Drug possession charges in Denver can result when someone has controlled substances without a valid prescription from a doctor. Also known as possession for personal use, all types of narcotics (with the exception of marijuana) apply to this particular law. This can be a misdemeanor or felony offense depending on the schedule of the substance. Contacting an experienced drug possession lawyer is particularly essential if you've been accused of violating Colorado's drug possession laws.
What is Unlawful Possession of a Controlled Substance in Colorado?
C.R.S. 18-18-403.5 defines the specific elements of drug possession throughout the state of Colorado. Someone violates this law in Denver, Stapleton, or Lodo if they:
- knowingly possess,
- a controlled substance,
- without a current and valid prescription from a doctor
This can apply to unlawfully having a controlled substance on your person, as well as somewhere on your property (home, apartment, car, etc). It is also unlawful to store a friend's drugs for them, as you could both face unlawful possession charges.
Is Drug Possession a Misdemeanor or Felony in Denver?
Drug possession penalties often hinge on the specific controlled substance present. Misdemeanor charges apply to possession of Schedule V, IV, and III controlled substances such as:
- medications with small portions of codeine, opium, or morphine,
- prescription sleep aids,
- anabolic steroids
Conviction of misdemeanor drug possession can result in 6 – 18 months in county jail, as well as up to $5,000 in fines.
Felony drug possession charges apply to having schedule II and I controlled substances such as:
If convicted of felony drug possession in Denver, potential penalties include 6 – 12 months in the Colorado Department of Corrections, 1 year of parole, and also fines of up to $100,000.
Denver Drug Possession Lawyer
Unlawful possession of a controlled substance can lead to jail time, significant fines, rehab, and even deportation for non-citizens. With steep penalties such as these, skilled representation from a drug possession lawyer is especially crucial. Perhaps you weren't aware you were in possession of the substances, the drugs didn't belong to you, or only trace amounts were found. Nevertheless, contact our office for a free consultation with Denver's best criminal defense attorneys.
We have decades of combined experience defending clients with drug possession charges in Denver, Lakewood, and Aurora. We offer same-day jail visits, affordable fees, as well as flexible payment plans for those facing accusations across Colorado.
So, if you or someone you know is facing drug possession charges in Colorado, be smart. Contact the strategic criminal defense lawyers at O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Haley Lawrence