Understanding Colorado’s Drug Laws

Colorado has a range of drug crimes for which a person can face charges. Some of these offenses are relatively similar to those in other states, while some are relatively distinct. Like in other states, the severity of the penalty for a drug offense often depends upon a few factors, including the type of drug or controlled substance, the amount of the drug or controlled substance, and the person’s criminal record. Yet Colorado also makes the use of certain drugs or controlled substances a criminal offense, while other substances that are unlawful in other states are legal to use and possess under certain circumstances in Colorado. Our Denver drug defense lawyer can explain in more detail.

Some Drugs Are Legal to Use and/or Possess in Colorado 

Similar to a number of states, adults aged 21 and older can lawfully use and possess a small amount of marijuana. However, unless you have a medical marijuana allowance, it is unlawful to possess more than two ounces of marijuana. It is also unlawful to possess any amount of marijuana if you are under the age of 21.

A range of controlled substances are lawful to use and possess with a valid prescription from a health care provider, including various Schedule II substances such as opioids. However, it is unlawful to possess any amount of these substances and others without a valid prescription.

Recently, Colorado made it lawful for adults aged 21 and older to use and possess psilocybin (mushrooms) and certain types of psychedelic drugs.

It is important to note, however, that federal drug laws still apply to federal locations in Colorado. Accordingly, you can face federal charges for the possession of controlled substances that are lawful in Colorado if you are in possession of those drugs on federal property. It is also unlawful to drive under the influence of drugs even if those drugs are lawful to use or possess. Such use can result in a DUI-D charge.

Unlawful Use of Drugs or Controlled Substances in Colorado 

Colorado makes it unlawful to use certain drugs or controlled substances. Drug use is not an offense in all states, but it is in Colorado. For the use of most types of unlawful drugs or controlled substances, a person will face misdemeanor charges. However, in some cases use can also be a felony offense.

Laws Against Possession, Distribution, Manufacturing, and More 

Similar to most other states, Colorado has a range of laws prohibiting the possession, distribution, manufacturing, and more of various substances identified under CRS Sections 18-18-201 through 18-18-207. Whether an offense is charged as a misdemeanor or a felony will depend on the amount and type of the substance, the specific charge (i.e., possession versus distribution), the circumstances of the arrest, and the person’s previous criminal record if any.

Contact Our Denver Drug Crime Defense Lawyers 

If you are facing any type of drug crime charges in Colorado, or charges for a DUI-D, it is critical to have a lawyer on your side to assist with your defense. An experienced Denver drug crime defense attorney at DeChant Law can talk with you today to learn more about your case and to begin working with you on a defense strategy. Contact us to learn more about how we can assist with your drug crime or DUI-D defense in Denver or Brighton.

Sources:

law.justia.com/codes/colorado/title-18/article-18/part-2/

law.justia.com/codes/colorado/title-18/article-18/part-4/section-18-18-404/

leg.colorado.gov/sites/default/files/images/2021-2022_58vbb.pdf