In Colorado, it is lawful, under State law, to possess marijuana plants for medicinal purposes after a doctor has issued a diagnosis of a debilitating medical condition. Upon the issuance of the medical marijuana card, the individual is then allowed to grow six plants as medically necessary.
It is important to note that the 6 plant limit can be modified by a doctor. For example, if your doctor believes that 25 plants are necessary, then the doctor can modify your upper limit to 25.
It is also important to note that the individual cannot possess more than 6 plants until the doctor has modified the upper limit. This is important because a person who is found by police to possess more than 6 plants can be criminally charged if they have more than 65 plants. Additionally, a later diagnosis by a doctor cannot be used as a defense that the amount of plants above 6 plants was necessary (this issue was decided by the Colorado Court of Appeals in the case, People v. Fioco 2014 COA 22 on March 13, 2014).
As such, if you need more than 6 plants, it is essential that you contact your doctor before you possess more than 6 plants to stay within the confines of State law. If you begin growing more than 6 plants, you run the risk of going afoul of State law and landing yourself in jail.
But if your doctor gives you pre-approval, then you will be allowed to grow the greater amount.
The bottom line is that you should be proactive and talk to your doctor before growing so that you can be confident that the amount you are growing is within the limits of the law. This is the best way to stay out of trouble and out of jail.
If you have questions about this issue, please feel free to contact a Denver Felony Attorney who can walk you through these issues.
Also keep in mind that if you are in possession of more than 6 plants without permission to possess more than 6 plants, you will need to talk to a criminal defense attorney about the possibility of suppressing the police search and seizure of your plants. If the evidence that the police found was without probable cause and without a warrant, you may have a good shot at having your case thrown out of court. Ultimately, you will need to discuss the strengths of your case under Colorado law with an attorney.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.