Charge | Classification | Penalty |
---|---|---|
Unlawful advertising of marijuana | Level 2 drug misdemeanor |
|
(Colo. Rev. Stat. CRS 18-18-406.4.) |
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.
If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
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Charge | Classification | Penalty |
---|---|---|
Unlawful advertising of marijuana | Level 2 drug misdemeanor |
|
(Colo. Rev. Stat. CRS 18-18-406.4.) |
Under subsection (2) of CRS 18-18-406.4, a possible defense could be established after the following are satisfied:
(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.
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.
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.
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.
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.