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Drug Possession

C.R.S. § 18-18-403.5

Drug possession charges are among the most common criminal cases in Colorado, but the consequences can range from probation to lengthy prison terms depending on the type and amount of drug. At Mile High Legal, our attorneys have successfully defended clients against possession and distribution charges by challenging the evidence, exposing unlawful searches, and fighting for reduced or dismissed cases.

Tell Us About Your Case

Charged with Drug Possession? Now what?

When you’re charged with a crime, a thousand questions and concerns run through your mind. Below is a list of of some of the most frequently considered questions and answers surrounding a drug possession charge.

What’s the difference between possession and possession with intent to distribute?
Intent to distribute is usually charged when larger amounts of drugs or items like baggies, scales, or firearms are found. It carries much harsher penalties.
No, not without probable cause, a warrant, or valid consent. The trunk is not considered within your immediate reach for officer safety.
The state must prove you knowingly possessed them. If they were in a shared space, the defense may argue lack of knowledge or control.
Yes. Many MHL cases have been dismissed after judges ruled police violated constitutional protections during searches.
Most felony drug convictions are permanent in Colorado and cannot be sealed or expunged.

Colorado Statutory References (CRS Codes)

  • Possession of a Controlled Substance: C.R.S. § 18-18-403.5
  • Possession with Intent to Distribute: C.R.S. § 18-18-405
  • Schedule of Controlled Substances: C.R.S. § 18-18-204 (Schedules I–V)

Legal Definition of Drug Possession in Colorado

Colorado law makes it illegal to knowingly possess controlled substances without a valid prescription. Charges depend heavily on:

  • The type of drug (Schedule I–V substances, e.g., heroin, cocaine, fentanyl, methamphetamine, prescription opioids)
  • The amount/weight of the drug in your possession
  • Whether you had items indicating distribution (scales, baggies, large sums of cash, firearms, multiple cell phones)

Misdemeanor vs. Felony Drug Possession

Misdemeanor Possession

  • Applies to small amounts of Schedule III, IV, or V drugs.
  • Example: Being caught with a few prescription pills without a prescription.
  • Penalties: Up to 364 days in jail, fines up to $1,000, probation, and mandatory treatment.

Felony Possession

  • Applies to larger amounts of Schedule I or II drugs (heroin, cocaine, meth, fentanyl).
  • Example: Being caught with several grams of heroin or cocaine.
  • Penalties:
    • Level 4 Drug Felony: 6 months to 1 year in prison, up to $100,000 fine.
    • Level 3 Drug Felony: 2 to 4 years in prison, up to $500,000 fine.
    • Level 2 Drug Felony (intent to distribute): 4 to 8 years in prison, up to $750,000 fine.

Possession with Intent to Distribute

Prosecutors often elevate possession charges to possession with intent to distribute if you have:

  • Large quantities of drugs (even if for personal use)
  • Packaging materials like baggies or scales
  • Firearms or weapons near the drugs
  • Large amounts of cash
  • Multiple phones or evidence of distribution activity


This enhancement can increase penalties dramatically — sometimes doubling potential prison time and fines.

Illegal Searches and Seizures in Drug Cases

Many drug cases are won or lost on the issue of search and seizure. The U.S. and Colorado Constitutions protect you from unlawful searches by police. Common violations include:

  • Trunk Searches: Police cannot search your trunk incident to arrest because it is not within your immediate reach and does not pose a safety threat. MHL attorneys have successfully had cases dismissed where officers illegally searched trunks without consent or a warrant.
  • Vehicle Searches: Officers need probable cause to search your car; a simple traffic violation is not enough.
  • Home Searches: Police generally need a warrant or valid consent.
  • Personal Searches: Officers must have legal grounds to pat you down or search your belongings.


At Mile High Legal, we have had numerous drug cases thrown out by judges after proving that evidence was obtained through unconstitutional searches.

Penalties for Drug Possession in Colorado

  • Misdemeanor: Up to 364 days in jail, fines up to $1,000, probation, drug treatment
  • Felony: Prison sentences from 6 months to 8 years, fines up to $750,000, parole, and loss of civil rights
  • Collateral Consequences: Loss of employment opportunities, immigration issues, loss of student aid, driver’s license consequences in some cases

Strategies to Fight Drug Possession Charges

  • Arguing unlawful search or seizure (suppression of evidence)
  • Proving lack of knowledge of drugs (not yours, borrowed vehicle, etc.)
  • Showing insufficient quantity to prove possession or distribution
  • Challenging forensic testing of the alleged drugs
  • Exposing mishandling of evidence by law enforcement
  • Negotiating for treatment programs or deferred judgments instead of conviction

Attorney Case Results & Experience

Mile High Legal has a proven track record of defending drug possession cases, including:

  • Dismissed: Felony possession charges thrown out after proving officers illegally searched the client’s trunk without probable cause.
  • Reduced: Felony distribution charges reduced to misdemeanor possession after showing no evidence of sales activity.
  • Not Guilty: Jury acquittal where prosecutors failed to prove client knowingly possessed drugs found in a shared vehicle.

Choose an Experienced Colorado Assault Defense Attorney

Drug possession charges are serious, but with the right defense, they can be fought. At Mile High Legal, we carefully investigate every step of the state’s case, from the stop to the search to the lab results. Our goal is to protect your rights, challenge unconstitutional searches, and fight for the best outcome possible.

Contact us today for a confidential consultation. Remember, in our legal system, you are innocent until proven guilty.