Drug Offenses in Colorado

The attorneys at The Aurora Criminal Defense Law Firm are experienced drug attorneys in Colorado who defend people charged with all types of drug offenses including drug possession, drug distribution, drug manufacture, drug conspiracies, Colorado Organized Crime Act drug related offenses, and all other drug related crimes in Colorado.

Colorado’s Uniform Controlled Substances Act & Drug Schedules

Colorado Uniform Controlled Substances Act governs controlled substances and creates drug crimes in Colorado.

“Controlled substances” encompass both illegal drugs and prescription medications that are unlawful to possess without a valid prescription. These substances include, but are not limited to, commonly abused drugs such as:

Cocaine
LSD
Heroin
Codeine
Vicodin
Oxycontin
Fentanyl
Amphetamine
Methamphetamine
Anabolic steroids
Ecstasy
GHB
Ketamine
Barbiturates

Under the Uniform Controlled Substances Act there are five schedules of drugs. Schedule I through V. Schedule I substances are the most serious drugs. Drugs will be considered Schedule I substances when:

(a)The substance has high potential for abuse; (b)The substance has no currently accepted medical use in treatment in the United States; and (c)The substance lacks accepted safety for use under medical supervision.

Schedule I substances include hard drugs and party drugs like cocaine, ecstasy, heroin, and meth. To understand what type of drug schedule a certain drug falls under you can view Colorado’s drug scheduling statutes here:

What are the Possible Penalties for Drug Offenses in Colorado?

Drug Felony Sentencing in Colorado

Class

DF1

DF2

DF3

DF4

Presumptive Range

8-32

4-8

2-4

6m-1 year

Aggravated Range

12-32 (special offender)

8-16

4-6

1-2 years

Parole

Fine

$5,000 – $1,000,000

$3,000 – $750,000

$2,000 – $500,000

$1,000 – $100,000

DF1

Presumptive Range: 8-32
Aggravated Range: 12-32 (special offender)
Parole: 3
Fine: $5,000 – $1,000,000

DF2

Presumptive Range: 4-8
Aggravated Range: 8-16
Parole: 2
Fine: $3,000 – $750,000

DF3

Presumptive Range: 2-4
Aggravated Range: 4-6
Parole: 1
Fine: $2,000 – $500,000

DF4

Presumptive Range: 6m-1 year
Aggravated Range: 1-2 years
Parole: 1
Fine: $1,000 – $100,000

Mandatory aggravating circumstances for level 2, 3, and 4 drug felonies are outlined in section 18-1.3-501(10)(a). These include situations such as being on parole, probation, or bond for another felony, being in confinement for a felony, or escaping from confinement for a felony.

Discretionary aggravating circumstances, which can justify a sentence in the aggravated range but still allow the court to impose a sentence within the presumptive range, are described in section 18-1.3-501(11).

Suspended sentences are allowed, provided the defendant is eligible for probation, in all cases except for level 1 drug felonies, as specified in section 18-1.3-501(12).

Drug Misdemeanor Sentencing in Colorado

Class

DM1

DM2

Presumptive Range

Up to 364 days jail

Up to 120 days jail

Aggravated Range

Up to $1,000

Up to $750

DM1

Presumptive Range: Up to 364 days jail
Fine: Up to $1,000

DM2

Up to 120 days jail
Up to $750

Although Colorado drug misdemeanors carry a potential jail sentence C.R.S. 18-1.3-501 creates a presumptive treatment based sentence: (d.5)(I)(A) of Colorado’s drug misdemeanor sentencing statute provides:

“It is the intention of the general assembly to classify most drug possession on and after March 1, 2020, as a misdemeanor offense with different sentencing options and limited incarceration penalties. The purpose of this sentencing scheme is to provide offenders who are assessed to be in need of treatment or other intervention with probation supervision in conjunction with effective medical and behavioral intervention and treatment. For those drug possessors who are not in need of treatment, sentencing by the courts system should be limited. This sentencing scheme recognizes that drug use and possession is primarily a health concern and should be treated as such by Colorado courts.”

Common Drug Offenses in Colorado

Unlawful Possession of a Controlled Substance (CRS 18-18-403.5)

What are the elements of drug possession in Colorado?

To secure a conviction for drug possession under CRS 18-18-403.5, the prosecution must establish beyond a reasonable doubt that the defendant was in possession of a controlled substance.

A “controlled substance” refers to any drug regulated by the government, categorized into one of five schedules. Schedule I substances have the highest potential for abuse, whereas Schedule V substances have the lowest.

“Possession” entails having physical control over a drug and can be classified into three types:

Actual Possession: Direct physical contact with the drug, such as holding a Molly pill.

Constructive Possession: Exercising control over a drug without direct contact, such as storing speed in a safe.

Joint Possession: Shared control over a drug by two or more individuals, such as a couple keeping a stash of smack in their nightstand.

It is also possible to possess drugs without owning them. For instance, if a friend stores your drugs, both you and your friend could be charged with possession.

The level of seriousness of the drug offense depends on the amount of the controlled substance a person is in possession of and the schedule of a drug. See the drug crimes penalties table below for additional information.

Unlawful Use of a Controlled Substance (CRS 18-18-404)

Under CRS 18-18-404, the use of controlled substances in Colorado constitutes a level 2 drug misdemeanor. This offense is generally punishable by a fine of up to $500 and a probation period of up to one year.

There are two notable exceptions to this law:

The individual possesses a valid prescription for the controlled substance.

The individual is using recreational marijuana in compliance with state regulations

Unlawful Distribution, Manufacturing, Dispensing, or Sale of a Controlled Substance (CRS 18-18-405)

CRS 18-18-405 criminalizes the following activities involving controlled substances:

Distribution: The act of delivering a controlled substance to another person.
Manufacturing: The production, preparation, propagation, compounding, or processing of a controlled substance.
Dispensing: The delivery of a controlled substance pursuant to the lawful order of a practitioner.
Sale: The exchange of a controlled substance for money or other valuable consideration.
Possession with intent to sell: The possession of a controlled substance coupled with evidence that a person intended to sell the controlled substance. Common evidence of possession with intent to sell includes baggies, bindles, scales, multiple individual baggies with similar pre-weighed quantities of drugs.

Under C.R.S. 18-18-405, Colorado’s drug distribution, manufacture and drug sales statute “it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.”

The level of seriousness of the drug dealing offense depends on the amount of the controlled substance a person distributed, manufactured, or sold and the schedule of the drug. See the drug crimes penalties table below for additional information.

Drug Special Offender DF1 (C.R.S. 18-18-407)

The Colorado Revised Statutes (C.R.S.) 18-18-407 defines “special offenders” and imposes enhanced penalties for specific drug-related offenses. These offenses are considered more severe due to certain aggravating factors, such as the involvement of large quantities of drugs, the use of firearms, or the distribution of drugs near schools.

What fact patterns give rise to drug special offender charges in Colorado?

Pattern of Criminal Activity: A person is deemed a special offender if they commit a felony drug offense as part of a pattern of manufacturing, selling, dispensing, or distributing controlled substances. This pattern must constitute a substantial source of the person’s income and demonstrate special skill or expertise.

Conspiracy: Engaging in a conspiracy to manufacture, sell, dispense, or distribute controlled substances, especially if the person organizes, plans, finances, directs, manages, or supervises the conspiracy.

Large Quantities of Drugs: Importing or introducing into Colorado more than 14 grams of Schedule I or II controlled substances, more than 7 grams of methamphetamine, heroin, ketamine, or cathinones, or more than 4 grams of fentanyl or its analogs.

Use of Firearms while committing drug offense: Using, displaying, or possessing a deadly weapon during the commission of a drug offense, or having access to a firearm in a manner that poses a risk to others.

Involving Minors: Soliciting, inducing, encouraging, or employing a minor to assist in the distribution, manufacturing, dispensing, sale, or possession of controlled substances.

Distribution Near Schools: Selling, distributing, or manufacturing controlled substances within 1,000 feet of schools, public housing developments, or school vehicles.

Continuing Criminal Enterprise: Engaging in a continuing series of violations involving five or more persons, where the offender holds a position of organizer, supervisor, or manager, and derives substantial income from these activities.

Drug Special Offender Penalties: Offenses under this statute are classified as level 1 drug felonies, which carry severe penalties, including lengthy prison sentences ranging from 12-32 years and substantial fines.

Offenses Related to Marijuana and Marijuana Concentrate (C.R.S. 18-18-406)

Although consumption of marijuana and the authorized sale of marijuana is legal in Colorado there are certain marijuana related activities that are illegal.

Under C.R.S.18-18-406 the following marijuana related activities are illegal:

(a) The sale, transfer, or dispensing of more than two and one-half pounds of marijuana or more than one pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony subject to the mandatory sentencing provision in section 18-1.3-401.5 (7).

(b) The sale, transfer, or dispensing of more than six ounces, but not more than two and one-half pounds of marijuana or more than three ounces, but not more than one pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 2 drug felony.

(c) The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana or more than one-half ounce, but not more than three ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony.

(d) The sale, transfer, or dispensing of not more than one ounce of marijuana or not more than one-half ounce of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony.

Other Drug Offenses in Colorado

Here are the remaining drug offenses defined in Colorado’s Uniform Controlled Substances Act

Unlawful Use or Possession of Synthetic Cannabinoids or Salvia Divinorum (C.R.S. 18-18-406.1)

It is unlawful to use or possess any amount of synthetic cannabinoids or salvia divinorum. Violations are classified as level 2 drug misdemeanors.

Unlawful Distribution, Manufacturing, Dispensing, Sale, or Cultivation of Synthetic Cannabinoids or Salvia Divinorum (C.R.S. 18-18-406.2)

This statute prohibits the distribution, manufacturing, dispensing, sale, or cultivation of synthetic cannabinoids or salvia divinorum. Violations can result in level 2 or level 3 drug felonies, depending on the circumstances.

Medical Use of Marijuana by Persons Diagnosed with Debilitating Medical Conditions – Unlawful Acts – Penalty – Medical Marijuana Program Cash Fund (C.R.S. 18-18-406.3)

This statute outlines the legal framework for the medical use of marijuana by individuals with debilitating medical conditions. It also specifies penalties for fraudulent representation and misuse of the medical marijuana program.

Unlawful Advertising of Marijuana – Exception (C.R.S. 18-18-406.4)

It is illegal for unlicensed individuals to advertise the sale of marijuana, marijuana concentrate, or marijuana products. Violations are classified as level 2 drug misdemeanors.

Unlawful Use of Marijuana in a Detention Facility (C.R.S. 18-18-406.5)

This statute makes it illegal to use marijuana in a detention facility. Violations are subject to penalties under Colorado law.

Extraction of Marijuana Concentrate – Definitions (C.R.S. 18-18-406.6)

It is unlawful to manufacture marijuana concentrate using inherently hazardous substances without proper licensing. Violations are classified as level 2 drug felonies.

Unlawful Distribution or Purchase of Dextromethorphan – Penalty – Preemption – Definitions (C.R.S. 18-18-406.9)

This statute prohibits the sale of dextromethorphan to individuals under 18 years of age and outlines penalties for violations. It also preempts local regulations on the distribution or purchase of dextromethorphan.

Reduction or Suspension of Sentence for Providing Substantial Assistance (C.R.S. 18-18-409)

The district attorney may request a reduction or suspension of the sentence for individuals who provide substantial assistance in the identification, arrest, or conviction of others for drug-related offenses.

Declaration of Class 1 Public Nuisance (C.R.S. 18-18-410)

Any property used for the unlawful storage, manufacture, sale, or distribution of controlled substances is declared a class 1 public nuisance and subject to abatement.

Keeping, Maintaining, Controlling, Renting, or Making Available Property for Unlawful Distribution or Manufacture of Controlled Substances (C.R.S. 18-18-411)

It is illegal to make property available for the unlawful distribution or manufacture of controlled substances. Violations are subject to penalties under Colorado law.

Abusing Toxic Vapors – Prohibited (C.R.S. 18-18-412)

This statute prohibits the abuse of toxic vapors and outlines penalties for violations.

Unlawful Possession of Materials to Make Methamphetamine and Amphetamine – Penalty (C.R.S. 18-18-412.5)

Possessing materials with the intent to manufacture methamphetamine or amphetamine is illegal and subject to severe penalties.

Sale or Distribution of Materials to Manufacture Controlled Substances (C.R.S. 18-18-412.7)

This statute prohibits the sale or distribution of materials intended for the manufacture of controlled substances. Violations can result in significant penalties.

Retail Sale of Methamphetamine Precursor Drugs – Unlawful Acts – Penalty (C.R.S. 18-18-412.8)

This statute regulates the retail sale of methamphetamine precursor drugs and outlines penalties for unlawful acts.

Authorized Possession of Controlled Substances (C.R.S. 18-18-413)

This statute outlines the conditions under which the possession of controlled substances is authorized.

Unlawful Acts – Licenses – Penalties (C.R.S. 18-18-414)

It is illegal to engage in certain acts related to controlled substances without proper licensing. Penalties for violations are specified under this statute.

Fraud and Deceit (C.R.S. 18-18-415)

This statute addresses fraudulent and deceitful acts related to controlled substances and outlines penalties for such offenses.

Controlled Substances – Inducing Consumption by Fraudulent Means (C.R.S. 18-18-416)

It is illegal to induce the consumption of controlled substances by fraudulent means. Penalties for violations are outlined in this statute.

Imitation and Counterfeit Controlled Substances Act (C.R.S. 18-18-419)

This statute addresses the manufacture, sale, and distribution of imitation and counterfeit controlled substances and outlines penalties for violations.

Imitation Controlled Substances – Definitions (C.R.S. 18-18-420)

This statute provides definitions related to imitation controlled substances.

Imitation Controlled Substances – Determination – Considerations (C.R.S. 18-18-421)

This statute outlines the considerations for determining whether a substance is an imitation controlled substance.

Imitation Controlled Substances – Violations – Penalties (C.R.S. 18-18-422)

Violations related to imitation controlled substances are addressed under this statute, with specified penalties.

Counterfeit Substances Prohibited – Penalty (C.R.S. 18-18-423)

This statute prohibits the manufacture, sale, and distribution of counterfeit substances and outlines penalties for violations.

Imitation Controlled Substances – Exceptions (C.R.S. 18-18-424)

This statute outlines exceptions related to imitation controlled substances.

Drug Paraphernalia – Legislative Declaration – Manufacture, Sale, or Delivery of Drug Paraphernalia – Penalty (C.R.S. 18-18-428)

This statute addresses the manufacture, sale, and delivery of drug paraphernalia and outlines penalties for violations.

Advertisement of Drug Paraphernalia – Penalty (C.R.S. 18-18-430)

It is illegal to advertise drug paraphernalia, with penalties specified under this statute.

Offenses Relating to Natural Medicine and Natural Medicine Product – Definitions (C.R.S. 18-18-434)

This statute addresses offenses related to natural medicine and natural medicine products and provides relevant definitions.

Statute of Limitations for Drug Offenses in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for drug offenses in Colorado depends on the classification of the drug.

Felony drug charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor drug charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Petty drug charges charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

Contact Colorado’s drug attorneys at The Aurora Criminal Defense Law Firm to Fight for You Today

If you’ve been charged with a drug offense contact the attorneys at The Aurora Criminal Defense Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining The The Aurora Criminal Defense Law Firm you can rest assured that:

The attorneys at The Aurora Criminal Defense Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
The attorneys at The Aurora Criminal Defense Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
The attorneys at The Aurora Criminal Defense Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
The attorneys at The Aurora Criminal Defense Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at The Aurora Criminal Defense Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at The Aurora Criminal Defense Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at The Aurora Criminal Defense Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At The Aurora Criminal Defense Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At The Aurora Criminal Defense Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.