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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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Sex offender deregistration

Colleen Kelly and her team, supported me and guided me through the process of getting off the registration . I had attempted over the years to do this on my own and at one point hired another attorney to assist me. These efforts were futile, I ended up with unnecessary years ( decades ) of suffering financially, humiliating encounters with personal relationships, landlords, employers, churches and other organizations.
Colleen and team were very professional and knew the steps that I needed to go through to get the job done. I would highly recommend Wolf Law, for their professionalism and caring.

— Alvin

Jeff Wolf was Well Worth the Investment

When you get charged with a crime it is tough to deal with, mostly because you are embarrassed and disappointed with yourself for what you have done. I was charged with theft and was very worried about what type of impact that would have on my business professional career when applying for jobs. I contacted a few lawyers but knew that Jeff was the right direction to take. He made me feel more at ease knowing that people make mistakes and that this would not effect my whole life. He was very helpful and quick to respond to any questions or concerns that I had.

During my time with Jeff he made me feel very comfortable and I knew going into everything what to expect, what to say, and how to present myself. Whether you hire a lawyer or not is your own decision. But to me what Jeff was able to provide was well worth it. I literally told him my story, how I felt and what type of outcome I was looking for on the first day. Besides showing up with him to court he did everything else and took care of everything. We were sentenced to the verdict that we were looking for and now I can move forward and put this case behind me. Thanks for all your help Jeff it was much appreciated.

— Nick

Wolf Law is your best option!

I’ve had the privilege of getting Jeff Wolf to represent me in my 1st DUI case. He did a great job explaining the case, the possible outcomes and overall getting good results. I highly recommend his services to anyone who has any moving violation infraction perhaps more and want to have the best results in court. Thank you Jeff.

— Marco

Would Have Been Lost Without Wolf Law

I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

— Anonymous

A Great Lawyer

Colleen was a great lawyer and made everything easily understandable.

— Juan

A Second Chance

I cannot express enough gratitude for the exceptional legal representation provided by Attorney Monahan. Facing a daunting traffic case that left me feeling like my life was over, she stepped in and truly became my lifeline. Her expertise, dedication, and unwavering support not only secured a favorable outcome but also gave me a second chance at life.

Throughout the entire process, she exhibited professionalism and empathy, understanding the gravity of the situation while also believing in the potential for redemption. Her strategic approach and meticulous attention to detail were evident in every aspect of my case, ensuring that no stone was left unturned.

I want to emphasize that I am in no way undermining the seriousness of my actions or the potential consequences. However, thanks to her skillful advocacy, I am now able to move forward with renewed hope and determination.

I wholeheartedly recommend her and the entire team at Wolf Law to anyone in need of legal representation. Their commitment to their clients’ well-being and their relentless pursuit of justice truly sets them apart. Thank you Cassandra Monahan for giving me a second chance and for your unwavering support every step of the way.

— Andy

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

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

100% Worth It

Jeffrey Wolf was very professional, helped me feel better through an extremely scary process, and the serious case reached a favorable outcome. Highly recommend.

— JT

Hire A Lawyer You Can Relate To and Trust

I happened to find Jeff through a Google search for a DUI lawyer and I would have to say I really lucked out. I had heard horror stories about attorneys that overcharged their clients and that they would send others to represent them in court. From the initial phone call he helped me understand the process and prepared me for what was ahead. Having never needed a lawyer he was patient and made sure I understood everything before making any decisions. Jeff always made me feel like I was on the same level as him which I really appreciated. Jeff always prepared me for the worst, but in the end with his hard work and suggestions beforehand he managed to get me a pretty good deal. The best advice I could give is to be informed and START EVERYTHING right away. I would also say to hire a lawyer that you can relate to and that you trust. Don’t waste your money on someone that isn’t going to give you the personal attention you deserve. I would gladly recommend Jeff Wolf! He is down to earth and I never felt judged. He gave it to me straight and without hiring him I don’t know where I’d be. Thanks Jeff!

— Issac