Consequences of Drug Trafficking Charges in Summit County
Being charged with drug trafficking is a horrible experience. If you are under investigation or facing charges, you’ll want to speak with a criminal defense attorney right away. A conviction for drug trafficking in Colorado carries serious penalties.
Kylie Whitaker and Ehren Penix are drug crime defense attorneys in Breckenridge. At Whitaker & Penix, LLC, we defend clients in Summit County and throughout the 6th Judicial District who have been accused of trafficking and other drug-related offenses. We bring extensive courtroom experience, a detailed legal strategy, and personal attention to every case.
What Is Drug Trafficking in Colorado?
In Colorado, drug trafficking refers to the manufacture, distribution, sale, or transportation of controlled substances. Many people assume trafficking means large-scale smuggling. But you can be charged with the offense based on having a relatively small amount of drugs, if prosecutors believe you intended to distribute them.
Under Colorado Revised Statutes (CRS § 18-18-405), it is a felony to knowingly:
- Manufacture, dispense, sell, or distribute a controlled substance
- Possess a controlled substance with intent to dispense, sell, or distribute it
Factors That Contribute to Trafficking Charges
Possession becomes trafficking the moment the state believes you intended to distribute, even if no transaction occurred. In drug trafficking cases, intent can be implied by:
- Quantity of the substance
- Packaging materials (e.g., baggies, scales)
- Large amounts of cash
- Communications (texts, emails)
What Is a Controlled Substance?
Trafficking charges may apply to any controlled substance. In Colorado, controlled substances are categorized into five drug schedules, based on their potential for abuse, accepted medical use, and risk of dependence. These are aligned with the federal Controlled Substances Act but may have specific applications under Colorado law.
Schedule I
High abuse potential, no accepted medical use, and unsafe even under supervision.
Examples: Heroin, LSD, MDMA, Psilocybin.
Note: Marijuana is not Schedule I under Colorado law.
Schedule II
High abuse potential with accepted medical use; risk of severe dependence.
Examples: Cocaine, meth, oxycodone, fentanyl, Adderall, Ritalin.
Schedule III
Moderate to low abuse and dependence risk; accepted medical use.
Examples: Ketamine, steroids, testosterone, low-dose codeine products.
Schedule IV
Lower abuse potential than Schedule III; accepted medical use.
Examples: Xanax, Valium, Ativan, Tramadol, Ambien.
Schedule V
Lowest abuse potential; accepted medical use; limited narcotic content.
Examples: Codeine cough syrups, Lomotil, Lyrica.
Understanding State and Federal Drug Trafficking Charges
You can be charged with drug trafficking by either the State of Colorado or the federal government, and sometimes both. Understanding the difference is essential for preparing a solid legal defense.
State Charges
Most drug trafficking charges in Summit County are prosecuted under Colorado state law. These cases are typically handled in the Summit County District Court in Breckenridge and are based on activity that occurs solely within Colorado.
Federal Charges
You may face federal drug trafficking charges if:
- The alleged trafficking crossed state lines
- The quantity of drugs is particularly large
- Federal agencies (DEA, FBI) were involved in the investigation
- Firearms or organized crime are part of the case
Federal charges come with stricter sentencing guidelines, and convictions often carry mandatory minimum sentences, especially for repeat offenders or trafficking Schedule I or II substances.
Legal Defenses to Drug Trafficking Charges
Just because you’ve been charged doesn’t mean you’ll be convicted. At Whitaker & Penix, LLC, we build a customized defense strategy based on the specifics of your Breckenridge drug crime case.
Illegal Search and Seizure
If law enforcement obtained evidence without a valid warrant or probable cause, we may be able to suppress it under the Fourth Amendment. This is especially common in traffic stops along I-70 or vehicle searches during ski season.
Lack of Intent to Distribute
Possession of a large amount of drugs doesn’t automatically prove intent to distribute. We may argue that the substances were for personal use, not sale, especially if there’s no evidence of packaging, scales, or communication about selling.
Entrapment
If law enforcement persuaded you to commit a crime you would not have otherwise committed, entrapment may be a valid defense, particularly in cases involving undercover sting operations.
Chain of Custody Issues
If the evidence was mishandled or compromised during collection, storage, or testing, we can challenge its reliability.
No Knowledge of the Substances
In some cases, you may not have known the drugs were in your car, home, or personal belongings. This defense may apply in cases involving shared spaces or vehicles.
What To Do If You’re Arrested
If you’ve been arrested or are under investigation for drug trafficking charges in Colorado, take these steps immediately:
- Do Not Talk to Police Without an Attorney
Anything you say can and will be used against you. Politely invoke your right to remain silent and request legal representation. - Contact Whitaker & Penix, LLC Immediately
The sooner we’re involved, the sooner we can start protecting your rights, gathering evidence, and preparing your defense. - Do Not Post About the Case on Social Media
Prosecutors may monitor your public activity for evidence. Keep your case private. - Gather Any Evidence or Names of Witnesses That May Help
If there were others present during your arrest or search, or if you have communications showing a lack of intent, preserve them.
Reasons to Choose Our Firm
Finding an attorney who understands the local courtroom culture, pretrial processes, and sentencing tendencies can make a big difference. Kylie Whitaker and Ehren Penix both have experience working as criminal prosecutors. Kylie has been recognized as a Rising Star by Super Lawyers, and Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau.
Speak With an Experienced Drug Trafficking Defense Lawyer in Summit County
At Whitaker & Penix, LLC, we understand how serious drug trafficking allegations can be, and what’s at stake for your future, but you don’t have to face this alone.
Call (970) 368-0602 now for a free consultation.