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Unlawful Use of Marijuana in a Detention Facility

When you have marijuana on you while being held in a Colorado detention facility, you are breaking the law according to 18-18-406.5 of the Colorado Revised Statutes (CRS). The penalty for unlawful use of marijuana in a detention facility may include jail time and fines.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

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
will be advised and guided towards the best outcome for your case.

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Penalties for Unlawful Use of Marijuana in a Detention Facility

Charge Classification Penalty
Unlawful use of marijuana in a detention facility. Level 1 drug misdemeanor
  • 6–18 months in county jail and/or
  • $500–$5,000 in fines
(Colo. Rev. Stat. CRS  18-18-406.5.)

Possible Defenses for Unlawful Use Of Marijuana In A Detention Facility.


The defense your Colorado criminal defense attorney will use will depend on your specific situation.

Here are two options:

  • It wasn’t your cannabis, or
  • You were unaware that you even had marijuana on you.

Colorado Revised Statutes, 18-18-406.5.


(1) A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor.

(2) Repealed.

(3) For purposes of this section, “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

Have You Been Charged or Arrested for Unlawful Use Of Marijuana in a Detention Facility in Colorado Springs or El Paso County?


It’s important to know that this crime comes with a hefty fine and possible jail time.

There are several possible defenses to this charge, but in order to defend yourself, you need to understand how the law applies.

Frequently Asked Questions


What counts as a detention facility?

Detention facilities are any building or vehicle in which you are legitimately being kept in custody or confinement by the state of Colorado or any of its governmental subdivisions, in addition to jails and prisons.

What if I didn’t use the marijuana?

You can be charged under 18-18-406.5 even if you are simply found in possession of marijuana.

What if I was charged near the end of my detention?

A possible penalty under 18-18-406.5 is jail time of six to 18 months, so you could face an extension of your sentence.

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