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Colorado has a complex legal framework for drug possession and distribution, reflecting the state’s unique approach to drug policy, including its pioneering legalization of marijuana.

However, while our state may be known for its progressive stance on cannabis, it continues to maintain strict laws regarding other controlled substances. Understanding these laws is crucial for residents and visitors alike, as violations can lead to severe penalties, including hefty fines and lengthy prison sentences.

Here, the aim is to guide you through an overview of state laws on drug possession and distribution, including the types of substances regulated, potential penalties, and the legal distinctions between possession and distribution.

Types of Controlled Substances in Colorado

Controlled substances are modeled after the classifications established by the federal government, and are grouped based on their potential for abuse, medical use, and safety.

Schedule I. These high-potential for abuse substances, including heroin, LSD and ecstasy, have no accepted medical use in treatment, and are not safe for use under medical supervision.

Schedule II. Drugs such as cocaine, methamphetamine, oxycodone, and fentanyl also have a high potential for abuse, but some have medical use exceptions, with severe restrictions.

Schedule III. Anabolic steroids and certain stimulants have a potential for abuse less than those in Schedules I and II and have accepted medical uses.

Schedule IV. Certain drugs, including alprazolam (Xanax), diazepam (Valium), and tramadol, are still considered risky, but have a lower potential for abuse relative to Schedule III substances as well as some accepted medical uses.

Schedule V. These substances have the lowest potential for abuse and include medications with limited quantities of certain narcotics, such as cough preparations containing less than 200 milligrams of codeine per 100 milliliters.

A substance’s schedule classification influences the severity of penalties for possession or distribution offenses.

Drug Possession Laws in Colorado

Colorado laws distinguish between simple possession and possession with intent to distribute, with penalties varying depending on the type and amount of the substance involved.

In 2023, several new laws went into effect, including a new DUI penalty, a fentanyl possession law called the Fentanyl Accountability and Prevention Act, which requires offenders to undergo substance-use assessments for their probation, and a new psychedelic mushroom law. Under Colorado Proposition 122, adults ages 21 and over will not face criminal penalties for possession or personal use of the natural medicine found in psychedelic mushrooms.

Simple Possession

• Personal Use Marijuana Possession. Since the legalization of recreational marijuana in Colorado, adults 21 and older may legally possess up to one ounce (28 grams) of marijuana. Possession of more than this amount can lead to criminal charges.
• Possession of Other Controlled Substances. Possession of any amount of a Schedule I or II controlled substance is typically charged as a misdemeanor for first-time offenders. Repeated offenses or possession of larger amounts can escalate the charge to a felony.

Penalties for simple possession laws vary, penalties can range from a fine and probation to imprisonment, depending on the substance and the individual’s criminal history. For example, possession of up to four grams of a Schedule I or II drug is a level 1 drug misdemeanor, punishable by up to 18 months in jail and a fine of up to $1,000. Possession of larger quantities or multiple offenses can result in more severe penalties.

Possession with Intent to Distribute:

Just as the title indicates, possession with intent to distribute occurs when someone is found with a quantity of a controlled substance that suggests the drugs are intended for sale. This is determined based on the amount of the drug, the presence of packaging materials, large amounts of cash, or communications related to drug sales.

Penalties for possession with intent to distribute are much more severe than for simple possession. Possession of any amount of a Schedule I or II drug with intent to distribute is a felony offense.

Felony drug charges are ranked in order of severity from 1 to 4, with Level 1 being the most severe. Depending on the amount and type of substance, penalties can range from 4 to 32 years in prison and fines of up to $1,000,000.

Colorado’s Drug Distribution Laws

Drug distribution, or the act of manufacturing, selling, delivering, or otherwise transferring controlled substances, carries the most severe penalties under Colorado law.

Distribution of Marijuana

While adults can legally share small amounts of marijuana with other adults, selling marijuana without a state license is illegal. Unlicensed sale of marijuana, even in small amounts, is a criminal offense and can lead to serious legal consequences.

Penalties for selling marijuana illegally, particularly to minors or near schools, can result in felony charges. Consequences may include significant fines and prison sentences, with harsher punishments for larger quantities and repeat offenses.

Distribution of Other Controlled Substances

The distribution of Schedule I or II drugs is typically charged as a felony, with the severity of the charge and associated penalties depending on the type and quantity of the substance, as well as the circumstances of the offense. Factors that can increase the severity of the charges include the amount (weight) of the substance being sold, selling drugs to minors, selling drugs near schools or public parks, or using firearms during the commission of the offense.

Penalties for Schedule I or II substances can include lengthy prison sentences.  If there are statutory aggravators, such as selling large quantities, possessing a firearm or selling near a school, someone can receive a mandatory prison sentence ranging from 8 to 32 years, and substantial fines that can reach up to $1,000,000. The severity of the penalty reflects the seriousness with which the state treats drug distribution offenses.

Common Defenses against Colorado Springs Possession Charges

A charge is not a conviction, and there are a number of potential legal defenses that you can use to fight back and protect your rights depending on the circumstances of your case. Some possible options include:

Lack of Knowledge. This strategy asserts that you were unaware that they were in possession of the controlled substance.

Unlawful Search and Seizure. Challenging the legality of the police search that led to the discovery of the drugs.

Entrapment. Claiming that law enforcement induced you to commit a crime you would not have otherwise committed in order to charge you with a crime.

If you are eligible, you may also have the option of seeking out drug courts and diversion programs. These programs focus on rehabilitation rather than punishment, providing an opportunity to avoid incarceration while addressing underlying substance abuse issues.

By knowing the legal landscape, individuals can better navigate the potential legal challenges and seek appropriate legal counsel if necessary.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.