Colorado law makes it a crime to use or possess hydrocodone (also referred to as Vicodin or Norco) without a lawful prescription. The black market sale (or possession for sale) of the drug carries even more serious penalties:
However, the court may instead impose up to 1 year of probation, up to $500, and possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense)
Hydrocodone can fall in either Schedule II or Schedule III, depending on the amount of drugs discovered when you are arrested.
1. The unauthorized use, possession or sale of hydrocodone in Colorado
Unlawful possession
According to Colorado law, it is illegal to possess a controlled substance like hydrocodone knowingly. You can be convicted of the unlawfulpossession of a controlled substance if you unlawfully obtained:
Any material, compound, mixture, or preparation weighing four grams or less in Schedule I or II
Any material, compound, mixture, or preparation weighing more than four grams in Schedule I or II
Any material, compound, mixture, or preparation that contains any quantity of a controlled substance listed in Schedule III, IV, or V1
Unlawful possession penalties (as a Schedule II drug)
When the hydrocodone weighs four grams or less, possession is a level 1 drug misdemeanor. The sentence is 6 to 18 months in jail; and/or $500 to $5,000 in fines. However, the judge may grant probation instead.
Otherwise, possession is a level 4 drug felony, carrying 6 to 12 months in prison (plus 1 year of parole), and/or a fine of $1,000 to $100,000.
Unlawful distribution, manufacturing, dispensing, or sale
In Colorado, it also considered to be unlawful to knowingly conspire to or possess with the intent to do any of the following with hydrocodone:
sell
distribute
dispense
possess for sale
possess one or more chemicals or supplies or equipment with the intent to unlawfully manufacture 2
Unlawful distribution, manufacturing, dispensing, or sale penalties
The unlawful distribution, manufacturing, dispensing, or sale of this controlled substance is classified as a Colorado class 3 felony. This is punishable by a fine of $ 3,000 to $750,000 and a prison term of 4 to 12 years.
You may possess hydrocodone if you have a current and valid prescription.
2. Unlawful use of hydrocodone
In Colorado, it is against the law to use a controlled substance unless legally authorized to do so. Thus, if you do not have a prescription for hydrocodone but are using the substance anyway, you can be charged with this offense.
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 $500.3
Colorado takes a more rehabilitative approach to drug addiction. If caught consuming the substance, the court has the option of granting you treatment at your own expense. If the treatment is successfully completed, misdemeanor charges will be dismissed.
3. Defenses for Colorado hydrocodone charges
There are no affirmative defenses for charges involving the substance of hydrocodone. Since these cases are often individualized, the facts and circumstances will determine the most appropriate defenses to pursue.
Unwitting Possession
One defense that is commonly applied in cases where the actual user of the drug is up for debate is called the “unwitting possession” defense. You would contest that you were in unauthorized possession of a controlled substance.
Example: You give a friend a ride to their house after work and they leave their drugs in your car by mistake. Oblivious to the presence of the unauthorized prescription drugs, you end up getting stopped by an officer. He noticed the substance in your car and you are apprehended on a prescription drug charge.
If this were to happen, you could raise the unwitting possession defense due to the fact you were not aware that the prescription containing hydrocodone was in your possession.
Other Defenses…
Our law firm has defended hundreds of clients accused of hydrocodone offenses. We find that the most effective strategies are to show that:
Police misconduct (such as false evidence, failure to read rights, coerced confession)
