Methamphetamine is a Schedule II controlled substance that is illegal throughout Colorado. Under CRS § 18-18-403.5, possession of 4 grams or less of methamphetamine is a level 1 drug misdemeanor and is usually punishable by probation. Selling or manufacturing meth is always a drug felony that carries prison time.
But there are several possible defenses – including that the police search was illegal – which could potentially get the charges reduced or dismissed.
Below, our Denver Colorado criminal defense lawyers will discuss the following:
- 1. What is methamphetamine?
- 2. What are the penalties for unlawful use?
- 3. What are the penalties for possession?
- 4. What are the penalties for selling (or possessing to sell)?
- 5. What are some defenses?
Methamphetamine is an illegal drug in Colorado.
1. What is methamphetamine?
Methamphetamine (also known as meth, crystal, chalk, or ice) is a Schedule II controlled substance and stimulant that is chemically similar to amphetamine. Although occasionally prescribed by doctors for the treatment of attention deficit hyperactivity disorder (ADHD), obesity or narcolepsy, prescriptions for methamphetamine are rare due to meth’s high potential for abuse.
Recreational meth most frequently comes as white, odorless, bitter-tasting crystals or powder that can be ingested orally, smoked, snorted, or dissolved in water or alcohol and injected. Smoking or injecting the narcotic, in particular, produces a rapid onset of intense euphoria that quickly fades, leading many users to “binge and crash” repeatedly in an attempt to hold on to the euphoria.
Repeated use of crystal meth can, however, quickly lead to addiction. Effects of meth addiction can include:
- Decreased motor skills,
- Impaired verbal learning,
- Severe structural and functional changes in areas of the brain associated with emotion and memory,
- Extreme weight loss,
- Dental problems (“meth mouth”),
- Skin sores (from scratching), and
- Increased risk of infectious diseases such as HIV and hepatitis B and C (from unsafe sex and sharing contaminated needles)1
2. What are the penalties for unlawful use?
CRS 18-18-404 makes unlawfully using methamphetamine a level 2 drug misdemeanor, which carries:
- Up to 12 months in county jail, and/or
- $50 – $750 in fines.
However, the court may instead impose the following, lighter penalty for drug use:
- Probation of up to 1 year;
- Possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense); and
- Up to $500 in fines.
3. What are the penalties for possession?
CRS 18-18-403.5 makes it a level 1 drug misdemeanor to have control over 4 grams or less of methamphetamine knowingly. The punishment is:
- 6 to 18 months in jail; and/or
- $500 to $5,000 in fines.
However, the judge can instead impose probation for possession of meth, which may include:
- Possibly 180 days in jail time (or up to 364 days for a 3rd offense); and/or
- Up to $1,000 in fines.
Note that a fourth-time conviction is a level 4 drug felony. Penalties for this drug crime are:
- 6 to 12 months in prison (plus 1 year of parole), and/or
- A fine of $1,000 to $100,000.
Meanwhile, possessing more than 4 grams of meth is a level 4 drug felony conviction, carrying:
- 6 to 12 months in prison (plus 1 year of parole), and/or
- A fine of $1,000 to $100,000.
However, defendants who were incarcerated – or on felony parole – at the time of the possession face an aggravated drug felony sentence of 9 months to 2 years in prison.2
3.1. Reduction of a felony to a misdemeanor
Level 4 drug felonies are wobblers in the state of Colorado. This means eligible defendants can get the charge reduced to a misdemeanor after undergoing drug treatment. Defendants are ineligible for deferred sentencing and reduction of their drug possession charges if:
- They are ineligible for probation under CRS 18-1.3-201,
- They have ever been convicted of a crime of violence, or
- They have two or more prior felony drug convictions (including drug felonies reduced to misdemeanors).3
4. What are the penalties for selling (or possessing to sell)?
CRS 18-18-405 makes it a felony to sell methamphetamine (or to possess it for sale). Penalties depend on:
- The quantity of methamphetamine involved, and
- The age of the person being sold to
| Amount of methamphetamine | Penalties for selling (or possessing with intent to sell) |
| Up to 7 grams | Level 3 drug felony:
|
| More than 7 grams up to 112 grams | Level 2 drug felony:
|
| More than 112 grams, or Any amount when the recipient is a minor (under 18) and at least two years younger than the defendant | Level 1 drug felony:
|
| No more than 2 grams for immediate consumption | Level 4 drug felony:
This is a wobbler offense. Eligible defendants can get the charge reduced to misdemeanor possession after undergoing drug treatment. |
Also see our article on possession of methamphetamine precursors (CRS 18-18-412.5), which makes it a level 2 drug felony to possess chemicals such as
- ephedrine,
- pseudoephedrine, or
- phenylpropanolamine with the intent to use them to manufacture meth.
5. What are some defenses?
Five common defenses to Colorado meth charges can include:
- The meth belonged to someone else;
- The defendant did not know he/she possessed the methamphetamine;
- The police found only trace amounts of meth (not enough to use as a drug);
- The meth was discovered as the result of an illegal search and seizure; or
- Local law enforcement agencies engaged in misconduct, such as coercing a confession, planting or falsifying evidence, or failing to read the Miranda rights.
Legal references:
- Colorado Revised Statute 18-18-204 (2) (c)(II); House Bill 19-1263.
- CRS 18-18-204 (2) (c)(II); House Bill 19-1263; see Patton v. People, 35 P.3d 124 (2001); see People v. Harrison, 465 P.3d 16 (2020).
- CRS 18-1.3-401.5 (2)(b)(V).
- CRS 18-18-405 (2)(c).
- CRS 18-18-405 (2)(b).
- CRS 18-18-405 (2)(a).
- CRS 18-18-405 (2)(d).