Distribution of a Controlled Substance

Understanding Colorado Drug Sales Charges: What You Need to Know

By Mile High Legal - Your Denver Drug Defense Attorneys

If you've been charged with selling or manufacturing drugs in Colorado, you're facing serious consequences that could impact your future. At Mile High Legal, our experienced Denver drug attorneys understand the complexities of Colorado's drug laws and are here to help protect your rights.

What Constitutes Drug Sales in Colorado?

Most people that are charged with distribution or sale likely are not actually selling or distributing. In Colorado all that is required is the “intent” to sell. Obviously, being caught in a transaction is strong evidence of sale, but otherwise prosecutors use the amount and surrounding circumstances to infer someone was intending to sell their stash (more on that later).

Under Colorado law (18-18-405 CRS), it's illegal for anyone not authorized by law to knowingly:

  • Manufacture

  • Dispense

  • Sell

  • Distribute

  • Possess with intent to manufacture, dispense, sell, or distribute

  • Induce, attempt to induce, or conspire with others to do any of the above

  • Possess chemicals or equipment with intent to manufacture controlled substances

https://casetext.com/statute/colorado-revised-statutes/title-18-criminal-code/article-18-uniform-controlled-substances-act-of-2013/part-4-offenses-and-penalties/section-18-18-405-unlawful-distribution-manufacturing-dispensing-or-sale

Drug Classifications and Penalties by Type and Amount

Schedule I and II Controlled Substances (except methamphetamine)

  • More than 225 grams = Level 1 Drug Felony (8-32 years)

  • 14-225 grams = Level 2 Drug Felony (4-8 years)

  • 14 grams or less = Level 3 Drug Felony (2-4 years)

Common Schedule I/II drugs include: Cocaine, LSD, Peyote, Oxycodone, Morphine, Opium

Methamphetamine, Heroin, Ketamine, or Cathinones

  • More than 112 grams = Level 1 Drug Felony (8-32 years)

  • 7-112 grams = Level 2 Drug Felony (4-8 years)

  • 7 grams or less = Level 3 Drug Felony (2-4 years)

Fentanyl, Carfentanil, or Benzimidazole Compounds

  • More than 50 grams = Level 1 Drug Felony (8-32 years)

  • 4-50 grams = Level 2 Drug Felony (4-8 years)

  • 4 grams or less = Level 3 Drug Felony (2-4 years)

Unsurpisingly, Colorado has cracked down on fentanly possession and any percieved sale. Smaller amounts sold or possesed now lead to much greater penalites compared to other drugs.

https://coloradosun.com/2022/05/11/colorados-new-fentanyl-law-explained/

Flunitrazepam (Rohypnol)

  • More than 50 milligrams = Level 1 Drug Felony (8-32 years)

  • 10-50 milligrams = Level 2 Drug Felony (4-8 years)

  • 10 milligrams or less = Level 3 Drug Felony (2-4 years)

Schedule III or IV Controlled Substances

  • More than 4 grams = Level 3 Drug Felony (2-4 years)

  • 4 grams or less = Level 4 Drug Felony (6 months-1 year)

Common Schedule III/IV drugs include: Xanax, Valium, Ambien, Codeine compounds, Anabolic steroids

Special Circumstances

  • Sale of ANY amount of Schedule I or II drugs to a minor by an adult at least 2 years older = Level 1 Drug Felony

  • Distribution of fentanyl, carfentanil, or analogs that results in death = Level 1 Drug Felony

  • Sale of ANY amount of Schedule III or IV drugs to a minor by an adult at least 2 years older = Level 2 Drug Felony

  • Sharing drugs for immediate consumption (≤ 4 grams of Schedule I/II or ≤ 2 grams of methamphetamine, heroin, ketamine, or cathinones) = Level 4 Drug Felony

  • Any amount of Schedule V substances = Level 1 Drug Misdemeanor (6-18 months jail)

Common Defense Strategies

Our Aurora drug attorneys frequently employ these effective defense strategies:

  1. Proving Personal Use: Demonstrating the drugs were for personal consumption, not distribution

  2. Challenging Ownership: Establishing the drugs belonged to someone else

  3. Lack of Knowledge: Showing you were unaware of the drugs' presence

  4. Legal Authorization: Proving you had legal right to possess the substances

  5. Constitutional Violations: Challenging illegal searches and seizures

  6. Insufficient Evidence: Proving there wasn't enough substance to constitute a usable amount

How Prosecutors Prove Intent to Sell

The prosecution may use various evidence to prove intent to distribute, including:

  • Digital scales

  • Multiple small packages

  • Large amounts of cash

  • Pay/owe sheets

  • Text messages or social media posts

  • Witness testimony

Alternative Sentencing Options

For some defendants, especially first-time offenders, our Adams County drug attorneys can pursue alternative sentencing options including:

  • Probation

  • Drug court programs

  • Deferred judgment and sentence

  • Rehabilitation programs including inpatient and intensive outpatient treatment

  • Community service

Important Notes About Drug Charges

  1. Amounts can be aggregated over a 6-month period for charging purposes

  2. Aggravated sentencing ranges apply to those with prior felonies

  3. Mandatory prison sentences apply to Level 1 Drug Felonies

  4. Some Level 4 felonies may qualify as "wobblers" and can be reduced to misdemeanors after successful probation

Contact Mile High Legal Today

If you're facing drug sales charges in Colorado, time is critical. Our experienced Denver drug defense lawyers understand local courts and prosecutors throughout the metro area, including Denver, Aurora, and Adams County.

Don't let drug charges derail your future. Contact Mile High Legal today for a free, confidential consultation. Our dedicated team of drug defense attorneys will evaluate your case and help protect your rights.

Keywords: Denver Drug Attorney, Adams County Drug Attorney, Aurora Drug Attorney, Colorado Drug Defense Lawyer, Drug Sales Defense, Denver Criminal Defense, Drug Trafficking Defense