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KUSA - People across Colorado are facing felony charges for something that the state's best-known marijuana attorney says is perfectly legal.
Attorney Robert J. Corry Jr. says manufacturing marijuana concentrate is a constitutionally protected righter under Amendment 64.
"There aren't that many fundamental rights out there and this is one of them," Corry said.
Yet, court records show that from Jan. 1 through Oct. 6, prosecutors in at least 10 different counties have charged at least 26 people with a felony under a state statute that says it is illegal "to process of manufacture any marijuana or marijuana concentrate" without authorization.
One of those people is Paul Mannaioni, who is accused of manufacturing marijuana concentrate in Denver in April. The incident ignited an explosion that sent him and two others to the hospital.
"He was operating legally under Amendment 64 and accidents do happen, but accidents do not mean something is a crime," Corry said. "Processing is specifically enumerated in the constitution as something that is not unlawful."
9News Legal Analyst Scott Robinson disagrees.
"Possession of up to an ounce of marijuana concentrate is legal, but you have to have a license to manufacture," Robinson said, adding that the issue will likely be decided by the Colorado Supreme Court.
"Until it's resolved by an appeals court, it's going to remain a live, live issue," he said.
Attorney Robert J. Corry Jr. says manufacturing marijuana concentrate is a constitutionally protected righter under Amendment 64.
"There aren't that many fundamental rights out there and this is one of them," Corry said.
Yet, court records show that from Jan. 1 through Oct. 6, prosecutors in at least 10 different counties have charged at least 26 people with a felony under a state statute that says it is illegal "to process of manufacture any marijuana or marijuana concentrate" without authorization.
One of those people is Paul Mannaioni, who is accused of manufacturing marijuana concentrate in Denver in April. The incident ignited an explosion that sent him and two others to the hospital.
"He was operating legally under Amendment 64 and accidents do happen, but accidents do not mean something is a crime," Corry said. "Processing is specifically enumerated in the constitution as something that is not unlawful."
9News Legal Analyst Scott Robinson disagrees.
"Possession of up to an ounce of marijuana concentrate is legal, but you have to have a license to manufacture," Robinson said, adding that the issue will likely be decided by the Colorado Supreme Court.
"Until it's resolved by an appeals court, it's going to remain a live, live issue," he said.
