Here’s what you should know about Colorado’s drug possession laws, the associated penalties, available defenses, and how our knowledgeable Colorado drug possession lawyer can give you straight answers and a plan.
Overview of Drug Possession Charges in Colorado
Under Colorado law, it is illegal to knowingly possess a controlled substance unless lawfully prescribed or authorized. Prosecutors can classify possession of drugs as either simple possession for personal use or possession with the intent to distribute or sell. These two classifications carry different penalties and legal outcomes.
The law also separates substances into five schedules based on risk and accepted medical use, with Schedule I drugs (like heroin or LSD) carrying the harshest penalties. Current law now considers simple possession of small amounts of certain substances to be a misdemeanor rather than a felony. However, that doesn’t mean prosecutors won’t treat it seriously. Drug charges are still serious, and even a misdemeanor can carry lasting effects.
Misdemeanor or Felony? Understanding the Penalties
Your drug possession penalty in Colorado varies widely depending on the facts of your case.
Misdemeanor or Simple Possession
This typically applies if law enforcement catches you with small amounts of Schedule III, IV, or V substances or fewer than 4 grams of Schedule I or II drugs. You may face up to 180 days in jail and fines up to $1,000. If it’s a repeat offense, the court may impose up to 364 days in jail.
While simple possession is usually a misdemeanor, that doesn’t necessarily mean you’re in the clear. If you have prior felony convictions or the amount is high enough to suggest intent to distribute, prosecutors may pursue felony charges.
Felony Drug Possession
Whether you are facing felony charges depends on three things:
- The type of drug involved,
- The amount found in your possession, and
- Your prior criminal history.
If you possess larger quantities or have prior convictions, you could be charged with a Level 4 drug felony. That carries 6 to 12 months in prison and up to $100,000 in fines. Illegal possession of any amount of certain drugs like ketamine or GHB is automatically a felony, no matter how little you had. Additionally, possession with intent to distribute (even without selling) is a more serious felony with penalties of 2 to 32 years in prison, depending on the case.
Marijuana-Related Possession Charges
Although marijuana is legal for adults in Colorado, you can still be charged with possession if you’re under 21, possess more than two ounces, or possess it on federal land. Colorado also passed SB23-290 in 2023, which regulates natural medicines such as psilocybin. Although legalization has progressed, unauthorized possession outside the state’s regulations can still result in criminal charges.
A drug possession conviction can lead to significant collateral consequences beyond immediate penalties. These may include mandatory drug treatment programs, probation, the loss of financial aid eligibility, and problems with professional licensing.
How to Get Drug Possession Charges Dropped
If this is your first offense or the evidence against you is weak, there may be a clear path forward. Colorado has several alternatives and defense strategies available, depending on your case.
- Pretrial diversion. Many counties offer diversion programs for low-level possession charges, which can result in dismissed charges if you successfully complete the program. If accepted into such a program, you agree to complete drug education or treatment and remain law-abiding.
- Deferred judgment. If you’re eligible for deferred judgment, you may plead guilty, complete probation and treatment, and have the conviction dismissed at the end of the sentence.
- Motion to suppress. If your Fourth Amendment rights were violated during a search or arrest (such as when the police conduct an illegal search of your vehicle or home), your attorney may seek to suppress the resultant evidence. Without that evidence, the case may fall apart.
- Lack of knowledge. If you genuinely didn’t know the drugs were in your possession (for instance, they belonged to someone else), that can be a valid defense. This defense becomes stronger if the drugs were in a shared space or hidden from plain view.
- Substance analysis. The prosecution must prove that the substance was illegal. If the lab analysis is inconclusive or flawed, the charges may not stand.
A skilled defense attorney will examine the entire picture to determine the best course of action.
Arrested for Drugs in Colorado? Here’s What to Do Next
If you’re facing drug charges, the clock is ticking. Here’s what you can do to take control of your defense:
- Remain silent. The police have all kinds of strategies to get you to unknowingly implicate yourself in the crime. You have the right to remain silent, and it’s crucial to use it by politely declining to speak until you discuss the case with your lawyer.
- Gather everything that could help your case. This might be text messages, GPS data, or statements from anyone who saw what happened.
- Contact a Colorado drug possession lawyer immediately. The sooner you get professional legal guidance, the more strategies we can explore.
Taking action quickly can significantly improve your situation, potentially leading to fewer charges, alternative programs, or even a full dismissal.
Proven and Efficient Colorado Drug Possession Defense
If you’re facing a drug possession charge in Colorado, don’t take chances with your future. With over 30 years of experience, I’ve defended hundreds of clients—whether it’s a first-time misdemeanor or a serious felony offense. At Mark S. Rubinstein, P.C., I personally handle every case, ensuring you receive the focused, knowledgeable legal representation you deserve. You won’t be handed off to an assistant—your case gets my full attention from start to finish.
Drug charges can arise from misunderstandings, unlawful searches, or one-time mistakes. I know how to challenge the evidence, negotiate with prosecutors, and fight for reduced or dismissed charges. My approach is strategic and aggressive, tailored to your unique situation and focused on minimizing the impact on your life and record.
Don’t let fear or uncertainty stop you from taking action. The sooner you begin building your defense, the better your chances of avoiding jail time and protecting your future. Contact Mark S. Rubinstein, P.C. at 970-319-3306 for a free consultation and take the first step toward resolving your case with confidence.
FAQs
Can I Go to Jail for Drug Possession in Colorado?
Yes, but not always. Many drug possession charges carry possible jail time. However, alternatives like probation or diversion may be available, especially for first offenses.
Does a Drug Conviction Stay on My Record Forever?
Misdemeanor and some felony convictions may be eligible for record sealing after a certain amount of time has passed. But keep in mind that some felony drug convictions are harder to seal and may follow you for life.
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