Heroin – Laws, Penalties & Defenses in Colorado

Heroin – a schedule I controlled substance that has no accepted medical use – is illegal to use, possess, make, or sell in Colorado. Depending on the case, heroin crimes range from misdemeanors carrying probation to felonies requiring years in prison.

In recent years, Colorado prosecutors are placing a higher emphasis on rehabilitation over incarceration. First-time offenders are more likely than ever to avoid jail time in exchange for completing diversion (treatment).

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

• 1. Unlawful use of heroin – CRS 18-18-404
• 2. Possession of heroin – CRS 18-18-403.5
• 3. Other unlawful acts with heroin – CRS 18-18-405
• 4. Common defenses
• Additional resources

1. Unlawful use of heroin – CRS 18-18-404

Injecting, snorting, smoking, or otherwise consuming heroin in Colorado is a level 2 drug misdemeanor, which carries:

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

However, courts usually impose the following, lighter penalty:

• 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 $500¹

Note that if you possess the heroin you use (as opposed to being given it by someone else), you face prosecution for the more serious crime of unlawful possession, discussed below.

2. Possession of heroin – CRS 18-18-403.5

Under Colorado law, you are in possession of an illegal drug (also called “simple possession”) if you:

• knowingly have control over the drug (such as by carrying it or storing it in your home or car); and
• you know the drug is illegal.

Possessing up to 4 grams of heroin in Colorado is a level 1 drug misdemeanor, carrying:

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

However, courts usually grant probation, which may comprise:

• Possibly 180 days in jail (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. It is also a level 4 drug felony to possess more than 4 grams of heroin, even for a first offense. The penalty is:

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

Felony sentences can be even longer (9 months to 2 years) if there are aggravating circumstances, such as if you were on parole at the time of the heroin possession.

Probation and diversion for heroin possession

Terms and conditions or your probation may include:

• Not using unlawful drugs while on probation,
• Attending and completing a court-approved drug treatment program,
• Not committing any other crimes, and/or
• Anything else the court deems in your and the public’s best interests.

You are not eligible for drug diversion (treatment) if:

• You are ineligible for probation under CRS 18-1.3-201,
• You have ever been convicted of a crime of violence, or
• You have two or more prior felony drug convictions (including any prior diversions or drug felonies reduced to misdemeanors).²

3. Other unlawful acts with heroin – CRS 18-18-405

CRS 18-18-405 makes it a Colorado felony to do any of the following with heroin:

• sell,
• manufacture,
• distribute,
• dispense,
• possess for sale,
• induce, attempt to induce, or conspire to do any of the foregoing, or
• possess one or more chemicals or supplies or equipment with intent to manufacture heroin.

In most CRS 18-18-405 cases, the penalties turn on the amount of heroin involved.

Quantity of heroin	Colorado penalties for violating CRS 18-18-405
More than 112 grams	level 1 drug felony: 8 to 32 years (plus 3 years of parole) and $5,000 to $1,000,000 In aggravated cases, the mandatory minimum sentence is 12 years
More than 7 grams up to 112 grams	level 2 drug felony: 4 to 8 years in prison (plus 2 years of parole) and/or $3,000 to $750,000 In aggravated cases, the prison sentence is 8 to 16 years.
Up to 7 grams	level 3 drug felony: 2 to 4 years in prison (plus 1 year of parole) and/or $2,000 to $500,000 In aggravated cases, the prison sentence is 4 to 6 years

Note that selling or giving any amount of heroin to a minor at least two years younger than you is a level 1 drug felony, carrying:

• 8 to 32 years (or 12 to 32 years in aggravated cases) plus 3 years of parole, and
• $5,000 to $1,000,000

In keeping with Colorado’s policy to prioritize treatment over punishment, transferring heroin is prosecuted as a level 4 drug felony as long as your intention was to immediately consume all the heroin (no more than 2 grams) with another person at the time of the transfer. Penalties include:

• 6 to 12 months in prison (or 1 to 2 years in aggravated cases) plus 1 year of parole, and/or
• $1,000 to $100,000

Alternatively, you may be eligible for deferred sentencing and drug treatment, which can reduce your level 4 drug felony charge to a misdemeanor charge for simple possession.³

4. Common defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with drug crimes involving heroin and similar narcotics. In our experience, the following eight defenses have proven very effective with prosecutors, judges, and juries.

1. The heroin belonged to someone else.
2. You did not know you possessed the heroin.
3. You knew you had the heroin, but you did not know what it was and did not know of its nature as a controlled substance.
4. The heroin was for your personal use (this is a partial defense that could get your drug sale charge reduced to simple possession).
5. The police found only trace amounts of heroin.
6. There was not as much heroin as the prosecutor says there was (this is a partial defense that could get your charges reduced).
7. The drugs were discovered as the result of an illegal search and seizure.
8. There was other police misconduct (coerced confession, false evidence, failure to read you your rights, etc.) that could force the D.A. to drop your charges.⁴

Additional Resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.

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