Yes, and the threshold is lower than most people expect. Under House Bill 22-1326, possessing between 1 and 4 grams of a substance containing any amount of fentanyl is a level 4 drug felony, and possessing more than 4 grams is a level 1 drug felony, the most serious drug felony tier in Colorado. That 1-gram line is a significant drop from the 4-gram threshold the law replaced.
Why this catches people off guard
A single gram is a small amount, and fentanyl is frequently mixed into other substances without the person possessing it necessarily knowing the exact concentration. Someone who thinks they’re holding a modest amount of a different drug can end up facing a felony fentanyl charge because of what that substance actually contains.
What this means for a defense
Because the charge hinges on weight and composition, lab testing methodology and chain of custody for the seized substance become central issues in a lot of these cases, not just the underlying facts of the arrest.
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.
