Possession of Methamphetamines
Methamphetamine is a schedule II controlled substance. It is also known as meth, crystal, chalk, or ice. Meth is a stimulant that is occasionally used by doctors to treat ADHD, narcolepsy, or obesity. Still, prescriptions are rare since meth is highly abused.
Meth is frequently white, odorless, bitter-tasting crystals or powder, and it can be ingested orally, smoked, snorted, or dissolved and injected. However, recreational meth is commonly found because of the euphoria a user can experience when ingested quickly. Users typically will use meth repeatedly to try to maintain a euphoric state.
Due to the euphoric nature of the drug, many users quickly become addicted. Addiction can be seen by decreased motor skills, impaired listening skills, changes in emotion and memory, extreme weight loss, dental problems, and skin sores.
Denver Possession of Methamphetamines Attorney
If you or someone you know has been charged with possession of methamphetamines in Denver, then it’s within your best interest to obtain legal representation as soon as possible. Exercise your right to remain silent until you have a strong defense team behind you such as the attorneys at Law Office of Matthew A. Martin, P.C..
Law Office of Matthew A. Martin, P.C. knows the ins and outs of Colorado’s drug statutes. Using our experience in criminal law, we will help you achieve a favorable outcome for your case. Law Office of Matthew A. Martin, P.C. accepts drug cases in Denver, CO including Boulder, Englewood, Littleton, Aurora, Westminster, Golden, Lakewood, Arvada, Brighton, Evergreen, and Centennial.
- Penalties For Methamphetamine Use
- Penalties For Possession Of Methamphetamine
- Penalties For Possession With Intent To Sell Methamphetamine
- Defenses for Possession Of Methamphetamines
- Additional Resources
Unlawfully using meth is different than possessing meth. Usually, both crimes are charged together. However, when an individual is found only using meth but not possessing meth, it is a level 2 drug misdemeanor.
Under the Colorado statute, a level 2 drug misdemeanor can land the accused up to 12 months in county jail and/or $50 – $750 in fines. Courts have imposed lighter penalties for drug use of probation up to one year, 120 days in jail, and up to $500 in fines. The penalties depend significantly upon the prosecutor and the judge overseeing the case.
Penalties for possessing methamphetamine are more severe than the penalties for using meth. The penalties vary depending on the amount of meth found on a person and in their possession.
Under Colorado law, possession of meth is a level one drug misdemeanor to knowingly have possession of or have control over four grams or less of meth. 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 times a person has been convicted for possessing meth under 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 ranging from $1,000 to $100,000.
Possessing any amount over four grams of meth is automatically a level four drug felony conviction. 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 meth can be charged with an aggravated drug felony sentence of nine months to two years in prison.
In addition to being charged with using or possessing meth, an individual can also be charged with the intention to sell methamphetamine. The penalties imposed depend on the amount of meth involved and whether the buyer is a minor. The table below provides the potential penalties for possession with intent to sell methamphetamine.
|Amount of Methamphetamine||Crime||Colorado Penalty|
|Up to 7 grams||Level 3 Drug Felony||2-4 years in prison with one year of parole
Fine of $2,000 to $500,000 and $2,000 offender surcharge
|Between 7 grams and 112 grams||Level 2 Drug Felony||4-8 years in prison with two years of parole
Fine of $3,000 to $750,000 and $3,000 offender surcharge
|More than 112 grams or
Any amount with the recipient is a minor
|Level 1 Drug Felony||8-32 years in prison and three years of parole
Fine of $5,000 to $1,000,000 and $4,500 offender surcharge
|Less than 2 grams for immediate consumption||Level 4 Drug Felony
|6 months to 1 year in jail and 1 year of parole
Fine of $1,000 to $100,000 and $1,500 offender surcharge
A wobbler offense is an offense the defendant could get reduced to a misdemeanor possession offense after undergoing drug treatment. The reduction is at the court’s discretion.
A few defenses are often used for defendants accused of possessing or using methamphetamines in Colorado. These defenses include:
- Law enforcement committed a fourth amendment (improper search or seizure) violation in obtaining the meth
- Other law enforcement misconduct like coercing a confession, planting evidence, or failing to read Miranda rights
- The meth did not belong to the accused
- The accused did not knowingly possess the methamphetamine
- Too small of an amount to be a crime
An experienced Colorado drug crime attorney can create a defense to help anyone accused of a drug crime.
Colorado Revised Statues § 18-18-403.5 –This website directly links the entire Colorado statute explaining possession and use of methamphetamine.
Colorado Meth Project – The Colorado Meth Project is a campaign to reduce methamphetamine use in Colorado. This campaign challenges teens to consider what they know about meth and provides them with resources to understand the risks of drugs and influence their peer’s decisions.
Colorado Possession of Methamphetamines Lawyer | Denver, CO
If you are facing a charge of possession of methamphetamine in Denver, it is important to start preparing your defense as soon as possible. Law Office of Matthew A. Martin, P.C. has successfully represented many clients against possession of methamphetamine charges and we can help you fight your charges. Allow us to vigorously defend your legal rights, freedom, and future.
If you reside in Denver, CO or Adams County, Broomfield County, Arapahoe County, Douglas County or Boulder County, call (303) 725-0017 to secure a free consultation with Law Office of Matthew A. Martin, P.C.. It’s time to seek a fresh start and put the past behind you.