Colorado Springs Criminal Law Blog

Although Colorado has the country’s most lenient medical marijuana laws, one particular point in fact helps medical marijuana regulators and law enforcement officials find and shut down illegal commercial marijuana cultivations and prosecute those operating them. According to the Associated Press, Colorado is the only state that allows medical marijuana companies to profit from selling the drug, thus the companies are governed by strict business licensing requirements, making it easier for law enforcement to locate, raid, and prosecute illegal commercial growers of marijuana.

Before the implementation of marijuana business licensing requirements in 2010, dispensaries, infused product manufacturers, and cultivators operated without oversight. Although medical marijuana users were required to register with the state, businesses that cultivated and distributed the drug were not. This made it very difficult for law enforcement to identify who was cultivating the drug legally and who wasn’t.

The new business licensing regulation for medical marijuana companies provides state regulators and police with a strong distinction between legal and illegal commercial marijuana operations. The Colorado Department of Revenue’s Medical Marijuana Enforcement Division has a database of all medical marijuana businesses that have met the initial requirements to operate legally in Colorado. Most have not completed the licensing process due to extensive background checks and investigations of financial records. The database is accessible to law enforcement and is used to clearly determine legal medical marijuana businesses from illegal ones.

Although Colorado is improving their own medical marijuana regulations, the state still falls under the scrutiny of the federal government. It remains to be seen whether or not Colorado’s medical marijuana industry, even its regulators, will be prosecuted under federal law.

In such dynamic times as these, being charged with marijuana or other drug crime can be very confusing and complicated. Timothy Bussey, a knowledgeable Colorado drug crimes attorney, has a thorough understanding of Colorado’s marijuana and other drug laws and, by helping you build a strong defense, ensures that you will be treated justly. Contact Mr. Bussey today at 719-475-2555 to discuss your legal options.

Last month, the Colorado Senate Judiciary Committee amended, and delayed, the proposed “Pot DUI Bill” (HB11-1261) for the purpose of extended study. According to The Huffington Post, the Senate deliberated on the bill again earlier this week, but was shot down on a voice vote.

The original bill proposed intended to set the blood content standard for driving under the influence of marijuana. It would have allowed for the prosecution of all drivers with five nanograms or more of THC, or Tetrahydrocannabinol, in their bloodstream. The five nanograms limit is equal to the most liberal in the country. In the nation, 12 states have a zero-tolerance policy for driving under the influence of marijuana as well as any other illegal substance; Pennsylvania, Nevada, and Ohio have DUI laws that limit THC blood levels to between two and five nanograms, respectively. After objections from medical marijuana advocates concerning the actual level of impairment with five nanograms of THC in the bloodstream, the Colorado Senate postponed their decision pending further study and review. Even after its latest deliberation, the Senate could not come to an agreement.

The topic of marijuana has been becoming increasingly more prominent in recent years. States propose and implement new laws and regulations, or change laws and regulations to reflect current scientific, economic, and/or social evidence. For example, as of 2011, the possession of less than one ounce of marijuana is considered an “infraction,” as opposed to a “misdemeanor,” and requires a maximum fine of $100. If you have been accused or arrested for marijuana possession in Colorado, it is important to understand the current laws and potential penalties so that you are not taken advantage of.

Experienced Colorado Springs drug crime defense attorney Timothy Bussey of The Bussey Law Firm, P.C., has a critical understanding of all current and new Colorado drug laws. He can make sure you understand your legal rights and will work towards a fair outcome for your particular situation. Contact Mr. Bussey today for a free initial consultation at 719-475-2555.

In 2010, the Colorado Legislature passed a bill that established regulations for its medical marijuana industry. However, according to The Gazette, many medical marijuana dispensaries were unclear on whether or not they were in compliance with the new regulations. This prompted the introduction of the current bill, the purpose of which is to elucidate the specifics of the recent laws. The planned amendments to the original bill include:

• Removing a provision that would have extended a 1-year moratorium, or authorized suspension, on state-issued licenses to July 1, 2012 in fairness to new entrepreneurs intending to open dispensaries;
• Allowing certain ex-convicts, with felony drug offenses that have since been downgraded to a lesser offense, to work at dispensaries in an effort to promote jobs;
• New limits on marijuana growing operations, as well as new regulations on how it is cultivated and sold; and
• Allowing the testing of plants to determine dosages.

Colorado’s efforts to regulate their medical marijuana industry have been overshadowed, however, by a recent warning from the federal government. A letter sent from a U.S. Attorney to the Colorado Attorney General affirmed that Colorado’s medical marijuana laws violate federal law. It stated that the federal government has the authority to arrest anyone found to be growing or distributing marijuana, even though the growing and distribution of medical marijuana is legal under state law. Discussions concerning the proposed bill will continue with this warning in mind.

Being arrested for a drug offense in Colorado can become very complicated, especially when there is confusion concerning state law versus federal law. Retaining the services of a skilled Colorado criminal defense attorney would ensure that you are well informed of your legal rights. At The Bussey Law Firm, P.C., our knowledgeable Colorado Springs drug crime defense lawyers, have successfully helped those charged with drug crimes, as well as other felony crimes. If you are facing a drug crime charge in Colorado, contact us today for a free initial consultation at 719-475-2555.

The Colorado House of Representatives recently passed a bill that would place limits on how much marijuana drivers could have in their systems and still be allowed to legally drive, according to The Denver Post.

House Bill 1261 allows police to test motorists suspected of driving under the influence of marijuana for THC, which is a component of marijuana. The bill set the limit for driving at five nanograms of THC per milliliter of blood. However, many disagree over whether that limit is too high or too low. THC levels fluctuate in the body unpredictably, and it is difficult to determine how much marijuana a user could consume and stay below the limit. Researchers say that some marijuana users who have developed a high tolerance may be sober at levels above five nanograms, while some may be unsafe to drive at much lower levels.

In 2010, the state health department analyzed over 1,500 blood samples from drivers suspected of driving while under the influence of drugs. Only 29 percent came back with a high enough level of THC to be above the limit set in the House bill.

Currently, the police take blood samples from those drivers that they believe are driving under the influence of marijuana. If a motorist tests below a certain limit, they can still be charged with driving while drugged, but it’s harder for district attorneys to show they are impaired. Opponents of the bill point out that under the bill, if a driver is under the influence of marijuana, it will most likely be harder to prosecute them for drugged driving if the driver is under the limit, even if the driver is driving erratically.

Are you currently facing marijuana charges in Colorado? If so, contact experienced Colorado marijuana defense attorney Timothy Bussey. Mr. Bussey has extensive experience in defending clients against marijuana charges, as well as those charged with other drug crimes and DUI. Call Mr. Bussey today at 719-475-2555 to learn more.

The Denver Post reports that the Colorado Board of Health is considering tighter restrictions regarding whether a physician who has a condition on their medical license should be permitted to recommend medical marijuana to patients. Also under consideration is how well a physician should know a patient before recommending the drug.

According to the article, the regulations proposed would require a “genuine” relationship between patients and physicians before medical marijuana is recommended. The goal is to discourage “marijuana mills,” places where doctors recommend marijuana to a patient after a brief visit. Last year, the applications of over 1,300 people applying for a medical marijuana card were rejected by health officials since their recommendations were from doctors who had license conditions. An example of a condition would be a surgeon who is banned from performing surgery after developing arthritis. The proposed rules would require a physician to have an “unrestricted, unconditioned” license before they are able to recommend marijuana.

Along with the Colorado Medical Society, physicians argue that banning all doctors who have license conditions is too extensive, and note doctors whose conditions don’t have an effect on their ability to recommend marijuana. Conflictingly, another bill is in the Colorado House that would permit doctors with license conditions to request permission from the Colorado Medical Board to recommend marijuana to patients. Moreover, assuming their condition is not related to recommending the drug, they would be able to write recommendations for patients.

The regulations proposed regarding patient-physician relationships would make it mandatory for a doctor to fulfill a full evaluation of a patient’s medical history as well as an assessment of their own physical condition before making a recommendation. Previously, Colorado regulators rejected proposals requiring physicians to see a patient more than one time before recommending medical marijuana.

If passed, the proposed regulations before the Colorado Board of Health would be among the strictest regulations governing physicians and marijuana in the United States. Five other states and Washington, D.C., require a “genuine” patient-physician relationship before a medical marijuana recommendation.

Many Coloradoans are confused about medical marijuana laws, and what’s legal, and what isn’t. The fact is the laws are changing constantly, and if one doesn’t pay attention, they may find themselves facing marijuana drug charges. If you have been charged with a marijuana-related offense in Colorado, contact Timothy Bussey. Mr. Bussey is a Colorado marijuana defense lawyer at The Bussey Law Firm, P.C., and can compile a strong defense on your behalf. Call 719-475-2555 to learn more.

The Colorado Independent reports that a bill is currently in consideration in the Colorado Legislature that would set a legal limit on how much THC a motorist in the state can legally have in their blood. THC is the active ingredient in marijuana.

House Bill 1261 was introduced by representatives Mark Waller (R-Colorado Springs) and Claire Levy (D-Denver) who have stated they are pushing the bill to support current laws in the state that make it illegal for a person to drive under the influence of drugs to the extent it impairs their ability to drive. Levy clarifies, “This is just quantifying the amount of THC you can have in your blood system.”

The bill would set the bar for an individual to be charged with a DUI per se at five nanograms or more. It would also make it a misdemeanor for someone to drive while under the influence and could potentially result in the loss of their drivers’ license. According to Waller, the bill brings marijuana intoxication on par with the laws that govern alcohol.

The amount of five nanograms was determined after studies that were conducted by the Criminal Defense Bar as well as district attorneys were analyzed and found that the amount appeared to be reasonable. It should be noted that it is not just the THC in a person’s system, but five nanograms of active THC in their system, for the law to apply.

In Colorado, marijuana laws are not only complex, but are constantly changing. If you are facing marijuana drug charges, you may not be sure of your legal rights and options. Contact Timothy Bussey, experienced Colorado marijuana defense attorney at The Bussey Law Firm, P.C. Mr. Bussey can help you understand the severity of the charges made against you and advise you on the best course of action. Call 719-475-2555 to schedule a free consultation today.

On March 1, the federal Drug Enforcement Administration (DEA) announced that five varieties of synthetic marijuana have been added to their list of illegal drugs, reports The Denver Post.

The chemicals in synthetic marijuana, often referred to as Spice, are created in labs to create effects that are comparable to marijuana plants but are molecularly different enough that they escape being detected in urine tests. Then, the formula is sprayed on organic materials that are able to be smoked and sold in shops as “incense.”

The emergency order by the DEA makes possessing or selling products that contain any of the five popular chemical formulas for synthetic marijuana illegal for the next year. According to DEA Administrator Michelle M. Leonhart, the move was prompted due to the belief that young people are being harmed when they smoke Spice products and that they equate the legal availability of the synthetic marijuana as being safe, which the DEA believes is a wrong assumption.

The chemical compounds were listed under Schedule 1, which is the most restrictive classification. Along with the U.S. Health and Human Services Department, the agency is investigating whether Spice should be permanently banned in the United States.

Long before these restrictions were finalized, shops in Colorado began selling Spice varieties that claim different chemical recipes are used instead of those that have been banned by the DEA. However, lawmakers in Colorado are working to close the loophole with Senate Bill 134. If passed, in most cases, the bill would outlaw any chemical that interacts with a person’s brain the same way traditional marijuana does. The first hearing regarding the legislation is scheduled for March 9.

The laws surrounding marijuana in Colorado are incredibly complex and changing constantly, leaving many confused about what’s legal and what isn’t. If you have been charged with a marijuana-related offense, contact the Colorado marijuana defense attorneys at The Bussey Law Firm, P.C. Our highly skilled and experienced lawyers can explain the charges that have been made against you and help you decide what the best course of action is for your specific situation. To learn more, call 719-475-2555 today.

According to The Colorado Independent, a bill was recently proposed that could have outlawed medical marijuana in Colorado. However, it was pulled before it came before a committee on Thursday, February 10.

House Bill 1250 was proposed by Representative Cindy Acree (R-Aurora), who stated the bill was not a “pot brownie killer.” Lobbyists working on the bill say medical marijuana is safe in Colorado and that they will work with Acree to revise the bill to ensure it better suits her intentions. Acree has said the aim of the bill was never to do away with consumable medical marijuana products, but rather to guarantee medical marijuana would be treated as a medicine to prevent children from believing it was candy. For example, Acree wants to prevent sodas that are infused with marijuana, such as those made by Canna Catering in California, from entering Colorado.

According to a lobbyist contracted with the Medical Marijuana Industry Group (MMIG), Acree has agreed to three changes to the bill: the medical marijuana edibles will need to be manufactured in the state to keep interstate commerce problems from arising; the edibles will need to be marketed as medicine; and the edibles will need to be clearly marked with a medical marijuana patient’s ID number in case a child gets a hold of it. The lobbyist reports that fines as well as the loss of a patient’s medical marijuana card were discussed as potential penalties for non-cooperation.

The bill is expected to return to the committee sometime in March.

With laws that are constantly changing, it can be difficult for a resident of Colorado to know what their legal rights are in regards to medical marijuana. If you have been charged with a marijuana offense in Colorado, contact Timothy Bussey, experienced and skilled Colorado marijuana defense lawyer at The Bussey Law Firm, P.C. Mr. Bussey can help you understand your rights and recommend the best course of action regarding your specific situation. To schedule a free consultation, call 719-475-2555.

A Colorado pot grower who said he was growing medical marijuana in his home in Denver was recently sentenced to five years in federal prison on drug charges, reports The Denver Post.

In a plea bargain with federal prosecutors, the man plead guilty to three drug charges after his home was raided in February of 2010 and over 100 marijuana plants were found in his basement. In Colorado, the mandatory minimum sentence for having more than 100 marijuana plants is five years.

During the sentencing hearing, the judge for the case said the man failed to follow state law because of the number of plants he was growing. The man was also found to have violated the law because he grew marijuana and had never met any of the patients using it.

According to the article, the raid was prompted after the man was interviewed by KUSA-TV. Federal agents said they targeted the man because they believed he was growing more marijuana than allowed by Colorado law, and also because the man lived close to a school and had previous convictions for drug offenses.

The man was arrested just a few months after the Justice Department announced a new policy that stated authorities should not target those in compliance with their state laws regarding medical marijuana. However, authorities are required under the new policy to still be on alert for those who pose as medical marijuana operators but are marketing marijuana illegally. According to the memo from the Justice Department, some indications that people are not in compliance is if the amount of marijuana and the financial gain are not consistent with what is permitted under state law.

The limits in Colorado surrounding medical marijuana cultivation are flexible, and permit growers to make the case that it is medically necessary to grow more marijuana. However, the article states that the man was barred from using state law in his defense. The man’s attorney believes that the court’s decision was not fair because the man was targeted for allegedly violating state law.

If you are facing marijuana drug charges in Colorado, contact Timothy Bussey, skilled Colorado Springs marijuana defense attorney at The Bussey Law Firm, P.C. He has many years of experience successfully defending those who have been charged with drug crimes in Colorado, including marijuana offenses, and will work hard to receive the best possible outcome for your case. Call Mr. Bussey today at 719-475-2555 to schedule your free consultation.

According to The Denver Post, the Colorado Legislature is set to consider revisions to the state’s medical marijuana laws. This comes just one year after writing the most comprehensive rules for the sale of medical marijuana in any of the 15 states in the U.S. that permit medical marijuana. House Bill 1043 is scheduled for its first committee hearing on February 3.

If passed, the bill would freeze state licenses for marijuana shops until 2012, and also make clear what physicians can recommend medical marijuana to patients. The bill would also set new rules for employees at pot shops. Marijuana shop workers are required to have resided in Colorado for two years because lawmakers do not want to allow out-of-state marijuana entrepreneurs. However, the new bill would revise this to limit the residency requirement to owners but not employees. The bill also modifies the lifetime ban on pot shop owners who have a felony drug conviction. If the bill is passed, persons with drug felonies would be exempt from getting a license from the state for just five years. Additionally, the bill would permit patients to shop at a marijuana shop immediately after filing a medical marijuana application.

Other changes the bill would bring include requiring caregivers, who are providers of medical marijuana on a small scale to patients, to register with the state. Commercial marijuana growing facilities would be required to make their location known to the public. Also, for the first time, a marijuana-infused-products maker would be limited regarding how many plans they could grow.

If you have been charged with a marijuana-related drug offense in Colorado, you may be confused and unsure of what you should do next. State laws regarding marijuana are incredibly complex and are constantly changing. The Colorado marijuana defense lawyers at The Bussey Law Firm, P.C. can help you understand the charges made against you as well as the best course of action. We have extensive experience litigating drug crime cases in Colorado and will work hard to defend your legal rights in a court of law. To schedule a free consultation, call 719-475-2555.

The owner of a Colorado chain of hydroponic supply stores may be reaching the end of his involvement in an extended investigation by federal prosecutors, who claim that the store owner has been helping others set up illegal marijuana growing operations across the state.

According to The Denver Post, federal prosecutors have accused the store owner of receiving nearly $1.3 million in 2005 and 2006 for helping marijuana growers set up hydroponic systems for their plants. Prosecutors claim that the store owner put the money into his business accounts. Now, federal prosecutors and the store owner’s attorneys state that they may soon have settled the case, though they have not disclosed any specifics.

The investigation began when federal agents attempted to seize five houses in various Colorado cities that agents alleged were used to grow illegal marijuana. They also filed suits to seize over $48,000 in cash found at one of the houses. In 2009, federal agents raided nine additional houses, seizing 981 young marijuana plants. At least one homeowner has claimed that he was growing the plants legally under Colorado’s medical-marijuana laws.

The overlapping and contradictory requirements of local ordinances, state laws, and federal laws regarding marijuana growing and use can make a marijuana-related drug charge into a complex and confusing maze. The aggressive and experienced representation of a Colorado marijuana crime defense attorney may be your best chance of meeting the charges head on. The Bussey Law Firm, P.C. has experience with drug crimes cases in Colorado and will fight to win the best possible outcome in your case. For a free and confidential consultation, call 719-475-2555 today.