Drug Distribution 2018-01-04T18:30:40+00:00

Colorado Illegal Drug (Controlled Substance) Distribution Law

Penalties are relatively more severe for the crime within Colorado of unlawful distribution, manufacture, dispensing or sale of controlled substances than they are for the possession of illegal drugs.

Except as specifically authorized under Colorado law, it is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or induce, attempt to induce, or conspire with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute, a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.

Dispense does not include labeling, as defined in Colorado statutes.

Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in and for offenses involving minors, any person who violates the foregoing prohibition:

(I) In the case of a controlled substance listed in schedule I or II, commits:

(A) A class 3 felony; or

(B) A class 2 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this provision applies or would apply if convicted within Colorado;

(II) In the case of a controlled substance listed in schedule III, commits:

(A) A class 4 felony; or

(B) A class 3 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this provisions applies or would apply if convicted within Colorado;

(III) In the case of a controlled substance listed in schedule IV, commits:

(A) A class 5 felony; or

(B) A class 4 felony, if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this provision applies or would apply if convicted in Colorado;

(IV) In the case of a controlled substance listed in schedule V, commits:

(A) A class 1 misdemeanor; or

(B) A class 5 felony, if the violation is committed subsequent to any prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation to which this provision applies or would apply if convicted within Colorado.

Notwithstanding other provisions, a person who violates the provisions of this section with regard to flunitrazepam or ketamine commits a class 3 felony; except that the person commits a class 2 felony if the violation is committed subsequent to a prior conviction in this or any other state, the United States, or any territory subject to the jurisdiction of the United States of a violation involving flunitrazepam or ketamine or to which subparagraph (I) of paragraph (a) of subsection (2) of this section applies or would apply if convicted in this state.

Any person convicted of violating the provisions of this section of the Colorado statute with regard to flunitrazepam or ketamine shall be subject to the applicable mandatory sentencing provisions of Colorado statutes.

Unless a greater sentence is required pursuant to the provisions of another statute, any person convicted for knowingly manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, or inducing, attempting to induce, or conspiring with one or more other persons, to manufacture, dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute an amount that is or has been represented to be:

At least twenty-five grams or one ounce but less than four hundred fifty grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance shall be sentenced to the department of corrections for at least the minimum term of incarceration in the presumptive range provided for such offense with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for at least the minimum term of incarceration in the presumptive range provided for such offense as modified pursuant to Colorado law with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;

At least four hundred fifty grams or one pound but less than one thousand grams of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance shall be sentenced to the department of corrections for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense  with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term of at least the midpoint of the presumptive range but not more than twice the maximum presumptive range provided for such offense as modified pursuant to Colorado law with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;

One thousand grams or one kilogram or more of any material, compound, mixture, or preparation that contains a schedule I or schedule II controlled substance shall be sentenced to the department of corrections for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense in section with regard to offenses other than manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute, and for a term greater than the maximum presumptive range but not more than twice the maximum presumptive range provided for such offense as modified pursuant to Colorado law with regard to manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute.

In addition to any other penalty imposed, upon conviction, a person who violates such subsection of Colorado statutes shall be fined not less than one thousand dollars but not more than five hundred thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in applicable Colorado statutes.

The felony offense of unlawfully manufacturing, dispensing, selling, distributing, or possessing with intent to unlawfully manufacture, dispense, sell, or distribute a controlled substance is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified under Colorado statutes.

When a person commits unlawful distribution, manufacture, dispensing, sale, or possession with intent to manufacture, dispense, sell, or distribute any schedule I or schedule II controlled substance, flunitrazepam, or ketamine, twice or more within a period of six months, without having been placed in jeopardy for the prior offense or offenses, and the aggregate amount of the schedule I or schedule II controlled substance, flunitrazepam, or ketamine involved equals or exceeds twenty-five grams, the defendant shall be sentenced pursuant to the mandatory sentencing requirements specified in Colorado law.

Notwithstanding other provisions of the statute, and subject to other provisions of the statute, a person who violates the applicable Colorado statute by selling, dispensing, or distributing a controlled substance other than marijuana or marijuana concentrate to a minor under eighteen years of age and who is at least eighteen years of age and at least two years older than the minor commits a class 3 felony and, unless a greater sentence is provided under any other statute, shall be sentenced to the department of corrections for a term of at least the minimum, but not more than twice the maximum, of the presumptive range provided for such offense under applicable Colorado law.

In addition to prosecution in Colorado under state law an individual who distributes 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 in Colorado of drug distribution it can substantially affect their future. Drug distribution 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 with a drug distribution offense in the Denver metropolitan area, or within other areas of Colorado, 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 telephone 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.