Have you been charged with a crime of possession, paraphernalia, distribution, or some other drug-related offense in Colorado? Here, we will answer some of the most frequently asked questions about narcotics and drug offenses in Denver, Colorado.
In Colorado, defendants can be charged with various drug offenses on many legal grounds. Drug offenses can be mild or serious, depending on the circumstances of your situation. Your charges will also revolve around the types of narcotic substances you had in your possession and of what quantities.
Possessing up to four grams of certain drugs can result in a level 1 drug misdemeanor charge. Although this once was a felony, as of March 1, 2020, the state changed the offense to a misdemeanor. Level 1 narcotic charges often come from the possession of substances including cocaine, heroin, ecstasy (MDMA), methamphetamine, or LSD, in quantities of up to four grams.
Occasionally, defendants will have the option to complete a drug diversion program to reduce or eliminate drug charges. These programs can be very helpful and are a great option for certain defendants. Your lawyer can help you determine if your offense qualifies for diversion.
At Koziel & Lehr Law, our lawyers understand the complex legal processes surrounding narcotics charges in Colorado. We know what it takes to get your drug offenses completely dismissed.
What are drug offenses?
There are many different types of drug crimes and offenses in Colorado. Drug offenses can be petty, misdemeanors, or felonies. Drug offenses usually come from activities like manufacturing, delivery, possession, paraphernalia, or in some cases, consumption.
Colorado state laws on controlled substances define the legal and illegal use of various narcotics. If you conduct yourself or behave in a way that violates Colorado’s drug laws, you could be charged with a drug offense.
What are paraphernalia offenses in Colorado?
Recently, Colorado reduced the penalties for certain drug offenses. However, the possession of drug paraphernalia is still regulated in Colorado. It is a criminal offense to possess illegal drugs and paraphernalia in Colorado under some circumstances. § 18-18-428.
If illegal narcotics are found on your person in tandem with items used for consuming or selling those substances, you could get possession and paraphernalia charges. Items used to consume, store, test, package, or process controlled substances are considered drug paraphernalia.
What about cannabis accessories?
In Colorado, marijuana is legal Statewide. Paraphernalia laws specifically exclude cannabis accessories. Cannabis accessories include bongs, blunt wraps, papers, pipes, and cultivation items.
What should you know about disclosing paraphernalia?
Hypodermic needles and syringes are not related to the consumption of marijuana. As such, if you are being searched by a law enforcement officer, you must disclose the possession of these items. Otherwise, you could be charged with having paraphernalia on your person. § 18-18-428.
What are possession offenses in Colorado?
On March 1, 2020, Colorado changed the laws surrounding drug possession penalties. Colorado declared it no longer is a felony to possess up to four grams of certain controlled substances. These substances include heroin, methamphetamine, ecstasy, and cocaine.
What are the penalties for controlled substance possession in Colorado?
The circumstances surrounding your possession charges will impact which penalties you may face in Colorado. Typically, the use or possession of a controlled substance is a misdemeanor in Colorado. With that being said, possession charges may be bumped up to felony offenses if they involve more than four grams of a substance, especially if it is a schedule I or schedule II narcotic.
Factors that may impact potential drug possession penalties include:
- The quantity in your possession
- Whether the drugs were for personal use or distribution
- The type of narcotic you were carrying and whether it was a schedule I or schedule II substance
What are distribution, delivery, and manufacturing drug crimes in Colorado?
According to CRS 18-18-405, selling or distributing chemicals, equipment, or supplies for manufacturing controlled substances is a felony offense. This felony offense involves the defendant knowing or reasonably believing that these chemicals, equipment, or supplies, will be used to illegally manufacture a controlled substance.
In Colorado, Controlled Substances Include:
- MDMA
- Benzodiazepines
- Methamphetamine
- Anabolic steroids
- Hallucinogens
- Mescaline
- Psilocybin mushrooms
- Opioids
- Heroin
- Crack or cocaine
- Fentanyl
Let Use Help You with Colorado Drug Offenses! Call Koziel & Lehr Law Now.
A drug offense should never be the cause of irreparable damage to your life and reputation! People make mistakes, and life is full of complicated situations. Our team is here to help you get things back on track so that you can move forward with the brightest possible future.
Our skilled team of Colorado attorneys can work toward helping you with all manner of drug offenses. Contact our firm and let us begin building a case in your favor.
At Koziel & Lehr, our drug crime lawyers will fight to get your narcotics charges reduced or dropped. Additionally, drug offenses can be dealt with using programs like drug diversion. There are many tools at your disposal as you fight charges or seek the best possible plea bargain. Let our compassionate team represent you now!
Call Koziel & Lehr Law at (720) 314-8750.