Controlled substance-related charges can arise on college campuses. Colorado has legalized marijuana and Denver has now legalized mushrooms, but there are still restrictions on where and how they can consume these substances. Public consumption of marijuana is absolutely not allowed in Colorado. This means people are getting better at hiding their drug use. There are edibles and vape pens that do not give off the same aroma, so they think they get away with it. Campus security may be called, and then they have a possession charge. Possession of different substances is still illegal in Colorado if they are under 18. They cannot possess or consume any marijuana even though it is legal for other people in the States.
Depending on how much narcotics they have in their possession, the authorities could think this is not for personal consumption but for dealing instead. There is still a significant black market for marijuana and different drugs in Colorado. Also, depending on the types of paraphernalia they have, they may be looking at possession with intent to distribute or paraphernalia for drug possession charges. A person should be extremely careful if they intend to leave the state with any sort of drugs. If they get pulled over and tell the cops they are leaving the state, they may look at them for drug trafficking.
If you have been charged with possessing drugs or other paraphernalia on campus, reach out to Jenn and Justie at Nicol Gersch Law for help. Having a seasoned Colorado Front Range campus drug offense lawyer by your side could help you understand your rights and legal options. Speak to a knowledgeable student defense attorney to get started building your defense.
Possession of illegal drugs is the most common drug-related charge. There are prescribed medications, harder drugs, and Schedule I or II drugs that can lead them down the path to felony charges. There is also the intent to distribute drugs, which is usually based on the amount of drugs in their possession, the packaging, and the paraphernalia with it. They will look at whether there are dime bags, scales, and large amounts of cash available. That is what the DA will use to build an intent to distribute case. In some rare circumstances, they will catch someone doing a drug deal in person and charge them with the distribution of drugs.
In some situations, there are athletes with steroids in their possession or substances designed to enhance their athletic performance. It does not happen all that much, but when it does, that is more of an issue with the NCAA if they are a Division I athlete. Those types of offenses can result in athletes losing their scholarship. If there is any doubt about whether they can prove that it was their drugs or not in possession cases, that is usually the best defense. It is recommended to get an experienced Colorado Front Range campus drug offense lawyer involved anytime they are charged with possession.
A skilled defense attorney can help after a student has been found responsible for a drug-related offense because just like with an alcohol offense, a narcotics-related offense can land them in hot water both with the university as well as with the criminal court system. Having a diligent student defense attorney can help mitigate the damages to them and their lives both from the administrative sanctions and from the criminal court. They can run their sentences at the same time to get done with both sooner. If they can get a deferred or diversionary agreement, they can usually seal that offense later. Even municipal offenses involving drugs are sealable.
If there is a conviction, they can still get it sealed at a later date. They can generally seal drug offenses in Colorado even years down the line. Sometimes there is as much as a 10-year waiting period, but they can get it off their record. They need to know when they go into sentencing whether they are able to get this off their record, and that is something that a defense attorney can really help them with. They also need to be aware of when and how the university’s records would be available to other people—even if you seal your criminal record, there’s still a paper trail. The good news is that federal law prohibits disclosure of some school records, some things are confidential, but not all of it all the time. An experienced attorney can advise a student of this aspect of their case, as well.
Let a Colorado Front Range campus drug offense lawyer help you mitigate any administrative and criminal consequences. Call Jenn and Justie at Nicol Gersch Law to discuss your case and legal options.