Defending Drug Charges ​in Colorado

June 20, 2025

Facing drug charges in Colorado can be a terrifying experience, but understanding the state’s legal framework and available defense strategies can significantly impact the outcome of your case. 

If a case cannot be won on the merits or by suppressing evidence, keep in mind that Colorado’s approach to drug offenses emphasizes rehabilitation over incarceration, offering various avenues for defense and alternative sentencing.

Mr. Merson is a highly rated and experienced Colorado drug crime defense attorney that is committed to providing you with high quality legal representation on your drug charges.

He has been practicing criminal defense for over 20 years.

​Colorado’s drug statutes can have long lasting consequences and are not easily navigable. Many drug cases also have search and seizure issues that would allow a defendant to have evidence suppressed (“thrown out”) due to a constitutional violation. 

If you or a loved one is facing drug charges in Colorado, you will want an experienced advocate. Call today to set up a free consultation. 

These are several common drug charges defenses.  

Colorado classifies drug offenses based on the type and quantity of the substance involved. Penalties range from petty offenses to serious felonies, with varying degrees of severity.

Possession Offenses:

• Personal Use: Possession of 2 ounces or less of marijuana is legal for adults 21 and over. Possession of up to 2 ounces of marijuana in public is a petty offense, carrying a fine of up to $100 and possibly 24 hours of community service.
• Over 2 Ounces: Possession of more than 2 ounces but less than 6 ounces is a misdemeanor, punishable by 3 months to 364 days in jail and a fine up to $1,000.
• Felony Possession: Possession of larger quantities or certain controlled substances can lead to felony charges, with penalties ranging from 2 to 32 years in prison, depending on the amount and type of drug.

Sale and Distribution

Selling or distributing controlled substances is a serious offense in Colorado. Penalties escalate with the amount sold and whether the sale was to a minor. 

For example, selling more than 50 pounds of marijuana can result in 8 to 32 years in prison and fines up to $1,000,000.

Effective Defense Strategies

When defending against drug charges in Colorado, several legal strategies can be employed:

1. Unlawful Search and Seizure

If law enforcement conducted a search without a warrant, consent, or probable cause, any evidence obtained may be inadmissible in court. This could lead to the dismissal of charges.

2. Lack of Knowledge or Control

If you were unaware of the presence of drugs or did not have control over them, this can be a valid defense. For instance, if drugs were found in a shared vehicle or residence, establishing that you had no knowledge or control over the substances can be crucial.

3. Entrapment

If law enforcement induced you to commit a drug offense you otherwise would not have committed, this could constitute entrapment, leading to a potential dismissal of charges.

4. Chain of Custody Issues

If there are discrepancies or errors in the handling of evidence, such as improper storage or loss of continuity, the evidence may be deemed inadmissible, weakening the prosecution’s case.​

5. Medical Necessity

For certain substances, particularly marijuana, demonstrating that possession was for medical purposes and supported by a valid prescription can serve as a defense.

Alternative Sentencing and Diversion Programs

Colorado offers several alternatives to traditional sentencing, focusing on rehabilitation:

• Diversion Programs: These programs redirect offenders into treatment and rehabilitation services instead of jail time. Successful completion can lead to charges being dropped.
• Deferred Judgment and Sentence: Defendants plead guilty, but the court defers sentencing while the defendant complies with certain conditions. If conditions are met, the case may be dismissed.
• “Wobbler” Offenses: Some felony drug offenses can be reduced to misdemeanors upon successful completion of probation or community corrections, provided there are no aggravating factors.

Sealing and Expungement of Drug Convictions

Colorado law allows for the sealing of certain drug convictions, which can prevent them from appearing on background checks:

• Misdemeanors: Eligible for sealing two years after final disposition.
• Felonies: Eligible for sealing three years after final disposition, depending on the offense.

​However, Level 1 drug felony convictions are not sealable.

Contact a Skilled Colorado Drug Crime Defense Lawyer

If you or your loved one is accused of drug charges in Colorado, choosing an experienced lawyer is the best decision you can make early on in your case.  If you need representation in Longmont, Boulder, Fort Collins, Erie, Mead, Frederick, Firestone, Berthoud, Niwot, Dacono or Lyons, schedule a free consultation today.

Contact Merson Law Office at (970) 219-2923 or fill out an intake form here.  

About the Author

James Merson

Attorney

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