Unlawful use of marijuana in a detention facility
(Colorado 18-18-406.5 C.R.S.)

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Possessing of weed in a Colorado jail or prison

You violate section 18-18-406.5 of the Colorado Revised Statutes (C.R.S.) when you possess or use marijuana while confined in a Colorado detention facility.

Detention facilities includes not only jails and prisons but any structure or vehicle in which you are lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

Penalties for use of marijuana in a detention facility

Use or possession of marijuana while confined in a detention facility is a Colorado level 1 drug misdemeanor.

Punishment under 18-18-406.5 C.R.S. can include:

  • 6-18 months in jail, and/or
  • A fine of $500-$5,000.

The reason for treating inmates or other detainees more harshly than if they were free is that people charged with drug crimes can usually be sentenced to treatment. However, if you are in custody, treatment is not an option.1

Defenses to possession of marijuana in a detention facility

The best defense to 18-18-406.5 C.R.S. depends on the facts of your case. But common defenses to use of marijuana in a detention facility often include:

  • The weed wasn't yours, or
  • You didn't know you possessed the marijuana.

Call us for help…

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If you have been charged with marijuana use or possession while detained by law enforcement, we invite you to contact us for a free consultation.

Even when you are in custody you have rights. Our job is to protect them.

Our caring Colorado criminal defense lawyers have a great deal of experience defending clients from law enforcement overreaching. While we probably can't get you treatment (because you are in jail), we can still fight to get your sentence reduced or dismissed.

To reach one of our Colorado drug lawyers, simply fill out the confidential form on this page. Or call us at our Denver home office:

Colorado Legal Defense Group
1400 16th Street
16 Market Square
Denver CO 80202

Legal references:

  1. People v. Goodale, 2003, 78 P.3d 1103.

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