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Colorado Fentanyl Charges

Colorado’s criminal justice system takes fentanyl possession and distribution very seriously. Because of the enhanced potency of this synthetic opioid, accidental overdoses are increasingly common, as are fentanyl poisonings in people who aren’t aware that the drug they are taking contains fentanyl, either as an additive to the drug they purchased to make its effects stronger or as a substitution for another drug. 

If you’re facing fentanyl drug crime charges in Colorado, it’s crucial to have a prompt, assertive legal defense to protect yourself from a life-altering criminal conviction. Contact our Colorado Springs drug crime lawyer to discuss your legal options. Schedule a free consultation today.

Understanding the Consequences of a Fentanyl Drug Crime Conviction In Colorado

Fentanyl is 50 to 100 times more potent than morphine, making it highly addictive and dangerous. For this reason, Fentanyl is a Schedule II drug under Colorado HB 22-1326, a classification of substances with an escalated potential for abuse. The consequences of a fentanyl drug crime conviction depend on the level of the crime and the surrounding circumstances as follows:

  • Possession of up to four grams of fentanyl, or a drug containing fentanyl, is a Level 4 drug felony with penalties including 6 months jail time and up to two years of probation for a first offense
  • Subsequent offenses carry up to 364 days in jail
  • Possession of four to 50 grams of fentanyl, or compounds including fentanyl, is a Level 2 drug felony in Colorado, with penalties of four to 16 years in prison
  • Possession of 50 or more grams of fentanyl or fentanyl-containing compounds is a Level 1 drug felony, with penalties including up to 34 years in prison

In addition, 2025 changes to the drug law allow many fentanyl drug charges to become a Level 1 conviction with up to 34 years in prison for as little as 1 gram of fentanyl. This may be the case if the offense caused a person’s death, if the fentanyl was transported into Colorado from another state, or if the accused person was in possession of manufacturing equipment such as pill presses.

What Are the Defenses for Fentanyl Drug Crime Charges In Colorado?

A drug crime conviction has serious lifelong consequences, including prison time, probation, and a permanent criminal record, with impacts on available careers, rental property opportunities, and the loss of your civil rights, such as the right to own a firearm and to vote. A single moment of bad judgment or a mistake can impact your entire future without an aggressive legal defense by an experienced Colorado criminal defense attorney. Common defenses for fentanyl charges in Colorado include the following:

  • An unlawful search and seizure took place, such as a lack of probable cause or a lack of a warrant
  • Lack of knowledge or intent; for instance, the accused individual wasn’t aware that the substance contained fentanyl, or did not intend to possess fentanyl
  • Irregularities occurred in the chain of custody of the substance after the arrest
  • Challenging the total weight of the fentanyl in a compound to examine whether or not it meets the threshold of the felony charge

It’s crucial to understand that even a first offense can result in serious felony charges when it comes to fentanyl drug crime charges due to fentanyl’s high potency. 

How Can a Colorado Springs Drug Crime Attorney Help My Case?

An experienced drug crimes defense attorney in Colorado Springs will also explore the options available to you for diversion programs or an addiction treatment program if addiction was the driving factor for the crime. Call Anaya Law Group today for the strong defense your future deserves. Schedule your free consultation today.