Being charged with a drug offense is serious and could result in a fine, incarceration, and other sanctions if convicted. Colorado drug laws can be confusing so it can be difficult to try fighting drug charges on your own. A mountain communities drug lawyer who understands the drug laws could make things easier for you by providing legal representation and fighting the charges on your behalf.
It could be to your advantage to be represented by an experienced defense lawyer who knows how to navigate the legal system. Ever heard of a wobbler? No? Maybe you should get an attorney who has! Jenn and Justie can work to protect your legal rights and fight to get you the best possible result in your case.
Drug offenses are outlined in the Colorado criminal code and include:
Illicit drugs and controlled substances, such as pharmaceuticals, are categorized into one of five schedules based on the potential for abuse. Drugs and substances with the highest potential for abuse and little to no accepted medical purpose are listed on Schedule I. Examples of Schedule I drugs include heroin, PCP, LSD, mescaline, and a range of other hallucinogens.
Drugs and substances with the lowest potential for abuse that have an accepted medical purpose are listed on Schedule V. Examples of Schedule V drugs include certain over-the-counter medications, such as those for colds or coughs. Although now “legal” in some circumstances, marijuana is still a regulated substance in Colorado, and offenses like open and public display or use of marijuana (a petty offense) or selling/dispensing marijuana to a minor (a class 1 drug felony) is still a problem for anyone unlucky enough to be charged. A knowledgeable mountain communities drug attorney could provide further details regarding the drugs and substances on each of the five schedules.
In the State of Colorado, it is legally permissible to be in possession of less than 28 grams of marijuana so long as the individual is 21 years of age or older. It is against the law to be in possession of more than 28 grams of marijuana or any amount if under 21 years of age. A skilled narcotics attorney within the mountain communities could answer questions about Colorado marijuana laws.
There are four levels of felony drug offenses within Colorado. Level one drug felonies (or DF1’s) are the most serious and have a maximum penalty of up to 32 years in prison. Other penalties for level one drug felonies can include fines up to $1 million and a minimum of 3 years on parole.
The penalties for level two drug felonies (DF2) include a prison sentence of 4 to 8 years and a fine or both if there were aggravating factors, such as committing the offense while on parole. The penalties for level three drug felonies (DF3) include a prison term of 2 to 4years and a fine or both.
Level four drug felonies (DF4) are the least serious felony offenses for drugs and have a maximum penalty of up to 2 years in prison when aggravating circumstances exist. A $100,000 fine could also be imposed, as well as a mandatory year on parole. A diligent drug attorney could answer questions about the different levels of felony narcotic offenses.
There are two levels of misdemeanor drug offenses in Colorado. The penalties for level one misdemeanor drug offenses include a jail sentence between 6 and 18 months and a fine between $500 and $5,000. These types of offenses include growing marijuana or permitting a grow operation on property you control when less than six plants were being grown without a permit to do so. More than six plants lands you in the felony hot-water described above.
The minimum penalty for level two misdemeanor drug offenses is a $50 fine, while the maximum penalty includes a 12-month jail sentence and a $750 fine. Likewise, there are even drug petty offenses, which have smaller fines and generally do not carry with them any jail sentence whatsoever.
A well-practiced drug lawyer at Nicol Gersch Law could answer your questions regarding drug offenses and their penalties. If you’re caught red-handed, a good defense attorney should be helping to mitigate your case by getting you into drug treatment prior to resolving your case and by negotiating with the DA regarding the possibility of a drug treatment court as an option. A lawyer such as those at Nicol Gersch Law can also help you navigate pretrial services supervision and locating rehab facilities closest to you.
It is not necessary to face drug charges alone. A mountain communities drug lawyer could provide critical legal assistance to help you fight the charges.
Justie and Jenn can advocate for your best interests by protecting your rights and fighting for an optimal outcome. Schedule a free 30-minute consultation today.