Colorado drug laws are among the most intricate and confusing in the nation. Many innocent people get wrongfully arrested by law enforcement. Others get overcharged with drug selling or manufacturing when all they committed was simple possession. In many cases, the whole matter was a mistake. And what the defendant needs is help, not punishment.
Treatment instead of jail
Our knowledge of the local courts and the prosecutors with the Denver District Attorney and Jefferson County District Attorney give us a leg up when it comes to defending a Denver drug case. Often we are able to convince the prosecutor that everyone would be better served if our client received drug diversion programs and treatment services instead of jail time.
Colorado has many alternatives to jail time for drug offenders, including specialized drug courts, Veterans Treatment Courts, help with mental health issues, and deferred sentencing for people who plead guilty to Colorado drug offenses.
Your well-being matters to us
When we represent a client, we are looking for how we can best serve that person’s interests. We don’t just process you through the system. We will defend you proactively from the start — and if you stumble during treatment, we can help you fight your probation or parole violation and help you get your life back on track. And after you successfully complete a drug program, we can help you get your Colorado criminal record sealed or expunged.
To help you get started understanding Colorado’s drug laws, our Denver Colorado criminal defense lawyers discuss the following, below:
- 1. What drugs are legal in Colorado?
- 2. What drugs are illegal in Colorado?
- 3. What are the drug penalties?
- 4. Links to articles on specific drugs
Colorado has approved the legalization of the possession of marijuana by those aged 21 and over in limited circumstances. However, possession of more than 28 grams / one ounces of marijuana – or any amount by people under 21 other than medical marijuana — is a crime in Colorado. You can obtain more information about both medical and retail marijuana in our article on Colorado Marijuana Laws or from the Colorado Department of Public Health and Environment’s marijuana information page.
Marijuana possession is also illegal on federally owned property within the state of Colorado, which is subject to the more stringent requirements of 21 USC 812 — the federal Controlled Substances Act. Federal property includes National Parks, airports, courthouses, the Veteran’s Administration, HUD housing and post offices.
Colorado state law divides controlled substances into five “schedules” according to the drug’s likelihood for abuse. There is also a separate schedule that applies to possession of synthetic cannabinoids and salvia.
Colorado drug schedules are:
- Schedule I: drugs with a high potential for abuse and no accepted medical use, or those that are unsafe for use in treatment, even under medical supervision. Schedule 1 drugs include heroin and hallucinogens such as LSD, PCP, psilocybin (magic mushrooms), mescaline and peyote.1
- Schedule II: drugs with a high potential for abuse, but which have an accepted medical use and can result in severe psychological and physical dependence if abused. Schedule II drugs include opium and prescription opioid pain pills such as oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, fentanyl and methadone, as well as stimulants such as cocaine and methamphetamines.2
- Schedule III: drugs with a lesser abuse potential than Schedule I or II drugs, and which have an accepted medical use, but which can lead to low or moderate physical dependence and high psychological dependence. Schedule III drugs include: barbiturates, ketamine, anabolic steroids, and medications including small amounts of codeine.3
- Schedule IV: drugs with a lower potential for abuse than Schedule III drugs, and which have an acceptable medical use, but may lead to limited psychological and physical dependence. They include prescription anti-anxiety medications such as diazepam (valium) and non-barbiturate sleep medications such as zolpidem (Ambien).4
- Schedule V: the least dangerous drugs, with the lowest potential for abuse, a currently accepted medical use, and which are likely to lead to only limited physical or psychological dependence. Schedule V drugs include: medicines that have very small amounts of certain specified narcotic drugs – for example, over-the-counter cough syrups and cold medications containing small amounts of codeine.5
Colorado drug laws favor treatment over imprisonment when it comes to personal use – at least initially.
As a result, drug use (CRS 18-18-404) and drug possession (CRS 18-18-403.5) charges are usually a misdemeanor. But possession of a controlled substance can be a felony when it involves more than four grams of schedule I or II drugs, or any amount of GHB, Ketamine, or flunitrazepam.6
When the offense is sales (CRS 18-18-405), manufacturing, and/or manufacturing of imitation drugs (CRS 18-18-422), you may find yourself charged with a felony. Penalties for Colorado felony drug offenses can include both prison time and hefty fines, depending on a number of factors including:
- The “schedule” on which the drug is listed (the more serious the drug, the more serious the sentence),
- The quantity of drugs involved,
- Whether the drugs were for personal use, sale, or large-scale distribution,
- Whether you are a habitual drug offender or have a history of drug convictions, and
- Whether you are on probation, on parole, or incarcerated for a felony offense.
At the low end, consequences of Colorado felony drug charges can be as little as six months in county jail and/or a fine of $1,000.
But the most serious Colorado drug felony convictions can carry a sentence of up to 32 years in prison and up to $1,000,000 in fines. Learn more in our article about aggravated drug felony sentencing.
Colorado’s criminal justice system has seven separate classes of drug crimes. From most serious to least serious, they are the following:
- Level 1 drug felonies
- Level 2 drug felonies
- Level 3 drug felonies
- Level 4 drug felonies
- Level 1 drug misdemeanors
- Level 2 drug misdemeanors
- Drug petty offenses
Note that certain drug crimes are wobblers, meaning they can be either felonies or misdemeanors.
Learn about sealing drug crimes in Colorado.
For more information you may wish to visit our Colorado-specific pages on:
- Cocaine laws,
- Ecstasy / MDMA / Molly laws,
- GHB and flunitrazepam laws,
- Heroin laws,
- Hydrocodone laws,
- Ketamine laws,
- LSD laws,
- Marijuana laws,
- Marijuana concentrate laws,
- Methamphetamine laws,
- PCP (Angel Dust) laws, or
- Psilocybin mushrooms
4. Call us for help…
If you or someone you know has been arrested for violating Colorado drug laws, let us help. Don’t take a chance on being labeled a drug offender and losing your rights and freedom.
We offer free consultations by telephone, in-person, or via email. Reach out to us using the form on this page or, if you prefer, contact us at our Denver home office:
Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
- CRS 18-18-203; see, e.g., People v. Holmberg, 992 P.2d 705 (Colo. App. 1999).
- CRS 18–18–204; see, e.g., People v. Frantz, 114 P.3d 34 (Colo. App. 2004).
- CRS 18-18-205.
- CRS 18-18-206.
- CRS 18-18-207.
- CRS 18–18–403.5; See also People v. Gonzales, 2017 COA 62, 415 P.3d 846 (2017); People v. Yeadon, 462 P.3d 1087 (CO 2020); see also new law House Bill 19 – 1263 and the Colorado Criminal Justice Reform Coalition.