Types of Drug Charges and Potential Penalties:
Colorado courts charge offenders for crimes related to possession, production, and distribution of controlled substances. The severity of an individual charge depends on many factors including the type of substance alleged as well as the quantity of the substance. Colorado classifies drug crimes as follows:
Drug Misdemeanor 2 (DM2)
Potential Penalties: Up to 12 months imprisonment and/or a fine of $50 to $750.
Drug Misdemeanor 1 (DM1)
Potential Penalties: 6 to 18 months imprisonment and/or a fine of $500 to $5,000.
Drug Felony 4 (DF4)
Potential Penalties: 6 months to 1 year imprisonment and/or a fine of $1,000 to $100,000. Mandatory Parole: 1 year.
Potential Penalties if Aggravated: 1 to 2 years imprisonment and/or a fine of $1,000 to $100,000. Mandatory Parole: 1 year.
Drug Felony 3 (DF3)
Potential Penalties: 2 to 4 years imprisonment and/or a fine of $2,000 to $500,000. Mandatory Parole: 1 year.
Potential Penalties if Aggravated: 2 to 6 years imprisonment and/or a fine of $2,000 to $500,000. Mandatory Parole: 1 year.
Drug Felony 2 (DF2)
Potential Penalties: 4 to 8 years imprisonment and/or a fine of $3,000 to $750,000. Mandatory Parole: 2 years.
Potential Penalties if Aggravated: 8 to 16 years imprisonment and/or a fine of $3,000 to $750,000. Mandatory Parole: 2 years.
Drug Felony 1 (DF1)
Potential Penalties: 8 to 32 years imprisonment and/or a fine of $5,000 to $1 million.
Mandatory Parole: 3 years.
Factors that can aggravate sentences associated with a drug charge include:
-Being on parole or probation for a felony; or, being on bond for a felony revocation (including juvenile offenses that would be a felony if the offender were an adult).
-Current confinement in Department of Corrections or in another facility.
-Other aggravating factors.
Special Offender: If one or more of the following are present the court shall sentence the defendant to the mandatory range of DF1.
-Court finds that defendant is a career narcotics distributor (i.e. most of defendant's finances are derived from the sale of narcotics and defendant has special skills/expertise related to drug distribution).
-Defendant is involved in a conspiracy to sell drugs as a pattern of distribution, almost always working with other group members to further the conspiracy.
-Defendant imported into Colorado more than 14 grams of a schedule I or II substance or more than 7 grams of methamphetamine, heroin, ketamine, or cathinone.
-Substances at issue were used, displayed, or possessed on the defendant’s person with a deadly weapon also on the defendant’s person, or substances were used or possessed within immediate reach of a deadly weapon.
-The defendant or a confederate possessed a firearm to which they had access in a manner that posed a risk to others or in a vehicle that the defendant was occupying at the time of the offense.
-The defendant induced a minor to distribute or help to aid in the distribution of an illicit substance.
-The defendant engaged in a continuing criminal enterprise by engaging in a criminal enterprise where the drug violation is a part of a continuing series of 2 or more drug violations on separate occasions with 5 or more people acting in concert and the defendant is in a position of management of the ring which is the defendant’s source of income.
-Distribution occurred on school grounds or vehicle, public housing development, or within 1000 feet of the aforementioned areas.
Possession of Various Substances pursuant to C.R.S. § 18-18-403.5:
Unlawful use of any controlled substance (including prescription medications) is a DM2.
Possession of any weight of a schedule III, IV, or V substance is a DM1.
Possessions of a schedule I or II substance, or flunitrazepham, or ketamine of any weight is classified as a DF4.
Distribution of Substances pursuant to C.R.S. § 18-18-405:
DM1
It shall be a level 1 Drug Misdemeanor if the distribution involves distributing a schedule V controlled substance; or a transfer with no remuneration of not more than 4 grams of a schedule III or IV controlled substance;
DF4
It shall be a level 4 Drug Felony if the distribution involves distribution of less than 4 grams of Schedule III or IV controlled substance;
DF3
It shall be a level 3 Drug Felony if the distribution involves distribution of less than 14 grams of Schedule I or II; Distribution of less than 7 grams of methamphetamine, Heroin, Ketamine, or Cathinone; Distribution of less than 10 mg of Flunitrazepham; or more than 4 grams of a Schedule III or IV controlled substance;
DF2
It shall be a level 2 Drug Felony if the distribution involves more than 14 grams and less than 250 grams of a Schedule I or II substance; more than 7 grams but less than 112 grams of methamphetamine, heroin, ketamine, or cathinone; More than 10 mg of Flunitrazepam; or if an adult distributes any quantity of a schedule III or schedule IV to a minor and the adult is at least 2 years older;
DF1
It shall be a level 1 Drug Felony if the distribution of controlled substance involves more than 250 grams and is a schedule 1 or II substance; or more than 112 grams of Methamphetamine, Ketamine, Heroin, or Cathinone; or more than 50mg of Flunitrazepam, Also, it shall be a DF1 if an adult distributes any quantity of a schedule I or II controlled substance to a minor and the adult is at least 2 years older.
Special Issues in Marijuana Prosecutions:
Although Colorado legalized recreational marijuana in 2012 via the enactment of amendment 64, many individuals are still charged with offenses involving use, possession, distribution, and cultivation of marijuana. individuals are charged with drug misdemeanors or felonies if they fail to comply with the state’s new laws regulating the commercial sale and distribution of recreational marijuana.
Most frequently, individuals face charges for marijuana offenses involving driving under the influence of marijuana or public consumption of marijuana.
Don’t Talk to Police if Charged with a Drug Offense:
Attorney James Frazier strongly recommends against talking to law enforcement or to anyone else without first consulting with a criminal defense attorney if you've been charged with a drug related offense. Law enforcement personnel may offer immunity from criminal charges and prosecution in exchange for work as a confidential informant. Law enforcement officials make these types of offers when they believe that defendants aren’t acting alone. Acquiescing to this type of offer will allow law enforcement to collect information about, and evidence against other individuals who may be working with the defendant to facilitate the distribution of narcotics.
Attorney James Frazier doesn’t represent people who enter into these types of agreements. However, Mr. Frazier advises that defendants refrain from entering into any agreement of this nature without speaking to an attorney first.
Rather than entering into problematic and potentially unenforceable agreements, attorney James Frazier utilizes conventional legal tactics such as fighting in court to reduce or dismiss drug related charges. Mr. Frazier thoroughly reviews all evidence and the means by which it was collected. Mr. Frazier also questions the weight of drugs and the testing methodology and processes utilized by the state. These are crucial steps to fighting drug related charges and attaining a favorable outcome in the courtroom.
Contact attorney James Frazier about drug charges at (720) 583-5529.
Colorado courts charge offenders for crimes related to possession, production, and distribution of controlled substances. The severity of an individual charge depends on many factors including the type of substance alleged as well as the quantity of the substance. Colorado classifies drug crimes as follows:
Drug Misdemeanor 2 (DM2)
Potential Penalties: Up to 12 months imprisonment and/or a fine of $50 to $750.
Drug Misdemeanor 1 (DM1)
Potential Penalties: 6 to 18 months imprisonment and/or a fine of $500 to $5,000.
Drug Felony 4 (DF4)
Potential Penalties: 6 months to 1 year imprisonment and/or a fine of $1,000 to $100,000. Mandatory Parole: 1 year.
Potential Penalties if Aggravated: 1 to 2 years imprisonment and/or a fine of $1,000 to $100,000. Mandatory Parole: 1 year.
Drug Felony 3 (DF3)
Potential Penalties: 2 to 4 years imprisonment and/or a fine of $2,000 to $500,000. Mandatory Parole: 1 year.
Potential Penalties if Aggravated: 2 to 6 years imprisonment and/or a fine of $2,000 to $500,000. Mandatory Parole: 1 year.
Drug Felony 2 (DF2)
Potential Penalties: 4 to 8 years imprisonment and/or a fine of $3,000 to $750,000. Mandatory Parole: 2 years.
Potential Penalties if Aggravated: 8 to 16 years imprisonment and/or a fine of $3,000 to $750,000. Mandatory Parole: 2 years.
Drug Felony 1 (DF1)
Potential Penalties: 8 to 32 years imprisonment and/or a fine of $5,000 to $1 million.
Mandatory Parole: 3 years.
Factors that can aggravate sentences associated with a drug charge include:
-Being on parole or probation for a felony; or, being on bond for a felony revocation (including juvenile offenses that would be a felony if the offender were an adult).
-Current confinement in Department of Corrections or in another facility.
-Other aggravating factors.
Special Offender: If one or more of the following are present the court shall sentence the defendant to the mandatory range of DF1.
-Court finds that defendant is a career narcotics distributor (i.e. most of defendant's finances are derived from the sale of narcotics and defendant has special skills/expertise related to drug distribution).
-Defendant is involved in a conspiracy to sell drugs as a pattern of distribution, almost always working with other group members to further the conspiracy.
-Defendant imported into Colorado more than 14 grams of a schedule I or II substance or more than 7 grams of methamphetamine, heroin, ketamine, or cathinone.
-Substances at issue were used, displayed, or possessed on the defendant’s person with a deadly weapon also on the defendant’s person, or substances were used or possessed within immediate reach of a deadly weapon.
-The defendant or a confederate possessed a firearm to which they had access in a manner that posed a risk to others or in a vehicle that the defendant was occupying at the time of the offense.
-The defendant induced a minor to distribute or help to aid in the distribution of an illicit substance.
-The defendant engaged in a continuing criminal enterprise by engaging in a criminal enterprise where the drug violation is a part of a continuing series of 2 or more drug violations on separate occasions with 5 or more people acting in concert and the defendant is in a position of management of the ring which is the defendant’s source of income.
-Distribution occurred on school grounds or vehicle, public housing development, or within 1000 feet of the aforementioned areas.
Possession of Various Substances pursuant to C.R.S. § 18-18-403.5:
Unlawful use of any controlled substance (including prescription medications) is a DM2.
Possession of any weight of a schedule III, IV, or V substance is a DM1.
Possessions of a schedule I or II substance, or flunitrazepham, or ketamine of any weight is classified as a DF4.
Distribution of Substances pursuant to C.R.S. § 18-18-405:
DM1
It shall be a level 1 Drug Misdemeanor if the distribution involves distributing a schedule V controlled substance; or a transfer with no remuneration of not more than 4 grams of a schedule III or IV controlled substance;
DF4
It shall be a level 4 Drug Felony if the distribution involves distribution of less than 4 grams of Schedule III or IV controlled substance;
DF3
It shall be a level 3 Drug Felony if the distribution involves distribution of less than 14 grams of Schedule I or II; Distribution of less than 7 grams of methamphetamine, Heroin, Ketamine, or Cathinone; Distribution of less than 10 mg of Flunitrazepham; or more than 4 grams of a Schedule III or IV controlled substance;
DF2
It shall be a level 2 Drug Felony if the distribution involves more than 14 grams and less than 250 grams of a Schedule I or II substance; more than 7 grams but less than 112 grams of methamphetamine, heroin, ketamine, or cathinone; More than 10 mg of Flunitrazepam; or if an adult distributes any quantity of a schedule III or schedule IV to a minor and the adult is at least 2 years older;
DF1
It shall be a level 1 Drug Felony if the distribution of controlled substance involves more than 250 grams and is a schedule 1 or II substance; or more than 112 grams of Methamphetamine, Ketamine, Heroin, or Cathinone; or more than 50mg of Flunitrazepam, Also, it shall be a DF1 if an adult distributes any quantity of a schedule I or II controlled substance to a minor and the adult is at least 2 years older.
Special Issues in Marijuana Prosecutions:
Although Colorado legalized recreational marijuana in 2012 via the enactment of amendment 64, many individuals are still charged with offenses involving use, possession, distribution, and cultivation of marijuana. individuals are charged with drug misdemeanors or felonies if they fail to comply with the state’s new laws regulating the commercial sale and distribution of recreational marijuana.
Most frequently, individuals face charges for marijuana offenses involving driving under the influence of marijuana or public consumption of marijuana.
Don’t Talk to Police if Charged with a Drug Offense:
Attorney James Frazier strongly recommends against talking to law enforcement or to anyone else without first consulting with a criminal defense attorney if you've been charged with a drug related offense. Law enforcement personnel may offer immunity from criminal charges and prosecution in exchange for work as a confidential informant. Law enforcement officials make these types of offers when they believe that defendants aren’t acting alone. Acquiescing to this type of offer will allow law enforcement to collect information about, and evidence against other individuals who may be working with the defendant to facilitate the distribution of narcotics.
Attorney James Frazier doesn’t represent people who enter into these types of agreements. However, Mr. Frazier advises that defendants refrain from entering into any agreement of this nature without speaking to an attorney first.
Rather than entering into problematic and potentially unenforceable agreements, attorney James Frazier utilizes conventional legal tactics such as fighting in court to reduce or dismiss drug related charges. Mr. Frazier thoroughly reviews all evidence and the means by which it was collected. Mr. Frazier also questions the weight of drugs and the testing methodology and processes utilized by the state. These are crucial steps to fighting drug related charges and attaining a favorable outcome in the courtroom.
Contact attorney James Frazier about drug charges at (720) 583-5529.
Frazier Legal LLC
"The arc of the moral universe is long; but it bends towards justice." -- Dr. Martin Luther King Jr.
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