“Level 1 Drug Felonies” – Colorado Law & Penalties
In Colorado, a “level 1 drug felony” is a class of drug crime punishable by
8 years to 32 years in prison and/or
fines of $5,000.00 to $1 million.
That said, the minimum prison termbecomes 12 years if the crime involves aggravating circumstances, such as if the defendant was on parole at the time of the offense.
A common level 1 drug felony is selling controlled substances (CRS 18-18-405) that include more than:
If convicted, defendants must give up their firearms for life (unless they get a Governor’s Pardon restoring their gun rights). Plus, the conviction can never be sealed from their criminal record.
In this article, our Colorado criminal defense attorneys discuss:
There are only four level 1 drug felonies in Colorado:
Selling controlled substances (CRS 18-18-405) that include more than 225 grams of a schedule I or schedule II drug – or more than 112 grams of methamphetamine, heroin, ketamine, or cathinone – or more than 50 milligrams of flunitrazepam;
Selling controlled substances (CRS 18-18-405) that are schedule I or II drugs to a minor, and the adult is at least two 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 two years older than the minor;
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.
See the state government’s official list of Colorado level 1 drug felonies.
4. Can level 1 drug felonies get sealed?
Level 1 drug felony convictions in Colorado can be sealed five years after the case closes. But if the charge gets dismissed, there is no waiting period to ask the court for a record seal.2
Learn how to seal Colorado criminal records.
The presumptive maximum sentence for a level 1 drug felony is 32 years in prison.
5. Can I have a trial?
Yes. Level 1 drug felony defendants in Colorado can have either
a bench trial or
a jury trial of twelve jurors (though the defendant can request a smaller jury of no less than six jurors).3
6. What if I am not a U.S. citizen?
Non-citizens who get convicted of level 1 drug felonies will be deported from the U.S. after they serve their prison sentence. That is why non-citizens charged with drug crimes should hire an attorney to fight the charges. Learn more about the criminal defense of immigrants in Colorado.4
Colorado prosecutors have three years to bring level 1 drug felony charges after the alleged offense occurred. This statute of limitations pauses (tolls) for up to five years if the defendant is not in Colorado.6
Additional Reading
For more in-depth information, refer to these scholarly articles:
