Drug Crimes in Colorado

At the Law Offices of Matthew A. Martin, PC, we help those accused of drug offenses by upholding their rights in court and making sure they take the legal actions that have the highest chance of producing a favorable outcome for them.

A lot of things can go wrong in the wake of a drug charge if the accused is not fully informed of their rights or, worse yet, they choose not to acquire legal representation at all.

If you’re facing a drug charge, there are essentially two potential outcomes:

  • You defend your case on your own, relying on your limited knowledge of Colorado law to navigate the court system. This path is almost always fraught with pitfalls if you make a wrong move, fail to file a certain motion, or make some other mistake.
  • You retain legal counsel and trust in the expertise of a proven, professional attorney who acts with your best interest in mind. Matt Martin has seen first-hand how important it is to know the law when it comes to criminal defense. District Attorneys and Prosecuting Attorneys always have the upper hand on someone who doesn’t have a lawyer.

When you have an attorney representing you—one that knows exactly what to say and when, and what motions to file—you’re much more likely to receive a lighter sentence, reduced jail time, or even have your case thrown out entirely due to lack of evidence or a violation of your Constitutional Rights.

Your future is too important to risk going it alone. Do not make the mistake of thinking you can handle this situation by yourself. Contact our offices immediately to schedule a free consultation.

If you’re facing a drug charge, it’s in your best interest to contact Denvers Defense Attorney.

Denver Drug Defense Attorney

After an arrest for a drug crime in Denver, CO, or any of the surrounding areas, contact an experienced criminal defense attorney with Denvers Defense Attorney. Matthew Martin can help you fight charges for a misdemeanor or felony drug possession, distribution, or manufacturing crime.

The Law Offices of Matthew A Martin, PC, focuses on representing those who have been charged with drug offenses anywhere in the state of Colorado. It doesn’t matter what the drug is, whether there are multiple charges, or whether there are other people involved in your case. Attorney Martin has taken on every obstacle in his 22 years of trial experience, so no case is “too big” for him. Set up your first consultation by contacting Denvers Defense Attorney at 303.725.0017 today.

Denvers Defense Attorney accepts clients throughout the greater Denver metropolitan area and surrounding cities including Lakewood, Golden, Evergreen, Conifer, Castle Rock, Parker, Highlands Ranch, Larkspur, Castle Pines, and Franktown.

Overview of Drug Crimes in Denver, Colorado

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Types of Drug Crimes in Colorado

Colorado law criminalizes a wide range of drug-related offenses beyond simple possession. Depending on the type of drug involved, the amount, and the alleged conduct, drug crimes may be charged as misdemeanors or serious felonies carrying substantial fines, prison sentences, and other long-term consequences. Some of the most commonly prosecuted drug offenses in Colorado include:

Sale or Manufacture of a Controlled Substance – Colorado law prohibits manufacturing, distributing, selling, or possessing controlled substances with the intent to distribute them. These offenses are prosecuted much more aggressively than simple possession and often carry lengthy prison sentences, especially when large quantities of drugs or organized trafficking operations are involved.

Cocaine Possession – Possessing cocaine without a valid legal authorization is a criminal offense under Colorado law. The severity of the charge depends on the amount of cocaine involved, prior criminal history, and whether there is evidence suggesting distribution rather than personal use.

Heroin Possession – Heroin is classified as a Schedule I controlled substance, making unauthorized possession a serious criminal offense. Depending on the quantity involved and the surrounding circumstances, a conviction may result in jail or prison time, probation, mandatory treatment, fines, and other criminal penalties.

Possession with Intent to Distribute – Prosecutors may charge possession with intent to distribute when they believe a person intended to sell or deliver illegal drugs rather than simply possess them for personal use. Evidence such as large quantities of drugs, packaging materials, scales, large amounts of cash, or communications with buyers may be used to support these allegations.

Prescription Drug Fraud – Prescription drug fraud involves obtaining or attempting to obtain controlled medications through fraudulent means. Common examples include forging prescriptions, doctor shopping, altering prescription forms, or using another person’s prescription information. These cases often involve both drug offenses and fraud-related charges.

Possession of Methamphetamine – Methamphetamine possession is a serious drug offense that may be prosecuted as either a misdemeanor or felony depending on the circumstances. Meth-related investigations frequently involve allegations of manufacturing, distribution, or possession of drug paraphernalia in addition to the underlying possession charge.

Possession of Counterfeit or Synthetic Drugs – Colorado law prohibits possessing certain counterfeit or synthetic substances that are designed to imitate controlled drugs. These offenses commonly involve synthetic cannabinoids, synthetic stimulants, or counterfeit pills made to resemble legitimate prescription medications or illegal narcotics. Depending on the substance involved, penalties may be similar to those imposed for actual controlled substances.

Possession of Fentanyl – Fentanyl possession has become one of the most aggressively prosecuted drug offenses in Colorado because of the drug’s extreme potency and role in overdose deaths. Penalties may increase based on the amount possessed, and cases often involve allegations of distribution or possession with intent to sell when larger quantities are involved.

Marijuana Cultivation – Although recreational marijuana is legal under certain circumstances in Colorado, strict laws regulate how many plants an individual may legally grow. Cultivating marijuana beyond legal limits or operating an unlawful grow operation may result in misdemeanor or felony criminal charges depending on the number of plants and other aggravating circumstances.

Marijuana Possession – While Colorado permits limited marijuana possession for adults, possessing marijuana unlawfully can still result in criminal charges. Offenses may involve underage possession, possessing amounts exceeding legal limits, possessing marijuana in prohibited locations, or violating other state marijuana regulations.

Imitation Drugs – Colorado prohibits manufacturing, selling, or distributing imitation controlled substances when they are represented as illegal drugs. These offenses typically involve substances that resemble cocaine, methamphetamine, fentanyl, or other controlled substances but contain different ingredients. Even if the substance itself is not illegal, falsely representing it as a controlled substance may still result in criminal prosecution.

Possession of a Controlled Substance – Possessing a controlled substance without a valid prescription or legal authorization is one of the most common drug offenses charged in Colorado. The seriousness of the charge depends on the drug’s classification, the amount possessed, prior convictions, and whether any aggravating factors are present.

Drug Paraphernalia – Drug paraphernalia charges involve possessing items intended for manufacturing, packaging, storing, ingesting, or using illegal drugs. Common examples include pipes, syringes, scales, bongs, rolling papers, and other equipment associated with controlled substances. Although often charged as less serious offenses, paraphernalia convictions can still carry criminal penalties and may accompany more serious drug charges.

Special Offender Charges – Certain aggravating circumstances can significantly increase the penalties associated with drug offenses. Special offender allegations may apply when drug crimes involve weapons, organized criminal activity, importing drugs into Colorado, selling drugs to minors, or distributing drugs near schools or other protected locations.

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What is the Schedule of Drugs Used in Colorado?

Similar to other states and federal law, Colorado categorized the severity of a drug based on its schedule. Drug schedules are a type of classification for controlled substances which is measured by the drug’s addictive nature as well as its use in the medical field. The lower the drug schedule, the higher the penalties a person will receive for possessing, selling, or manufacturing it.

Schedule 1 Drugs (Heroin, LSD, and Other Hallucinogens)

Colorado has classified heroin and LSD (Lysergic Acid Diethylamide) as Schedule 1 drugs, meaning the state does not acknowledge any medical benefit associated with their use. Other drugs that are grouped in with this category are PCP, mescaline, and peyote.

Colorado has determined that these drugs come with a very high risk of abuse, meaning law enforcement is very motivated to charge and prosecute anyone who possesses, manufactures, or sells these drugs. If a law enforcement officer finds that you knowingly possessed any of these substances in any amount, it’s likely you are going to have to mount a strong legal defense to adequately defend yourself in court.

After March 1, 2020, if you are found in possession of more than 4 grams of a Schedule 1 controlled substance you will be charged with a level 4 drug felony (DF4). If you possessed less than 4 grams, then you would only be charged with a level 1 drug misdemeanor (DM1).

Schedule 2 Drugs (Opiates, Cocaine, Methamphetamine)

In the eyes of the state of Colorado, the difference between schedule 1 drugs and schedule 2 drugs lies in medical usefulness. While schedule 1 drugs have been determined by state lawmakers to not hold any medical use, schedule 2 drugs do have the ability to medically aid certain people. Because of this, these drugs fall into a classification of their own.

What makes possession of a schedule 2 substance illegal is if there is not an accompanying prescription that has been issued to the person in possession of said substance. So, if you’re found to be in possession of oxycontin, hydrocodone, morphine, methadone, or fentanyl, and if you don’t have a prescription, you’re likely to be charged with a schedule 2 drug possession charge.

After March 1, 2020, if you are found in possession of more than 4 grams of a Schedule 2 controlled substance you will be charged with a class 4 drug felony (DF4). If you possessed less than 4 grams, then you would be charged with a level 1 drug misdemeanor (DM1).

Schedule 3 Drugs (Less Addictive Drugs of Potential Abuse)

Barbiturates, ketamine, some steroidal drugs, and codeine are classified as schedule 3 substances. While these drugs may not be as physically addictive as schedule 2 drugs can be, they still come with a significant risk of dependence and/or psychological addiction.

As such, possession, distribution, and manufacturing of these substances without the prescriptions or licenses to do so is considered highly illegal. After March 1, 2020, if you are found in possession of any amount of a Schedule 3 controlled substance, then you will be charged with a class 1 drug misdemeanor or a class 3 drug felony (DF3) if the police believe you were intending to distribute the drugs.

Schedule 4 Drugs (Certain Prescribed Medications)

Schedule 4 drugs are considered by the state of Colorado to have a low risk of addiction. However, they are still seen as capable of being abused. Use of these drugs without adequate medical supervision can result in psychological and physical dependence, which is why it’s illegal in the state of Colorado to possess, manufacture, or sell them.

Drugs that fall into the schedule 4 category include valium, ambien, and some other anti-anxiety medications. As with schedule 3 and schedule 2 substances, a prescription for schedule 4 drugs is required, or else an illegal drug possession charge may very well be filed against you for a class 1 drug misdemeanor.

Remember that having any amount of a schedule 4 drug qualifies as simple possession. If the drug was packaged for distribution, then it could qualify for a drug sales charge which carries much harsher penalties upon conviction.

Schedule 5 Drugs (Substances with Small Amounts of Narcotics)

The lowest rung of the Colorado drug designation ‘ladder’ is schedule 5. This group is reserved for very specific substances that, while they may have medical benefit, also carry at least some risk of abuse, dependence, or addiction.

The most commonly cited drug in this category is cough syrup that is prescription-only and that contains small amounts of codeine. This substance is great for those who need it to relieve pain while easing their coughing symptoms, but without a prescription, it’s illegal to possess, manufacture, or sell.

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Drug Charge Sentencing in Colorado

The penalties for a drug-related crime in Colorado depend on various factors including the type of drug, the amount involved, and if any additional criminal acts were committed. Most Colorado drug charges generally fall into these three categories: misdemeanors, petty offenses and felony crimes.

  • Petty Offenses – Minor drug crimes such as public consumption of marijuana are considered a petty offense. These crimes are not serious enough for jail time but are punishable by a fine amount assigned by the Colorado Code.
  • Misdemeanors – Misdemeanors are either classified as a DM1 or a DM2.
    • DM1 – These are considered to be the more serious type of misdemeanor out of the two. DM1 offenses can include manufacturing, distribution, or possession with intent to distribute. The maximum penalty for a DM1 is up to 18 months in jail and a fine of up to $5,000.
    • DM2 – Although less serious than a DM1, you should not take the penalties for a DM2 related crime lightly. Some DM2 crimes include possession of a synthetic cannabinoid or abusing toxic vapors. The maximum sentencing for a DM2 offense is up to 12 months in jail and a fine of up to $750.
  • Felony Offenses – The most severe type of drug offense is classified as a felony. Colorado has four levels for their felony drug offenses, and these include:
    • DF1 – DF1 crimes include drug offenses such as distribution of any material with specific amounts of schedule I or II controlled substances combined, or distribution of schedule I or II drugs to a minor. The maximum penalty for a DF1 offense includes up to 32 years in prison and a fine of up to $1 million.
    • DF2 – Less severe than a DF1 crime, DF2 drug offenses still have life-changing penalties. The maximum sentence for a DF2 rime is up to 8 years in prison and a fine of up to $750,000.
    • DF3 – Level 3 drug felony cases, also referred to as DF3, can include crimes such as distribution of any material weighing 14 grams or less if the material contains a schedule I or II controlled substance. The highest penalty a person can receive for a DF3 crime includes up to 4 years in prison and a fine of up to $500,000.
    • Df4 – Most crimes are simply labeled as a DF3 unless the distribution was for the purpose of sharing use of drugs at “a time substantially contemporaneous” with the exchange of drugs. Upon conviction a person can face up to 12 months in prison for a DF4 offense and a fine of up to $100,000.

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Special Offender Classifications in Colorado Drug Cases

Colorado law recognizes certain aggravating circumstances in drug cases that can elevate the seriousness of the charges. When these circumstances are present, a defendant may be labeled a “special offender.” This designation substantially increases the potential penalties upon conviction, often adding mandatory prison time and higher fines.

Under C.R.S. § 18-18-407, a person may be classified as a special offender if any of the following apply:

Common Special Offender Circumstances

Use of a Deadly Weapon – If the defendant was armed with a deadly weapon during the commission of a drug felony, or if they threatened or injured someone with a weapon.

Drug Distribution to Minors – Selling, giving, or distributing controlled substances to a minor automatically elevates the charge.

Importing Large Quantities – Bringing significant amounts of controlled substances into Colorado from another state or country can lead to a special offender designation.

Engaging in a Pattern of Manufacture or Distribution – Operating as part of an organized drug enterprise or participating in large-scale manufacturing or distribution.

Prior Drug Felony Convictions – Having certain prior convictions for drug felonies can trigger enhanced sentencing in subsequent cases.

Sale or Manufacture Near Schools or Public Housing – Distributing or producing controlled substances within 1,000 feet of a school, public housing project, or other designated area.

Penalties for Special Offender Classification – If convicted as a special offender, the underlying drug crime is elevated to a level 1 drug felony (DF1) regardless of its original classification. This is the most serious type of drug felony in Colorado.

  • Prison: 8 to 32 years in the Colorado Department of Corrections
  • Fines: $5,000 up to $1,000,000
  • Mandatory Parole: At least 3 years of parole following release

Being labeled a special offender can be life-changing. Even if the underlying offense might have been a lower-level felony or misdemeanor, the classification automatically exposes the defendant to the harshest possible drug penalties.

An experienced defense attorney can:

  • Challenge whether aggravating factors truly apply
  • Argue against the special offender designation
  • Work to reduce or dismiss charges where evidence is weak or improperly obtained

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Current Marijuana Laws in Colorado

In November of 2012, Colorado residents voted to pass Amendment 64, which effectively legalized the recreational possession and private use of cannabis (at the time, medical use had already been legal in our state). This opened the door for widespread commercialization of the drug, something that has been a highly controversial development in recent years.

Love it or hate it, Colorado has fully adopted the manufacturing, use, distribution, and cultivation of cannabis and cannabis-related products. However, cannabis is still considered a federally illegal substance, which makes the entire situation a bit confusing.

For Colorado state law enforcement, there is no longer any way to charge, prosecute, or sentence someone for simple cannabis possession (unless they’re a minor). However, being under the influence of cannabis while operating a motor vehicle or while providing sworn testimony still carries with it certain legal ramifications.

Remember: while it is legal to possess up to 28 grams (one ounce) of cannabis, it is illegal to possess any more than that. Also, if you’re on federal land located within the state of Colorado, then federal laws trump state laws, and you could be charged with simple cannabis possession even though you’re technically in the state.

Also, it is still sharply illegal to sell cannabis without state licensure to do so. If you are found with any amount of cannabis that is packaged for distribution and you don’t have a state license to operate a dispensary, you could be charged with a drug distribution crime.

Even though cannabis-related drug charges have reduced in number since 2012’s passing of Amendment 64, they’re still issued by the state with regular frequency, and they’re still very serious.

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Can Drug Crime Records Be Sealed in Colorado?

A drug charge or conviction can continue to affect a person long after the court case has ended. Public criminal records may create problems when applying for employment, housing, professional licenses, educational programs, or other opportunities. Colorado law allows many eligible drug-related records to be sealed, but the waiting period and filing requirements depend on the classification of the offense and how the case was resolved.

Cases that are dismissed, result in an acquittal, or are successfully completed through an eligible diversion agreement or deferred judgment may qualify for sealing without the same waiting periods that apply to convictions. Although eligible non-conviction records are often supposed to be sealed through a simplified or automatic process, a defendant may still need to file a motion if the record remains publicly available.

Drug convictions may also qualify for sealing after the required waiting period has passed. Under the current Colorado Judicial Branch guidance, the general waiting periods include:

  • One year for petty drug offenses – A person convicted of an eligible drug petty offense may generally seek sealing one year after the end of all criminal proceedings or release from supervision, whichever occurs later.
  • Two years for drug misdemeanors – Eligible convictions for any drug misdemeanor may generally be sealed after a two-year waiting period.
  • Two years for certain level 4 drug felonies – A level 4 drug felony conviction under the specified simple-possession provision may generally qualify after two years.
  • Three years for level 3 and most other level 4 drug felonies – Eligible level 3 drug felonies and most remaining level 4 drug felonies generally require a three-year waiting period.

The waiting period generally begins after the later of the final conclusion of the criminal proceedings or the person’s release from supervision. Before sealing can be granted, the applicant must also satisfy other eligibility requirements. For example, the Colorado Judicial Branch states that a conviction record cannot be sealed while restitution remains unpaid, and every conviction within the same case must be independently eligible for sealing.

Not every drug conviction is eligible. More serious drug felonies, special-offender cases, and cases containing additional convictions that cannot be sealed may fall outside the ordinary sealing rules. Eligibility can also be affected by a person’s subsequent criminal history. Because drug cases often contain multiple counts, it is important to review the complete disposition rather than looking only at the primary charge.

Colorado generally uses record sealing, not expungement, for adult drug cases. Once a record is sealed, it is removed from ordinary public background searches, and the person may generally deny the existence of the sealed case in many private settings. The record is not physically destroyed, however, and courts, law enforcement agencies, prosecutors, and certain other authorized entities may retain access as allowed by law.

The process typically requires obtaining a current criminal history report, filing the appropriate motion and proposed orders in the court where the conviction occurred, notifying the prosecuting attorney, and attending a hearing if the court schedules one. If the request is approved, the court sends the sealing order to the agencies holding the records, which generally seal them after receiving the order.

A Colorado drug defense attorney can review the conviction classification, calculate the applicable waiting period, identify any disqualifying offenses, and prepare the required filings. An attorney may also help determine whether a dismissed case or successfully completed diversion matter should already have been sealed and take action if the record continues to appear publicly.

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Frequently Asked Questions

What conduct can lead to a drug charge in Colorado?

Colorado drug charges can arise from possessing, manufacturing, cultivating, selling, distributing, or possessing a controlled substance with the intent to distribute it. A person may also face charges for prescription fraud, possession of drug paraphernalia, imitation drugs, or unlawfully possessing synthetic or counterfeit substances. The exact charge depends on the drug, the amount involved, and what prosecutors believe the person intended to do with it.

What is the difference between drug possession and possession with intent to distribute?

Simple possession generally means the drugs were allegedly held for personal use. Possession with intent to distribute is a more serious allegation based on the claim that the person intended to sell, transfer, or deliver the substance to someone else. Prosecutors may rely on evidence such as the quantity of drugs, separate packaging, scales, large amounts of cash, text messages, or other circumstances to argue that distribution was intended.

How does Colorado classify controlled substances?

Colorado divides controlled substances into schedules based on factors such as accepted medical use, potential for abuse, and risk of dependence. Schedule I substances are generally treated as having a high potential for abuse and no accepted medical use under the applicable classification, while substances in Schedules II through V may have recognized medical uses but remain regulated. The drug’s schedule can affect how possession, distribution, and manufacturing charges are prosecuted.

Is drug possession always a felony in Colorado?

No. Some possession offenses may be charged as drug misdemeanors, while others can be prosecuted as drug felonies. The classification usually depends on the type and amount of the substance, the defendant’s criminal history, and whether aggravating circumstances are present. Distribution, manufacturing, and possession with intent allegations are generally treated more severely than simple possession.

Can I be charged for possessing prescription medication?

Yes. It may be illegal to possess a controlled prescription medication without a valid prescription issued to you. Charges can also arise from forging or altering prescriptions, using another person’s prescription, visiting multiple providers to obtain drugs through deception, or selling prescribed medication to someone else. A legitimate prescription can be important evidence, but it does not authorize conduct outside the prescription’s terms.

Is marijuana completely legal in Colorado?

No. Colorado permits certain marijuana possession, use, and cultivation by adults, but the activity remains subject to numerous restrictions. Charges may arise from underage possession, possessing more than the legal amount, unlawful cultivation, unlicensed sales, public use, impaired driving, or possession on federal property. Marijuana remains illegal under federal law even when conduct may be permitted under Colorado state law.

What is a special offender charge in a Colorado drug case?

A special offender allegation may apply when a drug felony involves certain aggravating circumstances. Examples may include using or possessing a deadly weapon, distributing drugs to a minor, importing large quantities into Colorado, participating in organized manufacturing or distribution, or committing certain conduct near protected locations. A special offender designation can substantially increase the potential sentence and make the case more difficult to resolve.

Can the police charge me with possession if the drugs were not on my body?

Yes. Prosecutors may rely on a theory known as constructive possession when drugs are found in a place allegedly under the defendant’s control, such as a vehicle, bedroom, bag, or shared residence. However, being near drugs does not automatically prove possession. The prosecution must present evidence connecting the person to the substance and showing that they knowingly exercised control over it.

Can evidence from an illegal search be excluded?

Potentially. The Fourth Amendment protects individuals against unreasonable searches and seizures, and law enforcement generally needs a valid warrant or a recognized legal exception to conduct a search. If officers unlawfully stopped a vehicle, entered a home without authority, exceeded the scope of consent, or obtained a defective warrant, a defense attorney may ask the court to suppress the resulting evidence.

What defenses may be available in a Colorado drug case?

The available defenses depend on how the drugs were discovered and what the prosecution must prove. Possible defenses may include lack of knowledge, lack of possession, lawful possession under a prescription, mistaken identity, an unreliable laboratory analysis, entrapment, or an unconstitutional search. In a distribution case, the defense may also challenge whether the evidence actually proves an intent to sell or transfer the substance.

Will a first-time drug offender have to go to jail?

Not necessarily. A first-time defendant charged with a lower-level possession offense may be eligible for probation, treatment, diversion, a deferred judgment, or another alternative to incarceration. Eligibility depends on the charge, the amount and type of substance, the person’s record, and the policies of the court and prosecutor. More serious allegations involving distribution, manufacturing, weapons, or large quantities may carry a much greater risk of incarceration.

Can a Colorado drug charge be reduced or dismissed?

Yes, depending on the evidence and circumstances. Charges may be reduced or dismissed when the prosecution cannot establish possession, the substance was incorrectly identified, the search was unlawful, or other essential elements cannot be proven. An attorney may also negotiate for treatment, diversion, a lesser charge, or another resolution that limits the consequences of the case.

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Additional Resources

NORML | Colorado Chapter – Visit the official website for the Colorado Chapter of NORML, also known as the National Organization for the Reformation of Marijuana laws. Access the site to read pending 2021 legislation about marijuana, an in-depth look at marijuana recreational laws in Colorado, when’s the latest chapter meetings, and more.

Colorado Revised Statues | Drug Laws – Visit the official website for the Colorado Revised Statutes to read up on their legislation regarding drug laws in the state. Access the site to learn more about the drug offenses in Colorado, the various penalties, and admissible defenses.

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Denver Attorney for Drug Crimes | Colorado Drug Laws

We know how the state of Colorado treats drug offenders, and it’s not always compassionate and merciful. While most first-time drug offenders may receive lighter sentences including treatment instead of jail time, your case might be wholly different. If you have been arrested for possession, sale, manufacture, or distribution of drugs, contact the legal team at Denvers Defense Attorney.

Even though Colorado is considered a highly progressive state when it comes to what drugs are legal, illegal, or decriminalized, there are still very strict drug laws on the books. Matthew Martin has over 22 years of valuable trial experience, so he has an in-depth understanding of Colorado’s drug laws. He can examine your case and develop a strong defense so you can avoid the ful statutory penalties of the crime.

Set up your first consultation with Denvers Defense Attorney by calling our offices at 303.725.0017. Denvers Defense Attorney accepts clients throughout the greater Denver metropolitan area and surrounding counties such as Arapahoe County, Adams County, Jefferson County, Broomfield County, Boulder County, Douglas County, and Clear Creek County.

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