Colorado Illegal Drug (Controlled Substance) Possession Law

If you have been charged or arrested, or are under investigation for illegal drug possession within the Denver metropolitan area, or anywhere else within the State of Colorado, it is essential that you consult an experienced criminal defense attorney before making any statement to the police or prosecutors. Depending on the types of drugs and the circumstances of the offense, you could face years in prison, an expensive fine, and a criminal record if you are convicted. As a dedicated criminal defense attorney, Ross Koplin will inform you of your rights and fight to protect them in court.

Illegal drug possession is the criminal offense of owning, holding, or having any amount of a controlled substance. Within the Colorado Criminal Law statutes, drugs are referred to as “controlled substances.” The possession, use and distribution of controlled substances are regulated by the federal government and the state of Colorado.

In Colorado, controlled substances fall within four categories. Because each drug schedule is regulated differently, the schedule of the drug that a person is accused of possessing is very important, and will determine the degree of the crime and the type of sentence you may get if you are convicted.

The type of illegal drug offense will also impact the punishment of the crime. For example, the crime of controlled substance possession, with intent to sell or distribute, is considered a much more serious offense than that of illegal drug possession for personal use. It is also a crime to be in possession of most drug-related paraphernalia.

Possession of Schedule I substances in Colorado are considered the most serious possession offenses. Colorado statutes provide that a drug shall be added to schedule I of controlled substances by the general assembly when:

(a) The substance has high potential for abuse;

(b) The substance has no currently accepted medical use in treatment in the United States; and

Currently Colorado statutes contain a listing of specific chemicals that are considered Schedule I substances.

Colorado statutes provide that a substance shall be added to schedule II by the general assembly when:

(a) The substance has high potential for abuse;

(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

Currently Colorado statutes contain a listing of specific chemicals that are considered Schedule II substances.

Colorado statutes provide that a substance is to be added to schedule III by the general assembly when:

(a) The substance has a potential for abuse less than the substances included in schedules I and II;

(b) The substance has currently accepted medical use in treatment in the United States; and

Currently Colorado statutes contain a listing of specific chemicals that are considered Schedule III substances.

Colorado statutes provide a substance shall be added to schedule IV of controlled substances by the general assembly when:

(a) The substance has a low potential for abuse relative to substances included in schedule III;

(b) The substance has currently accepted medical use in treatment in the United States; and

(c) The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in schedule IV.

Currently Colorado statutes contain a listing of specific chemicals that are considered Schedule IV substances.

Colorado statutes provide a substance shall be added to schedule V of controlled substances by the general assembly when:

(a) The substance has a low potential for abuse relative to substances included in schedule IV;

(b) The substance has currently accepted medical use in treatment in the United States; and

(c) The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in schedule IV.

Currently Colorado statutes contain a listing of specific chemicals that are considered Schedule V substances.

Criminal penalties for possession of a controlled substance in Colorado can be severe. Except as otherwise may be provided under Colorado law a person who possesses:

Any material, compound, mixture, or preparation weighing four grams or less that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed within schedule I or II of controlled substances except methamphetamine commits a class 6 felony.

Any material, compound, mixture, or preparation weighing more than four grams that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed within schedule I or II, except methamphetamine, commits a class 4 felony.

Any material, compound, mixture, or preparation weighing two grams or less that contains any quantity of methamphetamine commits a class 6 felony.

Any material, compound, mixture, or preparation weighing more than two grams that contains any quantity of methamphetamine commits a class 4 felony.

Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in schedule III, IV, or V, except flunitrazepam or ketamine, commits a class 1 misdemeanor.

In addition to prosecution in Colorado under state law an individual who possesses most controlled substances may be prosecuted in the United States District Court under federal law.

Contact Colorado Criminal Defense Attorney Ross Koplin

When a person has been convicted of drug possession, no matter how minor, it can haunt them for years to come. Drug possession offenders may have a difficult time gaining or maintaining employment because of their criminal record or may suffer in other ways. If you or a loved one has been charged within the Denver metropolitan area, or in any other area of Colorado, with a drug possession offense, Ross Koplin is a passionate and aggressive criminal defense attorney. We will help you evaluate every reasonable legal defense available to you. For a free, confidential consultation call Ross Koplin at: (303) 831-8924.

Legal Disclaimer – The information contained at this web site is not intended to be legal advice and all information regarding Colorado criminal law is general content only and should not be relied upon for any specific Colorado criminal law situation. Information on this web site is not intended to be comprehensive and does not cover all the issues, nuances or ramifications related to the topic discussed. This web site may not be updated routinely to reflect the very most current Colorado law.

Individuals should consult an experienced Denver criminal lawyer for advice regarding an individual situation.