Colorado Drug Crime Defense AttorneyRequest Free Consultation
At Martin & Reed, LLC, we provide experienced criminal defense representation to people accused of drug crimes in Northern Colorado. As former public defenders, we have the trial experience necessary to provide strong advocacy in these serious cases. Whether you’re being investigated, been arrested, or been charged with a drug crime, contact Martin & Reed, LLC, by calling (970) 573-5187 or by completing our contact form to schedule your free consultation with a Colorado drug crime defense lawyer.
Our Colorado drug crime defense team defends against drug charges of all types, including drug possession and drug distribution and DUID cases. Cases frequently involve cocaine, heroin or meth possession or distribution. Possessing or distributing prescription drugs such as Oxycontin without a valid prescription can also lead to drug charges.
What Are the Three Basic Drug Crimes in Colorado?
Colorado’s relaxed marijuana laws did not fully legalize its use. Contrary to popular belief, “open public display,” or public use of 2 ounces of marijuana or less remains a petty drug offense. Unlike the public consumption of alcohol, legally, marijuana use is allowable only in private. To understand how Colorado classifies drug crimes, it helps to understand Colorado’s three basic drug crimes:
- Drug Use: Using a controlled substance in Colorado is a Level II misdemeanor, as is the use of marijuana outside of the home. Some exceptions are in place for misuse of prescription medications or invalid prescriptions.
- Drug Possession: It’s legal for adults over 21 to possess up to an ounce of marijuana in Colorado for private use, but possession of other illicit drugs remains illegal, as is the possession of prescription drugs without a valid prescription. The severity of the charges depends on the type and amount of drugs in possession.
- Distribution, Trafficking, or Manufacturing: Depending on what substance the defendant was distributing, the amount of the drug, and the defendant’s past criminal history, the charges can vary in severity. This type of drug crime is the most common drug-related felony.
If you’re facing any of the above charges, you need an attorney with vast experience in navigating Colorado’s drug crimes system to aggressively defend your interests in court.
Drug Crime Types and Penalties in Colorado
Colorado’s legal system specifies 4 different “schedules’ for drug crimes depending on the risk level related to each type of drug with Schedule I drugs considered the most dangerous, with the highest risk of abuse, and Schedule V drugs the least dangerous, with the lowest risk of abuse. Some examples of each type include:
- Schedule I drugs are those with no medical use and high abuse potential. They include heroin, cocaine, and hallucinogens.
- Schedule II drugs have a high abuse risk but some accepted medical uses. They include opioids such as prescription painkillers, fentanyl, methadone, and certain stimulants such as methamphetamines.
- Schedule III drugs have accepted medical uses but also carry the potential for abuse, such as barbiturates, ketamine, codeine, and steroids.
- Schedule IV drugs have accepted medical uses but may lead to psychological and/or physical dependence. Examples include anti-anxiety medications and sedatives.
- Schedule V drugs are over-the-counter medications such as cough and cold medicines, sometimes misused or resold for non-medicinal purposes.
Penalties for Drug Offenses in Colorado
Penalties for those convicted of drug offenses in Colorado vary widely according to the type of charge— use, possession, or distribution— as well as which schedule the drug falls under. For example, penalties for level 1 drug misdemeanors, such as a charge of possession of less than 4 grams of a schedule I or II drug, are typically less than 18 months in jail with fines of up to $5,000. With a good defense attorney, defendants may avoid serving jail time for this type of offense.
Stiffer penalties apply for selling schedule I or II drugs in amounts less than 14 grams, which is a class 3 felony punishable by 2 to 4 years in prison and fines of up to $500,000.
Class 1 drug felonies, such as selling schedule I or II drugs to a minor are punishable by 8 to 30 years in prison and fines up to $1,000,000.
Defense Strategies In Colorado Drug Crime Cases
Drug charges can result in serious penalties. You may be incarcerated if you are convicted. Certain factors can escalate what would ordinarily be a relatively minor drug charge to something much more serious. For example, if there are guns involved or if the alleged drug transaction is within a school zone, the offense may be more serious.
You may feel as though the odds are against you. However, many people are surprised at just how quickly and easily our Colorado drug crime defense attorneys can chip away at the prosecution’s case. First of all, we will review the means by which the drugs were found by police officers.
At Martin & Reed, LLC, we diligently evaluate all factors in your case. This includes asking if there was a traffic stop. If so, was the traffic stop conducted properly? If your constitutional rights were violated, the evidence may be suppressed and the case may be dismissed.
Even if the traffic stop was conducted properly, there are issues that need to be explored. Where were the drugs found? In the glove compartment? On the passenger seat? Was there anyone else in the car? Was it your car? Your Colorado drug crime defense attorney from our firm will dig deeply to find weaknesses in the case against you, building a defense strategy designed to protect you against these serious charges.
Protect Your Rights. Contact Us For A Free Consultation With A Colorado Defense Lawyer
A strong defense will go a long way in protecting your rights. Our Colorado drug crime lawyers have extensive trial experience. We know how prosecutors will view your charges. We have developed effective defense strategies to help us find positive outcomes for our clients.
We are dedicated to protecting your rights and your future. Schedule a free consultation to discuss your drug charges with one of our skilled Colorado drug crime defense lawyers by calling (970) 573-5187 or by completing our contact form.