Under C.R.S. § 18-18-403.5, following 2019’s House Bill 19-1263, Colorado reclassified simple possession of 4 grams or less of most Schedule I or II controlled substances as a misdemeanor rather than an automatic felony, carrying up to 180 days in jail on a first or second offense and up to 364 days on a third. Possession above 4 grams is a felony from the first offense, and certain substances, like GHB and other so-called date rape drugs, remain felonies regardless of amount. Repeat offenses or any evidence suggesting intent to distribute, like packaging materials or large amounts of cash, can also push a charge up to a felony.
What this hub will cover
Future pages here will look at diversion and treatment alternatives for first-time possession, how quantity and intent shape the charge, and what a possession case actually looks like from arrest through resolution.
What to do next
If you’re facing this in Colorado, call Mile High Legal at (720) 853-5779 for a free consultation. The earlier a defense attorney gets involved, the more options are usually still on the table.
Quick Answers
What is Colorado’s marijuana possession limit?
Adults 21 and older can legally possess up to 2 ounces of marijuana in Colorado. In 2021, Colorado passed House Bill 21-1090, which eliminated the state possession offense entirely for amounts at or under that limit. Possessing more than 2 but up to 6 ounces is a misdemeanor, carrying a potential 3 months to 364 days in jail and a fine up to $1,000, and public consumption remains prohibited regardless of the amount.
What are Colorado’s drug diversion program eligibility requirements?
Diversion is generally aimed at first-time offenders facing a misdemeanor drug charge, like simple possession, with no prior felony convictions and a willingness to participate in treatment, though the exact eligibility criteria are set by each district attorney’s office and vary by county. Separately, Colorado law under C.R.S. 18-1.3-102 allows courts to defer sentencing on certain felony drug charges for up to four years, giving someone time to complete treatment and have the charge ultimately dismissed instead of entering a conviction.
