Colorado Drug Crime Penalties
Colorado law recognizes different felony levels for certain drug crimes.
- Level 1 Drug Felonies: level 1 drug felonies are the most serious in Colorado, and can include selling more than 225 grams of a schedule I or II controlled substance, or selling marijuana to a minor. A conviction can result in up to 32 years in prison and $1 million in fines.
- Level 2 Drug Felonies: include selling between 14 and 225 grams of schedule I or II controlled substances; selling material for manufacturing drugs; possessing material to make methamphetamine. A conviction can result in up to 8 years in prison, and $750,000 in fines.
- Level 3 Drug Felonies: include the attempt to commit a level 2 drug felony; selling no more than 14 grams of a schedule I or II controlled substance; distributing imitation controlled substances to a minor. Level 3 drug felonies are punishable with up to 6 years in prison and $500,000 in fines.
- Level 4 Drug Felonies: include attempting to commit a level 3 drug felony; selling up to 4 grams of a schedule III or IV controlled substance; possessing a controlled substance. A level 4 drug felony conviction can result in up to 1 year in prison and $100,000 in fines.
Other Penalties and Programs
If you have been charged with a drug crime, you could face significant penalties, like jail time and fines. However, if you have an otherwise clean criminal history, you might have an opportunity to keep your record clean. Colorado recognizes the importance of giving drug offenders an opportunity to address drug addiction and abuse through programs like pretrial diversion and deferred sentencing.
- Drug Offender Public Service: Under Colorado law, drug offenders are required to complete at least 48 hours of public service for committing a drug felony in addition to any sentence rendered by the court.
- Pretrial Diversion: In exchange for agreeing to enter a drug treatment program, the court can stay criminal proceedings for up to 2 years for eligible defendants. This alternative to prison time and fines are often available to first-time offenders involving a misdemeanor drug offense.
- Deferred Sentencing: The court may stay sentencing for up to 4 years for certain eligible drug felony offenders if they agree to complete a drug rehabilitation program.
Drug charges are a serious concern. Thankfully, Colorado law recognizes that many drug offenders are also victims in the ongoing war on drugs. To determine your eligibility for a pretrial diversion or deferred sentencing, you should consult an experienced drug crime lawyer in Denver for advice. At Trial Lawyers & Legal Services of Colorado, LLC, we are dedicated to preserving your right to seek rehabilitative treatment for drug use.
Sapientia potentia est
Don’t Let a Drug Conviction Ruin Your Future
A conviction for possession or use of illegal drugs like cocaine, methamphetamine, or ecstasy, carries substantial jail time – even for a first offense. So does a sentence for possessing two or more ounces of marijuana, or misusing prescription drugs. Don’t let a drug conviction cost you your freedom; work with our team of drug crime attorneys in Denver, CO to protect your rights and defend your future.
At Trial Lawyers & Legal Services of Colorado, LLC, our drug defense lawyers are bright, aggressive, and ready to stand with you against the prosecution. You can expect that will we focus on vigorous preparation for your case and that we will litigate it to the end if that’s what is best for you. We are available 24/7 for our clients by phone, so don’t wait to call for your free consultation. We will do everything we can to defend your case.
Limits on Recreational Marijuana in Colorado
Under state law, it is a crime to possess, use, or distribute controlled substances, which are classified into different “schedules.” Schedule I controlled substances are considered to provide no medical benefit and have a high potential for abuse. Successive schedules have a lower potential for abuse and an accepted medical use. Unlike federal law, however, marijuana has been decriminalized in CO.
Still, many of our clients are not aware of the limits on marijuana possession in Colorado. Under state law, these are the laws regarding possession and use of recreational marijuana:
- Only those 21 and older can possess and use marijuana
- You can only legally buy marijuana from licensed retail stores
- Adults 21 and older can have up to one ounce of marijuana
- Using marijuana in public places is not allowed
- You cannot use marijuana on federal property, including national parks
- Employers can still test for and make employment decisions based on marijuana usage