But what happens when people broker marijuana “deals?” Listen to the lawyer….
Possession with Intent to Distribute
Possession of 8 ounces of marijuana or more is a lesser-included offense of possession with the intent to distribute. Each element of the possession offense is included except the quantity, which is a sentence enhancer, not an essential element of the offense.
See
- People v. Garcia, 251 P.3d 1152 (Colo. App. 2010). Web Search
Sale or Distribution
Transfer of one ounce or less for no remuneration by persons 21 years of age or older is no penalty.
See
- Colo. Const. Art. XVIII, Section 16 Web Search
Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.
The sale of 4 ounces or less of marijuana is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000.
The sale of more than 4 ounces, but not more than 12 ounces of marijuana is a level 4 drug felony and punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.
The sale of more than 12 ounces but not more than 5 pounds of marijuana is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.
The sale of more than 5 pounds but not more than 50 pounds of marijuana is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.
The sale of more than 50 pounds of marijuana is a level 1 drug felony and punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.
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