In Weld County, Colorado, it is now a misdemeanor to possess four grams or less of meth, cocaine, heroin or ecstasy. While it is still illegal to Possess Controlled Substances or Drugs, the penalties are greatly reduced provided you possess – not sell, small quantities. Our defense lawyers can use many defenses to defend your drug charges. A felony Drug Possession Charge can still lead to a lengthy prison stay and hefty fine. One Colorado resident found himself being charged with felony possession of more than 3 grams of methamphetamine and heroin, in another state. But in Colorado, as of March 2020, it is no longer a felony to possess up to 4 grams of narcotics such as meth, cocaine, heroin, methamphetamine, or ecstasy. However, if the man in the story was in possession of 6 grams of narcotics, it would still be a felony charge in Colorado. Below, the drug defense lawyers at the O’Malley Law Office will discuss Drug Possession Charges in Weld County. If you are facing possession charges in Fort Collins or at CSU, go here to learn more.
Is Possession of Meth, Cocaine, Heroin, Ecstasy a Misdemeanor or Felony in Colorado? Drug Law Change
Colorado has changed the classification of possession of small amounts of Meth (Methamphetamine), heroin, cocaine and ecstasy – downward to a misdemeanor. This is big news, particularly with the change in criminal record sealing laws. We must emphasize that this law only pertains to the possession of four or less grams of many narcotics. If you possess more for any purpose, you will be charged with a felony. Plus, if the possession was intended for distribution, you won’t get the same break.
What is Unlawful Possession of a Controlled Substance or Drug Possession, C.R.S. 18-18-403.5, in Greeley, Colorado?
In Greeley, Unlawful Possession of a Controlled Substance or Drug Possession, C.R.S. 18-18-403.5, is:
(2) On or after March 1, 2020, a person who violates subsection (1) of this section by possessing:
(a) Any material, compound, mixture, or preparation that contains any quantity of flunitrazepam; ketamine; gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; cathinones; or more than four grams of a controlled substance listed in schedule I or II of part 2 of this article 18 commits a level 4 drug felony.
(b) (Deleted by amendment, L. 2013.)
(c) Any material, compound, mixture, or preparation that contains not more than four grams of a controlled substance listed in schedule I or II of part 2 of this article 18 or any quantity of a controlled substance listed in schedule III, IV, or V of part 2 of this article 18 except flunitrazepam, gamma hydroxybutyrate, or ketamine commits a level 1 drug misdemeanor; except that a fourth or subsequent offense for a violation of this subsection (2)(c) is a level 4 drug felony.
(3) If the circumstances described in section 18-18-428 (1)(b) occur, the peace officer shall not arrest the person pursuant to this section for any minuscule, residual controlled substance that may be present in the used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in section 18-18-428 (1)(b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
(4) Notwithstanding the provisions of subsection (2) of this section, on or after March 1, 2020, a district attorney shall not charge or prosecute a person pursuant to this section for any minuscule, residual, or unusable amount of a controlled substance that may be present in a used hypodermic needle or syringe, or other drug paraphernalia, as defined in section 18-18-426. The circumstances described in this subsection (4) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
(5) Notwithstanding any provision of this section, a person may be charged with any other offense in this article 18, including unlawful distribution, manufacturing, dispensing, or sale of a controlled substance, or possession with intent to do the same, pursuant to section 18-18-405, when there is evidence for the person to be so charged. Such evidence may include, but is not limited to, the amount of the controlled substance that the person possesses.
What Colorado Drugs are Legal and Which Drugs are Illegal in Weld County? Drug Schedule List
There are legal drugs in that can be used in Weld County. A person can be in possession of under 28 grams of marijuana by those aged 21 and over. A person can also have a medical or retail license of marijuana. However, possession of more that 28 grams is still a crime and can lead to Drug Possession charges. In Colorado, controlled substances or drugs are put into schedules. These schedules rank the drugs according to the most likelihood for abuse. The schedules are:
- Schedule I: heroin and hallucinogens such as LSD, PCP, psilocybin (magic mushrooms), mescaline and peyote. These drugs have a high potential for abuse and no accepted medical use and can result in severe psychological and physical dependence if abused.
- Schedule II: opium and prescription opioid pain pills such as oxycodone, hydrocodone, morphine, fentanyl, methadone, cocaine and methamphetamines. These drugs have a high potential for abuse, but which have an accepted medical use and can result in severe psychological and physical dependence if abused.
- Schedule III: barbiturates, ketamine, anabolic steroids, and medications including small amounts of codeine. These drugs have a lesser abuse potential than Schedule I or II drugs, and which have an accepted medical use, but which can lead to low or moderate dependence.
- Schedule IV: prescription anti-anxiety medications such as diazepam and non-barbiturate sleep medications such as zolpidem. These drugs have a lower potential for abuse than Schedule III drugs, and which have an acceptable medical use, but may lead to dependence.
- Schedule V: over-the-counter cough syrups and cold medications containing small amounts of codeine. These are the least dangerous drugs, with the lowest potential for abuse, a currently accepted medical use, and which are likely to lead to only limited dependence.
What is the Sentence and Penalties for Drug Possession in Greeley, Colorado?
In Greeley, the sentence for Unlawful Possession of a Controlled Substance depends on the type of drug involved. For possession of schedule I or II drugs of more than 4 grams, it is a felony and the sentence is 6 months to 2 years in Colorado State Prison, and $1,000 – $100,000 in fines. For possession that is a schedule 1 drug and less that 4 grams after March 1, 2020, the sentence is a DM1 misdemeanor with penalties of probation of up to 2 years, possibly 180 days in jail, and up to $1,000 in fines. In Colorado treatment is often favored over time in jail, especially after the first offense. A skilled lawyer can help navigate the Possession of an Uncontrolled Substance and find alternatives to jail time for defendants.
Hiring an aggressive attorney can help your case against a Drug Possession or Unlawful Possession of a Controlled Substance charge. Hire an O’Malley Law Office lawyer so you don’t take a chance on being losing your rights and freedom. We can negotiate with the prosecution to get your charges reduced or dismissed.
If you have been accused of a Drug Possession or Unlawful Possession of a Controlled Substance in Weld County, be smart, and exercise your right to remain silent. The police are not there to help you but to build a drug crime case. Contact our experienced Greeley drug defense attorney team today at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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