Colorado’s drug possession laws have evolved significantly over the past few decades, especially in Denver—where local policies may differ from state regulations. While certain substances have been decriminalized, possessing controlled substances without a prescription remains a serious offense. Colorado drug crime lawyers have a history of experience dealing with the nuances of ever-changing legal statuses for many of these substances.
Penalties for drug possession vary based on the type and amount of the substance, prior convictions, and intent to distribute. Even minor charges can lead to fines, probation, or jail time. Engaging a drug possession attorney in Denver is a crucial step towards navigating these complexities, potentially reducing penalties, and exploring alternatives like treatment programs.
Understanding Drug Possession Laws in Denver
Colorado law differentiates between simple possession (personal use) and possession with intent to distribute, with the latter carrying more severe penalties. Possessing small amounts of certain drugs may result in misdemeanors, while possession of larger quantities or evidence of distribution can lead to felony charges.
It’s also essential to distinguish between state and federal drug charges. Colorado often emphasizes rehabilitation for minor offenses, but federal laws are stricter. Possession in federal jurisdictions, like national parks, can lead to federal prosecution. A drug possession lawyer in Denver can unravel these complexities, helping you understand the charges against you and their potential impact.
What Is the Penalty for Drug Possession in Colorado?
Penalties for drug possession depend on the substance and quantity involved. While some charges may lead to rehabilitation-based consequences, other charges may have a more severe impact on your short- and long-term future.
- Level 1 drug misdemeanor: Possession of small amounts (up to 4 grams) of Schedule I or II substances (e.g., heroin, methamphetamine, fentanyl) can result in up to 180 days in jail, fines up to $1,000, probation, or mandatory drug treatment programs.
- Level 4 drug felony: Possession of more than 4 grams of a Schedule I or II substance may lead to 6 to 12 months in prison, fines between $1,000 and $100,000, and mandatory parole.
- Level 1 drug felony: Involvement in large-scale distribution or manufacturing can result in 8 to 32 years in prison, fines ranging from $5,000 to $1 million, and mandatory 3-year parole.
First-time offenders may be eligible for alternative sentencing, such as probation or treatment. However, repeat offenses or possession of large amounts can increase penalties. A drug offense lawyer can help you make the best case to get your charges minimized or dismissed.
What Drugs Are Decriminalized in Denver?
Denver has decriminalized certain psychedelics but hasn’t fully legalized them.
- Psilocybin mushrooms: In May 2019, Denver became the first U.S. city to decriminalize psilocybin mushrooms, making possession a low law enforcement priority
- Natural Psychedelics: In November 2022, Colorado passed Proposition 122, decriminalizing personal use, possession, and cultivation of natural psychedelics like psilocybin, mescaline (excluding peyote), ibogaine, and DMT for individuals aged 21 and over.
Despite decriminalization, distribution and retail sales of these substances remain illegal. Additionally, these substances are still classified as Schedule I under federal law, so possession on federal land can lead to prosecution. Colorado drug crime attorneys have experience in navigating this complex legal situation.
What is a Level 1 Drug Felony in Colorado?
A Level 1 Drug Felony (DF1) is the most severe drug-related offense in Colorado, often involving large-scale distribution or manufacturing.
Penalties:
- Prison: 8 to 32 years
- Fines: $5,000 to $1 million
- Parole: Mandatory 3 years
Examples of Level 1 Drug Felonies:
- Possessing more than 225 grams of a Schedule I or II substance
- Manufacturing, distributing, or selling over 50 grams of a Schedule I or II drug
- Distributing drugs to minors or involving them in drug activities
- Offenses leading to serious injury or death, such as providing fentanyl that results in an overdose
Due to the severity of Level 1 drug felony charges, securing a strong defense with a drug possession attorney in Colorado is essential.
Frequently Asked Questions (FAQs) about Drug Possession in Colorado
What are Schedule 1 and 2 drugs in Colorado?
Colorado classifies controlled substances into five schedules. Schedule I and II drugs have the highest potential for abuse and least accepted medical use.
- Schedule I: Very high potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy, psilocybin).
- Schedule II: High potential for abuse, some accepted medical use (e.g., methamphetamine, cocaine, fentanyl, oxycodone).
How long do you go to jail for drug possession in the US?
Jail time for drug possession depends on state and federal laws. In Colorado, possession of small amounts is a Level 1 drug misdemeanor, punishable by up to 180 days in jail or probation. Possession of larger amounts of Schedule I or II drugs can lead to felony charges with sentences of up to 32 years.
What drugs are illegal in Colorado?
Despite Colorado’s decriminalization efforts, many drugs remain illegal, including:
- Heroin, methamphetamine, and cocaine
- Fentanyl (above 1 gram) and synthetic opioids
- Unprescribed narcotics like oxycodone and hydrocodone
- MDMA (ecstasy) and LSD
Possession of these substances in large amounts or with intent to distribute can result in felony charges.
What is a controlled substance in Colorado?
A controlled substance is any drug regulated due to its potential for abuse. This includes illegal drugs like heroin and methamphetamine, as well as prescription medications such as Adderall or Xanax when possessed without a prescription.
What resources are available for individuals facing drug possession charges in Denver, CO?
Drug possession charges in Denver can lead to serious legal consequences, including fines, probation, and prison sentences. Even first-time offenders risk lasting impacts on their criminal record, employment, and future opportunities.
While hiring a Denver drug possession attorney is the best way to fight charges, individuals may also have access to community resources that offer support and treatment options. If you’re facing a drug charge, consulting a drug charges defense law firm in Colorado can help you understand your legal options, protect your rights, and work toward the best possible outcome.
Why You Need a Denver Drug Crimes Defense Attorney
A Denver drug possession attorney is an essential resource when you are facing drug-related charges. They can challenge evidence and ensure law enforcement followed proper procedures—any violations could lead to suppressed evidence. A drug crime defense lawyer can also negotiate reduced charges, potentially lowering a felony to a misdemeanor or securing alternative sentencing, such as a treatment program.
Local expertise is key. A drug defense attorney in Denver understands Colorado’s controlled substance laws and court procedures and can leverage relationships with prosecutors and judges for more effective negotiations. A drug charges defense law firm also provides access to expert witnesses, forensic specialists, and investigative resources to strengthen your case. With your future at stake, having skilled legal representation can make a significant difference in the outcome of your case.
