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Dillon Drug Crime Defense Attorney

Defending Clients Facing Drug Crime Charges in Dillon

Our state legalized recreational use of marijuana in November 2012. As of March 1, 2020, it is no longer a felony, but a misdemeanor to possess up to four grams of cocaine, Ecstasy, heroin, and certain other narcotics. Despite these changes to the law in the past decade or so, Colorado is still tough on drug crimes. A conviction could mean a jail or prison sentence, heavy fines, and a criminal record that will follow you wherever you go. If you have been accused of drug crime in Dillon, it is in your best interests to speak with an experienced Dillon criminal defense attorney as soon as possible.

What Are Controlled Substances and Illegal Drugs?

Certain chemical substances and drugs are controlled by law enforcement because of their potential for abuse and addiction. The federal government has classified controlled substances in five different “schedules,” with Schedule I drugs having the highest potential for abuse or addiction and no accepted medical uses, and Schedule V drugs being the least dangerous with low potential for abuse. Controlled substances contained in each of these schedules are listed by the U.S. Drug Enforcement Administration (DEA). For example:

  • Schedule I drugs include heroin, LSD, peyote, Ecstasy, and marijuana.
  • Schedule II drugs include morphine, opium, oxycodone, fentanyl, and methamphetamine.
  • Schedule III drugs include Tylenol with Codeine, anabolic steroids, and ketamine.
  • Schedule IV drugs include Xanax, Valium, Ativan, and Halcion.
  • Schedule V controlled substances consist primarily of preparations containing limited quantities of certain narcotics, such as codeine.

What Drug Crimes Can You Be Charged With in Dillon?

In Colorado, drug crimes are categorized in six different categories or levels. The level of the offense can depend on various factors, including the type and amount of controlled substance, whether it was for personal use or for sale, and the criminal history of the accused. Some Colorado drug crimes are wobblers, meaning they can be charged as either a misdemeanor or a felony, at the discretion of the prosecution. Levels of drug crimes in Colorado and their potential penalties, from least to most serious, are:

  • Level 2 drug misdemeanor: Example – unlawful drug use. Penalties include up to 12 months in jail and/or $50 to $750 in fines. Courts typically grant probation and a $500 fine for unlawful drug use.
  • Level 1 drug misdemeanor: Example – simple possession. Punishable by six to 18 months in jail and/or $500 to $5,000 in fines. Courts typically grant probation and a $1,000 fine for simple possession.
  • Level 4 drug felony: Example – selling no more than four grams of Schedule III or IV drugs. Punishable by six months to one year in prison, and/or $1,000 to $100,000 in fines, a surcharge of $1,500, and mandatory parole for one year. May be reduced to Level 1 drug misdemeanor if the defendant completes probation or community corrections (sentencing alternative).
  • Level 3 drug felony: Example – selling no more than 14 grams of Schedule I or II drugs. Potential penalties include two to four years in state prison, fines of $2,000 to $500,000, drug offender surcharge of $2,000, one year mandatory parole.
  • Level 2 drug felony: Example – possession of materials to manufacture methamphetamine. Penalties include prison sentence of four to eight years, fine of $3,000 to $750,000, drug offender surcharge of $3,000, and mandatory two years of parole.
  • Level 1 drug felony: Example – selling Schedule I or II drugs to a minor. Punishable by eight to 32 years in state prison, $5,000 to $1 million in fines, $4,500 surcharge, and mandatory three years of parole.

If you are facing drug charges in Dillon, contact Whitaker & Penix, LLC at (970) 368-0602. We are former prosecutors who use our knowledge to our clients’ advantage.