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Unlawful Possession of a Controlled Substance in Adams County

unlawful-possession-of-a-controlled-substance-omalley-and-sawyer-llc.jpgBeing in possession of narcotics (with the exception of marijuana) without a valid prescription is unlawful in Adams County, Colorado. Possessing these drugs for personal use can lead to criminal charges in Thornton, Northglenn, or Commerce City. While these substances have different potential for abuse, law enforcement is quick to charge those who have them on their person or stored on their property. If you're facing an allegation of possessing drugs illegally in Colorado, the best course of action is to contact an experienced defense attorney as soon as possible.

3 Kinds of Drug Possession in Colorado

Adams County's drug possession laws prohibit physical control over specific substances. CRS 18-18-403.5 provides the details of unlawful possession of a controlled substance in Colorado. There are three different ways in which someone can be caught with these narcotics:

  • constructive possession - includes having the drugs stored somewhere (such as a safe, box, cabinet, or car console),
  • actual possession - touching / holding the drug in your hand, pocket, purse, or backpack,
  • joint possession - multiple people sharing control (includes stashing the items for later use with another)

Additionally, storing the controlled substances for a friend can lead to charges, even if you never intend to use them or don't own them.

Is Unlawful Possession of a Controlled Substance a Misdemeanor or Felony in Colorado?

Misdemeanor drug possession applies to schedule V, IV, and III controlled substances. Being in possession of drugs such as anabolic steroids, Valium, Xanax, or prescription sleep aids can result in:

  • up to 6 months in county jail,
  • a maximum fine of $1,000,
  • 2 years of probation

In some cases, a skilled attorney can argue a more reasonable sentence of probation, work release, or community corrections. However, if the possession includes schedule II or I substances, a drug felony applies. This typically includes drugs such as Vicodin, Oxycontin, Cocaine, LSD, or Heroin. Defendants in these cases face:

  • up to 1 year in DOC,
  • a minimum fine of $1,000 (plus an additional drug offender surcharge),
  • 1 year of parole

Thornton Drug Possession Lawyer

Just because you've been accused of illegal drug possession in Colorado doesn't mean you're guilty. Securing a seasoned criminal lawyer early on has many benefits and can lead to a better outcome in your case. Perhaps you didn't know the items were a controlled substance, there was a valid prescription, or you didn't have control over the drugs. That said, contact our office today for a free, confidential consultation. We will carefully analyze your case and suggest next steps in your defense. Our affordable fees and flexible payment plans make strategic representation a reality in uncertain times.

If you or someone you know is facing a drug possession charge in Colorado, be smart. Contact the reputable defense attorneys at O'Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future. 

Photo by Michael Longmire

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