Drug Possession

Colorado lowered the felony threshold for fentanyl. Under C.R.S. 18-18-403.5, knowingly possessing a material, compound, or mixture that weighs more than one gram and not more than four grams and contains any quantity of fentanyl, carfentanil, or a related compound is a level 4 drug felony, effective July 1, 2022. For most other schedule I and II substances, simple possession up to four grams is a level 1 drug misdemeanor. The one-gram fentanyl trigger is far lower than the general four-gram line, so a small amount that would be a misdemeanor for another drug can be a felony when it contains fentanyl.

Right Law Group's guide explains: "You’ve been charged with drug possession based on lab test results that identified the substance as an illegal drug. The prosecution treats those lab findings as absolute truth."

Alexis explains: "So, if you're looking at possession of an illegal drug, so it could be something like heroin or something like a a large amount of marijuana or a large amount of mushrooms. Um, or a large amount of any classified substance could be considered a drug misdemeanor depending on the type of drug and depending on the amount of the drugs the person has."

Alexis explains: "Colorado has actually passed a new bill that is bringing our felony level drug charges down to misdemeanors"

Alexis explains: "so beginning in March first Colorado has actually passed a new bill that is bringing our felony level drug charges down to misdemeanors so what we had before is we would have people coming in with like two or three grams of heroin or meth and they were charged as felons now that's only going to be a misdemeanor everything under four grams of methamphetamine cocaine heroin anything like that is being charged as a misdemeanor"

Right Law Group's guide explains: "Under C. R. S. § 18-18-428, it’s illegal to possess any item that you know or should reasonably know could be used to consume, store, measure, or distribute controlled substances."

Right Law Group's guide explains: "Imagine police knocking at your door, claiming to have discovered drugs on the property. Before you know it, an officer states, “You’re under arrest for possession."

Drug Possession cases in Centennial are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

Alexis explains: "right so if you have any questions whatsoever about the new laws or you want any information about criminal defense in general you can reach us at Wright Law Group RightLawGroup.com you can also call or text us anytime at 719-822-6227"

Right Law Group's guide explains: "If you suspect that you may be under investigation for drug-related crimes in Colorado, it’s crucial to be aware of the signs that law enforcement might be building a case against you."

A fentanyl-specific possession conviction as a level 4 drug felony under C.R.S. 18-18-403.5(2.5) is governed by a special sentencing rule in C.R.S. 18-1.3-401.5(14). For an offense committed on or after July 1, 2022, the court imposes probation or county jail rather than a Department of Corrections term: up to 180 days in county jail for a first or second offense, or up to 364 days for a third or later offense. There is no state prison sentence and no mandatory parole at this possession level. This is narrower than a standard level 4 drug felony, which otherwise carries a six-month-to-one-year presumptive prison range.

Alexis explains: "so what we're doing we practice criminal law criminal defense we're preparing our clients just to know it's still going to be a crime to have possession of these illegal substances but the law has been placed into effect to motivate people towards rehabilitation rather than incarceration so what we're doing is we're still advising people if you have an issue if you have any type of substance abuse problem still seek help seek treatment but just know that this doesn't have to be the very end you won't be labeled a felon it's much more smoothly now that this new law is going into effect"

Alexis explains: "this also includes fentanyl which as you may know is incredibly potent we're looking right now fentanyl has somewhere around 50 times the potency of morphine I'm sorry of heroin and a hundred times the potency of morphine that's going to be a misdemeanor as well the only thing that will not be a misdemeanor now is going to be possession of GHB or the date-rape drug"

Right Law Group's guide explains: "Colorado is looking to decrease incarceration rates by making personal drug possession in Colorado a misdemeanor offense."

Alexis explains: "everything under four grams of methamphetamine cocaine heroin anything like that is being charged as a misdemeanor this also includes fentanyl"

Right Law Group's guide explains: "If you are curious about Colorado’s latest marijuana laws, you are not alone. Legalization of marijuana stirs curiosity among many people , including those who have never used it."

Right Law Group's guide explains: "Getting arrested for drug charges in Colorado can be frightening and confusing. Whether you’re facing charges for fentanyl possession , marijuana violations, or other controlled substances, understanding the arrest process and knowing your legal rights is essential to protecting your future."

Right Law Group's guide explains: "You thought you were buying Percocet, Xanax, or Adderall. Maybe you got the pills from someone you trusted, or bought them from what looked like a legitimate online pharmacy."

Right Law Group's guide explains: "“Those aren’t mine. ” Police hear this phrase hundreds of times a day in Colorado. Sometimes it’s true. Sometimes it’s a desperate lie."

Alexis explains: "Another type of misdemeanor charge is what's called a drug misdemeanor. Now, drug misdemeanor carry with it different penalties sometimes than regular misdemeanor. They may be more or less than a normal misdemeanor charge, but these are specific misdemeanors that deal with specific drug types."

Simple possession of most schedule I or II controlled substances is a level 1 drug misdemeanor under C.R.S. 18-18-403.5. A level 1 drug misdemeanor carries a jail range of six to eighteen months and a fine of $500 to $5,000. In practice the exposure is usually lower: for a possession offense under this statute, an alternative-sentencing provision caps jail at 180 days for a first or second offense, or 364 days for a third or later offense. Courts frequently use treatment, supervision, or diversion instead of jail. A fourth or later possession offense can be charged more seriously.

Adams County falls within the 17th Judicial District, and Drug Possession cases there are heard in the Adams County Justice Center.

Drug Possession cases connected to Adams County are heard in the Adams County Justice Center, part of the 17th Judicial District.

In Denver County, Drug Possession charges are handled through the Denver County Court & District Court, part of the 2nd Judicial District. Misdemeanor-level matters are heard on the county-court side and felony-level matters on the district-court side of the same courthouse.