In Colorado, some drug convictions may be sealed from public view under certain circumstances. This includes petty offenses, misdemeanors and even felony convictions. A drug felon that spends time in prison can have his drug conviction sealed, if the charge qualifies and court agrees.
There are 2 different statutes that apply. CRS §24-72-208.5 allows applies to certain drug convictions entered between July 1, 2008 and July 1, 2011. CRS § 24-72-308.6 applies to drug convictions entered on or after July 1, 2011. Drug convictions entered prior to July 1, 2008 can only be sealed if the District Attorney in the jurisdiction of the conviction does not object.
For convictions prior to July 1, 2011, a person cannot file the petition to seal until 10 years after final disposition of all criminal proceedings on the case or final release from supervision (such as probation or parole), whichever is later. This statute does not allow sealing of any conviction relating to distribution, manufacturing or sales of drugs.
What the individual user or grower should know about the City of Boulder’s Municipal Marijuana Code – hint, you are probably breaking the law!
Most people in the City of Boulder believe they can grow as many marijuana plants as authorized by their medical marijuana doctor. They believe they can grow 6 plants per person in the residence. They believe they can have as much marijuana as their plants produce. Guess what, the Boulder Municipal Code makes these things criminal with penalties of up to $5000 fine and one year of jail.
The Boulder Municipal Code differentiates between Marijuana for recreational purposes and for medical purposes. The differences are not significant as the medical code was used as the basis for the recreational code. Some of the code may violate the Colorado Constitutional Amendments that authorize medical and recreational marijuana. The Colorado Constitution should override any state or municipal code that does not agree, but there are savings clauses in the Constitution allowing state and local codes to set stricter standards.
On November 6, 2012, Colorado made history when voters passed Amendment 64 allowing for the legal recreational use of cannabis by anyone over 21, and establishing a retail system for the production and sale of marijuana.
The Colorado leadership was stunned when the measure passed, as they were pushed kicking and screaming into a future where cannabis use is no longer limited to dirty hippies and jazz musicians, and people aren’t thrown in jail for smoking a joint or growing a plant.
On election night Colorado Gov. John Hickenlooper, a vocal opponent, reacted to the passage of A64 in a statement: “The voters have spoken and we have to respect their will. This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug so don’t break out the Cheetos or gold fish too quickly.” In defiance, Cheetos and Goldfish were delivered to his office the following day.