It can happen faster than you think. You may have been pulled over near Boulder Canyon, and an officer spotted a small container in your car. Or perhaps a roommate’s prescription ended up in your backpack, and now you’re facing a charge for drug possession. You’re worried about jail time, your job, and your future.
Understanding Colorado drug possession laws is essential to defending your rights if you’re facing a charge. Penalties depend on the type of drug, amount, and criminal history, and a skilled Boulder, Colorado drug crime defense attorney can emphasize specifics that might determine whether the charge is a misdemeanor or a felony.
For a free, no-obligation consultation, please send us an online message or call (970) 219-2923 today.
It is illegal to “knowingly possess” a controlled substance in Colorado unless prescribed or authorized by law. This includes actual possession (the drugs are physically on you) and constructive possession (the drugs are nearby, such as in your car or home, and prosecutors believe you knew about them).
Colorado classifies drugs based on a Controlled Substance Schedule, similar to the Drug Enforcement Administration’s list.
It groups them in the following manner by potential for abuse and accepted medical use:
The schedule determines how the state classifies your case and what penalties may apply if convicted of being in possession of a controlled substance.
The difference between a misdemeanor and felony drug possession charge often comes down to what you possessed, how much, and why prosecutors believe you had it. Colorado drug possession laws distinguish between simple possession, typically linked to personal use, and possession that suggests distribution or trafficking.
These possession of controlled substance cases usually involve smaller amounts of lower-schedule drugs, such as prescription medications or substances with recognized medical use. Often, these cases depend on whether the substance was for personal use and if there is any evidence of sales, such as scales or packaging materials.
This generally applies to drugs classified under higher schedules, such as heroin, fentanyl, or cocaine, especially when the quantity found exceeds what is considered reasonable for personal use. Even in the absence of an actual sale, the presence of cash, multiple containers, or digital communications can lead prosecutors to argue that there is an intent to distribute.
What might appear to be a low-level misdemeanor on paper can escalate quickly if the evidence suggests broader involvement. That’s why reviewing every fact, from how the drugs were discovered to what the officer documented, is essential to building your defense.
Colorado reformed its sentencing structure to emphasize rehabilitation, but serious drug crimes still carry substantial penalties.
According to the Colorado Sentencing Scheme Overview, sentences depend on the following drug level classification:
These numbers highlight why early representation is so important. There’s often room to argue for probation, diversion, or treatment-based resolutions to keep a conviction off your record.
Colorado law allows harsher sentencing when certain aggravating factors are present.
You may face enhanced penalties if:
Prosecutors also have discretion to pursue distribution or trafficking charges if they believe there’s intent to sell, even without proof of an actual sale.
At Merson Law Office, every client deserves a defense built on facts, not assumptions. Attorney James Merson has over two decades of experience defending clients in Boulder and across Colorado against drug-related charges, including possession, distribution, and trafficking.
When your freedom and record are on the line, you need an attorney who’s been there before and knows how to win. You have rights, and you have options. We’re ready to help you use both.
Send us an online message or call (970) 219-2923 today for a free consultation.
You can be charged if you knowingly have drugs on your person or in a location you control, such as your car or home. Actual or constructive possession both qualify under state law.
It’s a classification of drugs divided into five schedules based on medical use and abuse potential. Schedule I and II drugs carry the harshest penalties.
Stay calm, exercise your right to remain silent, and contact a defense attorney immediately. Anything you say can be used against you later, and legal advice early on is critical.
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