Denver Drug Lawyer Steven J. Pisani represents defendants accused of drug-related crimes in the state of Colorado. Criminal drug charges comprise a unique challenge for the legal representatives, judges and juries. A sentence for a drug felony carries severe collateral consequences that may not be readily obvious. Some consequences may include the loss of federal aid, loss of the right to vote, immigration consequences, loss of the right to keep or own firearms, and a lot more.
In complex drug cases, usually both the law and science are required to successfully defend the case. Thus, it is really important that your drug defense attorney is well-informed and experienced in “search and seizure” law and chemical analysis. Specializing in drug cases, attorney Steven J. Pisani earned degrees in both chemistry and the law, setting him apart as one of the best drug defense attorneys in the Denver area.
Challenging the Credibility of Informers and Law Implementation Authorities
Many drug cases turn on the truthfulness of undercover police officers and informers. An expert cross examiner can reveal discrepancies and faults in the evidence that can create reasonable doubt, leading to an acquittal at trial or to force a plea bargain. If you face any drug crime charges, contact us today and discuss the case in confidence. The initial consultation to discuss your matter is free of charge.
Ownership of a Controlled Substance
The most common drug charge is possession of controlled substance (PCS). Possession has a specific legal definition and even if the drugs were not yours, you may be charged with possession if other criteria are met. If you are arrested for the possession of illegal substances, then the severity of the charges simply depends on the quantity and the type of drug. Colorado’s drug law categorizes controlled substances primarily using the Federal drug “schedules”.
Below are some common drugs and their Federal schedule:
Schedule I drugs comprise the most hazardous and highest risk of making the user an addict. Additionally, the drug must have “no legitimate medical use”. Drugs included under this category contain mescaline, marijuana*, heroin, LSD, and peyote. Custody of these drugs (apart from marijuana) could result in serious charges like class 4 Drug Felony.
Schedule II includes all those drugs that still have a great risk of abuse, but may have genuine medical uses. These include substances like methamphetamines, cocaine, methadone, opium and amphetamines. Class 4 Drug Felony could be the most serious charge if someone is booked for keeping any of these drugs.
Schedule III drugs are a little less risky than Schedule II drugs, however they are still moderately unsafe. Drugs under Schedule III comprise anabolic steroids, codeine, ketamine, hydrocodone, testosterone, and some depressants. Possession of these drugs can result in a class 1 Drug Misdemeanor.
Schedule IV drugs have a minor risk of addiction and have very conventional medical uses. Schedule IV includes a few substances like some tranquilizers, clonazepam, and sedatives. A person can be charged with class 1 Drug Misdemeanor for possession of these drugs.
Schedule V constituents have a minimal risk of dependency and contain drugs such as over the counter medication with Codeine. Charges as high as a class 1 Drug Misdemeanor can be levied over the person for the possession of such drugs.
*Marijuana is now legal in Colorado for both recreational and medical purposes. Special regulations are in effect and are ever changing as Colorado embarks on this uncharted territory. Contact a Drug Defense Attorney to find out the latest on Colorado marijuana laws.
Marijuana in Colorado
In November of 2012, Colorado voters passed Amendment 64 to the state’s constitution. The law addresses “personal use and regulation of marijuana” for adults 21 and over, as well as commercial cultivation, manufacture, and sale, effectively regulating cannabis in a manner similar to alcohol. This was an electoral first not only in America but in the world. Recreational stores officially opened on January 1, 2014. Adults 21 or older can grow up to three immature and three mature cannabis plants privately in a locked space, legally possess all cannabis from the plants they grow (as long as it stays where it was grown), legally possess up to one ounce of cannabis while traveling within the state of Colorado, and give as a gift up to one ounce to other citizens of Colorado 21 years of age or older.
While personal use is now legal for adults 21 and older, there is still the possibility of criminal charges if the law is not adhered to strictly. For example, consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for minor in possession, public consumption, and driving under the influence of drugs (DUID).
If you have questions about drug charges in Colorado, contact Drug Defense Attorney Steven J. Pisani for a free consultation today.