Defending Your Rights, Protecting Your Freedom
Drug Crimes
The seriousness of drug crimes depends on the kind of drug, the weight of the drug and what you intend to do with it.
Drug crimes can have serious consequences affecting your job, your reputation, your finances, your family or even your life. Beck Law is the best defense attorney to represent you in drug cases.
The potential consequences for drug charges can vary depending on whether you are being charged with possession or distribution, and your prior record. We will gather the necessary evidence, represent you in court, and advocate for the best possible ruling in your case.
The laws that define drugs in Colorado is very detailed and complex. Different drugs have different penalties and consequences.
Hiring the best criminal defense lawyer who understands the dynamics of the Colorado drug law is the best thing that you can. Attorney Beck has defended hundreds of drug possession cases. She is detailed in her legal representation and investigates your case thoroughly.
Possible consequences for drug convictions may include:
- Automatic suspension of driver’s license
- Revocation of professional license
- Revocation of business license
- Ineligibility for federal aid
- Deportation, in case you are a Non-US citizen
- Jail time
- Big fines and large drug surcharges.
First and foremost, Beck Law are trial litigators and are not afraid to go to trial and have the prosecution prove their case. If your case should not go to trial, we work hard to negotiate a and a plea or dismissal. If a plea resolution can be reached that is in your best interest, we will negotiate it.
Do not try to do this alone. You need the best criminal defense attorney on your side. You need Beck Law to be with you every step of the way and keep you informed of all the facts, defenses and possible outcomes of your criminal case.
Drug Offense Penalties and Sentencing
To determine the severity of your drug crime, Colorado divides drugs into different classes called schedules. Colorado has 5 schedules and as implied Schedule 1 drugs are the worse and carries the highest penalties.
Drug possession is considered a level 1 drug misdemeanor. However, on the fourth or subsequent offense, this becomes a level 4 drug felony.
Using a controlled substance not prescribed by a doctor counts as a level 2 drug misdemeanor.
Depending on what you do with the drug and the type of drug (unlawful distribution, manufacturing, dispensing, and sale of drugs can range from a level 1 drug misdemeanor to a level 1 drug felony.
Presumptive sentencing, including jail time and fines, for different levels of drug offenses, are:
- Drug felony level 1: 8-32 years imprisonment, $5000-$1,000,000 fine
- Drug felony level 2: 4-8 years imprisonment, $3000-$750,000 fine
- Drug felony level 3: 2-4 years imprisonment, $2000-$500,000 fine
- Drug felony level 4: 6 months to one-year imprisonment, $1000-$100,000 fine
- Drug misdemeanor level 1: 6-18 months imprisonment, $500-$5000 fine
- Drug misdemeanor level 2: up to 12 months imprisonment, $50-$750 fine
In many cases, aggravated offenses can lead to more severe sentences. In addition, people convicted of drug crimes may be asked to pay surcharges – additional fees related to their drug case. These surcharges can be up to $4500.
For the best criminal defense, call us.
Colorado provides opportunities for individuals convicted of certain drug offenses to seal or expunge their criminal records, offering a pathway to rehabilitation and reintegration into society. Individuals convicted of drug possession or other eligible offenses may petition the court to seal their records after completing their sentence, including probation or parole.
The eligibility for record sealing depends on the type of offense and the time elapsed since the conviction. For example, individuals convicted of petty drug offenses, such as possession of small amounts of marijuana, may be eligible for record sealing immediately after completing their sentence. However, more serious offenses, such as drug distribution or manufacturing, may require a longer waiting period, often ranging from three to ten years, depending on the specific circumstances.
FREQUENTLY ASKED QUESTIONS
What drugs are legal in Colorado?
Colorado allows possession of marijuana in limited circumstances if you are 21 or older. However, possession of more than two ounces – or of any amount by people under 21 other than medical marijuana – is a crime.
In addition, if you are 21 or older, Proposition 122 generally permits you to possess, grow, use and share magic mushrooms (psilocybin) and other psychedelic drugs such as DMT and mescaline. Starting in 2025, Colorado can start licensing “healing centers” where you can pay for a supervised mushroom experience using mushrooms from a licensed grower.
Finally, it is legal to possess prescription opioids, stimulants, depressants, and other medications if your prescription is valid and current.
What drugs are illegal?
The following controlled substances are illegal in Colorado unless you have a current and valid doctor’s prescription for them.
Illegal Drug Type | Common Examples |
Schedule I | Heroin, ecstasy, LSD, and PCP. |
Schedule II | Oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, fentanyl, methadone, and stimulants such as cocaine and methamphetamine. |
Schedule III | Barbiturates, ketamine, anabolic steroids, and codeine. |
Schedule IV | Diazepam (Valium) and non-barbiturate sleep medications such as zolpidem (Ambien). |
Schedule V | Cough medicine with small amounts of codeine. |
Also illegal in Colorado is the possession of synthetic cannabinoids and salvia.
What Are the Three Basic Drug Crimes?
Colorado’s three central drug offenses are 1) using drugs, 2) drug possession and 3) selling or making drugs.
- Using Drugs
Using controlled substances (CRS 18-18-404) is a level 2 drug misdemeanor in Colorado. The only exceptions are:
- taking prescription drugs with a valid prescription and in accordance with the doctor’s dosage instructions, and/or
- using recreational marijuana or medical marijuana in a residence
- Possessing Drugs
People may possess up to two ounces of recreational marijuana in Colorado. Otherwise, state law prohibits possessing controlled substances (CRS 18-18-403.5) whether or not anyone consumes them. There are three types of possession:
- Actual possession, which is owning or physically carrying the drugs;
- Constructive possession, which is having control over the drugs – such as storing them in one’s home or car;
- Joint possession, which is sharing ownership or control of the drugs with someone else – such as a spouse or roommate.
- Selling or Manufacturing Drugs
- This can be a felony or a misdemeanor charge.