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.
| Charge | Classification | Penalty |
|---|---|---|
| Unlawful use of marijuana in a detention facility. | Level 1 drug misdemeanor |
|
| (Colo. Rev. Stat. CRS 18-18-406.5.) |
The defense your Colorado criminal defense attorney will use will depend on your specific situation.
Here are two options:
(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(2) Repealed.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.
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.
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.
You can be charged under 18-18-406.5 even if you are simply found in possession of marijuana.
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.
