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Sale or Manufacture of a Controlled Substance

Selling, dispensing, or manufacturing a controlled substance without authorization is a crime in the state of Colorado. This also includes possession of a controlled substance with any intent to sell, dispense, or manufacture the drug in the future. Unless authorized by the law to do so, those who commit these acts are subject to criminal charges. The penalty for unlawfully selling or manufacturing a controlled substance can range from a minor misdemeanor to up to 32 years in prison with a $1 million fine.

Selling or manufacturing a controlled substance is a relatively victimless crime. However, that doesn’t stop the district attorney from prosecuting these cases to the very extent of the law. That is why if you’ve been arrested for selling, distributing, or manufacturing drugs, then it’s within your best interest to retain legal counsel as soon as possible

Drug Defense Attorney for Sale of a Controlled Substance in Denver, CO

Many are surprised by how harsh Colorado’s drug laws for selling or manufacturing are in comparison with possession. Unlike most drug possession cases, there is usually a higher quantity of drugs found as well as paraphernalia. That means steeper penalties including time in prison. If you’ve been charged with the sale, manufacture, or distribution of a controlled substance, look no further than Law Office of Matthew A. Martin, P.C..

Matthew Martin of Law Office of Matthew A. Martin, P.C. has spent over two decades facing every obstacle possible in the courtroom. His experience has given him the resources, knowledge, and flexibility needed to make an excellent defense lawyer. Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our offices at (303) 725-0017.

Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties such as Douglas County, Jefferson County, Boulder County, Arapahoe County, Broomfield County, and Adams County.

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What Are Colorado’s Laws on Selling or Manufacturing Drugs?

It’s prohibited to sell, distribute, or manufacture any drugs unless you’ve been authorized to do so. These laws can be found under section 18-18-405 of the Colorado Revised Statues (CRS), which state no one can do any of the following with drugs without proper authorization.

  • Sell
  • Dispense
  • Distribute
  • Manufacture
  • Possess with the intent to do any of the above
  • Induce, conspire, or attempt to induce with one or more people to do any of the above
  • Possess one or more chemicals, supplies, or equipment with the intent to manufacture

The following are some examples of controlled substances you’re prohibited from selling, dispensing, distributing, or manufacturing.

  • Cocaine
  • Heroin
  • LSD
  • Psilocybin (magic mushrooms)
  • Amphetamines/methamphetamines
  • GHB
  • Ecstasy/MDMA/Molly

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How Long Is the Jail Time for Selling or Manufacturing Drugs in CO?

The penalty for the sale or manufacture of a controlled substance relies on the type of drug and the quantity involved. In certain situations, the charges may be subject to aggravated sentencing. If that applies, then you should expect your maximum sentence to double.

For the purposes of sentencing, if the court finds you’ve committed two or more violations of 18-18-405 CRS in a six-month period with the following drugs, then the quantity of drugs you sold, possessed, or manufactured can be aggregated. Those drugs include:

  • A schedule I or II substance
  • Flunitrazepam (Rohypnol)
  • Ketamine
  • Cathinones (Khat)

Level 1 Drug Misdemeanors in Colorado

Expect to face a level 1 misdemeanor if the violation involves:

  • A schedule V substance; or
  • Transfer with no remuneration (no cash or items exchanged) of no more than four grams of a schedule III or schedule IV controlled substance

The maximum sentence a person can receive for a level 1 drug misdemeanor includes:

  • Up to 18 months in jail
  • A fine of up to $5,000

Level 4 Drug Felony in Colorado

Selling, distributing, dispensing, or manufacturing a controlled substance is a felony in certain situations. In Colorado, you will face a level 4 drug felony also known as an DF4. The law states the judge will charge you with a level 4 drug felony if:

  • You distributed, dispensed, manufactured, or sold any material, compound, mixture, or preparation weighing no more than 4 grams and containing a schedule II or IV drug; or
  • You distributed or transferred no more than 4 grams of a schedule I or II controlled substance or no more than 2 grams of methamphetamine, heroin, ketamine or cathinones. The crime is a level 4 felony if you did either for the purpose of consuming all of the drugs with another person or persons at the time of the transfer or distribution.

The maximum punishment a person can receive for a level 4 drug felony includes:

  • Up to 12 months in prison
  • A fine of up to $100,00
  • Drug offender surcharge of up to $1,500

Level 3 Drug Felony in Colorado

Sale or manufacture of a controlled substance is charged as a level 3 felony or DF3 in Colorado if any of the following are proven true in court.

  • The violation involves any compound, material, mixture, or preparation that weighs:
    • More than four grams containing a schedule III or IV drug
    • No more than seven grams containing methamphetamine, heroin, ketamine or cathinones
    • No more than ten milligrams containing Flunitrazepam
    • No more than 14 grams containing a schedule I or II controlled substance

A Colorado level 3 drug felony is punishable by:

  • Up to 4 years in prison
  • One year of mandatory parole
  • A fine of up to $500,000
  • A drug offender surcharge of $2,000

Level 2 Drug Felony in Colorado

The court will find you guilty of a level 2 drug felony for selling or manufacturing drugs if your violation involved any compound, mixture, material or preparation that weighs:

  • More than 10 milligrams, but no more than 50 milligrams of a substance containing flunitrazepam
  • More than 14 grams and no more than 250 grams of a substance containing either a schedule I or II drug
  • More than 7 grams and no more than 112 grams of a substance containing heroin, methamphetamine, ketamine or cathinones
  • As an adult, sell, dispense, distribute or otherwise transfer any quantity of a schedule III or schedule IV drug or any substance containing a quantity of a schedule III or IV drug to a minor. The adult must be at least two years older than the minor.

The maximum sentence for a level 2 drug felony includes:

  • Up to 8 years in prison
  • A fine of up to $750,000
  • Drug offender surcharge of up to $3,000

Level 1 Drug Felony in Colorado

The penalty for a Colorado level 1 drug felony is very serious and could impact your life for years to come. Under Colorado law, you’re guilty of a level 1 drug felony or D1F if:

  • You sell, manufacture, distribute, or dispense any material, mixture, compound, or preparation that weighs:
    • More than 50 milligrams of a substance containing flunitrazepam
    • More than 112 grams of a substance containing methamphetamine, ketamine, cathinones, or heroin
    • More than 225 grams of a substance containing a schedule I or II drug
    • As an adult, sell, dispense, distribute or transfer any amount of a schedule I or II drug including any substance mixed with it to a minor and you’re at least two years older

A level 1 drug felony can result in the following:

  • Up to 32 years in prison
  • A minimum sentence of 8 years
  • At least 3 years of mandatory parole
  • A fine of up to $1 million
  • A surcharge of up to $4,500

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Additional Resources

NORML Colorado | Marijuana Laws & Penalties – Visit the official website for NORML, the National Organization for Reformation of Marijuana Laws in Colorado. Access the site to learn the penalties for selling, distributing, or dispensing marijuana illegally.

Drug Sale or Distribution Laws in Colorado | CRS – Visit the official website for the Colorado Revised Statutes to read up on their laws pertaining to the sale, distribution, or manufacture of a controlled substances under the Uniform Controlled Substances Act of 2013. Access the site to learn the penalties for selling, manufacturing, transferring, or falsely advertising for drugs.


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Drug Sale or Manufacture Attorney in Denver, Colorado

If you or someone you know has been arrested for selling or manufacturing drugs, we urge you to get in contact with an experienced attorney such as Law Office of Matthew A. Martin, P.C.. Matthew Martin has not one, but two decades of experience in the courtroom. He can utilize his skills, resources, and defense techniques to fight your charges.

Call Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to set up your first consultation free.