Possession and Distribution of a Controlled Substance

Are you facing distribution of a controlled substance charge?

Possession of a Controlled Substance – What Is It?

Sale, manufacture, distribution, use, and possession of controlled substances are all serious offenses that attract serious punishments.

If you are facing charges that have to do with controlled substances, you can count on our drug crimes defense lawyers in Colorado to ensure that your rights are protected with aggressive representation for both felony and misdemeanor charges in Colorado Springs.

Penalties for Drug Crimes in Colorado

Possession of controlled substances is illegal in the United States and so is the distribution of drugs. The Colorado Revised Statutes of 2016 have made it unlawful for any individual to knowingly sell, dispense, manufacture, or possess with intent to sell, distribute, dispense, or manufacture, a controlled substance. Including, and not limited to; induce or attempt to induce or conspire with others to possess, distribute, sell, dispense, or manufacture with intent to distribute, sell, dispense, or manufacture, a controlled substance; or possess one or more chemicals or equipment or supplies with intent to manufacture a controlled substance.

Classes of Drug Crimes

Drug crimes in Colorado are separated into classes of crime levels. Distribution of controlled substances (drugs) is always a felony crime and charges under distribution are classified as DF1, DF2, DF3, or DF4. “DF” refers to “Drug Felony” while the number refers to the severity level. The lower the value, the more serious the crime.

The same Colorado Revised Statutes of 2016 that prohibit the selling, dispensing, and manufacturing of controlled substances also prohibit distribution.

DF1: Drug Felony Level 1

It is a Drug Felony Level 1 to distribute any material weighing:

• Over 225 grams if the material contains a schedule 1 or schedule 2 controlled substance
• Over 112 grams if it contains cathinones, ketamine, or heroin
• Over 50 grams if it contains the substance flunitrazepam (date rape drug)

DF2: Drug Felony Level 2

It is a Drug Felony Level 2 to distribute any material weighing:

• Between 14 and 225 grams, if the material contains a schedule 1 or schedule 2 controlled substance
• Between 7 and 112 grams, if the material contains cathinones, ketamine, or heroin

DF3: Drug Felony Level 3

It is a Drug Felony Level 3 to distribute any material weighing:

• 14 grams or less and the material contains a schedule 1 or schedule 2 controlled substance
• 7 grams or less and the material contains cathinones, ketamine, heroin, or meth
• Over 4 grams and contains a schedule 3 or schedule 4 controlled substance.

Penalties for Possession of a Controlled Substance

Knowingly possessing a controlled substance is against the law. The unlawful possession of a schedule I or schedule II controlled substance is actually a Drug Felony Level 4. If you are convicted of a Drug Felony Level 4, you potentially face a maximum sentence of a $100,000 fine, 1-year imprisonment, or both, with 1 year of mandatory parole.

The unlawful possession of a schedule III, schedule IV, or schedule V controlled substance is a Drug Misdemeanor Level 1. If you are convicted of a Drug Misdemeanor Level 1, you potentially face a $5,000 fine, 18 months’ imprisonment, or both.

Use of a Controlled Substance

It is also unlawful for an individual to use a controlled substance with the only exception being if it is directed by a medical professional. The unlawful use of a controlled substance is a Drug Misdemeanor Level 2. If you are convicted of a Drug Misdemeanor Level 2, you potentially face a $700 fine, a maximum sentence of 12 months imprisonment, or both.

Distributing, Selling, Dispensing, or Manufacturing a Controlled Substance

When it comes to controlled substances, the harshest penalties come from selling, dispensing, manufacturing, or distributing a controlled substance. Specifically, it is against the law to knowingly sell, dispense, distribute, or manufacture a controlled substance.

It is equally unlawful to possess a controlled substance with the intent to distribute, sell, dispense, or manufacture or possess any supplies, chemicals, or equipment with the intent to manufacture a controlled substance

Selling, dispensing, manufacturing, or distributing large quantities of schedule I and schedule II-controlled substances is a Drug Felony Class 1 that carries a fine of $1,000,000, a maximum sentence of 32 years in prison, or both, with 3 years mandatory amount.

Depending on the specific amount, offenses that involve smaller quantities of schedule I and schedule II controlled substances are usually Drug Felonies Class 2 or Class 3.

Selling, manufacturing, distributing, or dispensing a schedule III or schedule IV controlled substance ranges from a Drug Felony Level 3 to a Drug Misdemeanor Level 1. Offenses that involve a schedule V controlled substance are usually Drug Misdemeanors Level 1.

Have You Been Accused of Distributing a Controlled Substance?

If you are facing distribution of a controlled substance charge in Colorado Springs, you have the legal right to fight those charges. An experienced drug crimes lawyer can help. At our Law Firm we have over 4 decades of combined legal experience that we will use in your defense.

We understand how drug cases are handled by district attorneys, because Mr. Kohn worked as a Deputy District Attorney in El Paso County. That knowledge allows us to formulate with more effective drug crimes defense strategies that range from negotiation to courtroom battles to complete dismissal of charges.

Don’t despair if you are charged with possession and/or distribution of a controlled substance, since there are numerous avenues we can pursue to successfully defend both felony and misdemeanor drug charges. You need to act quickly, so call now, and let us discuss how we can be of help at this time of need.