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If you’re facing drug charges in Colorado, you have a right to qualified representation no matter how severe the offense.

The drug defense lawyers at Wolf Law handle a wide range of drug-related cases, including drug possession and drug trafficking offenses involving six of the most heavily trafficked drugs—methamphetamine, powder cocaine, marijuana, crack cocaine, heroin and oxycodone—as well as other controlled substances.

To learn more about your options following a Colorado drug arrest, please call Wolf Law at 720-479-8574 for a free case evaluation.

Colorado’s Drug Laws and Statistics

According to the U.S. Sentencing Commission, drug offenses are the most common type of federal case; drug charges represented almost one-third of all cases reported to the commission in 2015. Of these drug offenses, nearly 90 percent involved drug trafficking charges.

Colorado’s Amendment 64 was enacted in November 2012 and allows for personal possession, cultivation, and private use of marijuana for those 21 years of age and older.

Following the adoption of Amendment 64, marijuana-related charges reduced statewide (not including Denver) by 80 percent from 2010 to 2014; and all drug charges are down 23 percent respectively. The Denver Department of Safety reported a 77 percent reduction in marijuana possession offenses from 2012 to 2014.

Today, marijuana drug possession charges are namely defined by an amount in excess of 1 ounce, which is the legal limit a person may purchase from a retail marijuana store.

Colorado Drug Schedule Classifications

Drug classes arranged by federal categorization

Colorado state statutes and the Denver Revised Municipal Code outline laws and penalties for specific drug violations.

Drug classification determines how drug offenses are categorized and sentenced. Controlled substances are defined under federal drug “schedules,” which are categorized by risk of addiction:

  • Schedule I drugs are considered most dangerous, highly addictive, and have “no legitimate medical use.” Schedule I drugs include controlled substances such as heroin, LSD, ecstasy, and marijuana.
  • Schedule II drugs are considered addictive but may offer some redeeming medicinal properties. Common schedule II drugs include morphine, codeine, and Adderall.
  • Schedule III drugs are considered less dangerous than those in schedules II and I. These drugs may include combination products like Vicodin, or non-narcotics like ketamine.

In Colorado, all drug possession charges are classified by schedule, with the exception of marijuana. Drugs like codeine, and other common pain medications, may be possessed lawfully with a valid prescription.

Types of Drug Charges in Colorado

Colorado has a variety of drug charges that range from minor offenses to severe felonies. Each charge requires a tailored approach for the best defense. Here are some common drug-related offenses in Colorado:

  1. Drug Possession
    Possession charges depend on the type and amount of drug involved. Colorado distinguishes between personal-use quantities and larger amounts that may imply intent to distribute.
  2. Possession with Intent to Distribute
    This charge applies when someone is found with a quantity of drugs or paraphernalia that suggests distribution or sale.
  3. Drug Manufacturing
    Manufacturing charges typically apply to those accused of growing, processing, or producing illegal substances. Penalties can be severe, especially for large-scale operations.
  4. Drug Trafficking
    Trafficking refers to the transport and sale of illegal drugs and is a serious felony offense. Charges may apply at state or federal levels.
  5. Prescription Drug Fraud
    Misuse or distribution of prescription drugs, including forging prescriptions, is treated with significant legal consequences in Colorado.

Drug Laws in Colorado: What You Need to Know

Colorado’s drug laws cover controlled substances in various “schedules,” ranking from Schedule I (most dangerous and addictive) to Schedule V (lower potential for abuse). Colorado’s laws can be strict on drugs like methamphetamine, heroin, and certain prescription medications. Marijuana laws differ, as possession and use are legal in specific amounts, but penalties still apply for unauthorized distribution or large quantities.

Colorado Drug Crime Penalties and Sentencing

Convictions can bring a range of penalties depending on the charge’s severity, including:

  • Fines: Minor possession charges might result in a fine, while trafficking can lead to thousands of dollars in penalties.
  • Jail or Prison Time: Certain felonies carry mandatory minimum sentences.
  • Probation and Community Service: Often assigned for a lesser drug offense.
  • Permanent Criminal Record: Drug convictions can create significant barriers to employment, housing, and other opportunities.

Colorado drug penalties depend on the offense or act committed, the type of drug, and the drug amount. Generally, all Colorado drug cases fall into three categories:

  • Petty offenses are punishable by the fine amount assigned to the offense in the Colorado Code. Petty drug offenses include things like public consumption of marijuana or illegal possession of drug paraphernalia.
  • Misdemeanors are more serious than petty offenses but less serious than felonies. Drug misdemeanors are either DM1 or DM2.
    • DM1: These misdemeanors are the more serious offenses. Examples of a DM1 offense include distribution, manufacturing, or possession with intent to distribute; or cultivation of less than 6 marijuana plants.
      • Penalties for these offenses range from 6 to 18 months in jail and/or a fine up to $5,000.
    • DM2: These misdemeanors are less serious than DM1 charges. Examples of a DM2 offense include abusing toxic vapors, use or illegal possession of synthetic cannabinoids, and possession of 2 to 6 ounces of marijuana.
      • Penalties for DM2 offenses range from 0 to 12 months in jail and/or a fine up to $750.
  • Felonies are the most serious drug crimes and are punishable by lengthy prison sentences and hefty fines. In Colorado, drug felonies have four levels:
    • DF1: Examples of a DF1 offense include the distribution of any amount of schedule I or schedule II controlled substances to a minor (if the adult is at least 2 years older than the minor); or the distribution of ANY material that has specific amounts of schedule I or II controlled substance combined.
      • Penalties include mandatory minimum sentencing from 8 years up to 32 years and fines up to $1 million.
    • DF2: An example of a DF2 offense includes the distribution of any amount of schedule III or schedule IV controlled substance to a minor (if the adult is at least 2 years older than the minor).
      • Penalties include sentencing from 4 up to 8 years and fines up to $750,000.
    • DF3: A level 3 drug felony might include distribution of any material that weighs 14 grams or less, and the material contains a schedule I or II controlled substance.
      • Penalties include sentencing from 2 up to 4 years and fines up to $500,000.
    • DF4: Level 4 drug felonies are categorized as DF3 except when distribution is for the purpose of sharing use of drugs at “a time substantially contemporaneous” with the exchange of drugs.
      • Penalties include sentencing from 6 up to 12 months and fines up to $100,000.

Sentencing is also determined by a range of factors that can be either “presumptive” or “aggravated.”

Presumptive sentencing is most common and the default sentencing range; however, aggravating factors, such as the offender’s criminal history, parole status, etc., may persuade a judge to apply an aggravated sentence, which favors tougher sentencing and fine requirements.

A trial by jury is available to people who are charged with a Colorado drug crime. For first- and second-time drug offenders, Colorado has implemented special “drug courts” where defendants can enter into treatment programs in lieu of fulfilling a sentence.

Common Defenses for Drug Crimes in Colorado

Wolf Law has years of experience crafting successful drug defense strategies for clients charged for drug crimes. Potential defenses include:

  1. Unlawful Search and Seizure
    Evidence obtained illegally (without a valid warrant) can sometimes be excluded from the case, weakening the prosecution’s stance.
  2. Lack of Knowledge
    This defense may apply if the accused was unaware of the drug’s presence, often in shared spaces or vehicles.
  3. Entrapment
    If law enforcement officers encouraged or coerced someone into committing a crime they otherwise wouldn’t have, this can be a valid defense.
  4. Lab Analysis Challenges
    Challenging the identification and quantity of the substance in question can sometimes lead to reduced charges or dismissal.
  5. Insufficient Evidence
    Without clear proof of possession or intent, charges may be dismissed or reduced.

How Wolf Law Advocates for Clients Involved in Drug Crimes

At Wolf Law, we understand that drug crimes are complex and each case is unique. Our team thoroughly investigates every aspect of a case, challenges evidence, and negotiates skillfully to reduce or dismiss charges whenever possible. Our clients benefit from:

  • Personalized Defense Strategies
  • Transparent Communication
  • Dedicated, Aggressive Representation

Why Choose Wolf Law for Your Defense?

  • Denver-Based, Colorado-Focused Knowledge:
    With deep knowledge of Colorado’s criminal justice system, we are ready to fight for your rights.
  • Proven Track Record of Success:
    Our team has secured numerous favorable outcomes for clients facing drug charges, from dropped charges to minimized penalties.
  • Comprehensive Client Support:
    Wolf Law prioritizes open, supportive communication with every client. We are here to answer questions, explain options, and offer compassionate guidance every step of the way.

Frequently Asked Questions about Drug Charges in Colorado

  1. Can drug charges be dropped?
    Yes, with strong legal representation and proper drug defense attorneys, charges may be reduced or dismissed based on evidence, procedural errors, or negotiations.
  2. What should I do if I’m arrested for drug possession?
    Stay calm, don’t resist, and refrain from discussing details with police until your drug defense attorney is present.
  3. What is drug court, and do I qualify?
    Drug court is an alternative to traditional prosecution for non-violent drug offenders. It emphasizes treatment and rehabilitation, but eligibility depends on several factors.
  4. Is marijuana possession still a chargeable offense in Colorado?
    Small amounts for personal use are legal, but unlicensed distribution or large amounts can lead to charges.

Get the Drug Defense Lawyer You Deserve

Everyone makes mistakes, and sometimes bad things happen to good people.

Colorado drug laws are complicated, but we can help. Knowing who to call, when to call them, and what not to say to law enforcement is the first step in building your defense if you are charged for any type of drug crimes.

What you don’t know about Colorado’s drug laws can hurt you. When you need a Denver criminal defense lawyer, you need Wolf Law.Call our law firm at 720-479-8574 or contact us online for a free case evaluation.

Drug cases are one area of the law, where you can really be charged at any level. You can be charged at the petty offense level in municipal court, at the misdemeanor level in county court or at the felony level in the district court. All of those charges can come with different sets of penalties and it’s important to have an attorney who understands the difference. At Wolf Law I handle all types of cases and drug classifications from pills, marijuana, heroin, cocaine, any drug offense that you have and any type of charge you’ve accrued, from any type of drug there is, at Wolf Law I can handle that type of case. It’s important to have an attorney who understands the drug laws, understands search and seizure law, which is so huge in drug cases and that’s something I do for my clients. I understand that sometimes my clients are dealing with dependency issues; addiction, things like that. And those are things that need to be handled sensitively, delicately, but not ignored. Too many lawyers go in with a blunt instrument, rather than coming in with a scalpel to try and deal with dependency and addiction issues, make the judge aware of it, make the prosecutor aware of it, and get someone the treatment they need. At Wolf Law, I always want to make sure that when you come in, I understand what’s going on in your life, what’s caused the issue to happen and try to find a way to help you.

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I hired Jeff Wolf to represent me in a DUI case where I was charged, but was not the one that was driving the vehicle. From the very beginning I felt that I was in good hands because he made me secure in the fact I was innocent and that, though I was drunk, I did not do anything against the law. Every time I emailed him, I received a response immediately. I felt that he knew the system well, and how to handle this “game” of law. When he had to deal with a health emergency, he made me aware of my options and what he thought would be my best choice, which was being represented for court by another attorney that knew my case inside and out. He just called me this past Monday to let me know my case was dismissed! I would recommend Jeff Wolf to anyone being charged with anything in Colorado. He knows the laws of Colorado and will keep it real with the possible outcomes of your case.

— Stephanie

Working with Mr. Wolf

I cannot speak high enough of Mr. Jeffrey Wolf! He was very pleasant to work with and explained each step of the journey from start to the final video teleconference with the judge. He negotiated a much lower sentence with the DA from DUI to DWAI. He reiterated several points that were then considered by the judge and taken into account in deciding my sentence. He was always prompt in any communications and worked tirelessly on my case to get a very favorable outcome for me. I would whole-heartedly recommend Mr. Wolf as you can be ensured it felt like I was an individual that truly mattered to him and his practice. From the very first phone call, I had nothing but respect for him and felt I was in good hands, that he then proved! You can’t go wrong with Mr. Jeffrey Wolf!

— - L

Fantastic Attorney, Thorough and Knowledgeable

When I had charges pending against me, I had a free consultation with many attorneys and ultimately hired Jeff wolf as my formal representation. Most of the attorneys’ capabilities were relatively equal, but what stuck out with Jeff was his ethics and personal investment in my outcome.

From the beginning he tried to get a thorough sense of who I was in society and represent that to the judge for sentencing. In court he pleaded my case and balanced remorse for the action with any positive attributes to gain a favorable outcome. He is well spoken and respected in court.

I liked that his payment model worked through stages that he “earned” along the way. I had a clear understanding of what to expect from him, from the court, and the most likely requirements of my sentence. And when I didn’t understand or had additional questions on one part (and I had many) he took the time to explain and discuss the options and his recommendation with me.

He had a thorough knowledge of the system and its players as well as knowledge on unusual factors related to my specific case, and he made well-thought-out recommendations with reasoning but ultimately let me make the final decision.

The result of my case was quite favorable thanks to Jeff. Great lawyer, highly recommend.

— Pam

Professional. Attentive. Experienced. Successful.

I was referred to Jeff by one of my friends who was recently represented by Wolf Law in his DUI case; I will be forever grateful for that recommendation. Jeff made this extremely stressful process feel much more manageable from start to finish. He was always responsive and highly communicative, even throughout my barrage of anxiety driven questioning. He was a maestro in the courtroom and was able to get me the absolute minimum penalties. He even got certain areas of my very unique case dismissed – saving me thousands of dollars in the process. While I hope I never have to, I will surely be recommending Wolf Law as DUI representation to any of my friends and family in the future.

— Anonymous

Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

Sensitive Criminal Matter

At first I was unsure, working with attorneys can be so stressful and difficult to gauge if they can help you effectively. I used this firm for two different cases and I was glad that they were reasonable and didn’t tell me falsehoods. Straight to the point and don’t promise you rainbows and butterflies. That is what you want: a straight up lawyer who doesn’t give you nonsense. Be patient, they will help you and you can feel like they forgot; but that’s just how this stuff goes. Court cases take time and they have many clients, its nothing personal. When we went to court everything was laid out for me to understand and I think they prepared for each task. Each case was handled professionally and they answered all my questions. Thank you, Cassandra and Colleen

— Anonymous

Fully and Enthusiastically Recommended

When I was arrested for DUI/careless driving, I was overcome with a profound sense of hopelessness – I couldn’t eat, I couldn’t sleep, and I thought my life (including my career) was ruined. Making the decision to call Mr. Wolf for a consultation was the best decision I could have made. His immediate response set my mind at ease and gave me a the peace of mind that I so desperately needed.

Upon meeting him in person, I was thoroughly impressed by his experience and expertise, but what really struck me was his personable demeanor and genuine interest in helping me. He was very patient in explaining the legal process and made sure I was well prepared for every step of the way.

There is no doubt that his representation and advocacy, as well as the advice he had given me in order to prepare for court, resulted in an outcome that was more positive than I had dared hoped for (a DWAI with license intact and a reduced probation sentence), allowing me to move forward with my life. Mr. Wolf far exceeded my expectations, and I would absolutely recommend him to anyone seeking legal counsel.

— Anonymous

Ms. Kelly was a professional rock for us!

We found ourselves in an unimaginable situation with criminal charges pressed against my husband relating to a firearm. We were both petrified. Especially with the gun climate we find ourselves in. Neither of us had ever been in trouble with the law and after a terrible accident, we found just that. Ms. Kelly is extremely professional and knowledgeable of the legal system. She took the time to explain everything to us and prepare us for what would follow.

We are happy with the outcome of the case and would highly recommend Ms. Kelly to anyone who may find themselves in our situation.

— The Taylors

Outstanding Results

Mr. Wolf was great to work with. He explained all the aspects of my case in great detail and his communication is excellent. My case was for DUI and Jeff was able to get my sentence deferred which from my understanding, is a very rare outcome.

— Tony G

Here’s a Lawyer You can Trust

I found myself threatened with life-changing accusations, and Jeff Wolf was there for me. Kept me up to date every step of the way and really helped relieve the stress of going through something so awful. 100 percent worth every penny.

— Patrick