Colorado Drug Laws – Penalties & Best Legal Defenses
Colorado drug laws make it a crime to possess, sell, manufacture, or use controlled substances. However, penalties have gotten laxer for recreational use and possession.
For instance, it is now a misdemeanor rather than a felony to possess up to four grams of such narcotics as methamphetamine, cocaine, ecstasy, or heroin.
If you are convicted of drug possession, you face only two years of misdemeanor probation instead of the standard six to 18 months in jail. Plus if you complete a drug diversion program, you can get your possession charge dismissed.
Meanwhile, it is no crime at all for adults 21 and older can possess psilocybin and up to two ounces of marijuana for recreational use.
In this article, our Denver criminal defense lawyers will address the following key issues regarding Colorado drug laws.
Colorado allows possession of marijuana in limited circumstances if you are 21 or older. However, possession of more than two ounces – or of any amount by people under 21 other than medical marijuana – is a crime.
In addition, if you are 21 or older, Proposition 122 generally permits you to possess, grow, use and share magic mushrooms (psilocybin/psilocin) and other psychedelic drugs such as DMT (Dimethyltryptamine), mescaline, and iogaine. Starting in 2025, Colorado can start licensing “healing centers” where you can pay for a supervised mushroom experience using mushrooms from a licensed grower.
Finally, it is legal to possess prescription opioids, stimulants, depressants, and other medications as long as your prescription is valid and current.
Federal Law
Marijuana and psychedelic possession are also illegal on federally owned property within the state of Colorado, which is subject to the more stringent requirements of 21 USC 812 — the federal Controlled Substances Act. Federal property includes:
National Parks,
Airports,
Courthouses,
The Veteran’s Administration,
HUD housing, and
Post offices.
Colorado drug laws favor treatment over imprisonment when it comes to personal use – at least initially for drug possession charges.
2. Unlawful Drugs
The following controlled substances are illegal in Colorado unless you have a current and valid doctor’s prescription for them.
Barbiturates, ketamine, anabolic steroids, codeine, and Xyrem.3
Schedule IV
Diazepam (Valium) and non-barbiturate sleep medications such as zolpidem (Ambien).4
Schedule V
Suboxone (buprenorphine) and cough medicine with small amounts of codeine.5
Also illegal in Colorado is the possession of synthetic cannabinoids and salvia.
Drug penalties depend on the drug’s schedule, quantity, and purpose, and whether there were aggravating factors.
However, the punishment for unlawful drug use is up to one year of probation, possibly 120 days in jail, and up to $500 in fines; for a third or subsequent conviction, unlawful drug use carries up to 180 days in jail.
Unlawful drug possession (CRS 18-18-403.5) of Schedule III-, schedule IV-, or Schedule V drugs, or up to 4 grams of Schedule I- or II drugs, or drugs listed in part 2 or Article 18 of Title 18, not including flunitrazepam or ketamine;
Marijuana possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate; and
However, unlawful drug possession carries up to two years of probation, possibly 180 days in jail, and up to $1,000 in fines; for a third or subsequent conviction, unlawful possession carries up to 364 days in jail.
Certain level 4 drug felonies are wobblers, which can be reduced to a level 1 drug misdemeanor if you complete probation. Otherwise, level 4 drug felonies carry:
6 months to 1 year in prison and/or $1,000 to $100,000 in fines,
a $1,500 surcharge, and
a 1-year mandatory parole period.
The maximum prison sentence becomes two years if there are aggravating factors.
Selling controlled substances (CRS 18-18-405), more than 14 grams to up to 225 grams of a schedule I or schedule II controlled substance (not schedule III, schedule IV, or Schedule V);
Selling controlled substances (CRS 18-18-405) that are schedule I or II drugs to a minor, and the adult is at least 2 years older than the minor;
Selling marijuana to a minor (CRS 18-18-406) if there is more than 2.5 pounds of marijuana – or more than 1 lb. of marijuana concentrate – and if the adult is at least 2 years older than the minor; and
Selling marijuana (CRS 18-18-406) if the amount of marijuana is more than 50 pounds – or the amount of marijuana concentrate is more than 25 lbs.
The minimum prison term becomes 12 years if the case has aggravating factors.
Typical drug crime defenses include police entrapment, unlawful police search, and lack of possession.
4. Defenses
In our experience at Colorado Legal Defense Group, there are seven primary defenses we rely on to get drug charges lessened or dropped:
Unlawful search and seizure: This defense argues that law enforcement violated your Fourth Amendment rights. If the police searched without a warrant, consent, or probable cause, any evidence obtained might be thrown out of court.
Lack of possession or ownership: Simply being near or in the same location as drugs does not automatically make you guilty of a drug crime. The prosecution must prove that you knowingly had control over the drugs. In shared spaces, like a home or a car, proving this can be challenging.
Drugs belonged to someone else: This is a more specific version of the lack of possession defense. If we can show that the drugs belonged to another person, you might be able to avoid a conviction.
Entrapment: If a law enforcement officer induced you to commit a drug crime that you would not have committed otherwise, this could be a case of entrapment.
Missing drugs: In some cases, the actual drugs that serve as the main evidence might get lost. If the prosecution cannot produce the actual drugs at trial, it might be possible to argue for a dismissal.
Lab analysis: Just because a substance looks like a drug does not mean it is. An official lab analysis is required to confirm that a seized substance is indeed an illegal drug. If the substance was not sent to a lab or the results are inconclusive, this defense could be used.
Planted drugs: Although it is difficult to prove, if there is evidence that drugs were planted by law enforcement, the charges can be dismissed.
For you to be convicted of drug crimes in Colorado, prosecutors have to prove each element of the offense beyond a reasonable doubt. If we can show the D.A. that their evidence is too insufficient to sustain a guilty verdict, we may be able to get your charges reduced or dismissed.
Frequently Asked Questions
What happens if I get caught with a small amount of drugs like cocaine or heroin?
If you possess up to four grams of Schedule I or II drugs (like cocaine, heroin, meth, or ecstasy), it’s now a misdemeanor instead of a felony. You face up to two years of probation instead of jail time. If you complete a drug diversion program, you can get your possession charge dismissed completely.
How much marijuana can I legally have in Colorado?
Adults 21 and older can possess up to two ounces of marijuana for recreational use. Possessing more than two ounces is illegal, and any amount is illegal for people under 21 (except medical marijuana with proper authorization).
What are the penalties for selling drugs in Colorado?
Selling drugs is always a felony in Colorado. Penalties depend on the type and amount of drugs involved. For example, selling up to four grams of Schedule III or IV drugs is a Level 4 felony with six months to one year in prison. Selling larger amounts or more dangerous drugs carries much harsher sentences, up to eight to 32 years for Level 1 felonies.
Can police search me for drugs without a warrant?
Police generally need a warrant, your consent, or probable cause to search you legally. If they search without meeting these requirements, any drugs they find might be thrown out of court. This “unlawful search and seizure” defense is one of the most common ways to fight drug charges.
Additional Reading
For more information, you may wish to visit our Colorado-specific articles on:
If someone you know is OD-ing, you can call 911 without fear of arrest or prosecution for drug crimes thanks to Colorado’s Good Samaritan Law.7
If you or someone you know is suffering from drug addiction, you can find help at the following places:
CRS 18-18-203;People v. Holmberg (Colo.App. 1999) 992 P.2d 705. Schedule I drugs have a high potential for abuse and no accepted medical use, or those that are unsafe for use in treatment, even under medical supervision. Schedule 1 drugs include hallucinogens.
CRS 18–18–204; People v. Frantz (Colo.App. 2004) 114 P.3d 34. Schedule II drugs have a high potential for abuse, but they have an accepted medical use and can result in severe psychological and physical dependence if abused. Schedule II drugs include opium and prescription opioid pain pills.
CRS 18-18-205. Schedule II drugs have a lesser abuse potential than Schedule I or II drugs and have an accepted medical use but can lead to low or moderate physical dependence and high psychological dependence.
CRS 18-18-206. Schedule II drugs have a lower potential for abuse than Schedule III drugs and have an acceptable medical use but may lead to limited psychological and physical dependence. They include prescription anti-anxiety medications.
CRS 18-18-207. Schedule I drugs are the least dangerous drugs, with the lowest potential for abuse, a currently accepted medical use, and which are likely to lead to only limited physical or psychological dependence.
In this article, our Denver criminal defense lawyers will address the following key issues regarding Colorado drug laws.
