Colorado drug laws change often, so it can be difficult to know what the consequences for certain drug offenses, like possession, really are.
Drug Possession Laws in Colorado
As of March 1, 2020, Colorado declared it is no longer a felony to possess up to four grams of certain narcotics, including methamphetamine, cocaine, ecstasy, and heroin. Additionally, those who are found guilty of misdemeanor possession may receive two years of probation instead of the standard 6-to-18 months in jail. For individuals facing such charges, consulting with a skilled drug possession lawyer can provide critical guidance and support through the legal process.
Drug Possession Penalties
Typically, drug use and drug possession charges are a misdemeanor in Colorado. However, possession charges can be bumped up to a felony when it involves more than four grams of a schedule I or II drug. In such cases, it’s crucial to seek the guidance of a skilled felony defense lawyer who can navigate the complexities of drug laws and provide a robust defense strategy.
Colorado drug laws tend to favor treatment or rehab over jail time. However, Colorado drug poessession penalties do vary based on:
- The schedule drug you were in possession of;
- The quantity of drugs found;
- Whether the drugs were for personal use, sale, or large-scale distribution;
- Past criminal history and drug use.
Defenses to Drug Possession
If you’re fighting a drug possession charge, there are many potential defenses, including:
- You were not in control of the drugs. “Control” in regards to a drug charge means that a person has personal and physical control over the illegal substance.
- You had no knowledge of the drugs. Drug possession is a crime whenever a person knowingly or intentionally has control of a drug. It’s up to the prosecution to prove the defendant knew drugs were in the home, car, or area.
- Law enforcement performed an illegal search. If law enforcement did not have the legal authority to search your home or property, your case may be dismissed.
- Police entrapped the defendant. Entrapment is a practice in which police or law enforcement encourages a person to commit a crime that they would have otherwise been unlikely to commit.
If you were accused of or charged with a drug crime, schedule your free initial consultation with our drug crime lawyer by completing our online form or calling (720) 445-9887 today.