Colorado Drug Crime Penalty Chart

Colorado drug penalties vary substantially depending on the controlled substance involved, the amount allegedly possessed, whether prosecutors claim the drugs were intended for distribution, whether a minor was involved, and whether aggravating circumstances apply. Colorado separates drug offenses into drug petty offenses, level 1 and level 2 drug misdemeanors, and level 1 through level 4 drug felonies. Each classification carries its own potential jail or prison term, fine range, probation consequences, and record-sealing rules.

A relatively small possession case may be charged as a misdemeanor, while possession of certain drugs, including ketamine, or larger quantities can result in a felony. Distribution, manufacturing, possession with intent, prescription fraud, providing drugs to minors, counterfeit drugs, and special-offender allegations can expose a person to substantially greater penalties.

The following Colorado drug penalty chart covers many of the most frequently charged offenses, including fentanyl, ketamine, cocaine, heroin, methamphetamine, LSD, Adderall, marijuana, synthetic drugs, imitation drugs, prescription fraud, possession with intent, drug paraphernalia, and sale or manufacture of controlled substances.

Colorado Drug Crime Defense Lawyer

If you have been arrested or charged with a drug crime in Colorado, the name of the controlled substance does not by itself determine the possible sentence. Drug type, weight, prior convictions, alleged intent to distribute, the involvement of minors, weapons, and other aggravating circumstances can all change the classification of the offense.

Colorado criminal defense attorney Matthew Martin at The Law Office of Matthew Martin can review the alleged drug quantity, laboratory evidence, search and seizure, statements made to law enforcement, and the circumstances surrounding the arrest to determine what penalties actually apply and what defenses may be available.

Call 303.725.0017 today to schedule a free consultation with The Law Office of Matthew Martin.

The Law Office of Matthew A. Martin, P.C. represents clients throughout Denver and the surrounding Colorado communities, including Aurora, Boulder, Westminster, Englewood, Parker, Castle Rock, Louisville, Greeley, and communities throughout Adams, Arapahoe, Jefferson, Douglas, Boulder, Broomfield, and Denver Counties.


Overview of Drug Crime Penalties in Colorado


Back to top

Comprehensive Colorado Drug Penalty Chart

Because many Colorado drug offenses change classification based on the drug and quantity involved, some rows below contain a range of possible classifications rather than a single penalty.

As a general sentencing reference, Colorado’s presumptive drug-felony ranges are: 8–32 years for a level 1 drug felony; 4–8 years for a level 2 drug felony; 2–4 years for a level 3 drug felony; and 6 months–1 year for a level 4 drug felony. Aggravated sentencing can increase the ranges for level 2 through level 4 offenses. Drug misdemeanors have separate sentencing ranges.

Drug Offense Typical Colorado Classification Potential Jail / Prison Potential Fine Probation / Treatment Can It Be Sealed?
Possession of a Controlled Substance – Schedule I or II Generally Level 1 Drug Misdemeanor at 4 grams or less; Level 4 Drug Felony over 4 grams, subject to drug-specific exceptions L1 DM: 6–18 months; L4 DF: presumptive 6 months–1 year L1 DM: generally $500–$5,000; L4 DF: $1,000–$100,000 Probation frequently possible; treatment may be emphasized in possession cases Generally yes if otherwise eligible: drug misdemeanor after 2 years; Level 2–4 drug felony after 3 years
Possession of Fentanyl Less than 1 gram generally Level 1 Drug Misdemeanor; 1 gram or more may be Level 4 Drug Felony; highly concentrated fentanyl may qualify as Level 2 Drug Felony From misdemeanor range up to 4–8 years presumptive for L2 DF Varies by level Probation may be possible depending on classification; felony possession statutes favor consideration of alternatives in appropriate cases L1 DM and L2–4 DF may be sealable if statutory requirements are met
Possession of Ketamine Level 4 Drug Felony, even at quantities that would make many other possession offenses misdemeanors Presumptive 6 months–1 year; aggravated 1–2 years $1,000–$100,000 presumptive fine range Probation/community-based alternatives may be available Generally yes after 3 years, if otherwise eligible
Cocaine Possession Generally L1 drug misdemeanor at 4 grams or less; L4 drug felony above 4 grams Up to misdemeanor range or presumptive 6 months–1 year for L4 DF Varies by classification Probation and treatment may be available Generally sealable if otherwise eligible
Heroin Possession Generally L1 drug misdemeanor at 4 grams or less; L4 drug felony above 4 grams Up to misdemeanor range or presumptive 6 months–1 year for L4 DF Varies Probation/treatment may be available Generally sealable if eligible
Methamphetamine Possession Generally L1 drug misdemeanor at 4 grams or less; L4 drug felony above 4 grams Up to misdemeanor range or presumptive 6 months–1 year for L4 DF Varies Probation/treatment may be available Generally sealable if eligible
LSD Possession As a Schedule I controlled substance, generally L1 drug misdemeanor at 4 grams or less; L4 drug felony above 4 grams Up to misdemeanor range or presumptive 6 months–1 year for L4 DF Varies Probation may be available Generally sealable if eligible
Unlawful Possession of Adderall / Amphetamine Unauthorized possession of a Schedule II controlled substance generally follows the Schedule I/II possession thresholds L1 DM or L4 DF depending on amount Varies Probation/treatment may be available Generally sealable if eligible
Unlawful Use of a Controlled Substance Level 2 Drug Misdemeanor Up to 364 days jail Up to $750 Probation commonly possible; treatment may be ordered Generally sealable after applicable waiting period
Possession With Intent to Distribute – Schedule I or II Usually Level 1, 2, or 3 Drug Felony depending on weight 2–32 years depending on level Up to $1 million for L1 DF Probation may be possible for some L2/L3 cases; L1 generally requires incarceration L2/L3 may potentially be sealed; L1 drug felony generally cannot
Sale / Distribution / Manufacture of Controlled Substance Usually Level 1–4 Drug Felony or, for limited lower-schedule conduct, a drug misdemeanor Depends on substance and weight Depends on felony level Probation eligibility depends heavily on classification and circumstances L2–4 may potentially be sealed; L1 generally cannot
Providing Schedule I or II Drugs to a Minor Level 1 Drug Felony when adult is at least 2 years older than the minor 8–32 years $5,000–$1,000,000 Level 1 drug felony generally requires incarceration No ordinary sealing
Providing Schedule III or IV Drugs to a Minor Level 2 Drug Felony under qualifying circumstances Presumptive 4–8 years $3,000–$750,000 Probation may be possible in appropriate cases Potentially after required waiting period
Prescription Drug Fraud / Fraud and Deceit to Obtain Controlled Substances Level 4 Drug Felony Presumptive 6 months–1 year $1,000–$100,000 Probation often legally possible Generally potentially sealable after 3 years
Imitation Drugs – Manufacture, Distribution, or Possession With Intent Level 4 Drug Felony Presumptive 6 months–1 year $1,000–$100,000 Probation may be available Generally potentially sealable
Imitation Drugs Provided to a Minor Level 3 Drug Felony when qualifying age difference applies Presumptive 2–4 years $2,000–$500,000 Probation may be possible Generally potentially sealable after 3 years
Advertising Imitation Controlled Substances Level 1 Drug Misdemeanor 6–18 months $500–$5,000 Probation possible Generally potentially sealable after 2 years
Counterfeit Controlled Substances Level 3 Drug Felony for manufacture, delivery, or possession with intent Presumptive 2–4 years $2,000–$500,000 Probation may be possible Generally potentially sealable
Possession / Use of Synthetic Cannabinoids or Salvia Level 2 Drug Misdemeanor Up to 364 days Up to $750 Probation/treatment possible Generally potentially sealable
Distribution / Manufacture of Synthetic Cannabinoids or Salvia Level 3 Drug Felony Presumptive 2–4 years $2,000–$500,000 Probation may be possible Generally potentially sealable
Synthetic Drugs Provided to a Minor Level 2 Drug Felony under qualifying circumstances Presumptive 4–8 years $3,000–$750,000 Probation may be possible Potentially sealable if otherwise eligible
Marijuana Possession – More Than 2 oz. but Not More Than 6 oz. Level 2 Drug Misdemeanor Up to 364 days Up to $750 Probation possible Generally potentially sealable
Marijuana Possession – More Than 6 oz. Level 1 Drug Misdemeanor 6–18 months $500–$5,000 Probation possible Generally potentially sealable
Illegal Marijuana Cultivation – 6 or Fewer Plants Level 1 Drug Misdemeanor, where not otherwise constitutionally or legally authorized 6–18 months $500–$5,000 Probation possible Generally potentially sealable
Illegal Marijuana Cultivation – More Than 6 but Not More Than 30 Plants Level 4 Drug Felony Presumptive 6 months–1 year $1,000–$100,000 Probation may be possible Generally potentially sealable
Illegal Marijuana Cultivation – More Than 30 Plants Level 3 Drug Felony Presumptive 2–4 years $2,000–$500,000 Probation may be possible Generally potentially sealable
Marijuana Distribution / Possession With Intent From Level 1 Drug Misdemeanor to Level 1 Drug Felony, based mainly on quantity From misdemeanor sentence up to 8–32 years Up to $1 million for L1 DF Depends on classification L1 drug felony generally not sealable; lower levels may qualify
Manufacturing Marijuana Concentrate With an Inherently Hazardous Substance Level 2 Drug Felony Presumptive 4–8 years $3,000–$750,000 Probation may be possible Generally potentially sealable
Possession of Materials to Manufacture Methamphetamine / Amphetamine Level 2 Drug Felony Presumptive 4–8 years $3,000–$750,000 Probation may be possible Generally potentially sealable
Selling Materials to Manufacture Controlled Substances Level 2 Drug Felony Presumptive 4–8 years $3,000–$750,000 Probation may be possible Generally potentially sealable
Drug Paraphernalia Possession Drug Petty Offense Generally no ordinary jail range Fine of up to $100 Probation generally unnecessary for simple petty-offense disposition Generally potentially sealable after 1 year
Sale / Delivery of Drug Paraphernalia Level 2 Drug Misdemeanor Up to 364 days Up to $750 Probation possible Generally potentially sealable after 2 years
Special Offender Drug Charge Treated as Level 1 Drug Felony when statutory aggravating circumstances under C.R.S. § 18-18-407 apply Generally 8–32 years, with enhanced minimum treatment under applicable sentencing provisions Up to $1 million Very limited because L1 drug felony requires incarceration Generally not sealable

Colorado’s current classification materials establish the underlying possession thresholds, distribution levels, marijuana classifications, imitation and counterfeit drug offenses, synthetic-drug crimes, prescription fraud, and paraphernalia offenses reflected above.


Back to top

Colorado Drug Felony Sentencing Chart

Colorado uses a special sentencing scheme for drug felonies rather than the ordinary class 1 through class 6 felony system.

Drug Felony Level Presumptive Prison Range Aggravated Range Fine Mandatory Parole
Level 1 Drug Felony 8–32 years Special mandatory sentencing rules apply $5,000–$1,000,000 3 years
Level 2 Drug Felony 4–8 years 8–16 years $3,000–$750,000 2 years
Level 3 Drug Felony 2–4 years 4–6 years $2,000–$500,000 1 year
Level 4 Drug Felony 6 months–1 year 1–2 years $1,000–$100,000 in the presumptive range 1 year

Not every person convicted of a level 2, 3, or 4 drug felony is automatically sentenced to prison. Colorado recognizes alternatives including deferred prosecution, deferred sentencing, probation, and community corrections. Level 1 drug felonies, however, carry a mandatory Department of Corrections sentencing structure.


Back to top

Colorado Drug Misdemeanor Penalties

Drug misdemeanors have their own sentencing structure.

Classification Potential Sentence
Level 1 Drug Misdemeanor 6–18 months, a fine of $500–$5,000, or both
Level 2 Drug Misdemeanor From a $50 fine up to 364 days in jail and/or $750 fine
Drug Petty Offense Penalty depends on the statute; simple drug-paraphernalia possession carries a fine of up to $100

Colorado’s Legislative Council notes that many defendants convicted of drug misdemeanors receive probation rather than county-jail sentences.


Back to top

Possession of a Controlled Substance Penalties

Colorado’s basic possession statute is C.R.S. § 18-18-403.5. For many Schedule I and Schedule II controlled substances, possession of not more than four grams is generally a level 1 drug misdemeanor, while possession of more than four grams is generally a level 4 drug felony.

That general rule covers drugs such as cocaine, heroin, methamphetamine, LSD, and unlawfully possessed Schedule II prescription stimulants such as amphetamine-based medications, subject to the exact substance and circumstances.

There are important exceptions. Possession of any quantity of ketamine, flunitrazepam, gamma hydroxybutyrate, or cathinones is treated as a level 4 drug felony under the possession statute.


Back to top

Fentanyl Possession Penalties

Fentanyl has its own additional provisions under Colorado law. Colorado’s current statutory classification materials provide that possession of a mixture weighing less than one gram and containing fentanyl, carfentanil, benzimidazole opiate, or an analog is generally a level 1 drug misdemeanor, while possession of one to four grams is a level 4 drug felony. A fourth or subsequent offense involving less than one gram may also become a level 4 drug felony.

Colorado also provides a more serious level 2 drug felony classification when fentanyl, carfentanil, a benzimidazole opiate, or an analog constitutes more than 60% of the material’s total composition.

Because fentanyl cases can turn on both the total weight of the mixture and its chemical composition, laboratory testing can be especially important when determining the actual penalty range.


Back to top

Ketamine Possession Penalties

Ketamine is treated differently from many Schedule I and Schedule II controlled substances for simple possession. Under Colorado’s current possession law, any quantity of ketamine can constitute a level 4 drug felony, rather than falling within the general four-gram misdemeanor threshold.

A level 4 drug felony carries a presumptive prison range of six months to one year and a presumptive fine range of $1,000 to $100,000, although probation and other community-based alternatives may be available depending on the case.


Back to top

Cocaine, Heroin, Methamphetamine, LSD, and Adderall Possession

For many common Schedule I and Schedule II drugs, Colorado uses the same basic possession threshold.

Possession of four grams or less is generally a level 1 drug misdemeanor, while possession of more than four grams can become a level 4 drug felony.

This framework commonly applies to:

The specific identity of the drug becomes even more important when prosecutors allege distribution or possession with intent, because some substances have special weight thresholds.


Back to top

Possession With Intent to Distribute Penalties

Possession with intent to distribute is significantly more serious than simple possession. Colorado generally treats it under the same statute governing unlawful manufacture, distribution, dispensing, and sale.

For many Schedule I and II substances, the classification is generally:

Amount Typical Classification
14 grams or less Level 3 Drug Felony
More than 14 grams but not more than 225 grams Level 2 Drug Felony
More than 225 grams Level 1 Drug Felony

Different thresholds apply to methamphetamine, heroin, ketamine, and cathinones:

Amount Classification
7 grams or less Level 3 Drug Felony
More than 7 grams but not more than 112 grams Level 2 Drug Felony
More than 112 grams Level 1 Drug Felony

Colorado’s classification guide expressly identifies these weight thresholds for distribution, manufacturing, sale, and possession with intent.


Back to top

Sale or Manufacture of a Controlled Substance

Colorado law generally places selling, manufacturing, dispensing, distributing, and possessing with intent to distribute within C.R.S. § 18-18-405.

The severity of the charge depends heavily on the controlled substance and amount. A relatively small Schedule I or II distribution case may still constitute a level 3 drug felony, while sufficiently large quantities can result in a level 1 drug felony carrying 8 to 32 years in prison.

Schedule III and IV substances are treated differently. Distribution involving more than four grams may constitute a level 3 drug felony, while smaller quantities can be classified as a level 4 drug felony in many circumstances. Certain Schedule V distribution offenses may constitute a level 1 drug misdemeanor.


Back to top

Providing Drugs to Minors

Colorado imposes particularly severe penalties when an adult provides drugs to a minor.

An adult who is at least two years older than the minor and sells, distributes, dispenses, or otherwise transfers a Schedule I or II controlled substance to the minor can be charged with a level 1 drug felony. Providing qualifying Schedule III or IV substances to a minor can constitute a level 2 drug felony.

Marijuana has its own graduated penalties based on quantity. Providing more than two and one-half pounds of marijuana or more than one pound of concentrate to a minor can be a level 1 drug felony, while lower quantities may constitute level 2, 3, or 4 drug felonies.

Providing an imitation controlled substance to a minor can also constitute a level 3 drug felony when the statutory age requirements are satisfied.


Back to top

Prescription Drug Fraud Penalties

Colorado makes it a crime to use fraud or deceit to obtain a controlled substance. Conduct prohibited by C.R.S. § 18-18-415 is classified as a level 4 drug felony.

Prescription drug fraud can include conduct such as using fraudulent information, misrepresentation, deception, or other unlawful methods to obtain controlled medication. Depending on the facts, additional forgery, identity theft, or fraud charges may also be possible.

A level 4 drug felony carries a presumptive range of six months to one year, although Colorado law permits probation and other alternatives in appropriate cases.


Back to top

Imitation Drug Penalties

Colorado also criminalizes conduct involving substances that are represented as controlled substances even when they are not actually the drug they purport to be.

Manufacturing, distributing, or possessing with intent to distribute an imitation controlled substance is generally a level 4 drug felony. An adult who provides an imitation controlled substance to a qualifying minor can face a level 3 drug felony. Advertising or soliciting the distribution of imitation controlled substances can constitute a level 1 drug misdemeanor.


Back to top

Counterfeit and Synthetic Drug Penalties

A counterfeit-drug offense is different from an imitation-drug offense. Colorado treats it as a level 3 drug felony to knowingly manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance bearing another manufacturer’s unauthorized trademark, trade name, imprint, number, or identifying mark.

Synthetic cannabinoids and salvia divinorum are governed by separate statutes. Using or possessing these substances is generally a level 2 drug misdemeanor, while manufacture, distribution, sale, or possession with intent to distribute can constitute a level 3 drug felony. Providing these substances to a minor under qualifying circumstances can be a level 2 drug felony.


Back to top

Marijuana Possession Penalties

Although recreational marijuana is legal for adults within Colorado’s constitutional limits, possession outside those limits remains punishable.

Colorado currently classifies possession of more than two ounces but not more than six ounces of marijuana as a level 2 drug misdemeanor. Possession of more than six ounces is a level 1 drug misdemeanor. Marijuana concentrate has separate weight thresholds.

The legality of a particular possession case can also depend on age, location, medical-marijuana status, whether the substance was lawfully obtained, and other statutory or constitutional exceptions.


Back to top

Marijuana Cultivation Penalties

Colorado law also limits the number of marijuana plants that may lawfully be cultivated.

Outside applicable constitutional, medical-marijuana, or local-law exceptions, the general criminal classifications include:

  • Six or fewer plants: Level 1 drug misdemeanor;
  • More than six but not more than 30 plants: Level 4 drug felony; and
  • More than 30 plants: Level 3 drug felony.

Residential cultivation has additional restrictions, and repeat violations can result in increased consequences.


Back to top

Drug Paraphernalia Penalties

Simple possession of drug paraphernalia is one of Colorado’s least serious drug offenses. A person who possesses paraphernalia while knowing it could be used to violate state drug law commits a drug petty offense punishable by a fine of no more than $100.

Selling, delivering, manufacturing for sale, or possessing paraphernalia with intent to sell is more serious and constitutes a level 2 drug misdemeanor. Advertising drug paraphernalia is also a level 2 drug misdemeanor.


Back to top

Special Offender Drug Charges

Colorado’s special offender statute, C.R.S. § 18-18-407, can dramatically increase the consequences of an otherwise lower-level drug felony.

Qualifying aggravating circumstances can include a pattern of manufacturing or distributing controlled substances, using or possessing and threatening the use of a deadly weapon during the offense, or using a child as an agent in the drug offense. Colorado’s sentencing materials identify these factors as circumstances capable of increasing drug-felony sentencing.

A qualifying special-offender case is treated as a level 1 drug felony, making the defendant potentially subject to the state’s most serious drug-felony sentencing provisions. Special-offender convictions are also specifically identified by the Colorado Judicial Branch as convictions that generally cannot be sealed.


Back to top

Probation and Alternative Sentencing for Colorado Drug Crimes

A felony classification does not automatically mean every Colorado drug defendant will go to prison. For level 2, level 3, and level 4 drug felonies, Colorado recognizes sentencing alternatives such as probation, deferred sentencing, diversion, and community corrections when the defendant is legally eligible and the court finds the disposition appropriate.

Possession cases in particular may involve treatment-focused sentencing. Colorado’s drug laws were restructured in part to encourage alternatives to incarceration for many lower-level possession offenses.

A level 1 drug felony is different. Colorado’s level 1 drug-felony sentencing statute generally requires incarceration in the Department of Corrections for between 8 and 32 years.


Back to top

Community Service for Colorado Drug Convictions

Colorado’s drug-offender public-service provisions generally call for minimum useful public-service requirements of 48 hours for a felony drug offender, 24 hours for a misdemeanor drug offender, and 16 hours for a drug petty offense, subject to statutory exceptions.

The requirement does not ordinarily apply in the same way when the defendant is sentenced to the Department of Corrections or directly to community corrections, and a court may suspend public-service requirements when completion would interfere with appropriate treatment or other probation requirements.


Back to top

Can Colorado Drug Convictions Be Sealed?

Unlike DUI convictions, many Colorado drug convictions can eventually be sealed.

For a single conviction, current Colorado Judicial Branch guidance identifies the following general waiting periods:

Conviction General Waiting Period for Sealing
Drug Petty Offense 1 year or more after final disposition
Any Drug Misdemeanor 2 years or more after final disposition
Level 2, Level 3, or Level 4 Drug Felony 3 years or more after final disposition
Level 1 Drug Felony Generally not eligible
Special Offender Conviction Generally not eligible

Colorado also excludes special-offender convictions and level 1 drug felonies from ordinary conviction sealing. Restitution generally must be paid or the restitution order vacated before an eligible conviction can be sealed.

The rules are different for multiple convictions. The Colorado Judicial Branch currently identifies longer waiting periods—generally two years for drug petty offenses, five years for drug misdemeanors, and ten years for eligible drug felonies—when a person seeks to seal multiple conviction records under the separate multiple-conviction procedure.

Dismissed cases, acquittals, diversion cases, and deferred judgments may also qualify under separate sealing procedures and should not automatically be evaluated under the conviction waiting periods.


Back to top

Additional Resources

Colorado General Assembly – Crime Classification GuideThe Colorado Legislative Council’s Crime Classification Guide is one of the most useful resources for identifying Colorado drug offenses and their classifications. It lists drug felonies, drug misdemeanors, drug petty offenses, possession thresholds, distribution offenses, marijuana crimes, synthetic drugs, counterfeit drugs, prescription fraud, and paraphernalia offenses. The current guide cited here is current through the 2025 regular legislative session.

Colorado Revised Statutes – C.R.S. § 18-18-403.5This statute governs unlawful possession of controlled substances and is the primary source for determining whether possession is a misdemeanor or felony based on the type and amount of the drug. It also contains special rules for fentanyl and certain other substances.

Colorado Judicial Branch – Sealing Criminal RecordsThe Colorado Judicial Branch provides current guidance concerning drug-record sealing. It identifies the general waiting periods for drug petty offenses, drug misdemeanors, and level 2 through level 4 drug felonies and explains which offenses—including level 1 drug felonies and special-offender convictions—are excluded from ordinary sealing.


Back to top

Colorado Drug Penalties Attorney

A Colorado drug penalty chart can provide a useful starting point, but the actual consequences of a drug charge depend on much more than the name of the substance. A few grams can sometimes determine whether a defendant faces a misdemeanor or felony, while allegations of distribution, manufacturing, providing drugs to minors, prescription fraud, counterfeit drugs, or special-offender circumstances can increase the sentencing exposure dramatically.

The evidence supporting the alleged weight and identity of the substance should also be carefully examined. Laboratory testing, packaging, search-and-seizure issues, constructive-possession allegations, text messages, cash, scales, firearms, and other evidence may all affect whether prosecutors can prove simple possession or a more serious distribution offense.

If you have been charged with possession of fentanyl, ketamine, cocaine, heroin, methamphetamine, LSD, marijuana, unlawful prescription drugs, possession with intent, drug distribution, prescription fraud, or another Colorado drug crime, attorney Matthew Martin at The Law Office of Matthew Martin can review the charge and explain the penalties and defenses that may apply.

Call 303.725.0017 today to schedule a free consultation with The Law Office of Matthew Martin.

The Law Office of Matthew A. Martin, P.C. represents clients throughout Denver County, Adams County, Arapahoe County, Jefferson County, Douglas County, Boulder County, Broomfield County, and communities throughout the greater Denver area.

Avvo Rating
National Association of Criminal Defense Lawyers
Colorado Criminal Defense Bar
National College for DUI Defense
Better Business Bureau