- Fax: 720-918-2906
- 11990 Grant Street, Suite 550, Northglenn, CO 80233
Drug Charges Can Destroy Your Future
Severe Penalties for Drug Offenses in Colorado
720-209-1469
You Need an Experienced Denver Drug Defense Attorney
Important: Drug convictions can result in automatic driver's license suspension, deportation for non-citizens, and permanent barriers to employment and housing. Never speak with law enforcement without an attorney present.
Drug charges in Colorado carry severe penalties that extend far beyond jail time and fines. A drug conviction can affect your job, your reputation, your finances, your family, and even your life. Whether you’re facing simple possession or serious distribution charges, the consequences can devastate your future for years to come.
At Beck Law Office, we understand that drug charges often arise from complex circumstances including addiction, desperation, or simply being in the wrong place at the wrong time. As a former Deputy District Attorney, Attorney Lori Beck knows exactly how prosecutors build drug cases and what evidence they need for convictions. This insider knowledge gives us a critical advantage in challenging their evidence and protecting your rights.
Understanding Colorado's Complex Drug Laws
Colorado’s Drug Schedule System
To determine the severity of drug crimes, Colorado divides controlled substances into five different classes called “schedules”, with Schedule I drugs carrying the harshest penalties.
Schedule I Drugs (Most Serious):
- Heroin, LSD, MDMA (Ecstasy)
- Marijuana (over legal limits)
- Psilocybin mushrooms (outside Proposition 122 protections)
Schedule II Drugs:
- Cocaine, methamphetamine, fentanyl
- Prescription opioids (OxyContin, morphine)
- Adderall, Ritalin (without valid prescription)
Schedule III Drugs:
- Anabolic steroids
- Certain barbiturates
- Products containing less than 90 mg of codeine per dose
Schedule IV Drugs:
- Xanax, Valium, Ativan
- Ambien, tramadol
- Other controlled prescription medications
Schedule V Drugs:
- Cough preparations with small amounts of codeine
- Other medications with limited abuse potential
Understanding Drug Laws
Colorado drug laws are detailed and complex, with penalties that vary dramatically based on the type of drug, the amount involved, and what you allegedly intended to do with it.
Understanding these distinctions is crucial for building an effective defense strategy.
What Drugs Are Legal in Colorado?
Understanding what’s legal and what’s illegal is crucial, especially as Colorado’s laws have changed significantly in recent years.
Legal Substances (With Restrictions)
Marijuana (21 and Older):
- Up to 2 ounces of marijuana flower
- Up to 8 grams of concentrate
- Home cultivation of up to 6 plants (3 flowering)
- Still illegal: Possession by anyone under 21 (except medical marijuana), public consumption, driving under the influence of drugs
Psychedelic Substances (Proposition 122 – 21 and Older):
- Psilocybin mushrooms (magic mushrooms)
- DMT (dimethyltryptamine)
- Mescaline (excluding peyote)
- Starting in 2025: Licensed “healing centers” for supervised experiences
Prescription Medications:
- Any prescription drug with a valid, current prescription
- Must be in original container or have valid documentation
What Drugs Are Ilegal in Colorado?
All other controlled substances remain illegal in Colorado, including:
- Cocaine, heroin, methamphetamine, fentanyl
- Prescription drugs without valid prescriptions
- Synthetic drugs (K2, Spice, synthetic cathinones)
- Large quantities of marijuana (over 2 ounces)
Record Sealing and Expungement Options
Colorado provides opportunities for individuals convicted of certain drug offenses to seal their criminal records, offering a pathway to rehabilitation and reintegration into society.
Eligibility for Record Sealing
| Offense Type | Waiting Period | Eligibility Notes |
|---|---|---|
| Petty Drug Offenses | Immediate after sentence completion | Includes small amounts of marijuana possession |
| Simple Possession | 3–5 years | After completion of sentence, probation, or parole |
| Distribution Charges | 5–10 years | Timeframe depends on circumstances of conviction |
| Manufacturing Charges | Extended or permanent ineligibility | Sealing often unavailable for serious manufacturing convictions |
Requirements: Successful completion of sentence including probation, parole, and all court-ordered treatment programs.
Penalties for Drug Crimes in Colorado
Colorado uses a unique sentencing structure for drug offenses, with penalties ranging from fines to decades in prison.
| Charge Level | Penalty | Examples |
|---|---|---|
| DM1 (Drug Misdemeanor 1) | 6–18 months jail and/or $500–$5,000 fine | Simple possession of most controlled substances |
| DM2 (Drug Misdemeanor 2) | Up to 12 months jail and/or $50–$750 fine | Using a controlled substance not prescribed by a doctor |
| DF4 (Drug Felony 4) | 6 months–1 year prison and/or $1,000–$100,000 fine Enhanced: 1–2 years for aggravated circumstances |
Fourth or subsequent possession offense |
| DF3 (Drug Felony 3) | 2–4 years prison and/or $2,000–$500,000 fine Enhanced: 4–6 years for aggravated circumstances |
Certain possession or distribution offenses |
| DF2 (Drug Felony 2) | 4–8 years prison and/or $3,000–$750,000 fine Enhanced: 8–16 years for aggravated circumstances |
Distribution or manufacturing involving larger amounts |
| DF1 (Drug Felony 1 – Most Serious) | 8–32 years prison and/or $5,000–$1,000,000 fine Mandatory minimum: 8 years prison |
Large-scale distribution or manufacturing operations |
Additional Consequences of Drug Convictions
Immediate Consequences:
- Automatic driver’s license suspension (even for non-driving offenses)
- Drug surcharges up to $4,500 in additional fees
- Mandatory drug treatment programs
- Loss of professional licenses (medical, legal, teaching, etc.)
Long-Term Consequences:
- Permanent criminal record affecting employment and housing
- Ineligibility for federal financial aid for education
- Deportation consequences for non-U.S. citizens
- Loss of firearm ownership rights
- Difficulty obtaining professional licenses
The Three Most Common Types of Drug Crimes
Possession
Definition: Having controlled substances for personal use.
- Generally charged as Drug Misdemeanor Level 1
- Becomes Drug Felony Level 4 on fourth or subsequent offense
- Amount and type of drug affect severity
Distribution or Sale
Definition: Transferring controlled substances to others.
- Can range from Drug Misdemeanor Level 1 to Drug Felony Level 1
- Penalties increase based on amount, type of drug, and location
- Enhanced penalties for school zones and other protected areas
False Allegations
Definition: Producing, growing, or creating controlled substances.
- Often charged as higher-level felonies
- Includes growing marijuana over legal limits
- Manufacturing methamphetamine or other synthetic drugs carries severe penalties
Lori Beck, Criminal Defense Attorney
With over 24 years of experience and a background as a former Deputy District Attorney, Lori Beck brings insider knowledge of the prosecution’s strategies to every case. She is committed to protecting her clients’ rights, building strong defenses, and achieving the best possible outcomes in even the most complex criminal cases.
Drug Crime Offenses in Colorado
Why You Need an Experienced Drug Crime Defense
The Prosecutor's Strategy
Drug cases often rely on:
- Circumstantial evidence that can be challenged or explained
- Informant testimony that may be unreliable or motivated by deals
- Technical evidence (lab results, weight measurements) that can be challenged
- Police testimony about observations that may be biased or inaccurate
Our Proven Defense Approach
- Thorough Investigation: We examine every aspect of your case, from the initial stop or search through evidence collection and testing procedures.
- Challenge Every Element: We scrutinize police procedures, evidence handling, and prosecution claims to identify weaknesses in their case.
- Expert Analysis: When necessary, we work with forensic experts, chemists, and other professionals to challenge the prosecution's evidence.
- Negotiation Excellence: We fight for reduced charges, dismissed cases, or alternative sentencing options like treatment programs.
- Trial Experience: Attorney Lori Beck's prosecutorial background and trial experience make us formidable opponents in court.
At Beck Law Office, we are trial litigators who are not afraid to go to trial and force the prosecution to prove their case beyond a reasonable doubt. When trial isn't in your best interests, we work aggressively to negotiate favorable plea agreements or dismissals.
Drug Crime Defenses
Constitutional Violations
Illegal Search and Seizure: If police violated your Fourth Amendment rights during the search that led to drug evidence, we can seek to suppress that evidence.
Lack of Miranda Warnings: If you were questioned in custody without proper Miranda warnings, your statements may be inadmissible.
Challenging Evidence
Chain of Custody Issues: We examine how evidence was collected, stored, and tested to identify potential contamination or mishandling.
Lab Testing Problems: Drug lab results can be challenged based on testing procedures, equipment calibration, and lab protocols.
Constructive Possession: Prosecutors must prove you knowingly possessed drugs. If drugs were found in a shared space, we can challenge whether you knew they were there.
Intent and Knowledge
Lack of Knowledge: You cannot be convicted if you didn't know the substance was illegal or didn't know it was present.
Medical Marijuana Defense: Valid medical marijuana patients have legal protections for possession and use within legal limits.
Prescription Defense: Valid prescriptions provide complete defenses to possession charges for prescription medications.
Frequently Asked Questions About Drug Charges in Colorado
What should I do if police want to search my car for drugs?
Politely refuse consent to search. Say “I do not consent to any searches.” You have constitutional rights that protect you from unreasonable searches. If they search anyway, don’t resist, but contact an attorney immediately.
Can I be charged with drug crimes if the drugs weren't mine?
Yes, if prosecutors can prove you had “constructive possession”—that you knew the drugs were there and had control over them. This is a complex legal concept that requires experienced defense.
What's the difference between drug possession and distribution charges?
Possession is having drugs for personal use. Distribution involves transferring drugs to others, which can be proven through amount, packaging, scales, large amounts of cash, or other evidence of sales activity.
Can prescription drug charges be dismissed if I have a prescription from another state?
Colorado generally recognizes valid prescriptions from other states, but the prescription must be current and the amount possessed must be consistent with prescribed dosages. Each case is unique.
How do marijuana legalization laws affect drug charges?
Colorado’s marijuana laws only protect adults 21 and older possessing legal amounts. Possession by minors, amounts over 2 ounces, or public consumption remain illegal and can result in criminal charges.
Don't Let Drug Charges Destroy Your Future
Drug charges represent a serious threat to your freedom, your career, and your future opportunities. The prosecution has significant resources and experience, and they start building their case against you from the moment charges are filed. You need an equally powerful advocate who understands the system from the inside.
Don’t trust these serious charges to an inexperienced attorney or attempt to handle them yourself. The criminal justice system is complex, and drug laws are constantly evolving. The sooner you secure experienced legal representation, the stronger your defense becomes.
Evidence can disappear and witnesses’ memories fade. Contact us immediately for a free, confidential consultation.
Get Your First Consultation FREE!
Serving Denver and Throughout Colorado
Beck Law Office represents clients facing drug charges throughout the Denver Metro Area and Colorado:
Counties Served: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Gilpin, Jefferson, Larimer, Weld
Major Cities: Northglenn, Thornton, Denver, Aurora, Boulder, Colorado Springs, Fort Collins, Greeley, Lakewood, Littleton, Westminster, Arvada
We Look At The Law Differently