Possession of marijuana is also illegal on federal property in the state of Colorado, which is subject to the stricter requirements of 21 USC 812 — the federal controlled substances law. Federal assets include national parks, airports, courthouses, Veterans Administration, HUD apartments, and post offices. The penalty for recreational possession depends on the drug. Learn about controlled substances laws in Colorado. Of course there is. Go to a pharmacy and you`ll find shelves full of over-the-counter medications that are completely legal for people to buy and use as they please. At least for the most part. For possession of two ounces of marijuana, you can expect a $100 fine and 24 hours of community service. For possession of a prescribed controlled substance in a container other than the one in which it was delivered, you can expect a $100 fine. Finally, possession of drug paraphernalia can also result in a $100 fine. There are two levels of drug offenses and one level of minor drug offenses in Colorado. The lists range from V, which contains the least serious controlled substances, to I, which houses those that have both a high risk of abuse and no known medical use. Schedule I drugs also carry the most severe penalties.
Colorado is unique because there are also laws for the illegal use of a controlled substance. 18-18-404 of C.R.S. states that it is illegal to use a controlled substance unless it has been legally administered, prescribed or dispensed to you for medical reasons. This crime does not involve the use of marijuana or THC concentrates. In addition, drug-related offenses are often associated with many other types of crime and a variety of societal problems, including addiction and death by overdose and other problems, to name a few. This can sometimes happen, for example, by planting drugs on a person. It doesn`t happen often, but it`s a valid defense if you can show that it happened to you. The law is not clear.
If ASP batons fall under Colorado`s definition of blackjack, they are illegal in the state. But if ASP batons are not considered blackjack, then people should be able to own them and carry them openly. What is an ASP stick? ASP stands for Armament Systems & Procedures. It`s one. Another defense that is often used is that the drugs found were not yours all along. The prosecution must prove that the accused was the person who was in possession of the drugs. Sometimes the police take inappropriate action to argue that someone was in possession of drugs, when in fact they were not. Regardless of the level of drug-related crime you`re charged with in Colorado, you have the right to defend yourself against the charges. That`s why it`s important to make sure you`re using the services of an experienced drug crime attorney to help you formulate the best defense strategy possible. Level II drug offences are still serious, but not as serious as Level I drug offences. Common offences related to Level II drug offences include selling more than 14 grams of a substance listed in Schedule I or II, selling or distributing equipment used to manufacture controlled substances, and possessing equipment used illegally to manufacture amphetamine or methamphetamine. Adults 21 and older can have up to an ounce of marijuana in Colorado.
Recently, Denver voters voted to decriminalize psilocybin. (These are “magic mushrooms.”) But this is technically illegal. Level III drug offenses in Colorado involve crimes such as selling up to 14 grams of a Schedule I or II drug or distributing an imitation controlled substance to a minor. This level carries a maximum penalty of four years in prison and fines of up to $500,000. If there are aggravating factors, the prison sentence may be up to six years. Whatever your past or what you were arrested for in the present, you deserve a fair trial and the best chance to protect your future. That means working with a skilled Colorado drug crime advocate. Lawyers at the law firm Clifton Black, PC have represented numerous clients accused of various types of drug offenses in Colorado Springs, Denver, Littleton and other Colorado courts. Drug charges can include a variety of charges, including: So if you were in a house with other people and the police searched the entire house, they still have to show that all the drugs found belonged to you and did not belong to someone else who lived with you.
HB19-1263 transformed possession of small amounts of certain Schedule I and Schedule II drugs from a felony to a misdemeanor. But misdemeanor charges can also result in fines, probation, and jail time, and they can affect your ability to access employment and housing. Our Colorado drug crime attorneys offer free consultations by phone, in person, or email. Contact our drunk driving and criminal defense attorneys using the form on this page or, if you prefer, contact us at our Denver office: Persons convicted of level 1 drug offences related to illegal possession of a controlled substance and possession of marijuana or marijuana concentrate, can be punished with up to 180 days in the county jail or 2 years probation. with up to 180 days in jail as a condition or for breach of probation. For a third or subsequent offence, a person can be sentenced to up to 364 days in jail. In addition to any other penalty, the convicted person is liable to a fine of up to $1,000. Therefore, drug use (CRS 18-18-404) and drug possession (CRS 18-18-403.5) are generally a misdemeanor. But possession of a controlled substance can be a crime if it contains more than four grams of Schedule I or II drugs, or any amount of GHB, ketamine or flunitrazepam. Drug costs can affect your income, career and family.
At Wolf Law, our team of criminal defense attorneys is committed to ensuring that every citizen of Colorado receives the legal representation they deserve. If you have been charged with a drug crime in Colorado, schedule a consultation at our Denver office by calling 720-479-8574 or contacting us online. At the lower end, the consequences of drug allegations in Colorado can be as low as six months in the county jail and/or a $1,000 fine. In Colorado, anyone over the age of 21 can possess up to 28 grams (or one ounce) of marijuana. However, it is still illegal for anyone under the age of 21 to possess an amount. Also, you can`t possess marijuana on federally owned property because marijuana is only legal at the state level, not the federal level. These properties include airports, national parks, HUD apartments, courthouses, post offices and the Veterans Administration. Penalties for drug offenses in Colorado can vary depending on the substances involved, the age of the person, and the act (e.g., possession or distribution). Don`t just accept your fate.
Defend yourself against your accusations to give yourself the best chance of a positive outcome in your drug case. Michael Becker has over a quarter century of experience as a lawyer and over 100 cases of litigation. He is a sought-after legal commentator and is admitted to the bars of Colorado, Nevada, California and Florida. Colorado is one of the most progressive states in the country when it comes to drug laws. In 2013, the state of Colorado introduced a new, unified controlled substances law that relied more on treating drug-related offenders than incarceration. However, that doesn`t mean Colorado doesn`t prosecute drug-related crimes. You could still be charged with a drug-related offence or crime if you use, manufacture or possess a controlled substance. Colorado`s drug laws are complicated in part because they have undergone a number of changes recently, as evidenced by House Bill 19-1263. This legislation decriminalized the possession of small amounts of certain Schedule I and Schedule II drugs.
If your property, such as your car, apartment or even workplace, is searched, the police will need a search warrant to do so without a valid exception. If you give them the right to search, that`s an exception. If drugs are in sight, that is another exception because it gives the officer probable cause. The possession or use of marijuana is still illegal on federal lands. These include: Several types of offences are considered Level II offences. The most common include abuse of toxic fumes, possession of more than two (but not more than six) ounces of marijuana, drug advertising paraphernalia, and illegal use of a controlled substance. Penalties for illegal possession depend on the amount. First possession of up to 2 ounces is a non-criminal minor offence.
This brings in up to $100. There are many possible defenses to combat Colorado`s drug allegations, including that the accused never controlled the drugs, that law enforcement conducted an illegal search, or that police held the accused captive. And defendants who complete a drug diversion program may be able to completely dismiss their possession charges. It is illegal to drive after using marijuana; This may result in drunk driving fees. Under state law, marijuana`s impairment is 5 nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of blood. Drug-related criminal activity occurs consistently across all age groups and involves all substances that are on the lists – and often some that are not.