Denver Drug Crimes

The Colorado legislature recently passed significant changes to Colorado drug crimes laws. The drug law changes eliminated prior traditional felony classifications and created new drug felony and misdemeanor designations.

The new drug crime laws significantly reduce the length of potential sentences and parole periods. However, hiring a knowledgeable drug crimes attorney is necessary to take advantage of the recent changes in the Colorado drug crime laws.

The new drug crime laws now require a review of alternative sentences prior to incarceration for certain types of drug offenses. The new Colorado drug laws have also reduced the penalties drug distribution when a person just shares or transfers an illegal drug.

Additionally, Colorado created a separate crime if a person sells drugs to a minor by an adult who is more than two years of age older than the minor. It is important to contact an experienced and knowledgeable Denver drug crimes attorney to review your options under the new drug crime laws.

Unlawful Possession of a Controlled Substance

It is unlawful for a person knowingly to possess a controlled substance. The person who violates this section of Colorado law by possessing: Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam, ketamine, or a drug listed as a schedule I or II controlled substance commits a level 4 drug felony; or

Any material, compound, mixture, or preparation that contains any quantity of a drug listed as a schedule III, IV, or V except flunitrazepam or ketamine commits a level 1 drug misdemeanor. LUnlawful Distribution, Manufacturing, Dispensing, or Sale of a Controlled Substance

It is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess a controlled substance; or more chemicals or supplies or equipment used to manufacture a controlled substance.

level 1 drug felony

A person commits a level 1 drug felony and is subject to mandatory sentencing provisions if:

  • The violation involves any material, compound, mixture, or preparation that weighs: More than two hundred twenty-five grams and contains a schedule I or schedule II controlled substance; or
  • More than one hundred twelve grams and contains methamphetamine, heroin, ketamine, or cathinone; or More than fifty milligrams and contains flunitrazepam; or
  • An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule I or schedule II controlled substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or schedule II controlled substance, other than marijuana or marijuana concentrate, to a minor and the adult is at least two years older than the minor;
  • If a person is convicted of a level 1 drug felony, the court shall sentence the person to a period of at least eight years in the department of corrections.

Level 2 drug felony

  • A person commits a level 2 drug felony if the violation involves any material, compound, mixture, or preparation that weighs: More than fourteen grams, but not more than two hundred twenty-five grams, and contains a schedule I or schedule II controlled substance; More than seven grams, but not more one hundred twelve grams, and contains methamphetamine, heroin, ketamine, or cathinone; or More than ten milligrams, but not more than fifty milligrams, and contains flunitrazepam; or An adult sells, dispenses, distributes, or otherwise transfers any quantity of a schedule III or schedule IV controlled substance or any material, compound, mixture, or preparation that contains any quantity of a schedule III or schedule IV controlled substance to a minor and the adult is at least two years older than the minor;

Level 3 drug felony

  • A person commits a level 3 drug felony if the violation involves any material, compound, mixture, or preparation that weighs: Not more than fourteen grams and contains a schedule I or schedule II controlled substance; Not more than seven grams and contains methamphetamine, heroin, ketamine, or cathinone; Not more than ten milligrams and contains flunitrazepam; or More than four grams and contains a schedule III or schedule IV controlled substance.

Level 4 drug felony

  • A person commits a level 4 drug felony if the violation involves any material, compound, mixture, or preparation that weighs not more than four grams and contains a schedule III or schedule IV controlled substance; or the violation involves distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person or persons at a time substantially contemporaneous with the transfer; except that this subparagraph (II) applies only if the distribution or transfer involves not more than four grams of a schedule I or II controlled substance or not more than two grams of methamphetamine, heroin, ketamine, or cathinone.

Level 1 drug misdemeanor

  • A person commits a level 1 drug misdemeanor if the violation involves a schedule V controlled substance; or A transfer with no remuneration of not more than four grams of a schedule III or schedule IV controlled substance.

Unlawful Use of a Controlled Substance

  • Any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a level 2 drug misdemeanor. 

An experienced Denver drug crimes attorney will be able to help you navigate the new Colorado drug laws. Contact Brian Musell at Musell Law today to find out how we can defend your drug crimes case and protect your constitutional rights.