If you are caught with drug possession in Denver, Colorado, the consequences range from minor to severe. It all depends on what types of drugs you were carrying, the amount, your previous criminal history, age, whether you possessed an illegal substance knowingly, and if your intent was for use or distribution, among other things.
You can face a county jail or prison sentence and various fines and probation, but you have to consider that selling drugs is more severe than possession penalties. No matter what drug charges you might face, you will need a Denver drug possession lawyer by your side to fight the allegations.
It’s not unheard of to have drug possession charges dismissed, but what you have to consider is that without legal guidance, these charges can and will affect your future for a long time. Hence, taking action and doing everything you can to either dismiss or receive lesser penalties is crucial. Contact a lawyer right away. Here are the consequences of getting caught with drugs in Denver, Colorado.
Drug Penalties in Denver, Colorado
As mentioned earlier, drug penalties vary depending on numerous factors, but among the most important ones are what type of drugs you were caught with. Colorado classified drugs based on their likelihood of abuse into five schedules which can be charged as either a felony or misdemeanor but the amount also factors into this. The five drug schedules are the following:
| Schedule I | PCP, LSD, heroin, magic mushrooms, peyote, and other drugs that aren’t accepted for medical usage |
| Schedule II | Cocaine, opium, oxycodone, fentanyl, methamphetamines |
| Schedule III | Anabolic steroids, barbiturates, |
| Schedule IV | Sleep medications, anti-anxiety medications, diazepam |
| Schedule V | Cough syrups that contain codeine or over-the-counter cold medicines |
Certain Schedule I and Schedule II drugs can be charged as a misdemeanor rather than a felony, which is a lesser offense. But, even with a drug misdemeanor charge, you can still face jail time, fines, and probation. Apart from this, you might also find it difficult to land a job or face other issues when it comes to housing.
A Schedule I drug misdemeanor in Denver, Colorado, means up to 180 days in jail, a fine of up to $1,000, and two years of probation for the first two offenses. Third and subsequent offenses can mean up to 364 days in jail.
Selling drugs is a felony in Denver, made even worse if the receiver is underage, and can be punishable by up to 32 years in jail and up to $1 million in fines.
When it comes to marijuana DUI penalties in Denver, the impairment level is set at 5 nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter of blood. A higher amount than this legal limit can lead to a DUI charge, but even a lower amount is punishable if your driving ability is impaired.
Even though marijuana is legal in Colorado, you should wait at least six hours before driving. No matter what drug charges you might face in Denver, a drug possession lawyer can build you a strong defense to have the charges dropped or at least ensure that you receive lesser punishments. For example, one might argue that the drugs were planted on you without your knowledge. There are several other legal strategies that your lawyer might use beyond this.