Denver Criminal Defense Law Firm Handles Marijuana Issues

Colorado Marijuana Defense Attorney Will Stand Up for Your Constitutional Rights

The 4th Amendment of the U.S. Constitution protects Americans against reasonable searches and seizures, although proponents of personal rights regarding marijuana use once feared that individual liberties were increasingly falling victim to the government’s “war on drugs.” But with the legalization of the recreational use of marijuana in Colorado and other states, some wonder how this legislation will affect search and seizure doctrine and practice.

In the early part of the twentieth century, marijuana was associated with marginal populations, but due to fear that use would spread, a number of states criminalized its use. But in 2012, Colorado voters passed Amendment 64, which legalized the recreational use of marijuana and the home cultivation of up to six plants per adult in the state.

Since 2001, the U.S. Supreme Court has issued several opinions related to marijuana, primarily over the use of drug-sniffing dogs and thermal imaging devices. These decisions focused on the 4th Amendment limitations regarding illegal search and seizure, but not on the legal status of marijuana.

Much confusion remains regarding the marijuana laws in Colorado and how they interact with federal law. In 2013, the U.S. Department of Justice issued a statement remaining the states that the possession of marijuana remains illegal at the federal level, although marijuana decriminalization laws, such as the one in Colorado, can curtail police investigative authority in some instances.

Contact a Denver Criminal Defense Law Firm Today

If you have questions regarding the personal use of marijuana and the 4th Amendment, Colorado criminal defense attorney Michael T. Kossen, P.C. has represented Colorado clients in criminal matters since 1991. Contact Attorney Kossen online or call (303) 791-6500 to schedule your free initial consultation today.