Fairplay Drug Crime Lawyer
Representing Fairplay Residents Charged With Drug Crimes
Although penalties for possession of certain controlled substances in Colorado became less severe as of March 1, 2020, a drug conviction can still have serious consequences. Conviction of a felony drug offense can mean a jail or prison sentence and heavy fines. Any drug crime conviction will leave you with a criminal record that can significantly impact your future prospects. If you are facing drug crime charges in Fairplay, our experienced criminal defense attorneys can provide the strong defense you need. Call now at (970) 368-0602 to arrange a free consultation.
What Is a Controlled Substance?
A controlled substance is a drug or other substance that is controlled by the government because of its potential to be abused or cause addiction. Controlled substances are classified in five categories or schedules under the federal Controlled Substances Act, based on whether they have a currently accepted medical use in the U.S., their relative potential for abuse, and their likelihood of causing dependence when abused.
Schedule I controlled substances have a high potential for abuse and no currently accepted medical use, and a lack of accepted safety for use under medical supervision. They include heroin, LSD, and Ecstasy. At the other end of the scale, Schedule V controlled substances have a relatively low potential for abuse and consist primarily of preparations, such as cough syrups, containing limited quantities of certain narcotics.
What Are the Various Types of Drug Crimes and Their Potential Penalties?
Drug crimes in Colorado are categorized in seven different classes, listed below in the order least to most serious:
- Drug Petty Offenses: Examples include possessing drug paraphernalia and possessing up to two ounces of marijuana in public. Maximum penalty is a $100 fine, plus 24 hours of community service when the offense is use of marijuana in public.
- Level 2 Drug Misdemeanors: Examples include unlawful use of a controlled substance and possession of more than two ounces but not more than six ounces of marijuana. Punishable by up to 12 months in jail and/or a fine of $50 to $750. Defendants charged with unlawful drug use typically get probation and a fine of $500.
- Level 1 Drug Misdemeanors: Examples include possession of more than six ounces of marijuana and unlawful possession of Schedule III, IV, or V drugs. Possible penalties include a jail term of six to 18 months and/or a fine of $500 to $5,000. Defendants charged with simple possession typically get probation and a fine of $1,000.
- Level 4 Drug Felonies: Examples include selling no more than four grams of Schedule III or IV drugs and possession of more than four grams of Schedule I or II drugs. Punishable by six months to one year in prison and/or a fine of $1,000 to $100,000. With aggravating circumstances, the maximum prison sentence is two years.
- Level 3 Drug Felonies: Examples include distributing an imitation controlled substance to a minor and selling no more than 14 grams of Schedule I or II drugs. Conviction could mean two to four years in prison, or four to six years with aggravating circumstances, and or a fine of $2,000 to $500,000.
- Level 2 Drug Felonies: Examples include unlawful possession of materials to make methamphetamine and amphetamine and unlawful sale or distribution of materials to manufacture controlled substances. Penalties include a prison term of four to eight years, or eight to 16 years with aggravating circumstances, and/or fines of $3,000 to $750,000.
- Level 1 Drug Felonies: Examples include selling marijuana in an amount of more than 50 pounds and selling Schedule I or II drugs to a minor. Punishable by eight to 32 years in prison, with a minimum term of 12 years if the crime involves aggravating circumstances, and/or a fine of $5,000 to $1 million.
Drug crime charges can have serious consequences. Call a Fairplay criminal attorney Whitaker & Penix, LLC at (970) 368-0602 for a strong legal defense.