Level 1 Drug Misdemeanor – Colorado Law & Penalties
Level 1 drug misdemeanors in Colorado are punishable by 6 to 18 months in county jail and/or $500 to $5,000 in fines. For simple possession convictions, courts typically grant probation and a $1,000 fine. Convictions are sealable from your criminal record two years after the case closes.
In this article, our Colorado criminal defense attorneys discuss:
Level 1 drug misdemeanors carry a maximum penalty of 18 months in jail and $5,000 in fines.
1. What are level 1 drug misdemeanors?
Colorado law categorizes drug misdemeanors into two separate tiers: level 1 to level 2. Level 1 drug misdemeanors have harsher penalties than level 2 drug misdemeanors.
Both types of drug misdemeanors have laxer punishments than drug felony convictions and harsher punishments than drug petty offenses.1
2. What are the penalties?
Colorado penalties for level 1 drug misdemeanors include six to 18 months of jail time and/or $500 to $5,000 in fines.
As of March 1, 2020, the punishment for unlawful possession is:
Probation of up to 2 years;
Possibly 180 days in jail; and
Up to $1,000
But for a 3rd or subsequent offense, up to 364 days in jail.2
You may be able to perform community service instead of paying a fine.
Note that certain level 4 drug felonies are wobblers. This means they can be reduced down to level 1 drug misdemeanors if you successfully complete probation.
3. What are examples?
Three examples of level 1 drug misdemeanors in Colorado include:
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
See the state government’s official list of level 1 drug misdemeanors.
There are noextraordinary risk level 1 drug misdemeanors.
4. When are level 1 drug misdemeanors sealable?
Defendants convicted of level 1 drug misdemeanors in Colorado can pursue a criminal record seal two years after the case closes. Note: there is no wait to obtain a seal if the charge is dismissed.3
Learn how to get criminal records sealed in Colorado.
Level 1 drug misdemeanor convictions in Colorado can be sealed two years after the case ends.
5. Are there deportation consequences?
Drug-related offenses are deportable. Consequently, non-citizens charged with drug offenses should hire experienced counsel. An attorney may be able to get the case dismissed or reclassified as a non-deportable offense.
Learn more about the criminal defense of immigrants in Colorado.4
6. Can I go to trial?
Yes. If you are charged with level 1 drug misdemeanors in Colorado, you are entitled to a jury trial of six jurors (but you can request a trial with as few as three jurors). You can also elect to have a bench trialinsteadof a jury trial.5
Federal law forbids narcotics addicts or users from having guns.7 And drug users who attempt to purchase a gun in Colorado face criminal charges for illegal purchase of a firearm (CRS 18-12-111).
