Facing drug charges in Colorado can feel confusing, especially if you are trying to figure out how the different levels work. Drug crimes here are divided into categories based on the type of substance, the amount involved, and the actions you are accused of taking. Understanding the levels of Colorado drug crimes is a big step toward knowing what to expect and what rights you still have.
Colorado divides drug offenses into felony and misdemeanor levels based on how serious the situation is, including the type of drug involved, and whether you have a prior record. Colorado Revised Statutes § 18-18-403.5 covers unlawful possession of a controlled substance, but possession is only one part of what the law addresses. Here are the general levels used to classify drug charges in Colorado:
The level of your charge can affect everything from your sentence to whether the case can be resolved through a plea deal or diversion as part of your criminal defense.
Courts in Orange County and across Colorado look at specific details when deciding how serious a drug charge is. Everything from the type of drug involved to whether someone had a prior conviction can influence how the case is classified and sentenced. The felony sentencing guidelines outlined in Colorado Revised Statutes § 18-1.3-401 are used by courts when making those decisions.
The amount and classification of the drug play a major role in determining whether the charge is treated as a misdemeanor or a felony. Drugs are organized into five different Schedules which are based on how addictive they are and whether they have any accepted medical use. Larger amounts or more dangerous substances usually lead to more serious charges.
Drug charges become more serious when there is evidence that the drugs were not just for personal use. Things like packaging materials, cash, or text messages about sales can all suggest an intent to distribute or manufacture. While a DUI charge focuses on driving under the influence, distribution charges are more about what someone was planning to do with the drugs they had.
If someone is arrested with a weapon or has a prior record, the situation becomes more complicated. These kinds of aggravating factors can quickly push a charge to a higher level, leading to longer prison sentences and fewer options for diversion or probation. Judges and prosecutors take repeat offenses seriously, especially when public safety is a concern.
Colorado law includes specific sentencing rules for drug offenses involving aggravating factors, while also allowing certain nonviolent offenders to seek alternative options. Here are some of the rules and options that may apply to drug-related charges:
While some nonviolent offenders may qualify for treatment or diversion, large trafficking cases often come with mandatory prison time. Every case is different, and eligibility for sentencing alternatives depends heavily on the specific circumstances of your case.