Amendment 64 passed easily in Colorado and in the Weld County cities of Greeley, Eaton, and Keenseburg. This was a surprise to many lawmakers. Because of the huge amount of support for this Amendment expressed by Weld County Residents and most of Colorado, the Boulder County District Attorney in Northern Colorado has decided to dismiss any pending cases of marijuana possession in his county. The amendment to legalize marijuana for adults 21 and up and regulate it like alcohol, technically does not take effect until thirty days after it has been passed. State workers say that it may take until January, however, to begin the process of decriminalizing the drug. Even then, marijuana is still not recognized as a legal drug by the Federal government. If an individual is found to be in possession of marijuana or in possession of marijuana paraphernalia, they may be federally prosecuted regardless of the local state laws.
Amendment 64 also legalizes the possession of up to six marijuana plants. This is important to know because Marijuana Cultivation charges are much more serious than possession charges. Pre-64, owning or cultivating marijuana plants was a felony. With this new admission, Weld County law enforcement will not be able to charge people under state law with class 4 or class 3 felonies if they are founding growing marijuana. Knowing when this amendment will take effect is imperative, because it may mean the difference between being a convicted felon and a law-abiding citizen. Remember that Federal law still prevents the possession, manufacture, and distribution of marijuana. So, it is very risky to be involved in anything but possession of mall amounts.
Even though Amendment 64 has passed, be aware that marijuana is not yet legal. The county in which the District Attorney has decided to dismiss all marijuana cases is a separate entity and does not speak for the Weld County District Attorney who prosecutes in the areas of Hudson, Erie, or Berthoud. If Weld County sheriff’s deputies 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.