What are level 1 drug misdemeanors in Colorado?
Colorado law subdivides drug misdemeanors into two tiers: level 1 to level 2. Level 1 drug misdemeanors are the most serious category of Colorado drug misdemeanors. Common examples of level 1 drug misdemeanors in Colorado include:
- The Colorado crime of unlawful drug possession (of schedule III, IV or V drugs, or drugs listed in part 2 or Article 18 of Title 18, not including flunitrazepam or ketamine.)
- The Colorado crime of marijuana possession (more than 6 oz. but not more than 12 oz., or not more than 3 oz. of marijuana concentrate)
- The Colorado crime of attempting to commit a level 4 drug felony
See the full list of Colorado level 1 drug misdemeanors.
What are level 1 drug misdemeanor penalties in Colorado?
The minimum penalty for level 1 drug misdemeanors is:
- 6 months in jail and/or $500 in fines
And the maximum penalty for level 1 drug misdemeanors is:
- 18 months in jail and/or $5,000 in fines
Starting March 1, 2020, the punishment for unlawful possession is:
- Probation of up to 2 years;
- Possibly 180 days in jail; and
- Up to $1,000
But for a 3rd or subsequent offense, up to 364 days in jail.
Other level 1 drug misdemeanor facts in Colorado
Certain level 4 drug felonies are wobblers. This means they can be reduced down to level 1 drug misdemeanors if the defendant successfully completes probation.
People facing level 1 drug misdemeanor charges in Colorado may demand a jury trial of six people. (With the court’s okay, the defendant may opt for a bench trial or a smaller jury of no less than three jurors.) Depending on the circumstances of the charge, the defendant might be able to have the criminal case sealed from his/her record.
Though Colorado level 1 drug misdemeanors and Colorado level 2 drug misdemeanors are not as serious as felonies, some of them could be considered deportable offenses or crimes involving moral turpitude. Consequently, aliens facing certain level 1 drug misdemeanors charges should speak with an attorney about how to try to safeguard their resident status in the U.S.
Arrested in Colorado? Call us . . . .
If you are facing drug charges in Colorado, our Denver Criminal Defense Attorneys want to try to get the charge reduced or dismissed. We are also ready to go to trial if necessary. Contact us at (303)222-0330 for a free consultation.
- Return to our Colorado drug laws main page