3 Types of Drug Charges in Denver

There’s no question that Colorado is laxer when it comes to drug laws than other states. While this is true, there are still laws that must be followed.

If at any time you are arrested and charged with drug crimes in Denver, you can count on the Law Offices of Steven J. Pisani to help you. We can review your charges and help ensure you receive the quality legal protections and representation that you deserve.

Basic Drug Crimes in Colorado

In Denver, there are several drug offenses that you may be arrested and charged with. These include:

1. Drug Use

In most situations, the use of a controlled substance in Denver (and the entire state of Colorado), is considered a level II misdemeanor. The one exception to this level of drug charge is if you take a prescription medication without having a valid prescription or not as prescribed. It also applies to cases of using medical marijuana or any marijuana outside of your home (or the home of someone else).

2. Drug Possession

It’s legal to possess up to an ounce of marijuana for recreational use in Colorado if you are over the age of 21. However, most other controlled substances are illegal.

In Denver, you can be charged with three different types or levels of possession. These include:

True possession, which means you are physically in possession of the drugs.
Constructive possession, which is when you have control over the drugs.
Joint possession is if you share ownership or control of the drugs with someone else.

The possession of controlled substances beyond what is considered legal according to the law will result in you facing criminal charges. However, the level of the crime depends on what you have and how much of it you have.

3. Selling or Manufacturing Drugs

Selling or manufacturing drugs can be considered a misdemeanor or felony. What you are charged with is dependent on the following:

Your past criminal activity or charges
The amount you are accused of selling or making
The type of drug you are accused of selling or making

Understanding Drug Felonies in Denver

Usually, if you are charged with a felony related to drugs in Denver, it will be related to the manufacturing or selling of narcotics. In Colorado, you will find there are four different levels of felony drug charges. These include:

Level I Drug Felonies

This is considered the most serious drug felony that you can be charged with in Denver. This is the charge that you will face if you are caught with the following:

Selling over 50 pounds of marijuana
Selling marijuana to someone under 18 (a minor) in over 2.5 pounds if the adult is a minimum of two years older than the buyer
Selling a Schedule I or II drugs to a minor if the adult dealer is at least two years older than them
Selling a controlled substance, which includes more than 225 grams of a Schedule I or Schedule II drug, or more than 112 grams of methamphetamine, ketamine, or heroin

The penalties involved with a Level I drug felony can include fines that go up to $1 million and up to 32 jails in prison. If there are any type of aggravating factors involved in the situation, then the minimum sentence that applies to the charge is 12 years. The aggravating factors include the following:

Being out on bond for a different felony
After escaping from prison
Being confined for a different felony
Being on parole or probation for a different felony

Level II Drug-Related Felonies

The next level of felony drug charges is Level II. You will face this type of drug charge if you are caught selling over 14 grams of any Schedule I or Schedule II substance, if you sell or distribute materials that are used for manufacturing any controlled substances, or if you have materials for producing methamphetamine or amphetamine. If you’re charged with a felony in Denver, you’ll need even more staunch representation.

Let Our Legal Team Help with Your Denver Drug Charges

If you are facing drug charges in Denver, it’s important to get in touch with us at the Law Offices of Steven J. Pisani. We will review the facts of your case and provide you with a strong defense for the charges you are facing.

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