While the laws surrounding controlled substance possession in Colorado have eased a bit recently, it is still unlawful to have even a few grams of narcotics (with the exception of marijuana) without a current and valid prescription. Earlier this month, a man in Colorado was arrested after a search warrant allegedly discovered more than 50 lbs of drugs in a home. Whether you’ve been accused of actual possession, constructive possession, or joint possession, contacting a skilled drug crimes lawyer to discuss possible defenses can be very beneficial. Below we discuss possession of a controlled substance in Denver, Colorado Springs, and Aurora and how our defense team can help the accused.
Colorado Drug Possession Law
Colorado’s drug possession law prohibits having physical control over certain substances without a prescription. CRS 18-18-403.5 addresses unlawful drug possession throughout Colorado’s 64 counties. Law enforcement will pursue charges if they believe you:
- knowingly had physical control,
- over a schedule I, II, III, IV, or V controlled substance,
- without a current, valid prescription
Whether you were physically touching the drug(s), had containers of it stored somewhere, or shared control with another person, drug possession charges can result. Substances with a higher risk of abuse such as Heroin, LSD, Ecstasy, Vicodin, Oxycontin, Cocaine, and Methamphetamine often lead to heavier consequences.
How Serious is Possession of a Controlled Substance in Colorado?
The ramifications of a drug possession conviction vary. The facts of the case, type of controlled substance, and amount found are significant determining factors. A common charge is a level 1 drug misdemeanor, which applies to possessing up to four grams of schedule I or II drugs or any amount of schedule III, IV, or V drugs. Penalties in these situations can include:
- probation or a county jail sentence of 6 – 18 months,
- fines of $500 – $5,000
However, possession of more than four grams of schedule I or II controlled substances is a level 4 drug felony. Defendants in these cases face up to 12 months in prison, fines of $1K – $100K, and 1 year of parole. There are also circumstances that send a controlled substance possession charge into the aggravated range. If the defendant is on parole or probation, currently incarcerated, or escaped custody, possession of a controlled substance can lead to another 2 years in the Colorado Department of Corrections.
Controlled Substance Attorney in Denver
If you or someone you know is facing allegations of possessing a controlled substance in Denver, Lakewood, or Aurora, the time to act is now. Don’t talk to the police – talk to us. Perhaps you didn’t know you had the drugs in your bag, there is a valid prescription, or police are exaggerating the amounts. Nevertheless, contact our office today for a free, confidential consultation. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing drug charges throughout Colorado.