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Happy 420 Day! Beware the Smell.

Posted by Robert Werking | Apr 20, 2017 | 0 Comments

Happy 420 Day! Fun Fact: All of the clocks in Pulp Fiction show the time to be 4:20 – it is worth the time to go back and watch (re-watch) this film.

Odor of Marijuana The smell or odor of marijuana is still “suggestive of criminal activity” according to the Colorado Supreme Court. The Colorado Supreme Court held that the smell of marijuana, although legal for many purposes, is still a factor in determining whether the police form probable cause to arrest and search an individual or place. As stated by the Court, “Amendment 64 allows possession of one ounce or less of marijuana, a substantial number of other marijuana-related activities remain unlawful under Colorado law. Given that state of affairs, the odor of marijuana is still suggestive of criminal activity. Hence, we hold that the odor of marijuana is relevant to the totality of the circumstances test and can contribute to a probable cause determination.” People v. Zuniga, 16 CO 52 (2016).

Denver and Aurora have enacted building and/or zoning code ordinances which criminalize the smell of marijuana in residential zones. Police may use the smell of marijuana to justify the issuance of a municipal search warrant and then search your home.

Be aware that although lawful pursuant to the Colorado State Constitution, the smell of marijuana will attract the attention of law enforcement.

If you or a loved on are charged with a drug crime, including crimes related to marijuana, please call LFM Defense.

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About the Author

Robert Werking

PARTNER Rob Werking is a committed and experienced Denver based criminal attorney with over thirty (30) years of trial work.  Mr. Rob Werking has tried hundreds of cases in the state district courts, county courts, and all municipal courts.


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