Wondering if drug possession is a felony in Colorado? Yes, drug possession in Colorado can be a felony sometimes, but not all the time. There are a variety of factors that can impact whether you are charged with a felony or a misdemeanor. And whether the prosecutor charges you with a misdemeanor or felony can make a world of difference in the severity of penalties you might face.
A felony conviction could mean higher fines, more post-conviction limitations on your activities, or increased jail time for possession. When facing a drug charge, hiring a strong criminal defense attorney is crucial to protecting your freedom.
When is possession of drugs a felony in Colorado? Typically, it depends on the type or amount of drugs a person was allegedly carrying and what their alleged intentions were for those drugs. Mike Ferrell of The Ferrell Law Firm, PLLC, has a thorough understanding of Colorado drug possession laws. He knows how to safeguard criminal defendants from wrongful charges and prosecutions.
Key Takeaways:
- Felony Criteria: Drug possession in Colorado becomes a felony for Schedule I or II substances, ketamine, flunitrazepam, or gamma hydroxybutyrate, especially in quantities over four grams or with intent to distribute.
- Impact of Prior Convictions: Previous misdemeanor drug convictions can escalate a new charge to a felony.
- Defense Strategies: A strong defense may involve arguing minimal possession, lack of intent to distribute, or constitutional violations by law enforcement.
- Legal Assistance: Hiring a knowledgeable criminal defense attorney is crucial for navigating drug charges and potentially avoiding felony convictions.
Factors That Might Support a Felony Possession Charge
One of the “simplest” ways that the State can justify a felony drug possession charge is by proving that you possessed a Schedule I controlled substance, a Schedule II controlled substance, or one of the following substances:
- Ketamine,
- Flunitrazepam, or
- Gamma hydroxybutyrate.
Knowingly possessing any mixture, compound, or preparation that contains a substance mentioned above can be a drug felony. Sometimes, a felony charge depends on whether you had more than four grams of a prohibited substance, and sometimes the quantity does not matter.
Also, a history of multiple misdemeanor drug convictions can convert your next charge into a felony. But keep in mind that many narcotics contain Schedule I or Schedule II substances, making possession of narcotics a felony in multiple situations.
When else is possession of drugs a felony? When the State can show that you intended to manufacture or distribute a controlled substance. Even the possession of legal, non-prescription drugs can be a felony if the State can prove you intended to manufacture a controlled substance such as methamphetamine.
This can be done by using the following materials:
- Phenylpropanolamine,
- Ephedrine, or
- Pseudoephedrine.
The State might argue that a defendant intended to manufacture or distribute an illicit drug based on the quantity of the substances they possessed, their behavior, or the presence of drug packaging paraphernalia like baggies and scales.
How Do I Avoid a Felony Drug Possession Charge or Conviction?
Your lawyer can formulate a defense based on your unique circumstances. A constitutional violation committed by law enforcement might force the State to dismiss or reduce your charges. Or you might get a drug charge reduced or dismissed by convincing a prosecutor, judge, or jury of the following:
- You had only a minimal amount of a substance,
- Certain substances were not involved in your possession, or
- You had no intent to distribute the drug you possessed.
But proving your intentions or parsing through what chemicals and compounds were truly involved in a drug charge can be a complex and tricky business. This undertaking should include the guidance of a knowledgeable attorney. Mike Ferrell has served on both sides of the courtroom in criminal cases. This gives him unique insight into how prosecutors think and can be a distinct advantage as he works to protect your rights.
Facing a Felony Drug Possession Charge? Contact The Ferrell Law Firm
When the State has accused you of a drug possession crime, you cannot wait to protect yourself. You should speak to an experienced criminal defense attorney immediately. And if you are in the Boulder area, Mike Ferrell is the attorney to speak to.
Mike has years of experience, has helped hundreds of clients favorably resolve their cases, and is passionate about defending citizens accused of crimes by the government. You can call The Ferrell Law Firm, PLLC, at 720-687-2795 or contact us online to schedule a case review.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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