Facing drug possession charges in Colorado can be very intimidating. The courts are not on your side, and are not inclined to be sympathetic. We know how it feels to be in front of a judge who is deciding your fate. We know because we have the experience you are looking for when choosing an attorney. You need the help of someone who will be on your side, and fighting for your best interests in that courtroom.
You may be looking at hefty fines and the possibility of jail time. The prospect of a limited future can be very frightening. When you are unsure what to do next or who to turn to, turn to experienced and an aggressive Colorado drug possession defense lawyer.
Whether you are innocent of the charges against you or if you did something you now regret, we can help. We know that everyone makes mistakes and we are here to listen. And most importantly, we are there to fight for you and only you, to get the best possible outcome in court.
Our defense attorneys are experienced in drug cases in Colorado courts. We are prepared to challenge prosecution evidence, and file motions to suppress the evidence against you on grounds of illegal search.
Contact us for a free consultation on how we can help you.
Colorado Drug Classifications
Colorado drug law classifies controlled substances under Federal drug “schedules”. Controlled substances are categorized by their risk of addition.The drug substance you are accused of possession affects the charges and possible sentences if you are found guilty of drug possession charges.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and “no legitimate medical use”. Drugs included under this heading include LSD, marijuana, heroin, mescaline, and peyote.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.
Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.
Colorado Drug Possession – Laws & Penalties
You may be charged with possession if you are in control of a controlled substance. This means the drugs do not have to be in your pocket but maybe in your glove box or in an easily accessible area. An illegal drug that is knowingly under your control is a possession charge under Colorado law.
If you are charged with possession, the sentence you face depends on the substance you are caught with.
All drug possession charges and penalties are classified by Schedule, except for Marijuana possession.
| Substance / Drug |
Charge | Potential Sentence for Possession |
| Schedule I or II, 1st offense | Class 3 Felony | 4-12 years in prison and fines of $3,000- $750,000 |
| Schedule I or II, 2nd offense | Class 2 felony | 8-24 years in prison and $5,000- $1 million |
| Schedule III, 1st offense | Class 4 felony | 2-6 years in prison and fines of $2,000- $500,000 |
| Schedule III, 2nd offense | Class 3 felony | 4-12 years in prison and fines of $3,000- $750,000 |
| Schedule IV, 1st offense | Class 5 felony | 1-3 years in prison and fines of $1,000- $100,000 |
| Schedule IV, 2nd offense | Class 4 felony | 2-6 years in prison and fines of $2,000- $500,000 |
| Schedule V, 1st offense | Class 1 misdemeanor | 6-18 months in jail and fines of $500-$5,000 |
| Schedule V, 2nd offense | Class 5 felony | 1-3 years in prison and fines of $1,000- $100,000 |
Ref: CRS 18-18-405
If you are caught with less than one gram of any controlled substance, your charge and potential sentence could be significantly lower.
An experienced Colorado drug possession defense attorney can often significantly increase the likelihood that you will serve probation, particularly on a first time charge.
Busted on a Drug Possession Charge in CO? Get A Free Legal Consultation
If you are facing possession charges and don’t know what to to, please call us for an evaluation of your case. We can help walk you through your options and what is likely to result from your court appearances.
You want an aggressive, determined attorney going to bat for you. We will work hard to ensure you get the best possible outcome, fight to keep your record clean, and let you get on with your life.