Drug possession in Colorado

What the charge means

A controlled substance is a drug the law places on a schedule, ranked from schedule I to schedule V. Schedules I and II cover drugs like heroin, cocaine, methamphetamine, MDMA, and prescription opioids held without a valid prescription. C.R.S. 18-18-403.5 makes it a crime to knowingly possess these drugs.

To convict, prosecutors must prove every element beyond a reasonable doubt:

• Possession. You had the drug on you, or you knew it was there and had control over it. Lawyers call that second kind constructive possession, and it is often the weakest link when a car or apartment is shared.
• Knowledge. You knew you had the item and knew it was a controlled substance.
• Amount. For the misdemeanor version, the material weighed four grams or less.

Common scenarios include a traffic stop where a baggie or pills turn up, a search of a home several people share, or medication prescribed to someone else. Some substances follow harsher rules. Possessing more than four grams is a level 4 drug felony, and fentanyl compounds over one gram are charged as felonies under a separate provision.

Classification and sentencing

Possession of up to four grams of a schedule I or II substance is a level 1 drug misdemeanor, the more serious of Colorado's two drug misdemeanor levels. Sentencing for this specific offense follows C.R.S. 18-1.3-501(1)(d.5), a provision the legislature added in 2019 to favor treatment over jail:

• Probation first. The court may impose up to two years of probation, often with drug treatment attached.
• If jail is ordered. Up to 180 days in county jail, either as a straight sentence or as a condition or sanction during probation. For a third or later offense, the cap rises to 364 days.
• Fine. Up to $1,000.

Those jail figures are the outer limits that apply only if the court orders time in custody. Nothing in this statute requires jail, and probation, treatment, or a deferred judgment are common outcomes. Possession of a schedule III, IV, or V drug is also a level 1 drug misdemeanor, and a fourth or later possession offense can be charged as a level 4 drug felony.

What else it touches

The sentence is often not the biggest problem. A conviction can reach into other parts of life:

• Immigration. Almost any controlled substance conviction can trigger removal or block a green card or visa, even a misdemeanor. Noncitizens should get advice before accepting any plea.
• Firearms. Federal law bars anyone who unlawfully uses a controlled substance from buying or possessing guns.
• Record sealing. A drug misdemeanor conviction can usually be sealed by petition after a waiting period, and a dismissed case can be sealed right away.
• Jobs and licenses. A drug conviction appears on background checks and can affect professional licenses and clearances.

We defend drug possession charges in Colorado, and a consultation is the place to get answers about your specific situation.