It is against the law to possess drugs for personal use in Colorado. Colorado Revised Statute 18-18-403.5 states that to knowingly possess a controlled substance is a crime. It is generally referred to as simple possession, and it can have serious consequences. Unlawful drug possession is generally charged as a level 1 misdemeanor in Colorado, but more serious offenses can lead to felony charges.
If you have been charged with drug possession in Denver, contact our Denver drug possession lawyers at Flesch Law right away to discuss your rights with a criminal defense lawyer. Your lawyer will explain the laws connected to your case, inform you of your rights and potential legal options, and build the strongest available defense on your behalf to protect you as much as possible. Call (303) 980-5511 now for a free drug possession case consultation.
Denver Drug Possession Legal Resources
The penalties that you may face for a drug possession crime in Colorado depend on the type of illicit substance involved. Controlled substances are categorized into five schedules under federal and state law:
Like most states, Colorado penalizes drug crimes severely in an effort to stop drug offenses and dissuade others from committing similar crimes in the future. Although Colorado was one of the first states to decriminalize marijuana, it still has strict laws against the possession of other types of controlled substances.
It is a level 1 misdemeanor to possess up to 4 grams of a Schedule I or Schedule II drug; any Schedule III drug besides ketamine; Schedule IV drugs other than Rohypnol; Schedule V drugs; or up to 1 gram of any substance that contains fentanyl, benzimidazole opiate or carfentanil. The punishment for this crime is 6 to 18 months in county jail and/or $500 to $5,000 in fines, with an alternative sentence of up to $1,000 in fines, probation for up to 2 years and 180 days of jail time.
Possession of more than 4 grams of a Schedule I or Schedule II drug; any amount of Rohypnol, ketamine or bath salts; or 1 to 4 grams of any substance that contains fentanyl, benzimidazole opiate or carfentanil is a level 4 felony charge in Colorado with a typical sentence of 6 to 12 months in prison (plus 12 months of parole) and $1,000 to $100,000 in fines. It may be possible to get a level 4 felony drug possession charge reduced to a misdemeanor by completing probation and rehabilitation, in some cases.
The charge for drug possession is increased to a level 2 felony if the substance is more than 60 percent fentanyl, carfentanil or benzimidazole opiate. This can come with a sentence of 4 to 8 years in prison and a fine of $3,000 to $750,000. Furthermore, a drug possession crime in Colorado can be charged as an aggravated felony if the defendant is on parole for another felony, on probation, in jail as a convicted felon or an escaped prisoner. This comes with more severe penalties, such as double the typical prison sentence for felony possession.
This depends on several factors, including the schedule of the drug as listed above. A drug possession crime can be charged as a felony in Colorado if it involves more than 4 grams of a Schedule I or Schedule II drug. However, as of March 1, 2020, it is no longer a felony crime in Colorado to possess up to 4 grams of certain narcotics, including heroin, ecstasy, methamphetamine and cocaine. The drug in possession, the quantity of the drug, whether they were meant for personal use or distribution, and your criminal history can all impact whether your crime is charged as a misdemeanor or felony.
The right criminal defense attorney in Denver can craft a strong defense strategy tailored for your unique situation to maximize your odds of a positive case outcome. Your defense may have the power to result in case dismissal, acquittal, reduced charges or a minimized sentence. Common defense techniques available for drug possession charges include:
Attorney Finegan will use years of experience and a high level of criminal defense knowledge to defend you as aggressively and effectively as possible. As your lawyer, he will design the ideal defense strategy for you and your case based on the circumstances.
Drug possession is a serious crime that can have long-term consequences if you are convicted. Do not wait to contact Flesch Law to discuss the charges against you and your potential defense options if you’ve been arrested for drug possession. We are on your side during this difficult time. Attorneys Flesch Law will inform you of your rights during a free case review, then craft a compelling defense strategy as your legal advocate. Call (303) 980-5511 or contact us online today to learn more.