Amendment 64 and Marijuana Possession (CRS 18-18-406) Arrests

A Colorado newspaper is reporting that over 10,000 Coloradans are arrested each year because of illegal possession of marijuana. Amendment 64 on the Weld County ballot this upcoming election year would legalize marijuana across Greeley, Frederick and Keenesburg, and cut down on many marijuana arrests. Federally, it would still be illegal, but if people are found with an ounce of marijuana in Weld County cities by state authorities they would not be prosecuted.

Currently, marijuana is a non-scheduled drug. Much more dangerous drugs like Heroin, Ecstasy, and Hash are also classified as Schedule I drugs. If a drug is considered a Schedule I drug, the federal government has declared that the possibility of it being abused is great and that there is no medical need for it. Marijuana is unscheduled because it has some accepted use for pain management. Colorado and many other states have already made medical marijuana legal and allow treatments for people with chronic pain and glaucoma. An individual must have a doctor’s permission for access to medical marijuana, but dispensaries are available for people in need across Erie, Milliken, and Hudson.

Even though Colorado does not criminalize marijuana as harshly as other states across the country, an arrest for possession of marijuana will be on the user’s record. Potential employers and college admission advisors see a drug arrest record without hearing any explanation for the circumstances behind it. A conviction of up to two ounces of marijuana carries with it a possible fifteen days in jail. That seems like a very high price to pay for getting high.

Until the votes are counted on November 6, possession of marijuana is still illegal in Weld County. If police arrest you for possession of marijuana, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law office at 970-616-6009. Together, we can protect your future.