18-18-406.4

Unlawful Advertising of Marijuana – Exception

According to CRS 18-18-406.4, knowingly promoting the illegal sale of marijuana in a newspaper, magazine, handbill, or other publication or on the internet while not authorized to do so is a Level 2 drug misdemeanor.

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Penalties for Unlawful Advertising of Marijuana

Charge	Classification	Penalty
Unlawful advertising of marijuana	Level 2 drug misdemeanor	Up to 12 months in jail $50–$750 in fines Or both
(Colo. Rev. Stat. CRS 18-18-406.4.)

Possible Defenses for Unlawful Advertising of Marijuana

Under subsection (2) of CRS 18-18-406.4, a possible defense could be established after the following are satisfied:

You are a primary caregiver as defined under section 14 (1)(f) of article XVIII of the Colorado Constitution.
- A “primary care-giver” is defined under this section as a “person, other than the patient and the patient’s physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.”

You advertise that you are available to be the primary caregiver to a patient under section 14 (1)(d) of article XVIII of the Colorado Constitution.
- Under this section, a “patient” is a “person who has a debilitating medical condition.”

Colorado Revised Statutes, 18-18-406.4

(1) A person who is not licensed to sell medical marijuana or retail marijuana pursuant to article 10 of title 44, or pursuant to the laws regarding medical or retail marijuana under the laws of another state, who knowingly advertises in a newspaper, magazine, handbill, or other publication or on the internet the unlawful sale of marijuana, marijuana concentrate, or a marijuana product by a person not licensed to sell marijuana, marijuana concentrate, or a marijuana product commits a level 2 drug misdemeanor.

(2) The provisions of subsection (1) of this section do not apply to a primary caregiver, as defined in section 14 (1)(f) of article XVIII of the state constitution, who advertises that the primary caregiver is available to be a primary caregiver to a patient, as defined in section 14 (1)(d) of article XVIII of the state constitution.

Have You Been Charged or Arrested for Unlawful Advertising of Marijuana in Colorado Springs or El Paso County?

This charge carries a potential sentence of jail times, fines, or both. There are several possible defenses to this charge, but in order to defend yourself, you need to understand how the law applies.

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Frequently Asked Questions

Can I advertise the legal sale of marijuana outside in Colorado?

There are rules to abide by when advertising marijuana. Colorado allows outdoor advertising. However it cannot be placed close to public playgrounds, churches, or schools. This does not apply to Denver, where all outdoor cannabis advertising is still illegal.

Who can retailers advertise their marijuana products to?

Dispensaries that sell medical marijuana are expressly forbidden from advertising to customers under the age of 21. This is a departure from the prior prohibition on marketing to those under the age of 18.

Are you required to have a license to sell marijuana in Colorado?

Colorado requires that a marijuana business be licensed by both the state and the local jurisdiction in which it is located before selling to customers.

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