty. Possession of more than 1 - 2 ounces is a drug petty offense that is punishable by a maximum fine of $100. The offender will be summoned and a court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $750. Possession of more than 2 to 6 ounces of marijuana is a level 2 drug misdemeanor, punishable by up to 1-year imprisonment and a fine not to exceed $700. Possession of more than 6 ounces to 12 ounces is a level 1 drug misdemeanor, which is punishable by up to eighteen months of imprisonment and a fine of $500 - $5000. Possession of more than 12 ounces is a level 4 drug felony which is punishable by 6 months - 2 years of imprisonment, as well as a fine between $1,000-$100,000. One who openly and publicly displays, uses, or consumes 2 ounces of marijuana or less is guilty of a drug petty offense and may be subject to 24 hours of community service as well as a maximum fine of $100." - Colorado Marijuana Laws
- Driving Under the Influence of Drugs: DUID is similar to a DUI, in this instance drugs are the reason you’ve been pulled over, whether they are illegal or prescription is immaterial. You might be facing fines, court fees, driver’s license revocation or suspension, community service, drug classes, jail time and other penalties.
- Driving While Ability Impaired by Drugs: DWAID occurs when you drive a vehicle under the influence of marijuana and it affects your mental or physical abilities to “the slightest degree”. Therefore it is less serious than a DUID infraction. A first time DWAI offender can face a $500 fine and up to 180 days in jail.
- You are considered “under the influence” of drugs if there is 5 nanograms of THC per millimeter of blood in your body. That is the legal inference on THC in Colorado. Of course, it is much easier to test for alcohol than it is for marijuana, and a positive test (using blood) can be found long after you’ve used. This can lead to a lot of false tests and improperly enforced infractions.
- Minor in Possession: Your child might not go to jail on a first offense for minor in possession, but it is critical that you hire a skilled lawyer to remove any charges from his or her permanent record. Possession is classified as a petty offense in Colorado, punishable by a fine and public service. A second offense will cause the court to order drug education and treatment, in addition to higher fines and additional public service. A third offense can land the minor in jail for up to a year.
Coming from out of state to enjoy Colorado’s new marijuana laws? Be careful. Know the rules or else you might end up cited. Driving while high is considered driving under the influence – your vacation and life might be ruined if you get behind the wheel in Colorado while high.
How Will I Get in Trouble for a DUID in Colorado?
Picture this: you’re driving erratically and get pulled over. The officer assumes you’re under the influence of marijuana and if he’s not trained as a DRE (drug recognition evaluator) he will call one in. Either way, you’ll be put through an official evaluation. This evaluation is VOLUNTARY and we recommend you do not take it. It is similar to the field sobriety test used for a DUI. What happens during this test may be used against you in court, and it could make or break a case.
Your blood may also be tested to confirm drug traces in your body. Unfortunately this is really an inaccurate way of determining whether you were impaired while driving, since you could have taken the drugs weeks ago, but they would show up on the test results, especially marijuana.
That’s why hiring the right Denver marijuana defense attorney to help with your marijuana infraction is key. Your lawyer can fight the DRE portion if it was administered incorrectly, if your rights were violated in any way, and if any mistakes were made with the blood testing procedure. Your counsel can exploit any errors on the part of the police or testing labs.
Colorado judges are extremely harsh on all types of offenses (distribution, possession, et al) and first-time offenders are not immune to Colorado Department of Corrections or even Federal prison time.
Get defense for your marijuana charges in Colorado. You need a strong legal team, so call us at (303) 747-4247 or contact us online.