Colorado “Cocaine” Laws – Penalties & Best Defenses

Colorado law makes it a crime to possess, use, be under the influence of, sell, or traffic cocaine. Simple possession or use of cocaine is a misdemeanor, while all sales and trafficking offenses are felonies. This chart illustrates the penalties for the various cocaine-related offenses:

Cocaine crime in Colorado	Penalties (generally)
Use (CRS 18-18-404)	Level 2 drug misdemeanor: 1 year of probation and up to $500
Simple possession (CRS 18-18-403.5)	Level 1 drug misdemeanor: 1 year of probation and up to $1,000
Sale or possession for sale (CRS 18-18-405)	Under 14 grams Level 3 drug felony: 2 to 4 years in prison and/or $2,000 to $500,000 14 grams to 225 grams Level 2 drug felony: 4 to 8 years in prison and/or $3,000 to $750,000 More than 225 grams Level 1 drug felony: 8 to 32 years in prison and/or $5,000 to $1,000,000 (It is also a level 1 drug felony if any cocaine is transferred to a minor under 18 or is transferred within 1,000 feet of a public or private school, vocational school, or public housing development.)

Cocaine is a Schedule II drug under Colorado law (CRS 18-18-204) and federal law. This means that according to the government, it has a

1. high potential for abuse,
2. restricted medical use, and
3. the potential for severe psychological or physical dependence.

However, there are numerous defenses to these crimes, including (without limitation):

• The cocaine wasn’t yours,
• You didn’t know that what you possessed (or used) was a controlled substance, or
• The cocaine was discovered during an illegal search or seizure.

To help you better understand Colorado’s laws on cocaine, our Denver Colorado criminal defense lawyers discuss the following below:

• 1. Unlawful Use
• 2. Simple Possession
• 3. Sale or Possession for Sale
• 4. Aggravated Drug Sentencing
• 5. Fighting the Charges
• Additional Resources

1. Unlawful Use

Using cocaine is a misdemeanor under Section 18-18-404 of the Colorado Revised Statutes. Although cocaine is occasionally used in hospitals or medical/surgical centers, such use is rare and is legal only when done under the supervision of an authorized medical practitioner.

Penalty for cocaine use

The unlawful use of cocaine is a Colorado level 2 drug misdemeanor, which carries:

• Up to 12 months in county jail, and/or
• $50 – $750 in fines

However, the court may instead impose the following lighter penalty for drug use:

• Probation of up to 1 year;
• Possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense); and
• Up to $500

However, if you possess the cocaine you use (as opposed to being given it by someone else), you risk being charged with unlawful possession, a more serious crime.

2. Simple Possession

Simple possession of cocaine comprises

• physically possessing cocaine (such as carrying it),
• having constructive control over the cocaine (such as keeping it in a safe), or
• jointly possessing it with one or more people (such as a roommate).

Penalties for simple possession of cocaine

Section 18-18-403.5 of the Colorado Revised Statutes (C.R.S.) makes it a level 1 drug misdemeanor to possess cocaine knowingly. The sentence for a level 1 drug misdemeanor is:

• 6 to 18 months in jail; and/or
• $500 to $5,000 in fines

However, the court can instead impose probation, which may include:

• Possibly 180 days in jail time (or up to 364 days for a 3rd offense); and/or
• Up to $1,000

Note that a fourth conviction is a level 4 drug felony, carrying:

• 6-12 months in prison (plus 1 year of parole), and/or
• A fine of $1,000-$100,000.

Terms and conditions of probation the court may impose can include:

• That you not use drugs while on probation,
• That you complete a court-approved drug treatment program,
• That you not commit any other crimes, and/or
• Any other terms the court deems in your and the public’s best interests.

Note that you are not eligible for probation or for a fine in lieu of imprisonment, community corrections, or work release if you have two or more prior convictions for a felony under the laws of Colorado or any other state or for a violation of federal law.¹ You are also subject to mandatory prison time if you are subject to Colorado’s aggravated drug sentencing. See our page on How much cocaine is a felony?

3. Sale or Possession for Sale

Unless you are authorized by law to do so, it is a crime under 18-18-405 C.R.S. to

• sell,
• manufacture,
• distribute or dispense cocaine, or
• possess cocaine with the intent to sell it.

It is also a violation of this section to induce, attempt to induce, or conspire with one or more other persons to do any of the illegal acts, or to possess one or more chemicals or supplies or equipment with the intent to manufacture a controlled substance.

Penalties for sale of cocaine or for possession with intent to sell

Sale and possession with intent to sell are felony crimes in Colorado. Penalties for the sale of cocaine or possession with intent to sell it depend on the amount of cocaine involved.

More than 225 grams or sale to a minor

At its most serious, the sale of cocaine is a Colorado level 1 drug felony that subjects you to a mandatory prison sentence. You will be charged with a level 1 drug felony for cocaine sale or possession for sale if:

• The material, compound, mixture, or preparation involved contains cocaine and weighs more than 225 grams (just under 8 ounces), or
• You are an adult and you sell, dispense, possess with intent to distribute, or otherwise transfer any quantity of cocaine (or any material, compound, mixture, or preparation that contains cocaine) to a minor who is at least two years younger than you.²

Punishment for a Colorado level 1 drug felony can include:

• 8-32 years in prison (with a minimum of 8 years mandatory and 3 years mandatory parole), and
• A potential fine of $5,000-$1,000,000.

The mandatory minimum sentence increases to 12 years, however, if you are subject to Colorado’s aggravated felony drug sentencing.

More than 14 grams, but less than 225 grams

You commit a Colorado level 2 drug felony if you sell or possess for sale any material, compound, mixture, or preparation containing cocaine that weighs more than fourteen grams, but not more than two hundred twenty-five grams.³ Consequences of a level 2 drug felony can include:

• 4-8 years in prison (with 2 years mandatory parole), and/or
• A fine of $3,000-$750,000;

Or, if you are subject to Colorado’s aggravated sentencing range, 8-16 years in prison.

14 grams or less

You commit a Colorado level 3 drug felony if you sell or possess for sale any material, compound, mixture, or preparation containing cocaine that weighs not more than fourteen grams. As a level 3 drug felony, consequences of cocaine sale or possession for sale can include:

• 2-4 years in prison (with 1-year mandatory parole), and/or
• A fine of $2,000-$500,000.

Or, if you are sentenced in the aggravated range for a level 3 drug felony, the possible prison sentence for selling cocaine or possessing cocaine for sale increases to 4-6 years.

4 grams or less for immediate personal use

You commit a Colorado level 4 drug felony if: The violation involves the distribution or transfer of cocaine for the purpose of consuming all of the cocaine with another person or persons at a time substantially contemporaneous with the transfer; and the distribution or transfer involves not more than four grams of cocaine.⁵ Punishment for a conviction for a Colorado level 4 drug felony can include:

• Incarceration of 6 months to one year (with 1-year mandatory parole), and/or
• A fine of $1,000-$100,000.

If you are subject to aggravated sentencing, however, you face potential punishment of 1-2 years in prison.⁴

4. Aggravated Drug Sentencing

You face additional prison time for Colorado cocaine possession, sale or possession for sale if you are subject to Colorado’s aggravated sentencing for felony drug offenses. Colorado’s aggravated sentencing for drug felonies applies to people who are incarcerated, on parole, or had probation revoked for a prior felony at the time of their cocaine offense. For a more complete listing of circumstances that can subject you to increased prison time for cocaine charges, please click here to see our article on Colorado’s aggravated drug sentencing.

5. Fighting The Charges

The best defense to Colorado cocaine charges depends on the facts of your case and the crime you were charged with. However, common defenses to Colorado cocaine charges often include (but are not limited to):

• The coke wasn’t yours and you had no control over it;
• A drug test violated your constitutional rights;
• Your drug test results were unreliable;
• You didn’t know you possessed the cocaine (“lack of intent”);
• You knew you possessed the cocaine but you thought it was something innocent (“mistake of fact”);
• The police found only trace amounts of cocaine;
• You were involuntarily intoxicated;
• There was less cocaine than the prosecutor charged (partial defense);
• You transferred a small quantity of cocaine to a friend solely so you could do it together;
• You were acting under duress or coercion;
• The coke was discovered during an illegal search in violation of your rights under the Fourth Amendment; or
• The police failed to read you your Miranda rights or engaged in other misconduct (such as planting evidence or coercing your confession).

Additional Resources

If you or a loved one is suffering from drug addiction, you can find help and information here:

• Narcotics Anonymous – 12 step program to overcome substance abuse disorder.
• SAMHSA National Helpline – 24/7 treatment referral and information service by the Substance Abuse and Mental Health Service Administration.
• Cocaine Addiction: Signs & Symptoms of Cocaine Use – Article by American Addiction Centers.
• Find Drug & Alcohol Rehab Centers & Support – Resources provided by startyourrecovery.org.
• Guide to Choosing an Addiction Treatment Center in Colorado – Guide by womensrecovery.com.

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