Weld County Attorney for Marijuana Possession Charges

With the recent passing of Amendment 64 in Weld County areas like Erie, Evans, and Eaton, you can be sure that law enforcement is already beginning to set up rules for detecting when people have too much marijuana in their system to drive. This must be measured and gauged differently than alcohol in the system. The new task force set up by the governor is in charge of setting up those procedures and guidelines in regards to driving after smoking or ingesting marijuana.

The Legalization of Marijuana

Last year, Colorado voters in Greeley, Hudson, and Berthoud passed Amendment 64, an amendment which would legalize marijuana possession of less than an ounce for Weld County Residents over the age of 21. It also provides that an individual over the age of 21 may grow up to six pot plants of their own. This new Colorado legislation, signed into law by the Colorado governor, gives Colorado the most lax laws concerning pot in the country. Many people see this law as groundbreaking and hope that other states will adopt similar restrictions, regarding the legalization of marijuana. Colorado will be seen as a testing ground, and the laws approved by the governor’s task force will undoubtedly be implemented by other states as they consider a different approach for the regulation of marijuana.

Current Marijuana Reforms

As of December 10, 2012, possession of less than an ounce of weed, pot, maryjane, or any strain of marijuana, is legal by a person over 21. A person over 21 is also allowed to grow and possess up to six marijuana plants. Weed may also be given to another adult by an adult, but regulations for the legal selling and buying of marijuana have yet to be established by the Colorado government.

An adult may not smoke weed wherever they wish. Like alcohol, it is not legal to ingest publicly. But, unlike alcohol, it is illegal to smoke it outside at sporting events and concerts where alcohol is sold and consumed. The only legal place to smoke is in a private residence. If a Greeley, Keenesburg, or Milliken citizen wishes to smoke up in a house or apartment that is rented, it could still be illegal. The landlord has the final say as to what is permissible with regards to marijuana. You will still be prosecuted if found with less than an ounce of marijuana in a building where the landlord has prohibited marijuana.

Just Because You Aren’t Drinking Doesn’t Mean You Can’t Be Charged for Driving Under the Influence

Marijuana, though legal, is still a drug that will impair your judgment while driving. Even if you have not been drinking, a police officer can still pull you over and administer a roadside test for suspicion of DUID (Driving Under the Influence of Drugs). The specific regulations of these tests have yet to be determined. The general population is concerned over the fact that many people may be careless, get stoned, and drive. Colorado will again be testing the ground for a new type of Blood Alcohol Content (BAC) test that would instead measure the amount of marijuana in the body. This is one of the responsibilities the Colorado governor has assigned to the marijuana task force. Law makers must first determine a way to correctly measure marijuana levels in the blood system, and then determine the amount that would impair someone’s safe driving skills.

What If You Have a Current Marijuana Offense on Your Record?

Since Amendment 64 was passed in November, until the signing of the amendment into law over a month later, many people faced marijuana possession charges. Depending on the county, many of these charges were dismissed. But there were also many counties who did not apply the amendment to their jurisdiction. If you have a current Possession of Marijuana Offense on your record, be aware of the certain counties that have decided to drop charges in those cases. But just because the law is now in effect does not mean those charges are automatically dismissed.

CHARGED WITH A MARIJUANA RELATED OFFENSE IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer
in Weld County and the Greeley area for a free consultation. 

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