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Possession Of Fentanyl

Fentanyl is a popular synthetic drug originally manufactured as an analgesic for pain management for surgeries in hospitals. The chemical compounds in fentanyl can be manufactured and modified to create more potent and dangerous drugs which can easily cause death.

Typically, fentanyl is grouped in with other synthetic drugs when it comes to laws against drugs in Colorado and in states across the county. But fentanyl is much more dangerous than many similar drugs. Only two milligrams of fentanyl can kill a person.

Frequently, drugs manufactured or sold on the street are laced with fentanyl and other synthetic opioids. The effects can be deadly when an unsuspecting individual takes a drug laced with fentanyl.

Denver Possession of Fentanyl Attorney

If you have been arrested for possession of fentanyl, contact Law Office of Matthew A. Martin, P.C.. Drug crime lawyer Matthew Martin at Law Office of Matthew A. Martin, P.C. has over 26 years of experience in criminal law and is skilled in defending fentanyl possession charges. He understands what is needed to protect you and your future.

To have Law Office of Matthew A. Martin, P.C. aggressively advocate for your rights, call (303) 725-0017 to schedule a free consultation. Law Office of Matthew A. Martin, P.C. serves individuals throughout the greater Denver area including Douglas County, Jefferson County, Adams County, Arapahoe County, and Broomfield County.


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Colorado’s Current Drug Law

Under Colorado’s current drug law, fentanyl is grouped with other synthetic drugs. It is a level one drug misdemeanor to knowingly possess or control over four grams or less of fentanyl. A level one drug misdemeanor carries a punishment of six to eighteen months in jail and up to $5,000 in fines. However, a judge may simply require probation for possession which could also include 180 days of jail time and up to $1,000 in fines.

Due to the increased fatalities due to fentanyl, many lawmakers in Colorado have introduced a bill that would change the punishments for possessing and distributing fentanyl. Since possessing just four grams of fentanyl could be over 13,000 fatal doses, lawmakers feel the penalty for possessing that quantity should be more than a misdemeanor.


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Colorado’s Proposed New Law

The state of Colorado is on the path to resolving the cause of Colorado’s fentanyl crisis. Currently, the state legislature in Colorado is debating and reviewing a potential law that, if passed, could impose mandatory prison sentences for anyone who sells fentanyl that ends up killing someone. The bill also sets aside funds dedicated to addiction and education programs.

The new law also makes the possession of any fentanyl a felony. Even the smallest amount of fentanyl can land someone with a felony conviction. Although this felony conviction can be reduced to a misdemeanor if the accused undergoes a treatment program.

It is important to understand that this bill is not law yet. It is still up for debate in the legislature and may or may not be signed into law. Before it is signed into law, the bill will likely undergo several changes. As a Colorado resident, be vigilant about the changing drug laws.


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Current Penalties For Possession Of Fentanyl

Penalties for possessing fentanyl depend on the amount of the drug found on a person and in their possession.

Under Colorado law, possession of fentanyl is currently a level one drug misdemeanor to knowingly possess or have control over four grams or less of fentanyl. A level one drug misdemeanor carries a punishment of six to eighteen months in jail and up to $5,000 in fines. However, a judge may simply require probation for possession which could also include 180 days of jail time and up to $1,000 in fines.

The penalty will increase depending on the number of prior convictions for possession of fewer than four grams. A fourth-time conviction of fewer than four grams is considered a level four drug felony. A level four drug felony carries the penalty of six to twelve months in prison, one year of parole, and a fine of anywhere from $1,000 to $100,000.

Possessing any amount over four grams is automatically a level four drug felony conviction, whether it is the first time convicted or the fourth time convicted. A level four drug felony carries the penalty of six to twelve months in prison, one year of parole, and a fine of anywhere from $1,000 to $100,000.

A defendant on parole or still incarcerated while possessing fentanyl or other drugs can be charged with an aggravated drug felony sentence of nine months to two years in prison.


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Defenses

A few defenses are often used for people accused of possessing or using drugs such as fentanyl in Colorado. These defenses include:

  • Law enforcement committing a fourth amendment (improper search or seizure) violation in obtaining the drug
  • Other law enforcement misconduct like coercing a confession, planting evidence, or failing to read Miranda rights
  • The drug did not belong to the accused
  • The accused did not knowingly possess the drug

An experienced drug crime attorney in Colorado can build a defense to help anyone accused of a drug crime.


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Additional Resources

Colorado New Fentanyl Bill–This link is a direct link to the most current bill that would affect the possession of fentanyl in Colorado. It is currently being debated in the legislature and is not yet law, but it could be soon.

Colorado Behavioral Health Administration – The Colorado Behavioral Health Administration is a government program that provides free resources to those struggling with drug use. Their website offers links to other resources to assist with the treatment and education to help reduce the amount of drug use in Colorado.


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Colorado Possession of Fentanyl Lawyer | Denver, CO

If you have been arrested for possession of fentanyl, representation by a lawyer may help you avoid the most serious consequences that can be imposed by the court—and may even result in the complete dismissal of your case. To retain a practiced criminal defense attorney that can fight on your behalf, contact Law Office of Matthew A. Martin, P.C..

Law Office of Matthew A. Martin, P.C. serves clients in Denver including Boulder, Englewood, Broomfield, Golden, Lakewood, Arvada, and Greeley. Call (303) 725-0017 to schedule a free consultation with Law Office of Matthew A. Martin, P.C. as soon as possible.


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