Legal Question in Criminal Law in Colorado

My friends recently had undercover cops come by there house and tell them that if they have to come back they will give them a distribution of marijuana ticket. However, they were not distributing marijuana. They do all smoke marijuana within the comforts of there home (one of the roommates has his med card and does so legally). But they ARE NOT selling or distributing marijuana. They are just college kids who have a fun house to come play video games at or drink a beer with (all are 21). Can these cops seriously give a distribution of marijuana ticket with no proof? Are they allowed to come into the house without a search warrant and give out tickets to them for smoking in there own home?


Asked on 4/18/12, 10:11 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Distribution of marijuana is not a "ticket". It is a felony offense, with which will come an arrest. Police are not allowed into your house for a search without a warrant. Of course, they do not need a warrant if they have your consent. Next time, don't open the door. Have them display the warrant through a window.

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Answered on 4/18/12, 11:58 pm


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