Drug Charges

What to expect if you’re charged with a drug-related crime in Colorado.

 Charges

Drug-related crimes typically fall into one of three categories:

• Drug use (CRS 18-18-404) / Possession (CRS 18-180403.5)
• Manufacturing (CRS 18-18-422) / Distribution (CRS 18-18-405)
• Driving under the influence of drugs (DUID) (CRS 42-4-1301)

In most cases, possession and drug usage are charged as misdemeanors, (however, if you are found to be in possession of more than 4 grams of a schedule I or II drug, or any amount of Ketamine, GHB, or flunitrazepam, you can be charged with a felony.) Often, we can convince the court to allow the offender to seek treatment rather than serve jail time. Not only is this a better outcome for the accused because they are given the opportunity to get their life back on track, but saves community resources by reducing the number of people incarcerated for low-level, non-violent crimes.

Penalties

If you are accused of sales, distribution, or manufacturing of drugs, you are likely facing a felony charge. The penalties for drug felony offenses in Colorado can be harsh and often include both jail time and a hefty fine. The severity of the punishment depends on several factors, such as:

• The type of drug (Schedule I, II, III, IV, or V)
• The amount of the drugs involved
• If the drugs were for personal use, sales, or large-scale distribution
• If this is your first drug-related charge
• If you are already on probation, parole, or incarcerated

Driving and drugs

Driving under the influence of drugs, or DUID, is defined as driving after consuming one or more drugs, or a combination of drugs and alcohol, and the drugs and/or alcohol impair your ability to safely operate your vehicle. DUID charges are treated similarly to DUI charges, in fact, it falls under the same statute as DUI. Unfortunately, honest mistakes can often lead to DUID charges, especially when legally prescribed, or over-the-counter, drugs are involved. In some cases, even a misattribution of behavior can lead to a DUID charge. For example, an officer pulls you over for swerving out of your lane, you may have swerved due to ordinary carelessness; however, if you mention to the officer that you had recently taken a prescription medication that could cause impairment, the officer may assume that the drug caused your driving error, resulting in a much more serious charge.

As you can see, drug laws in Colorado are complex and confusing, at best. That is why it is imperative that you seek counsel immediately if you are charged with any sort of drug-related crime.