Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access.
Don’t forget that counties and municipalities can pass stricter laws. For example, Denver limits a home grow to 12 plants, even if there are three or more adults over age 21 in the residence. Be sure to check your local laws for specific details.
Coloradans can grow marijuana in their homes for personal use.
Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
The laws are different for medical marijuana consumers.
At homes without residents under 21, extra precautions must be taken to make sure any visiting youth don’t have access to marijuana plants.
The maximum 12-plant per household rule applies to card-holding medical marijuana patients and caregivers, but there are exceptions. Patients can possess up to 24 plants at home if they:
Note that people under 21 convicted of possessing pot or of marijuana use face a petty offense charge for being a minor in possession (CRS 18-6-701). Penalties increase with each successive conviction:
Possessing more than 12 marijuana plants in a residence is a Colorado crime.
6. How soon can the criminal record be sealed?
Another potential defense is that the plants did not belong to the defendant, and the defendant exercised no physical control over them. Unless the defendant owned or possessed the plants, then the charges should be dismissed.
Each cultivation facility is assigned a different tier depending on the number of plants it has:
3. What are the penalties for illegal cultivation?
Colorado marijuana law permits adults 21 and older to home grow up to six cannabis plants in a residence as long as:
Colorado law permits adults 21 and older to grow up to 6 marijuana plants, with no more than 3 being mature plants. Homes with two or more adults can have no more than 12 marijuana plants. A first-time offense of possessing more than 12 plants is a level 1 drug petty offense, punishable by up to $1,000.