Drug Charges

• Possession of more than two but less than six ounces of marijuana is a level 2 drug misdemeanor and punishable by zero to twelve months in jail.§ 18-18-406(4)(c).

 

Possession of more powerful illegal substances and larger amounts of marijuana are charged and punished as follows:

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• Possession of a schedule III, IV, or V substance under the Colorado Controlled Substances Act, except flunitrazepam or ketamine, more than six but less than twelve ounces of marijuana, or less than three ounces of marijuana concentrate is a level 1 drug misdemeanor and punishable by six to eighteen months. § 18-18-406(4)(b); § 18-18-403.5(2)(c).

• Possession of a schedule I or II substance under the Controlled Substances Act, flunitrazepam, ketamine, cathinones, more than twelve ounces of marijuana, or more than three ounces of marijuana concentrate is a level 4 drug felony and punishable by six to twenty-four months with a mandatory year of parole.  See § 18-18-406(4)(a); § 18-18-403.5(2)(a).

 

Distribution, manufacture, possession with intent to distribute, or conspiracy to distribute, manufacture, or possess with intent to distribute are charged and punished as follows:

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• Distribution of up to 4 ounces of marijuana, a schedule V substance, or less than four grams of a schedule III or IV substance without remuneration (without money, goods, services, etc.) is a level 1 drug misdemeanor and punishable by six to eighteen months.  See § 18-18-406(2)(b)(III)(E); § 18-18-405(2)(e)(I); § 18-18-405(2)(e)(II).

• Distribution of four to twelve ounces of marijuana or two to six ounces of concentrate; less than once ounce of marijuana or 1/2 ounce of concentrate to a minor and the person distributing is more than two years older; four grams or less of a schedule III or IV substance; four grams or less of a schedule I or II substance or two grams or less of meth, heroin, ketamine, flunitrazepam if the transfer was for purpose of consuming all the controlled substance at a time substantially contemporaneous with the transfer (sharing); or an imitation controlled substance is a level 4 drug felony and punishable by six to twenty-four months with a mandatory year of parole. § 18-18-406(2)(b)(III)(D); § 18-18-406(1)(d); § 18-18-405(2)(d)(I); § 18-18-405(2)(d)(II); § 18-18-422(1)(b)(I).

• Distribution of twelve ounces to five pounds of marijuana or six ounces to two and a half pounds of concentrate; one ounce to six ounces of marijuana or 1/2 ounce to three ounces of concentrate to a minor and the person distributing is more than two years older; synthetic cannabinoids; imitation controlled substances to a minor and the person distributing is more than 2 years older; less than half an ounce of a schedule I or II substance; less than 1/4 oz of meth, heroin, or ketamine; less than seven grams of cathinone; less than 10 mg of flunitrazepam; or more than four grams of a schedule III or IV substance is a level 3 drug felony and punishable by two to six years in prison with one year mandatory parole.See § 18-18-406(2)(b)(III)(C); § 18-18-406(1)(c); § 18-18-406.2(1)(a); § 18-18-422(2)(a); § 18-18-405(2)(c).

• Distribution of five to fifty pounds of marijuana or two and a half to twenty-five pounds of concentrate; six ounces to two and a half pounds of marijuana or three ounces to one pound of concentrate to a minor and the person distributing is more than two years older; synthetic cannabinoids to a minor if person distributing is more than two years older; materials to manufacture controlled substances; more than fourteen grams to two hundred twenty-five grams of a schedule I or II substance or more than seven grams to one hundred twelve grams of meth, heroin, ketamine, or cathinone or more than ten milligrams to fifty milligrams of flunitrazepam; or a schedule III or IV substance to a minor and the person distributing is more than two years older is a level 3 drug felony, punishable by four to sixteen years in prison with two years mandatory parole.§ 18-18-406(2)(b)(III)(B); § 18-18-406(1)(b); § 18-18-406.2(3); § 18-18-412.7; § 18-18-405(2)(b).

• Distribution of more than fifty pounds of marijuana or more than twenty-five pounds of concentrate; more than two and a half pounds of marijuana or more than one pound of concentrate to a minor if the person is an adult and two years older; more than two hundred twenty-five grams of a schedule I or II substance; more than one hundred twelve grams of meth, heroin, ketamine, cathinone; more than fifty milligrams of flunitrazepam; or any quantity of a schedule I or II substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or II substance to a minor and the adult is at least two years older than the minor is a level 1 drug felony, punishable by eight to thirty-two years in prison with three years mandatory parole.Additionally, the minimum term for a level 1 drug felony is mandatory at sentencing. § 18-18-406(2)(b)(III)(A); § 18-18-406(1)(a); § 18-18-412.7; § 18-18-405(2)(a); § 18-18-405(2)(a)(II). 

 

As you can see, the severity of a drug crime depends on the amount the substance weighed and what schedule the substance is in.

 

Some common substances and the schedules they are classified in are listed below:

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• Schedule I (§ 18-18-203)

  • Heroin

  • LSD

  • Crack

• Schedule II (§ 18-18-204)

  • Fentanyl, oxycodone, and other prescription opiates

  • Cocaine

  • Methamphetamine

• Schedule III (§ 18-18-205)

  • Steroids

• Schedule IV (§ 18-18-206)

  • Benzodiazepines (xanax, valium, etc.)

• Schedule V (§ 18-18-207)

  • Very low doses of codeine

 

Most prosecutors and judges agree that many drug offenders need treatment, not prison.  However, level 1 or 2 drug felony convictions will likely lead to prison time.  Lower-level offenses, on the other hand, will likely result in probation or diversion.  If you’ve been charged with a drug misdemeanor and it’s your first offense, you are likely eligible for a pre-trial diversion program.  In a pre-trial diversion program, the court can continue your case for up to two years while you complete a treatment program.  If you successfully complete the program, your case will be dismissed.  See § 18-1.3-101. If you’ve been charged with a low-level drug felony, you may also be eligible for “wobbler” sentencing.  With “wobbler” sentencing, the court can delay sentencing for up to four years to allow you to complete a treatment program.  If you successfully complete the program, the court will vacate (erase) your felony conviction and enter a conviction for a level 1 drug misdemeanor.  This will keep a felony off your record.  See § 18-1.3-102.

 

Contact the Law Office of Michael Swink today and speak with an attorney who understands the different sentencing options for drug cases and how to negotiate with the district attorney’s office to obtain the best possible resolution in your case.