A level 2 drug felony is a class of Colorado drug crime punishable by 4 years to 8 years in prison and/or fines of $3,000.00 to $750,000.00. But if there are aggravating circumstances, the prison term is 8 years to 16 years. Convictions can usually be sealed five years after the criminal case ends.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What are level 2 drug felonies?
- 2. What is the sentence for level 2 drug felonies in Colorado?
- 3. What are examples?
- 4. Can level 2 drug felonies get sealed?
- 5. Can I get a trial by jury?
- 6. What are the immigration consequences?
- 7. Do I have to give up my guns?
- 8. What is the criminal statute of limitations?
1. What are level 2 drug felonies?
Level 2 drug felonies are the second-most serious class of Colorado’s four drug felonies. Level 2 drug felonies carry laxer punishments than level 1 drug felonies but harsher punishments than level 3 drug felonies.
2. What is the sentence for level 2 drug felonies in Colorado?
The presumptive range penalties for level 2 drug felonies in Colorado are four to eight years in Colorado State Prison and/or $3,000 to $750,000 in fines, a $3,000 drug offender surcharge, plus a two-year mandatory parole period.
But the prison term becomes eight to sixteen years if the case has aggravating factors, including whether the defendant at the time of the crime 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?
Three common examples of level 2 drug felonies in Colorado are:
- Selling controlled substances (CRS 18-18-405), more than 14 grams to up to 225 grams of a schedule I or schedule II controlled substance (not schedule III, schedule IV, or schedule V)
- Unlawful sale or distribution of materials to manufacture controlled substances (CRS 18-18-412.7)
- Unlawful possession of materials to make methamphetamine and amphetamine (CRS 18-18-412.5)
See the state government’s official list of Colorado level 2 drug felonies.
4. Can level 2 drug felonies get sealed?
Level 2 drug felony convictions in Colorado can be sealed five years after the case ends. But if the case gets dismissed, there is no waiting period to petition the court for a record seal.2
5. Can I get a trial by jury?
Yes. Colorado defendants accused of a level 2 drug felony can have a jury trial of twelve jurors (though the defendant can ask the judge that the jury have only six jurors). Otherwise, the defendant can choose to have a bench trial with only a judge and no jury at all.3
6. What are the immigration consequences?
Non-citizens convicted of level 2 drug felonies will likely be deported from the U.S. once they serve their prison sentence. Learn more about the criminal defense of immigrants in Colorado.4
7. Do I have to give up my guns?
8. What is the criminal statute of limitations?
The district attorney has three years to press level 2 drug felony charges in Colorado after the alleged offense took place. This statute of limitations pauses (tolls) for up to five years if the defendant is out of state.6
- Colorado Revised Statute (criminal statute) 18-1.3-401.5; see also People v. Loris, (Court of Appeals of Colorado, Division Five, 2018) COA 101, 434 P.3d 754; see also Graham v. Exec. Dir. of Colo. Dep’t of Corr., (2020) CO 1, 455 P.3d 776.
- CRS 24-72-701 – 708.
- CRS 18-1-406.
- 8 USC 1227.
- CRS 18-12-108; Colorado Constitution, Article IV, § 7.
- CRS 16-5-401.