Level 3 Drug Felonies in Colorado (CRS 18-1.3-401.5)

• 1. What are level 3 drug felonies?
• 2. What is the sentence for level 3 drug felonies in Colorado?
• 3. What are examples?
• 4. Can level 3 drug felonies get sealed?
• 5. May I ask for a jury trial?
• 6. Are level 3 drug felonies deportable?
• 7. Do I have to surrender my guns?
• 8. What is the criminal statute of limitations?

1. What are level 3 drug felonies?

Level 3 drug felonies are the second-least serious category of Colorado’s four drug felonies. Level 3 drug felonies have laxer punishments than level 2 drug felonies and harsher punishments than level 4 drug felonies.

2. What is the sentence for level 3 drug felonies in Colorado?

The presumptive range penalties for level 3 drug felonies in Colorado are two to four years in Colorado State Prison and/or $2,000 to $500,000 in fines, a $2,000 drug offender surcharge, plus a one-year mandatory parole period.

But the prison term becomes four to six years if the case has aggravating factors, such as if the defendant at the time of the offense 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 3 drug felonies in Colorado include:

1. Attempt (CRS 18-2-101) to commit a level 2 drug felony
2. Selling controlled substances (CRS 18-18-405) that include no more than 14 grams of schedule I or schedule II drugs (not schedule III, schedule IV, or schedule V drugs)
3. Distributing an imitation controlled substance (CRS 18-18-422) to a minor if the adult is at least two years older than the minor

4. Can level 3 drug felonies get sealed?

Under Colorado state law, level 3 drug felony convictions can be sealed three years after the case ends. But if the case gets dropped, there is no waiting period to petition for a seal.²

Learn how to seal Colorado criminal records.

5. May I ask for a jury trial?

Yes. Defendants facing Colorado criminal charges of a level 3 drug felony can have a jury trial of twelve jurors. Alternatively, the defendant can choose to have a bench trial with only a judge. Or with the judge’s permission, the defendant can ask for a smaller jury of no less than six people.³

6. Are level 3 drug felonies deportable?

Yes, drug convictions can result in non-citizens being deported from the U.S. That is why immigrants accused of violating drug laws are advised to retain experienced counsel right away to try to get the charges lessened or dismissed. Learn more about the criminal defense of immigrants in Colorado.⁴

7. Do I have to surrender my guns?

Yes. It is unlawful for people convicted of any felony to own or carry firearms in Colorado. The only method to get gun rights restored is through a Governor’s Pardon.⁵

8. What is the criminal statute of limitations?

The district attorney can bring level 3 drug felony charges for up to three years after the alleged offense. And if the defendant is not in Colorado, the statute of limitations will pause (toll) for no more than five years.⁶

Facing a felony, misdemeanor, or petty offense drug charge? We create attorney-client relationships throughout Colorado, including Denver, Colorado Springs, Greeley, and more. We fight for the best possible outcome in your criminal or DUI case. Disclaimer: Results cannot be guaranteed.

Return to our Colorado felony classes main page or our Colorado drug offense main page. Also see our related articles on drug petty offenses (less serious than drug misdemeanors), drug possession / simple possession of a controlled substance (CRS 18-18-403.5), and paraphernalia possession (CRS 18-18-428).

Also see our specific drug pages on ketamine, methamphetamine, codeine, LSD, medical use of marijuana and marijuana concentrate, and synthetic cannabinoids.

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