The Drug Schedules and How They Affect Your Charges
The federal government has created a system of categorizing illegal, over-the-counter, and prescription drugs known as drug schedules. State and federal drug laws are heavily influenced by the schedule that a particular drug falls under.
In Colorado, the schedule of a drug influences whether the charge will be a misdemeanor or a felony. It also influences the severity of the penalties, including fines and prison time. Additionally, certain schedules can trigger mandatory minimum sentences, limiting the judge’s discretion in sentencing.
What Are Drug Schedules in Colorado?
Drug schedules are a classification system used to organize controlled substances based on their potential for abuse, accepted medical use, and safety under medical supervision. The scheduling system ranges from Schedule I to Schedule V. Schedule I substances are considered the most dangerous, with a high potential for abuse and no accepted medical use. Schedule V substances are deemed the least dangerous, with a low potential for abuse and recognized medical uses.
The classification of a substance within the drug schedules is pivotal in determining the legal consequences of drug charges. For example, offenses involving Schedule I substances typically carry harsher penalties than those involving lower schedule drugs due to their high abuse potential and lack of accepted medical use.
- Schedule I drugs are classified as substances with a high potential for abuse, no accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. Examples of Schedule I drugs include heroin, lysergic acid diethylamide (LSD), and methylenedioxymethamphetamine (MDMA, commonly known as ecstasy).
- Schedule II drugs are substances that have a high potential for abuse, which may lead to severe psychological or physical dependence, but also have accepted medical uses with severe restrictions. These drugs include both illicit substances and prescription medications. Examples of Schedule II drugs include cocaine, methamphetamine, oxycodone, and fentanyl.
- Schedule III drugs are characterized by a moderate to low potential for physical and psychological dependence. These substances have accepted medical uses in the United States, making them less strictly regulated compared to Schedule I and II drugs. Examples of Schedule III drugs include anabolic steroids, ketamine, and certain combinations of products containing less than 90 milligrams of codeine per dosage unit, such as Tylenol with codeine.
- Schedule 4 drugs are substances that are recognized for their medical use but carry a potential for abuse and dependence. Common examples include Xanax (alprazolam), Valium (diazepam), and Ativan (lorazepam).
- Schedule 5 drugs are substances with a lower potential for abuse compared to Schedule 4 drugs and accepted medical uses. Common examples include cough preparations with less than 200 milligrams of codeine per 100 milliliters, such as Robitussin AC, and medications like Lomotil, which is used for diarrhea treatment. These drugs are often available over the counter or with a prescription, reflecting their relatively low risk.
Understanding Possession of Controlled Substances
Possession of controlled substances is one of the most common drug charges in Colorado. Depending on the type and amount of the substance, possession can be charged as either a misdemeanor or a felony. For example, possessing a small amount of a Schedule V drug may result in a misdemeanor charge, while possessing larger quantities of a Schedule I or II substance can lead to felony charges. In Colorado, even the possession of a small amount of certain drugs, like cocaine or heroin, can trigger severe legal repercussions, including significant fines and potential jail time.
What Is Possession with Intent to Sell?
Charges for possession with intent to sell are typically felonies and come with harsher penalties compared to simple possession. The severity of the charge depends on the type and amount of the substance involved. Possessing large quantities of a Schedule I drug with intent to sell can lead to significant prison time and substantial fines.
How Colorado Handles Transportation and Distribution
Transportation and distribution of controlled substances are severe charges in Colorado. These charges apply when an individual is caught moving drugs from one place to another, especially across state lines, or distributing them within the community. The severity of these charges can escalate based on the type and amount of the substance being transported or distributed. Transporting large quantities of Schedule I drugs like heroin or methamphetamine can result in felony charges with severe penalties, including lengthy prison sentences and hefty fines.
Understanding Colorado’s Mandatory Minimum Sentences
In Colorado, certain drug offenses involving specific quantities of controlled substances can trigger mandatory minimum sentences. These sentences are predetermined, leaving judges with limited discretion to impose lighter penalties. The intent behind mandatory minimums is to deter high-level drug trafficking and distribution.
Possession of large quantities of Schedule I or II drugs, such as heroin or methamphetamine, often comes with mandatory minimum prison terms. This means that even first-time offenders can face substantial prison time if caught with significant amounts of these substances. Mandatory minimum sentences can apply to various drug-related activities, including possession with intent to sell or transportation of large quantities.
Common Legal Defenses Against Breckenridge Drug Charges
One of the most effective defenses against drug charges in Colorado involves challenging the legality of the search and seizure that led to the arrest. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures by law enforcement. If the police conducted a search without a valid warrant or probable cause, any evidence obtained during that search might be deemed inadmissible in court.
Another defense strategy against drug charges involves questioning the accuracy of the drug quantity and the testing methods used. The precise quantity of a controlled substance can significantly influence the severity of the charges and penalties. Summit County defense lawyers may challenge the methods used by law enforcement to weigh and test the drugs, arguing that equipment malfunctions, human error, or improper procedures could have led to inaccurate results.
The chain of custody for the evidence must be carefully documented to ensure that the drugs tested are the same as those allegedly found in the defendant’s possession. Any discrepancies or procedural errors can be used by your criminal defense lawyer to cast doubt on the prosecution’s case, potentially leading to reduced charges or even dismissal.
Defendants may defend against drug charges by proving a lack of knowledge. For example, if drugs were found in a car the defendant was merely borrowing, this defense might be applicable.
Entrapment occurs when law enforcement officials induce a person to commit a crime they otherwise would not have committed. This defense requires proving that the defendant had no predisposition to engage in illegal activity before being approached by the police. Demonstrating entrapment can lead to the dismissal of charges, as it reveals that the defendant was unfairly coerced into committing the offense.
Contact Our Dedicated Drug Crime Defense Attorneys in Breckenridge
At Whitaker & Penix, LLC, we have years of criminal law experience working in the local court system in Breckenridge. Attorneys Kylie Whitaker and Ehren Penix can build a robust defense strategy, seeking an acquittal or a reduced sentence and the restoration of your good name.
Kylie Whitaker was selected as a Colorado Rising Star by Super Lawyers, and Whitaker & Penix, LLC, has an A+ rating from the Colorado Better Business Bureau.
During your FREE consultation, our Breckenridge drug crime attorneys can sit down with you and discuss your legal options. Give us a call at (970) 368-0602 to learn more today.