Colorado Drug Manufacturing Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024

In the state of Colorado, the laws governing the manufacturing of controlled substances are comprehensive and cover a wide range of activities. For instance, the mere repackaging of a controlled substance could be considered drug manufacturing under state laws. Such actions could lead to legal consequences, including jail time and fines.

This article examines Colorado laws related to drug manufacturing. It provides a detailed overview of the legal definition of manufacturing and explores the state's unique approach to marijuana cultivation.

Classification of Controlled Substances in Colorado

The Colorado Revised Statutes categorize drug crimes based on the type of drug and the quantity in question. To understand the laws better, it is helpful to learn about the concept of drug schedules. Drug schedules range from Schedule I to Schedule V:

Schedule I drugs are those substances that have the highest potential for drug abuse and presently have no accepted medical use. These substances include heroin, LSD, and fentanyl analogs.
Schedule II drugs are those substances with a high potential for drug abuse but have recognized medical use. These substances include such as morphine and codeine.
Schedule III drugs are those substances with low potential for drug abuse and presently have accepted medical uses. These substances include codeine products and anabolic steroids.
Schedule IV drugs are those substances that have a lower potential for drug abuse and have presently accepted medical use. These include prescription drugs such as Xanax or Valium.
Schedule V are substances with the lowest potential for drug abuse. They may include prescription drugs such as Robitussin cough syrup.

In Colorado, the category where the controlled substance falls in the drug schedule could impact the severity of drug manufacturing charges. Understanding these drug classifications is essential to avoid unintended legal consequences.

Definition of Drug Manufacturing in Colorado

Colorado law uses a broad definition for manufacturing. It encompasses a wide range of activities that are related to the preparation and production of drugs. According to Colorado state laws, manufacturing includes:

Producing, preparing, propagating, compounding, converting, or processing a controlled substance
Using extraction from natural origin, chemical synthesis, or a combination of both
Packaging or repackaging of the controlled substance
Labeling or relabeling of controlled substances’ containers

Colorado's definition of manufacturing does not include the following activities:

Preparation, compounding, packaging, repackaging, labeling, or relabeling by a licensed practitioner in the course of the practitioner's professional practice or medical use
Similar activities performed by a practitioner or the practitioner's authorized agent for research, teaching, or chemical analysis are not intended for sale

The differences are important for legal matters.

Marijuana Cultivation and Manufacturing of Marijuana Concentrate

In the state of Colorado, cultivation of marijuana for commercial purposes requires a license. With this, it is unlawful for a person to knowingly:

Process or manufacture any marijuana or marijuana concentrate
Allow the processing or manufacturing of marijuana on land they owned, occupied, or controlled
Dispense, sell, distribute, or possess with intent to manufacture marijuana or marijuana concentrate
Attempt, induce, or conspire with one or more of the abovementioned activities

Colorado allows individuals to cultivate a certain number of marijuana plants for personal use without the need for a license. However, the state places a specific restriction on the number of homegrown marijuana plants for personal use:

Adults 21 years old and above can grow up to six marijuana plants. No more than three plants can be in their flowering stage.
A residence, regardless of the number of adults living in it, can only grow up to 12 marijuana plants.

Adults and residents cultivating marijuana for personal use should grow the plants in an enclosed and locked space to prevent unauthorized public access.

Classification of Drug Manufacturing Offenses

Colorado law classifies drug offense charges based on the type of drug and the quantity involved. The following details the breakdown of drug manufacturing charges under Colorado Revised Statutes:

Level 1 drug felony - The manufacture or sale of:

Over 225g and contains a Schedule I or Schedule II drug
Over 112g and contains methamphetamine, heroin, ketamine, or cathinone
Over 50mg and contains flunitrazepam
The transfer of any such amount to a minor

Level 2 drug felony - The manufacture or sale of:

14 to 225g and contains a schedule I or II drug
7 to 112g and contains ketamine, methamphetamine, heroin, or cathinone
10 to 50g and contains flunitrazepam
The transfer of any such amount to a minor

Level 3 drug felony - The manufacture or sale of:

Up to 14g and contains a schedule I or II drug
Up to 7g and contains methamphetamine, heroin, ketamine, or cathinone
Up to 10g and contains flunitrazepam
Over 4g and contains a schedule III or IV drug

Level 1 drug misdemeanor - The manufacture or sale of:

Any schedule V drug
Transfer (without an actual sale) of 4g or less of a schedule III or IV drug

Classification of Marijuana Cultivation and Marijuana Manufacturing Charges

The charges for possession with intent to manufacture vary by weight or number of plants. Offenders face the following penalties:

Level 1 drug felony: Over 50 lbs. marijuana or over 25 lbs. concentrate
Level 2 drug felony: 5 to 50 lbs. marijuana or 2.5-25 lbs. concentrate
Level 3 drug felony: 12 oz. to 5 lbs. marijuana or 6 oz.-2.5 lbs. concentrate
Level 4 drug felony: 4 to 12 oz. marijuana or 2-6 oz. concentrate
Level 1 drug misdemeanor: Under 4 oz. marijuana or 2 oz. concentrate

Cultivation of Marijuana:

Level 3 drug felony: Over 30 plants
Level 4 drug felony: 6 to 30 plants
Level 1 misdemeanor: Under 6 plants

Those in compliance with Colorado's rules for home cultivation will not face charges.

Colorado Drug Category Penalties

The following lists the corresponding penalties for the drug charges provided above:

Level 1 drug felony: 8 to 32 yrs. in prison, $5,000-$1 million in fines
Level 2 drug felony: 4 to 16 yrs. in prison, $3,000-$750,000 in fines
Level 3 drug felony: 2 to 6 yrs. in prison, $2,000-$500,000 in fines
Level 4 drug felony: 6 mos. to 2 yrs. in prison, $1,000-$100,000 in fines
Level 1 drug misdemeanor: 6 to 18 mos. in jail, $500-$5,000 in fines

Note: Colorado state laws change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. To confirm current laws, consult an attorney or conduct your own legal research.