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Unlawful Possession of a Controlled Substance in Westminster | Criminal Defense

Posted by Kyle B. Sawyer | Sep 27, 2023 | 0 Comments

Unlawful Possession of a Controlled Substance

Having certain drugs in your possession is unlawful in Westminster, Colorado without an up-to-date, valid doctor's prescription. Whether these controlled substances are in your pocket, backpack, or car, law enforcement will pursue charges when you've got narcotics without a prescription. The penalties in these cases often depend on what type of drug is involved, leading to either misdemeanor or felony drug possession. Consult an experienced drug crimes attorney right away if you've been contacted by police regarding unlawful possession.

3 Kinds of Controlled Substance Possession in Colorado

The government regulates controlled substances due to their potential for abuse and addiction. Schedule V substances have the lowest potential for harm. Schedule I have the highest. Being in possession of these drugs means exercising physical control over them. You're considered to be in possession of a controlled substance in Westminster or Broomfield if you have:

  • Actual Possession - physically holding or touching the controlled substance,
  • Constructive Possession - control without touching it such as hiding it somewhere,
  • Joint Possession - 2 or more people sharing control of the drug

Storing or stashing a friend's drugs is never a good idea. Both you and your friend can face criminal possession charges regardless of who owns the substances.

When is Unlawful Drug Possession a Felony in Colorado? 

Misdemeanor drug possession charges involve Schedule V, IV, and III controlled substances. Having prescription sleep aids, Valium, Xanax, or anabolic-androgenic steroids without a valid prescription is a level 1 drug misdemeanor. A conviction can result in:

  • up to 2 years of probation,
  • as many as 180 days in county jail,
  • a maximum fine of $1,000

However, unlawful possession of more serious drugs like Ketamine, Methamphetamine, PCP, Oxycontin, Vicodin, Cocaine, or Heroin is a level 4 drug felony. Potential penalties can include up to a year in the Colorado Department of Corrections, thousands of dollars in fines, and a year of parole. While a strategic defense attorney may be able argue probation is more appropriate, a prior felony conviction can disqualify a defendant from this sentencing option.

Westminster Drug Possession Attorney

Just because you've been charged with unlawfully possessing drugs does not mean you're guilty. Perhaps the substances didn't belong to you, there is a valid prescription, or you didn't know you were in possession. Nonetheless, contact our office for a free, confidential consultation with an experienced defense attorney.

We have decades of combined experience fighting drug charges throughout Colorado's courts and will pursue the best possible outcome for you in your case. We offer same-day jail visits, competitive fees, and flexible payment plans for those facing drug possession allegations in Westminster, Broomfield, and Boulder.

Don't talk to police about drug possession allegations - talk to us. 303-830-0880

Photo by stevepb

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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