Regardless of what level of drug charges you are facing, the law presumes that you are innocent until proven guilty. However, as the potential penalties for a drug conviction can be devastating, you may wish to consult a Brush drug lawyer. Having a tough advocate on your side can be vital to a positive result concerning your criminal charges.
The outcome of a drug conviction can be immense for your personal and professional future. You could face significant terms of incarceration, hefty fines, mandatory drug counseling or rehabilitation, and more. As a local criminal lawyer can tell you, a drug conviction also can influence your ability to find jobs or pursue specific careers, to the financial detriment of you and your family. Discuss your case with the Colorado Lawyer Team.
Drug Crimes and Schedules Under State Law
Like many state and federal governments, Colorado has classified various controlled substances according to their addictiveness, dangerousness, and medicinal value. Schedule I generally contains the most dangerous and addictive drugs, and Schedule V includes the least harmful drugs with the most useful medicinal properties. However, state law has created a separate schedule or classification for marijuana, although this drug remains a Schedule I drug under federal law.
Examples of Schedule I drugs are heroin, ecstasy, PCP, and mushrooms. Schedule II drugs include traditionally illegal drugs like methamphetamine and cocaine and some prescription painkillers such as fentanyl and oxycodone. Schedule III drugs also include prescription medications, such as those containing specific hydrocodone and codeine levels.
Schedule IV and V controlled substances primarily include prescription drugs that doctors often use to treat patients for various medical conditions. These drugs are more likely to have valid medicinal uses, such as Xanax and Valium. Criminal charges involving these drugs tend to carry lesser penalties than Schedule I or Schedule II drugs.
Unlawful Possession and Use of Drugs
Some of the most common drug charges under state law involve the unlawful possession and usage of drugs. Individuals who use controlled substances other than when a doctor has prescribed them commit a level 2 drug misdemeanor under C.R.S.A. § 18-18-404. Although this is a relatively low-level offense, it still can result in three to 12 months of incarceration and a fine ranging from $250 to $1,000.
Another common drug offense is unlawful possession of a controlled substance under C.R.S.A. § 18-18-403.5. Under this statute, individuals who possess more than four grams of any controlled substance listed in Schedules I or II, and selected other controlled substances, commit a level four felony offense. If individuals possess less than four grams of these controlled substances, the crime is a level 1 drug misdemeanor offense, unless they have three or more previous convictions, which increases the charge to a level four felony, with a potential prison sentence of two to six years.
Unlawful Distribution, Manufacturing, Dispensing, or Sale of Drugs
The unlawful distribution, manufacturing, dispensing, or sale of controlled substances typically results in higher-level criminal charges with more severe penalties. Under C.R.S.A. § 18-18-405, the exact charges and penalties for these offenses depend upon the schedule and the amount of the controlled substances involved. However, these criminal charges can range from a level one drug felony offense to a level one drug misdemeanor.
Possession with intent to distribute, manufacture, dispense, or sell controlled substances also violates this section. Furthermore, a conspiracy between two or more persons resulting in two or more transactions within six months may lead to increased charges and penalties based on the aggregate amount of drugs involved in multiple transactions. As these charges can result in severe penalties, contacting a local drug attorney may be wise for those facing these charges.
Talk to a Brush Drug Attorney for Guidance
When you face serious drug charges, you need to be aware of your rights and take steps to protect them. The most effective means of safeguarding your rights may be to contact a Brush drug lawyer immediately. Together, you can assess the evidence against you and explore your potential options for resolution.
Avoiding or minimizing the unwanted consequences of a drug conviction can be essential to your future. The information and insight that you may be able to get from legal counsel could significantly differ in the outcome of your case.