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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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Testimonials

Wonderful experience!

I had a wonderful experience with Wolf Law firm. Colleen Kelly treated me with the up most respect, gave me solid advice and was there every time I needed her. I highly encourage you to hire her as your attorney should you need one. My experience with her was great.

— Joe P.

6-Month Jail Sentence Reduced to 90 Days

I was arrested in May 2014 for a warrant that I had since 2010 for DUR, I was facing a six month jail sentence that would have caused me to lose my business, home, as well as once again re-offend me. After countless calls and conversations and meetings with numerous attorneys I was referred to Jeffery Wolf. By simply speaking with him over the phone I felt a little at ease, until I met with him and after that I was completely at ease. He made feel the way an attorney is suppose to make a client feel. He was extremely personable, caring, honest, completely honest, and very detailed as to what his process is and what will take place in court.

On the day of my hearing Jeff arrived a little early and had me wait in the hallway while he stepped into the court room and went to bat for me. The result was a 0 point violation allowing me to keep my DL, a six-month jail sentence reduced to 90 days in-home detention, and a $67 fine, which was way more than I expected.

I highly recommend Jeff he is an excellent attorney that takes your case as serious as you do. I hope I never have to hire an attorney again but if I do without a doubt Jeffrey Wolf will be my first and only thought.

— David

Jeff is a Powerhouse in the Courtroom

Jeff is truly an expert in his field. He is extremely knowledgeable and bright and it was clear throughout his management of my case that he is highly respected. He was very supportive of my desire to see my case through to trial, he was always empathetic, and he took the time to understand my personal and professional situation. He was determined to get me the best outcome with the least impact to my personal and professional life and he succeeded. We were dealing with a refusal and I have little doubt that I would not have had the same results with another attorney. Jeff is a powerhouse in the courtroom! I am beyond appreciative and would strongly recommend anyone facing challenging legal issues to seek out Jeff’s expertise.

— Jana S.

True representation

If you are in legal trouble Jeff is the attorney for you!
From the first consultation he was a very understanding and caring guy who tells it like it is. I had a pretty bad charge against me and due to Jeff’s knowledge and his ability to negotiate with the powers that be, he was able to get me a pretty fair deal. He was so kind, putting my mind at ease by telling me I was going to be alright as this was the first time in my life I had ever been in trouble.
In short, if you need a GREAT attorney call Wolf Law and talk to Jeff!

— Sue

Expedient, Thorough and Effective

Fortunately, I don’t find myself needing legal representation often…only once before have I needed an attorney. My situation was interesting…I was given a disorderly conduct summons and felt it was far beyond the pale in terms of its validity. I didn’t want this on my record and needed help navigating the legal process. I did some research on a few attorneys and read about Jeff Wolf’s practice. I called Jeff and we spoke the same day. He listened to me and I met with him a few days later. He took the time to explain his process and approach, which made sense to me and seemed to be in the right dollar range for what we were dealing with. Thankfully, my case was dismissed. Jeff took the time to show the DA that there were inconsistencies all over the place and that there was no way I was guilty…likely shouldn’t have even been issued a summons. As I said to Jeff, I hope I never have to talk with him again, but I won’t hesitate to call if need be.

— Christian

Thorough Representation

I had the pleasure of working with Cassandra regarding an expungement matter of a juvenile case. She was very concise in her explanations of the process and kept me up to date on the evolving progress of the case. Upon completion of the expungement, I was glad to see that Cassandra had gone the extra mile to make sure that the intricacies of my case were properly addressed. Although I hope to never personally require these services again, I would gladly recommend Cassandra and Wolf Law to anyone in need of representation.

— Jared

Outstanding Law Firm

Wolf Law was very helpful in fulfilling my personal needs. Colleen Kelley knew how to approach my case and made me feel better about my results in the bargain. I would recommend her to anyone with criminal trouble; she is an amazing lawyer.

— Levi

Excellent Representation!

Jeff was with me from Day 1 after getting pulled over for an accused DUI charge. Jeff’s knowledge of the process and responsiveness to my questions, concerns were impressive. His professionalism to me and in court was excellent. Jeff truly made this stressful and emotionally taxing situation 100 times better. I am grateful he was referred to me. I would definitely recommend Jeff if ever faced with a driving-related charge. Jeff will be my first call in the future for any legal counsel (which hopefully, is never again).

— Scott

Colleen is wonderful!

Colleen was so helpful and it was comforting to have her knowledge and experience working on our emergency. She took a process we had no experience with and made us feel secure and empowered. She did so much for us, and I can’t thank her enough or recommend her more highly!

— James Sehota

A Great Help in a Time of Turbulence

After being convicted of a DUI for marijuana, I quickly searched for an attorney. I chose to contact Wolf Law first because of the certifications and positive reviews that I saw. I am very glad that I made this choice. This was my first time in trouble with the law, so I didn’t quite know how to handle the situation, but with just a few meetings, phone calls, and emails I felt confident towards the resolution of my issues. Jeff explained everything thoroughly and made sure I knew everything I needed to know and more. I personally needed only a few meetings and talks, but I know that Jeff would be glad to meet or talk as much as necessary. He is clearly very passionate about his work and is a well of legal knowledge. I began with several charges and seeing an overwhelmingly bad outcome in my future, but as Jeff and Wolf Law fought for me, the charges faded away until only one remained and even it was reduced. I left with what I view as the best possible outcome for my given situation. Wolf Law not only helped mitigate the consequences of my mistake, but also granted me great comfort and guidance through the whole experience.

— Bryan C.