In 2012, Colorado (alongside Washington) became the first state to legalize the sale and possession of recreational cannabis. Despite this groundbreaking decision, many drugs remain illegal in the Centennial State, and drug possession remains a serious matter. A conviction can have negative ramifications on many aspects of your life, including jail time, expensive fines, and a criminal record that follows you for years.
If you’ve been charged, working with an experienced Denver drug crimes defense attorney can give you the best chance at avoiding jail and securing the most favorable outcome possible. Here’s what you need to know about Colorado’s drug possession laws, along with four defense tactics that may help keep you out of jail.
What Counts as Drug Possession in Colorado?
Under Colorado law, drug possession means knowingly having a controlled substance on your person, in your belongings, or under your control. However, simple possession is just one of several drug-related charges you could face. Your Denver drug possession lawyer can help you understand the exact nature of your charges, since state law distinguishes between multiple types of drug offenses, each carrying different penalties.
- Simple possession: Typically involves small quantities intended for personal use. This is often charged as a misdemeanor, but the charge can escalate depending on the substance or your prior record.
- Possession with intent to distribute: If you’re found with larger quantities, packaging materials, scales, or large amounts of cash, prosecutors may argue you intended to sell. This typically means you will face more serious felony charges.
- Distribution or sale: Involves the actual transfer of controlled substances to another person. This can apply even if no money changes hands.
- Manufacturing or trafficking: Covers producing, cultivating, or transporting controlled substances, especially in large quantities. These offenses are typically treated as major felonies and often carry mandatory prison sentences.
The severity of a drug possession charge depends not only on the type of offense but also on the substance involved. Colorado classifies drugs into five schedules based on medical use and potential for abuse. Possession of Schedule I or II substances, such as heroin, LSD, or methamphetamine, is treated much more seriously under state law and often results in harsher penalties, even for first-time offenders. The good news is that, with the help of a drug possession attorney, Denver residents can fight for better legal outcomes.
Can You Avoid Jail for Drug Possession in Colorado?
It’s possible, depending on the circumstances. There are multiple ways to avoid jail time for a possession charge in Colorado. Below are four common strategies used by skilled drug charges defense lawyers in Denver.
1. Challenge the search and seizure.
If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, your attorney can file a motion to suppress the evidence. For example, if officers searched your car without probable cause or a valid warrant, the court may disregard any evidence obtained, potentially leading to the dismissal of the case.
2. Argue lack of knowledge or intent.
To convict you of drug possession, prosecutors must prove that you knowingly possessed the illegal substance. If someone left drugs in your car, bag, or home without your knowledge, your drug crime defense lawyer may argue that you had no intent to possess them.
3. Test the evidence.
Colorado law requires lab testing to confirm that a seized substance is actually illegal. If the prosecution can’t produce lab results (or if the results are flawed or inconclusive), this can be used as a defense. It’s not uncommon for charges to be reduced or dropped when lab procedures are mishandled.
4. Seek alternative sentencing.
Colorado offers several alternatives to jail, particularly for first-time offenders or individuals facing low-level charges. A Denver drug possession attorney can help determine whether you qualify for options such as a pretrial diversion program, deferred sentencing, or court-ordered treatment. In a diversion program, you agree to meet certain conditions, such as counseling or community service, and the charges are dismissed if you complete them.
Deferred sentencing works in a similar way, allowing the court to drop the charges once you fulfill the requirements. In some cases, judges may also order participation in a drug rehabilitation program instead of jail time.
Successfully completing one of these alternatives can help you avoid a conviction entirely and move forward without a permanent mark on your record.
What Do Prosecutors Consider When Filing Charges?
Every case is different, but prosecutors typically consider several key factors when deciding how to proceed. These include the type and amount of drug involved, whether there is any evidence suggesting an intent to sell or distribute, and your prior criminal history, particularly if it includes past drug offenses. They will also evaluate your behavior during the arrest and whether the incident involved weapons or any acts of violence.
By presenting favorable information, such as a clean record, a small quantity of drugs, or full cooperation with law enforcement, your drug crimes lawyer may be able to negotiate reduced charges or reach an agreement that allows you to avoid jail time.
Talk to a Denver Drug Possession Attorney Today
If you’ve been charged with drug possession, you need answers fast. An experienced drug crime defense lawyer can review your case, explain your options, and help you fight for the best possible outcome – whether that’s dropped charges, reduced penalties, or an alternative to jail.
At MBS Law, we understand the high stakes involved. Our Denver drug crimes defense attorneys take a personalized approach to every case. We’ll work to protect your rights, your record, and your future.
