Colorado Drug Possession Laws
Despite the state’s groundbreakingly tolerant approach to marijuana laws, Colorado takes drug violations very seriously. In Colorado, it’s unlawful to use, possess, sell, distribute, or manufacture controlled substances; however, newer laws have reduced some penalties to prevent wrongful arrests and an overburdened criminal justice system. Understanding the state’s drug possession laws requires knowing the state’s offense levels for illegal drug possession.
Understanding Possession Charges In Colorado
Drug possession laws in Colorado classify drug crimes and their penalties based on the type of controlled substance involved and the quantity of the drug in possession. A Colorado Springs drug crimes lawyer can help explain how these charges may apply to your case. Depending on these circumstances, the offense can range from a misdemeanor to a felony.
The first factor considered in Colorado’s drug possession laws is the type of drug in possession. Colorado classifies these in “schedules.”
Schedules for Controlled Substances In Colorado Drug Possession Laws
Drug schedule classifications in Colorado are based on whether the substance has any valid medical purpose and its potential for abuse. Schedules for controlled substances are grouped as follows:
- Schedule I drugs are those with the highest potential for abuse by users and no clinically accepted medical purpose. Examples include heroin, methylenedioxymethamphetamine (MDMA), and LSD
- Schedule II drugs are those with limited accepted medical uses and a high potential for abuse and addiction, such as methamphetamine, cocaine, opioids, and fentanyl
- Schedule III drugs have accepted medical uses and a lower risk of dependence, for instance, some prescription medications, steroids, and ketamine
- Schedule IV drugs have a broad range of medical uses and low potential for abuse. Examples include Xanax, Tramadol, Lorazepam, and Ambien
- Schedule V drugs have widely known medical uses and are often available without a prescription, but have the least risk of dependency. Examples include cough syrups with codeine, Analgesics, and antidiarrheals with traces of opioid properties
The schedule classification of a controlled substance is a critical factor in Colorado’s drug possession charges and penalties.
Levels In Colorado’s Misdemeanor and Felony Possession Laws
Colorado HB19-1263 defines the state’s laws for drug possession charges based on the amount of the controlled substance in possession. While 2 ounces or less of marijuana is a petty offense and not a misdemeanor crime, common misdemeanor and felony possession charges include the following:
- Level 1 misdemeanor drug charges in Colorado apply to arrests for possession of up to 4 grams of Schedule I and II controlled substances or more than 6 ounces of marijuana or more than 4 ounces of cannabis concentrate.
- Level 2 misdemeanor drug charges in Colorado apply to arrests for possession of up to 3 ounces of marijuana concentrate.
- Level 4 drug felony charges apply to possession of over 4 grams of Schedule I or II controlled substances.
- Level 1, 2, and 3 felony drug charges typically involve the sale, manufacture, or distribution of drugs rather than simple possession.
Any misdemeanor drug possession charge can escalate into felony charges if there are aggravated circumstances involved; for instance, if the person in possession is on parole or probation.
How Can a Colorado Drug Crimes Lawyer Help Me?
If you’ve been charged with drug possession in Colorado, a criminal defense attorney in Colorado Springs can help protect your rights and explain your defense options.Call Anaya Law Group at (719) 227-0007 to speak to an experienced, assertive drug crimes lawyer.