“Level 1 Drug Felonies” in Colorado – Law & Penalties

• 1. What are level 1 drug felonies?
• 2. What is the sentence for level 1 drug felonies in Colorado?
• 3. What are examples?
• 4. Can level 1 drug felonies get sealed?
• 5. Can I have a trial?
• 6. What if I am not a U.S. citizen?
• 7. Do I have to give up my firearms?
• 8. What is the criminal statute of limitations?

1. What are level 1 drug felonies?

Level 1 drug felonies are the most serious class of Colorado’s four drug felonies. Level 1 drug felonies carry harsher punishments than

• level 2-,
• level 3-, and
• level 4 drug felonies.

Level 1 drug felonies are the most serious violations of illegal drug laws in Colorado.

2. What is the sentence for level 1 drug felonies in Colorado?

The presumptive range penalties for level 1 drug felonies in Colorado are

• eight to 32 years in Colorado State Prison,
• $5,000 to $1,000,000 in fines,
• a $4,500 surcharge, plus
• a three-year mandatory parole period.

But the minimum prison term becomes 12 years if the case has aggravating factors.

An aggravated level 1 drug felony is when the defendant was either:

• on parole,
• on probation or bond for another felony,
• in confinement for a felony, or
• an escapee from confinement for a felony¹

Learn more in our article Colorado felony sentencing guidelines.

3. What are examples?

There are only four level 1 drug felonies in Colorado:

1. Selling controlled substances (CRS 18-18-405) that include more than 225 grams of a schedule I or schedule II drug – or more than 112 grams of methamphetamine, heroin, ketamine, or cathinone – or more than 50 milligrams of flunitrazepam;
2. Selling controlled substances (CRS 18-18-405) that are schedule I or II drugs to a minor, and the adult is at least two years older than the minor;
3. Selling marijuana to a minor (CRS 18-18-406) if there is more than 2.5 pounds of marijuana – or more than 1 lb. of marijuana concentrate – and if the adult is at least two years older than the minor;
4. Selling marijuana (CRS 18-18-406) if the amount of marijuana is more than 50 pounds – or the amount of marijuana concentrate is more than 25 lbs.

See the state government’s official list of Colorado level 1 drug felonies.

4. Can level 1 drug felonies get sealed?

Level 1 drug felony convictions in Colorado can be sealed five years after the case closes. But if the charge gets dismissed, there is no waiting period to ask the court for a record seal.²

Learn how to seal Colorado criminal records.

The presumptive maximum sentence for a level 1 drug felony is 32 years in prison.

5. Can I have a trial?

Yes. Level 1 drug felony defendants in Colorado can have either a bench trial or a jury trial of twelve jurors (though the defendant can request a smaller jury of no less than six jurors).³

6. What if I am not a U.S. citizen?

Non-citizens who get convicted of level 1 drug felonies will be deported from the U.S. after they serve their prison sentence. That is why non-citizens charged with drug crimes should hire an attorney to fight the charges. Learn more about the criminal defense of immigrants in Colorado.⁴

7. Do I have to give up my firearms?

Yes. Convicted felons may not own, possess, or carry guns in Colorado. But they may be able to get gun rights restored through a Governor’s Pardon.⁵

8. What is the criminal statute of limitations?

Colorado prosecutors have three years to bring level 1 drug felony charges after the alleged offense occurred. This statute of limitations pauses (tolls) for up to five years if the defendant is not in Colorado.⁶

Legal References