Colorado Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Colorado?

If you are charged with marijuana with intent to distribute in Colorado, then law enforcement caught marijuana in your possession and have reason to believe that you "knowingly" plan to sell it to another person. It is not the same as simple marijuana possession, as law enforcement typically have no reason to believe you intend to sell or distribute the substance found in your possession. In order to prove that you knowingly possess marijuana with the intent to distribute, the prosecutor must prove that you:

• Knew that the substance in your possession is a controlled substance; and
• Are aware that you are in possession of the substance

The prosecutor is not required to prove that you know how much marijuana you possess or that you are aware of the name of the controlled substance or its chemical makeup to prove that you knowingly possess marijuana with the intent to distribute. In Colorado, it is enough that you know that the substance in your possession is a controlled substance. The knowledge can be proven by either direct or circumstantial evidence. A prosecutor may prove your intent to distribute or sell marijuana by:

• The presence of a large stash of cash with the marijuana found in your possession
• E-mails, texts, or social media posts
• Your statements
• Your behavior, such as throwing something out of your car window when a police car approaches you
• The presence of baggies or paper bindles, digital scales, pay or owe sheets, or similar items commonly used in drug sales
• The division of marijuana into several small packages

Can You Enter a Dispensary at 18 in Colorado?

You cannot enter the shopping area in a dispensary in Colorado until you are 21. State dispensaries require visitors to display valid identifications before passing through their waiting rooms, whether they intend to purchase marijuana products or not. Some dispensaries even prohibit persons under 21 from hanging out in their waiting rooms. The only exception to the rule is registered medical marijuana patients under 21.

Can You Enter a Dispensary Without a Card in Colorado?

Only a valid identification card, such as a driver's license or another government-issued ID, must be presented as proof of age to purchase recreational weed from cannabis dispensaries in Colorado. However, persons looking to purchase medical marijuana will be required to show medical marijuana registry cards before purchasing medical marijuana.

What Are the Penalties for Possession With Intent To Distribute First Offense in Colorado?

Pursuant to Title 18 of the Colorado Revised Statutes, the following are the classifications for marijuana possession with intent to distribute offenses in Colorado:

• Intent to distribute up to 4 ounces of marijuana is considered a Level 1 drug misdemeanor (DM1) and is punishable by 6-18 months in jail and up to $5,000 in fines
• Intent to distribute between 4 and 12 ounces of marijuana is considered a Level 4 drug felony (DF4) and is punishable by 6-24 months in jail and up to $100,000 in fines
• Intent to distribute between 12 ounces and 5 pounds of marijuana is considered a Level 3 drug felony (DF3) and is punishable by 2-6 years in jail and up to $500,000 in fines
• Intent to distribute between 5 and 50 pounds of marijuana is considered a Level 2 drug felony (DF2) punishable by 4-16 years in jail and up to $750,000 in fines
• Intent to distribute more than 50 pounds of marijuana is considered a Level 1 drug felony (DF1) punishable by 8-32 years in jail and up to $1,000,000 in fines

In Colorado, if you are an adult and are caught in possession of marijuana with intent to distribute:

• Up to 1 ounce to a minor and you are two years older than the minor; it is considered an offense punishable by 6-24 months imprisonment and up to $100,000 in fines
• Between 1 and 6 ounces to a minor, if you are two years older than the minor, it is an offense punishable by 2-6 years imprisonment and a fine of up to $500,000
• Between 6 ounces and 2.5 pounds to a minor and you are two years older than the minor, it is an offense punishable by 4-16 years imprisonment and up to $750,000 in fines
• More than 2.5 pounds to a minor and you are two years older than the minor; it is deemed an offense punishable by 8-32 years imprisonment and up to $1,000,000 in fines

Federally, the penalty for marijuana possession with intent to distribute up to 50kg of marijuana is punishable by up to 5 years in jail and 250,000 in fines. Per Section 841 of the United States Constitution, the penalty for marijuana possession with intent to distribute between 50 and 99 kg of marijuana is punishable by up to 20 years imprisonment and $1,000,000 in fines. The penalty for marijuana amounts between 100 and 999 kilograms is a maximum 40-year term and $5,000,000 in fines. A maximum life-term sentence and $10,000,000 in fines are applicable if you are caught with more than 1,000 kg with the intent to distribute.

Is It Legal To Sell Weed in Colorado?

No. Although Amendment 64 permits residents to possess up to 1 ounce or 28 grams of marijuana and give up to 1 ounce of usable cannabis to another adult of legal age, it is illegal to sell weed in Colorado without obtaining the requisite cannabis license pursuant to HB 16-1211. The only persons permitted to sell weed are licensed individuals or cannabis establishments. Note that giving away marijuana for other benefits of items of value other than money also counts as "selling" in Colorado.

How To Sell to Dispensaries in Colorado?

You can only sell marijuana to dispensaries in Colorado if you possess a marijuana product manufacturer license. Note that local municipalities in Colorado are permitted to prohibit cannabis facilities from operating in their jurisdictions. Hence, you must ensure that you verify with local authorities if you can set up a cannabis product manufacturer establishment in your area. After checking with local authorities, you must complete an application for a product manufacturer license and pay the appropriate application and license fee to receive the cannabis license.

How To Get a Distribution License in Colorado

The equivalent of the marijuana distribution license in Colorado is the marijuana transporter license. Licensed marijuana transporter establishments are authorized to provide logistics, distribution, and storage services for other cannabis businesses approved by the Marijuana Enforcement Division (MED).

Before completing your license application, you are required to complete either the Marijuana Finding of Suitability Application form - Natural Person or the Marijuana Finding of Suitability Application form - Owner Entity. The natural person form is required for any individual with a minimum of 10% interest in the marijuana business, while the owner entity form is required for any entity holding a minimum of 10% interest in the marijuana business.

In order to obtain a marijuana transporter license in Colorado, you must complete the Regulated Business License Application form and submit it to the Marijuana Enforcement Division (MED) or complete the application online. MED provides an instructions guide for applicants who prefer to use the online portal to complete their license applications.

Before you may submit a license application, your fingerprints must be taken. MED recommends that applicants use approved third-party fingerprinting vendors for fingerprinting. After fingerprinting, applicable fees may be paid by checks or money order with proof of payment attached to the application.

Paper applications may be submitted to MED regional offices:

Northern Regional Office

Marijuana Enforcement Division

275 South Main Street, Suite 101

Longmont, CO 80501

Southern Regional Office

Marijuana Enforcement Division

P.O. Box 15128

Colorado Springs, CO 80935

Western Slope Regional Office

Marijuana Enforcement Division

632 Market Street, Suite G3

Grand Junction, CO 81505

Typically, within 45-90 days, the MED will make its determination on a marijuana transporter license application. Note that the application fee for a marijuana transporter license is $1,000, while the actual licensing fee is $5,368, as advised in the emergency rules adopted by the state Department of Revenue.