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Drug Petty Offenses in Colorado – Law & Penalties

Drug petty offenses are Colorado’s lowest-level controlled substance crimes. There are only three drug petty offenses:
  1. Possessing up to 2 oz. of marijuana in public
  2. possessing drug paraphernalia, and
  3. possessing prescribed drugs in a container that they were not dispensed in, and being unable to show legal ownership.
The maximum penalty is $100. And the use of marijuana in public also carries up to 24 hours of community service.
In this article, our Colorado criminal defense attorneys will address the following key topics:
Woman smoking joint outside
Public consumption of marijuana is a drug petty offense in Colorado.

1. Drug Petty Offenses

Drug petty offenses are the laxest class of Colorado narcotics crimes, below drug misdemeanors and drug felonies. There are only three drug petty offenses, and none of them carry county jail time:1

Colorado Petty Offense

Penalties
Possessing up to two ounces of marijuana in public (CRS 18-18-406) Up to $100 in fines and additional 24 hours of community service
Possessing prescribed controlled substances in a container it was not dispensed in, and being unable to show legal ownership (CRS 18-18-413) Up to $100 in fines
Possession of drug paraphernalia with the knowledge that it could be used as drug paraphernalia (CRS 18-18-428) Up to $100 in fines2
In certain cases, the district attorney will reduce drug misdemeanor charges to a drug petty offense as part of a plea bargain. See the state government’s official list of Colorado drug petty offenses.

2. Record Seals

People convicted of petty drug offenses in Colorado may petition to have their records sealed one year after the case ends. If the drug crime charge is dropped, the defendant can immediately petition to have the record sealed. (Note that convictions for DUIs, domestic violence, and sex offender crimes such as sexual assault cannot be sealed.)3 Learn how to get criminal records sealed in Colorado.
Clipboard with paper saying "criminal background check"
Drug-related petty offenses remain on criminal records unless they are sealed.

3. Immigration Consequences

Drug petty offenses are potentially deportable because they involve controlled substances. Consequently, non-citizen defendants should talk with an attorney to discuss how to fight the charges. Read more about the criminal defense of immigrants in Colorado

4. Trials

Drug petty offense defendants in Colorado are entitled to either a bench trial or a jury trial of three to six jurors. But to obtain a jury trial, the defendant must petition the court in writing within 21 days of entering a not-guilty plea. And the jury will have only three jurors unless the defendant requests four, five, or six jurors.5

5. Statute of Limitation

Under Colorado state law, prosecutors have six months to press charges against people accused of committing a drug petty offense. This six-month clock typically begins running after an arrest or citation by law enforcement or peace officers. Learn more about criminal statutes of limitations in Colorado.6

6. Gun Rights

Drug petty offenses usually do not affect gun rights. However, drug users or addicts are prohibited from possessing drugs, whether or not they have criminal convictions. Therefore, defendants should consult with an attorney about their options.7 Go to our Colorado petty offense main page. See our related articles about Colorado felonies and Colorado misdemeanors. Return to our Colorado drug laws main page. Also learn about medical marijuana in Colorado.

Legal References

  1. Colorado Revised Statute (criminal code) 18-1.3-501; see also People v. Gonzales (Court of Appeals of Colorado, Division One, 2017) 415 P.3d 846; see also People v. Boyd (Court of Appeals of Colorado, Division Four, 2015) 395 P.3d 1128.
  2. Same.
  3. CRS 24-72-701 – 708.
  4. 8 USC 1227.
  5. CRS 16-10-109.
  6. CRS 16-5-401.
  7. CRS 18-12-108; Colorado Constitution, Article IV, § 7.

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